HR1736-119

1. Short title This Act may be cited as the Generative AI Terrorism Risk Assessment Act.

2. Sense of Congress regarding the use of generative artificial intelligence applications for terrorist activity It is the sense of Congress that— the heightened terrorism threat landscape and the increasing utilization of generative artificial intelligence by foreign terrorist organizations represent a national security threat, and the challenges posed by such threat are not well understood; and the Department of Homeland Security, in consultation with the Office of the Director of National Intelligence, must take steps to recognize, assess, and address such threat, thereby reducing risks to the people of the United States.

3. Annual assessments on terrorism threats to the United States posed by the use of generative artificial intelligence for terrorism Not later than one year after the date of the enactment of this Act and annually thereafter for five years, the Secretary of Homeland Security, in consultation with the Director of National Intelligence, shall submit to the appropriate congressional committees an assessment of terrorism threats to the United States posed by the use of generative artificial intelligence for terrorism. Each terrorism threat assessment under paragraph (1) shall include the following: An analysis of incidents during the immediately preceding calendar year in which a foreign terrorist organization or individual has used or attempted to use generative artificial intelligence to carry out the following: Spread violent extremist messaging and facilitate the ability to radicalize and recruit individuals to violence. Enhance their ability to develop or deploy chemical, biological, radiological, or nuclear weapons. Recommendations on appropriate measures to counter terrorism threats to the United States posed by such terrorist organization or individual. Each terrorism threat assessment under paragraph (1)— shall be coordinated by the Secretary of Homeland Security to ensure compliance with applicable law and protections relating to individuals’ privacy, civil rights, and civil liberties, and may be informed by existing products of the Department of Homeland Security, as appropriate. Each terrorism threat assessment under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. The Secretary of Homeland Security shall post on a publicly available website of the Department of Homeland Security the unclassified portion of each such assessment. Each such unclassified portion shall not contain information that is designated as For Official Use Only, or otherwise would not be publicly available pursuant to section 552 of title 5, United States Code (popularly referred to as the Freedom of Information Act (FOIA)), or other applicable law. Not later than 30 days after the submission of each terrorism threat assessment under paragraph (1), the Secretary of Homeland Security shall brief the appropriate congressional committees regarding each such assessment. The head of any other relevant Federal department or agency shall join the Secretary for any such briefing if any such committee, in consultation with the Secretary, determines such is appropriate. The Secretary of Homeland Security shall review information relating to terrorism threats to the United States posed by the use of generative artificial intelligence for terrorism that is gathered by State and major urban area fusion centers and the National Network of Fusion Centers, and incorporate such information, as appropriate, into the Department of Homeland Security’s own information relating to such. The Secretary shall ensure the dissemination to State and major urban area fusion centers and the National Network of Fusion Centers of such information. In carrying out paragraph (1), the entities specified in paragraph (3) shall share with the Secretary of Homeland Security information regarding terrorism threats to the United States posed by the use of generative artificial intelligence for terrorism. The entities specified in this paragraph are the following: The Office of the Director of National Intelligence. The Federal Bureau of Investigation. Members of the intelligence community. Any other relevant Federal department or agency the Secretary of Homeland Security determines necessary. In this section: The term appropriate congressional committees means the Committee on Homeland Security, the Permanent Select Committee on Intelligence, and the Committee on Energy and Commerce of the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Select Committee on Intelligence, and the Committee on Commerce, Science, and Transportation of the Senate. The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). The term generative artificial intelligence means the class of artificial intelligence models that emulate the structure and characteristics of input data in order to generate derived synthetic content, including images, videos, audio, text, and other digital content. The term terrorist organization means any entity designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). The term fusion center has the meaning given such term in subsection (k) of section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h). The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). The term National Network of Fusion Centers means a decentralized arrangement of fusion centers intended to enhance the ability of individual State and local fusion centers to leverage the capabilities and expertise of all such fusion centers for the purpose of enhancing analysis and homeland security information sharing nationally. The term terrorism has the meaning given such term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).