II 119THCONGRESS 1 STSESSION S. 501 To require the Secretary of Health and Human Services to develop a strategy for public health preparedness and response to artificial intelligence threats, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY10, 2025 Mr. B UDD(for himself and Mr. MARKEY) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to develop a strategy for public health preparedness and response to artificial intelligence threats, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strategy for Public 4 Health Preparedness and Response to Artificial Intel-5 ligence Threats’’. 6 VerDate Sep 11 2014 00:18 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S501.IS S501 ssavage on LAPJG3WLY3PROD with BILLS 2 •S 501 IS SEC. 2. STRATEGY FOR PUBLIC HEALTH PREPAREDNESS 1 AND RESPONSE TO ARTIFICIAL INTEL-2 LIGENCE THREATS. 3 (a) D EFINITIONS.—In this section: 4 (1) A RTIFICIAL INTELLIGENCE.—The term ‘‘ar-5 tificial intelligence’’ has the meaning given the term 6 in section 238(g) of the John S. McCain National 7 Defense Authorization Act for Fiscal Year 2019 (10 8 U.S.C. note prec. 4061; Public Law 115–232). 9 (2) PHSA DEFINITIONS.—The terms ‘‘qualified 10 countermeasure’’, ‘‘security countermeasure’’, and 11 ‘‘qualified pandemic or epidemic product’’ have the 12 meanings given the terms in sections 319F–1(a)(2), 13 319F–2(c)(1)(B), and 319F–3(i), respectively, of the 14 Public Health Service Act (42 U.S.C. 247d– 15 6a(a)(2); (42 U.S.C. 247d–6b(c)(1)(B); (42 U.S.C. 16 247d–6d(i)). 17 (3) S ECRETARY.—The term ‘‘Secretary’’ means 18 the Secretary of Health and Human Services. 19 (b) S TRATEGY FORPUBLICHEALTHPREPAREDNESS 20 ANDRESPONSE TO ARTIFICIALINTELLIGENCE 21 T HREATS.— 22 (1) S TRATEGY.—Not later than 180 days after 23 the date of enactment of this Act, the Secretary, in 24 consultation with stakeholders, including stake-25 holders developing qualified countermeasures, secu-26 VerDate Sep 11 2014 00:18 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S501.IS S501 ssavage on LAPJG3WLY3PROD with BILLS 3 •S 501 IS rity countermeasures, or qualified pandemic or epi-1 demic products and stakeholders with an under-2 standing of artificial intelligence technologies, shall 3 prepare and submit to the relevant committees of 4 Congress a strategy for public health preparedness 5 and response and biodefense to address the risks of 6 misuse of artificial intelligence that present a threat 7 to national health security. 8 (2) I NCLUSIONS.—The strategy under para-9 graph (1) shall include— 10 (A) a framework for public health pre-11 paredness and response to mitigate the risks of 12 misuse of artificial intelligence that present a 13 threat to national health security; 14 (B) identifying the duties, functions, and 15 preparedness goals for which the Secretary is 16 responsible in order to prepare for, respond to, 17 and mitigate the risks of such artificial intel-18 ligence threats, including metrics by which to 19 measure success in meeting preparedness and 20 risk mitigation goals; 21 (C) identifying gaps in public health capa-22 bilities to achieve such preparedness and risk 23 mitigation goals; 24 VerDate Sep 11 2014 00:18 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S501.IS S501 ssavage on LAPJG3WLY3PROD with BILLS 4 •S 501 IS (D) strategies to address identified gaps 1 and strengthen public health emergency pre-2 paredness and response capabilities to address 3 such artificial intelligence threats; and 4 (E) strategies to mitigate— 5 (i) the risks posed by the threat of the 6 misuse of artificial intelligence, at a min-7 imum of— 8 (I) the development of biological 9 weapons; and 10 (II) the design of viruses and 11 bacteria that are resistant to treat-12 ment; and 13 (ii) such other risks posed by the 14 threat of the misuse of artificial intel-15 ligence as are determined by the Secretary. 16 (3) P ROTECTION OF NATIONAL SECURITY .— 17 The Secretary shall make the strategy under para-18 graph (1) available to the Committee on Health, 19 Education, Labor, and Pensions of the Senate, the 20 Committee on Energy and Commerce of the House 21 of Representatives, and other congressional commit-22 tees of jurisdiction, in a manner that does not com-23 promise national security. 24 VerDate Sep 11 2014 00:18 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S501.IS S501 ssavage on LAPJG3WLY3PROD with BILLS 5 •S 501 IS (c) COORDINATION OFPREPAREDNESS FOR AND RE-1 SPONSE TO ALL-HAZARDSPUBLICHEALTHEMER-2 GENCIES.—Section 2811(b)(4)(D) of the Public Health 3 Service Act (42 U.S.C. 300hh–10(b)(4)(D)) is amended— 4 (1) by striking ‘‘deployment of the Federal re-5 sponse’’ and inserting the following: ‘‘deployment 6 of— 7 ‘‘(i) the Federal response’’; 8 (2) in clause (i) (as so designated), by striking 9 ‘‘and such Federal responses’’ and inserting the fol-10 lowing: 11 ‘‘(ii) such Federal responses’’; 12 (3) in clause (ii) (as so designated), by striking 13 the period at the end and inserting ‘‘; and’’; and 14 (4) by adding at the end the following: 15 ‘‘(iii) such Federal responses covered 16 by the strategy for public health prepared-17 ness and response to address the risks of 18 misuse of artificial intelligence that present 19 a threat to national health security de-20 scribed in section 2(b) of the Strategy for 21 Public Health Preparedness and Response 22 to Artificial Intelligence Threats.’’. 23 Æ VerDate Sep 11 2014 00:18 Mar 07, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S501.IS S501 ssavage on LAPJG3WLY3PROD with BILLS