Certifications and audits of temporary fellows

(a) Definitions In this section: (1) Agency The term agency has the meaning given such term in section 3502 of title 44, United States Code. (2) Committees of Jurisdiction The term committees of jurisdiction means— (A) the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Energy and Commerce and the Committee on Science, Space, and Technology of the House of Representatives. (3) Critical and emerging technologies The term critical and emerging technologies means a subset of artificial intelligence and other critical and emerging technologies included in the list of such technologies identified and maintained by the National Science and Technology Council of the Office of Science and Technology Policy. (4) Inherently governmental function The term inherently governmental function has the meaning given such term in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note) and includes the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation, or successor regulation. (5) Temporary fellow The term temporary fellow, with respect to an agency, means a fellow, contractor, consultant, or any other person performing work for the agency who is not a Federal Government employee. (b) Certification (1) In general Prior to performing any work for an agency under this Act relating to artificial intelligence and other critical and emerging technologies, a temporary fellow and the head of the agency shall sign a certification that the temporary fellow will not perform any inherently governmental functions. (2) Submittal Not later than 30 days after the date on which the head of an agency signs a certification under paragraph (1), the head of the agency shall submit a copy of the certification to the Director of the Office of Management and Budget and the chairpersons and ranking members of the committees of jurisdiction. (c) Audit (1) In general For each agency using a temporary fellow to carry out this Act, the inspector general of the agency shall perform an annual audit of the use of temporary fellows by the agency, which includes— (A) the number of temporary fellows used by the agency; (B) the entities paying any temporary fellow for their work for the agency; (C) the work temporary fellows are performing for the agency; (D) the authorities under which the agency hired the temporary fellows; and (E) whether the temporary fellows and the agency are complying with the requirements of section (b). (2) Submittal to Congress Not later than 30 days after the date on which the inspector general of an agency completes an audit under paragraph (1), the head of the agency shall submit to the chairpersons and ranking members of the committees of jurisdiction and the Director of the Office of Management and Budget a report containing the findings of inspector general with respect to the audit.