[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 3312 Reported in Senate (RS)] <DOC> Calendar No. 723 118th CONGRESS 2d Session S. 3312 To provide a framework for artificial intelligence innovation and accountability, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES November 15, 2023 Mr. Thune (for himself, Ms. Klobuchar, Mr. Wicker, Mr. Hickenlooper, Mr. Lujan, Mrs. Capito, Ms. Baldwin, and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation December 18 (legislative day, December 16), 2024 Reported by Ms. Cantwell, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] _______________________________________________________________________ A BILL To provide a framework for artificial intelligence innovation and accountability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Artificial Intelligence Research, Innovation, and Accountability Act of 2023''.</DELETED> <DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED> <DELETED> The table of contents for this Act is as follows:</DELETED> <DELETED>Sec. 1. Short title. <DELETED>Sec. 2. Table of contents. <DELETED>TITLE I--ARTIFICIAL INTELLIGENCE RESEARCH AND INNOVATION <DELETED>Sec. 101. Open data policy amendments. <DELETED>Sec. 102. Online content authenticity and provenance standards research and development. <DELETED>Sec. 103. Standards for detection of emergent and anomalous behavior and AI-generated media. <DELETED>Sec. 104. Comptroller General study on barriers and best practices to usage of AI in government. <DELETED>TITLE II--ARTIFICIAL INTELLIGENCE ACCOUNTABILITY <DELETED>Sec. 201. Definitions. <DELETED>Sec. 202. Generative artificial intelligence transparency. <DELETED>Sec. 203. Transparency reports for high-impact artificial intelligence systems. <DELETED>Sec. 204. Recommendations to Federal agencies for risk management of high-impact artificial intelligence systems. <DELETED>Sec. 205. Office of Management and Budget oversight of recommendations to agencies. <DELETED>Sec. 206. Risk management assessment for critical-impact artificial intelligence systems. <DELETED>Sec. 207. Certification of critical-impact artificial intelligence systems. <DELETED>Sec. 208. Enforcement. <DELETED>Sec. 209. Artificial intelligence consumer education. <DELETED>TITLE I--ARTIFICIAL INTELLIGENCE RESEARCH AND INNOVATION</DELETED> <DELETED>SEC. 101. OPEN DATA POLICY AMENDMENTS.</DELETED> <DELETED> Section 3502 of title 44, United States Code, is amended-- </DELETED> <DELETED> (1) in paragraph (22)--</DELETED> <DELETED> (A) by inserting ``or data model'' after ``a data asset''; and</DELETED> <DELETED> (B) by striking ``and'' at the end;</DELETED> <DELETED> (2) in paragraph (23), by striking the period at the end and inserting a semicolon; and</DELETED> <DELETED> (3) by adding at the end the following:</DELETED> <DELETED> ``(24) the term `data model' means a mathematical, economic, or statistical representation of a system or process used to assist in making calculations and predictions, including through the use of algorithms, computer programs, or artificial intelligence systems; and</DELETED> <DELETED> ``(25) the term `artificial intelligence system' means an engineered system that--</DELETED> <DELETED> ``(A) generates outputs, such as content, predictions, recommendations, or decisions for a given set of objectives; and</DELETED> <DELETED> ``(B) is designed to operate with varying levels of adaptability and autonomy using machine and human-based inputs.''.</DELETED> <DELETED>SEC. 102. ONLINE CONTENT AUTHENTICITY AND PROVENANCE STANDARDS RESEARCH AND DEVELOPMENT.</DELETED> <DELETED> (a) Research.--</DELETED> <DELETED> (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Commerce for Standards and Technology shall carry out research to facilitate the development and standardization of means to provide authenticity and provenance information for content generated by human authors and artificial intelligence systems.</DELETED> <DELETED> (2) Elements.--The research carried out pursuant to paragraph (1) shall cover the following:</DELETED> <DELETED> (A) Secure and binding methods for human authors of content to append statements of provenance through the use of unique credentials, watermarking, or other data or metadata-based approaches.</DELETED> <DELETED> (B) Methods for the verification of statements of content provenance to ensure authenticity such as watermarking or classifiers, which are trained models that distinguish artificial intelligence- generated media.</DELETED> <DELETED> (C) Methods for displaying clear and conspicuous statements of content provenance to the end user.</DELETED> <DELETED> (D) Technologies or applications needed to facilitate the creation and verification of content provenance information.</DELETED> <DELETED> (E) Mechanisms to ensure that any technologies and methods developed under this section are minimally burdensome on content producers.</DELETED> <DELETED> (F) Such other related processes, technologies, or applications as the Under Secretary considers appropriate.</DELETED> <DELETED> (G) Use of provenance technology to enable attribution for content creators.</DELETED> <DELETED> (3) Implementation.--The Under Secretary shall carry out the research required by paragraph (1) as part of the research directives pursuant to section 22A(b)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278h-1(b)(1)).</DELETED> <DELETED> (b) Development of Standards.--</DELETED> <DELETED> (1) In general.--For methodologies and applications related to content provenance and authenticity deemed by the Under Secretary to be at a readiness level sufficient for standardization, the Under Secretary shall provide technical review and assistance to such other Federal agencies and nongovernmental standards organizations as the Under Secretary considers appropriate.</DELETED> <DELETED> (2) Considerations.--In providing any technical review and assistance related to the development of content provenance and authenticity standards under this subsection, the Under Secretary may--</DELETED> <DELETED> (A) consider whether a proposed standard is reasonable, practicable, and appropriate for the particular type of media and media environment for which the standard is proposed;</DELETED> <DELETED> (B) consult with relevant stakeholders; and</DELETED> <DELETED> (C) review industry standards issued by nongovernmental standards organizations.</DELETED> <DELETED> (c) Pilot Program.--</DELETED> <DELETED> (1) In general.--The Under Secretary shall carry out a pilot program to assess the feasibility and advisability of using available technologies and creating open standards to facilitate the creation and verification of content governance information for digital content.</DELETED> <DELETED> (2) Locations.--The pilot program required by paragraph (1) shall be carried out at not more than 2 Federal agencies the Under Secretary shall select for purposes of the pilot program required by paragraph (1).</DELETED> <DELETED> (3) Requirements.--In carrying out the pilot program required by paragraph (1), the Under Secretary shall-- </DELETED> <DELETED> (A) apply and evaluate methods for authenticating the origin of and modifications to government-produced digital content using technology and open standards described in paragraph (1); and</DELETED> <DELETED> (B) make available to the public digital content embedded with provenance or other authentication provided by the heads of the Federal agencies selected pursuant to paragraph (2) for the purposes of the pilot program.</DELETED> <DELETED> (4) Briefing required.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until the date described in paragraph (5), the Under Secretary shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives on the findings of the Under Secretary with respect to the pilot program carried out under this subsection.</DELETED> <DELETED> (5) Termination.--The pilot program shall terminate on the date that is 10 years after the date of the enactment of this Act.</DELETED> <DELETED> (d) Report to Congress.--Not later than 1 year after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report outlining the progress of standardization initiatives relating to requirements under this section, as well as recommendations for legislative or administrative action to encourage or require the widespread adoption of such initiatives in the United States.</DELETED> <DELETED>SEC. 103. STANDARDS FOR DETECTION OF EMERGENT AND ANOMALOUS BEHAVIOR AND AI-GENERATED MEDIA.</DELETED> <DELETED> Section 22A(b)(1) of the National Institute of Standards and Technology Act (15 U.S.C. 278h-1(b)(1)) is amended--</DELETED> <DELETED> (1) by redesignating subparagraph (I) as subparagraph (K);</DELETED> <DELETED> (2) in subparagraph (H), by striking ``; and'' and inserting a semicolon; and</DELETED> <DELETED> (3) by inserting after subparagraph (H) the following:</DELETED> <DELETED> ``(I) best practices for detecting outputs generated by artificial intelligence systems, including content such as text, audio, images, and videos;</DELETED> <DELETED> ``(J) methods to detect and understand anomalous behavior of artificial intelligence systems and safeguards to mitigate potentially adversarial or compromising anomalous behavior; and''.</DELETED> <DELETED>SEC. 104. COMPTROLLER GENERAL STUDY ON BARRIERS AND BEST PRACTICES TO USAGE OF AI IN GOVERNMENT.</DELETED> <DELETED> (a) In General.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall--</DELETED> <DELETED> (1) conduct a review of statutory, regulatory, and other policy barriers to the use of artificial intelligence systems to improve the functionality of the Federal Government; and</DELETED> <DELETED> (2) identify best practices for the adoption and use of artificial intelligence systems by the Federal Government, including--</DELETED> <DELETED> (A) ensuring that an artificial intelligence system is proportional to the need of the Federal Government;</DELETED> <DELETED> (B) restrictions on access to and use of an artificial intelligence system based on the capabilities and risks of the artificial intelligence system; and</DELETED> <DELETED> (C) safety measures that ensure that an artificial intelligence system is appropriately limited to necessary data and compartmentalized from other assets of the Federal Government.</DELETED> <DELETED> (b) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that--</DELETED> <DELETED> (1) summarizes the results of the review conducted under subsection (a)(1) and the best practices identified under subsection (a)(2), including recommendations, as the Comptroller General of the United States considers appropriate;</DELETED> <DELETED> (2) describes any laws, regulations, guidance documents, or other policies that may prevent the adoption of artificial intelligence systems by the Federal Government to improve certain functions of the Federal Government, including--</DELETED> <DELETED> (A) data analysis and processing;</DELETED> <DELETED> (B) paperwork reduction;</DELETED> <DELETED> (C) contracting and procurement practices; and</DELETED> <DELETED> (D) other Federal Government services; and</DELETED> <DELETED> (3) includes, as the Comptroller General of the United States considers appropriate, recommendations to modify or eliminate barriers to the use of artificial intelligence systems by the Federal Government.</DELETED> <DELETED>TITLE II--ARTIFICIAL INTELLIGENCE ACCOUNTABILITY</DELETED> <DELETED>SEC. 201. DEFINITIONS.</DELETED> <DELETED> In this title:</DELETED> <DELETED> (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means--</DELETED> <DELETED> (A) the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate;</DELETED> <DELETED> (B) the Committee on Energy and Commerce of the House of Representatives; and</DELETED> <DELETED> (C) each congressional committee with jurisdiction over an applicable covered agency.</DELETED> <DELETED> (2) Artificial intelligence system.--The term ``artificial intelligence system'' means an engineered system that--</DELETED> <DELETED> (A) generates outputs, such as content, predictions, recommendations, or decisions for a given set of human-defined objectives; and</DELETED> <DELETED> (B) is designed to operate with varying levels of adaptability and autonomy using machine and human-based inputs.</DELETED> <DELETED> (3) Covered agency.--the term ``covered agency'' means an agency for which the Under Secretary develops an NIST recommendation.</DELETED> <DELETED> (4) Covered internet platform.--</DELETED> <DELETED> (A) In general.--The term ``covered internet platform''--</DELETED> <DELETED> (i) means any public-facing website, consumer-facing internet application, or mobile application available to consumers in the United States; and</DELETED> <DELETED> (ii) includes a social network site, video sharing service, search engine, and content aggregation service.</DELETED> <DELETED> (B) Exclusions.--The term ``covered internet platform'' does not include a platform that-- </DELETED> <DELETED> (i) is wholly owned, controlled, and operated by a person that--</DELETED> <DELETED> (I) during the most recent 180-day period, did not employ more than 500 employees;</DELETED> <DELETED> (II) during the most recent 3-year period, averaged less than $50,000,000 in annual gross receipts; and</DELETED> <DELETED> (III) on an annual basis, collects or processes the personal data of less than 1,000,000 individuals; or</DELETED> <DELETED> (ii) is operated for the sole purpose of conducting research that is not directly or indirectly made for profit.</DELETED> <DE