[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