Sectoral AI Governance Act of 2026
- Bill Number
- H.R. 9125
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2026-06-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-26T08:07:54Z
AI-Generated Summary
Purpose The legislation, titled the Sectoral AI Governance Act of 2026, authorizes the heads of federal agencies to issue rules regulating the use of algorithmic decision-making systems when such uses are likely to materially contribute to violations of federal laws that the agency already enforces. It aims to clarify agency authority, promote consistent approaches across agencies, and enhance transparency through consultation, guidance, and reporting.
Key Provisions
- Rulemaking Authority: Agency heads may promulgate rules under the Administrative Procedure Act (5 U.S.C. § 553) to regulate algorithmic decision-making systems if evidence shows the systems are likely to materially contribute to violations of enforceable federal laws, with the goal of mitigating those violations. Violations of these rules are treated as violations of the underlying federal law for enforcement purposes.
- Advanced Notice Requirement: Agencies must generally publish an advanced notice of proposed rulemaking at least 60 days before a notice of proposed rulemaking, soliciting public input on the systems, implicated laws, and evidence sought, with exceptions for prior records.
- Consultation and Coordination: Agencies must consult with the Office of Information and Regulatory Affairs on potential overlaps or conflicts with other agencies' rules, and with the Office of Science and Technology Policy and National Institute of Standards and Technology on technical aspects. Coordination is required to avoid conflicting requirements.
- Mitigation of Service Disruptions: Rules must consider impacts on government services or public benefits and seek to avoid unnecessary adverse effects on delivery, accessibility, or continuity.
- Guidance and Review: The Office of Management and Budget, through the Office of Information and Regulatory Affairs, issues guidance for consistency. Agencies must periodically review rules (at least every 5 years) and repeal or amend those no longer appropriate.
- Reporting: Agencies engaging in rulemaking or identifying relevant systems must submit biennial public reports to Congress and relevant offices detailing rulemakings, enforcement actions, challenges, and technical assessments.
- Definitions: The bill defines key terms, including "algorithmic decision-making system" (computational processes that influence decisions, excluding passive infrastructure), "materially contribute" (significant role in enabling violations, beyond minimal support), and "authority to enforce."
- Non-Preemption: The Act does not preempt state regulation of such systems unless in direct conflict with the Act or its rules.
Significant Changes to Existing Law This Act introduces explicit prospective rulemaking authority for agencies to address algorithmic decision-making systems under their existing enforcement mandates, addressing prior uncertainty about the application of those mandates. It establishes new procedural requirements (e.g., advanced notices and interagency consultations) and mandates periodic reviews and reporting not previously required for this purpose. It does not alter the underlying federal laws but treats rule violations equivalently for enforcement.
Potential Impacts
- Government Agencies: Increases workload through new rulemaking, consultations, technical assessments, and biennial reporting; may require additional staffing and resources. Promotes interagency coordination but could create administrative burdens.
- Citizens and Businesses: May lead to new restrictions on AI uses in sectors regulated by federal agencies, potentially reducing risks of legal violations while affecting innovation, service delivery, or access to benefits.
- International Relations: No direct provisions address international matters, though rules could indirectly influence global AI practices involving U.S. entities.
Main Stakeholders Affected
- Federal agencies with enforcement authority.
- Developers, deployers, and users of algorithmic decision-making systems.
- Recipients of government services or benefits that involve such systems.
- Congress, the Office of Management and Budget, Office of Science and Technology Policy, and National Institute of Standards and Technology.
- The public, through comment opportunities and public reports.
Notable Legal, Constitutional, or Political Implications The Act expands administrative rulemaking within existing statutory authorities without creating new enforcement powers, relying on agencies' current ability to issue sanctions or seek court remedies. It emphasizes procedural safeguards like public comment and interagency review to promote accountability. The non-preemption clause preserves state authority except in cases of conflict, potentially leading to varied regulatory landscapes. Periodic reviews and reporting requirements aim to ensure rules remain relevant amid technological change, while the focus on evidence-based determinations supports consistency with administrative law principles.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Foushee, Valerie P. [D-NC-4], Rep. Lieu, Ted [D-CA-36]
Recent Actions
- 2026-06-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-06-03: Referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2026-06-03: Introduced in House
- 2026-06-03: Introduced in House
Bill Versions
- Sectoral AI Governance Act of 2026 — issued 2026-06-03 — PDF (13 pages)