S.4862, A bill to ensure that new advances in artificial intelligence are ethically adopted to improve the health of all individuals, and for other purposes.

Amends the Public Health Service Act to require NIH to develop AI resources and datasets for health research, and to provide education for ethical AI use. Requires hospitals to request patients' consent for EHR data sharing. Allocates $660 million for AI initiatives.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Compromise of privacy

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of AI risk domains, with limited focus on privacy (2.1) through consent requirements for health data sharing. Most risk subdomains are not addressed as this is primarily a resource allocation and infrastructure development bill rather than a comprehensive risk mitigation framework.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Scientific Research & Development Services
  • Health Care & Social Assistance
  • Public Administration (excl. National Security)

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Information
  • Educational Services

All other sectors had no coverage in this document.

Sectors Summary

This bill primarily governs the Health Care and Social Assistance sector through requirements for NIH, hospitals, and health information technology systems. It also has implications for the Scientific Research and Development Services sector through establishment of AI research infrastructure and the Information sector through health data interoperability standards.

Legislative Status

Hard Law

Legislative Status Summary

This is a Congressional bill that would amend the Public Health Service Act and Social Security Act with binding legal obligations, mandatory requirements for hospitals, and specific appropriations of federal funds totaling $660 million.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress
  • Summary: This is a Congressional bill (S.4862) proposed by the United States Congress to amend existing federal health laws.

Target

  • Entity Types: AI_Governance_Actor, AI_Deployer
  • Entities: National Institutes of Health (NIH); Office of the National Coordinator for Health Information Technology; National Library of Medicine; Hospitals participating in Medicare
  • Summary: The bill targets federal health agencies (NIH, ONC, NLM) with mandatory duties to develop AI resources and infrastructure, and hospitals with requirements to obtain patient consent for EHR data sharing for research purposes.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Centers for Medicare & Medicaid Services (CMS); Department of Health and Human Services
  • Summary: Enforcement is implicit through Medicare provider agreement requirements under Section 1866(a)(1) of the Social Security Act, which CMS administers. Hospitals must comply to maintain Medicare participation.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: National Institutes of Health; Office of the National Coordinator for Health Information Technology; Interagency Committee established under section 5103 of the William M. (Mac) Thornberry National Defense Authorization Act
  • Summary: The NIH and ONC are tasked with developing and maintaining resources, establishing standards, and providing ongoing support, which implies monitoring responsibilities. The Interagency Committee is mentioned in relation to oversight of the National Artificial Intelligence Research Resource.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Collect and Process Data
  • Build and Use Model
  • Verify and Validate
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the 'Collect and Process Data' and 'Build and Use Model' stages by establishing infrastructure for AI health research datasets and computational resources. It also covers 'Operate and Monitor' through requirements for ongoing support and federated data access. The focus is on enabling AI research infrastructure rather than comprehensive lifecycle governance.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document explicitly mentions 'artificial intelligence' throughout but does not define specific AI technical categories such as AI models vs. systems, frontier AI, general purpose AI, foundation models, or compute thresholds. The focus is on AI approaches for health research broadly without technical specifications.

https://www.congress.gov/bill/118th-congress/senate-bill/4862/text
https://agora.eto.tech/instrument/1249
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Document data from AGORA, CSET Emerging Technology Observatory.