[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4178 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4178
To establish artificial intelligence standards, metrics, and evaluation
tools, to support artificial intelligence research, development, and
capacity building activities, to promote innovation in the artificial
intelligence industry by ensuring companies of all sizes can succeed
and thrive, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Ms. Cantwell (for herself, Mr. Young, Mr. Hickenlooper, and Mrs.
Blackburn) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish artificial intelligence standards, metrics, and evaluation
tools, to support artificial intelligence research, development, and
capacity building activities, to promote innovation in the artificial
intelligence industry by ensuring companies of all sizes can succeed
and thrive, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Future of
Artificial Intelligence Innovation Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS,
EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION
Subtitle A--Artificial Intelligence Safety Institute and Testbeds
Sec. 101. Artificial Intelligence Safety Institute.
Sec. 102. Program on artificial intelligence testbeds.
Sec. 103. National Institute of Standards and Technology and Department
of Energy testbed to identify, test, and
synthesize new materials.
Sec. 104. National Science Foundation and Department of Energy
collaboration to make scientific
discoveries through the use of artificial
intelligence.
Sec. 105. Progress report.
Subtitle B--International Cooperation
Sec. 111. International coalition on innovation, development, and
harmonization of standards with respect to
artificial intelligence.
Sec. 112. Requirement to support bilateral and multilateral artificial
intelligence research collaborations.
Subtitle C--Identifying Regulatory Barriers to Innovation
Sec. 121. Comptroller General of the United States identification of
risks and obstacles relating to artificial
intelligence and Federal agencies.
TITLE II--ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, CAPACITY
BUILDING ACTIVITIES
Sec. 201. Public data for artificial intelligence systems.
Sec. 202. Federal grand challenges in artificial intelligence.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that policies governing artificial
intelligence should maximize the potential and development of
artificial intelligence to benefit all private and public stakeholders.
SEC. 3. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given such
term in section 3502 of title 44, United States Code, except
such term shall include an independent regulatory agency, as
defined in such section.
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given such term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(3) Artificial intelligence blue-teaming.--The term
``artificial intelligence blue-teaming'' means an effort to
conduct operational network vulnerability evaluations and
provide mitigation techniques to entities who have a need for
an independent technical review of the network security posture
of an artificial intelligence system.
(4) Artificial intelligence model.--The term ``artificial
intelligence model'' means a component of an artificial
intelligence system that is a model--
(A) derived using mathematical, computational,
statistical, or machine-learning techniques; and
(B) used as part of an artificial intelligence
system to produce outputs from a given set of inputs.
(5) Artificial intelligence red-teaming.--The term
``artificial intelligence red-teaming'' means structured
adversarial testing efforts of an artificial intelligence
system to identify risks, flaws, and vulnerabilities of the
artificial intelligence system, such as harmful outputs from
the system, unforeseen or undesirable system behaviors,
limitations, or potential risks associated with the misuse of
the system.
(6) Artificial intelligence risk management framework.--The
term ``Artificial Intelligence Risk Management Framework''
means the most recently updated version of the framework
developed and updated pursuant to section 22A(c) of the
National Institute of Standards and Technology Act (15 U.S.C.
278h-1(c)).
(7) Artificial intelligence system.--The term ``artificial
intelligence system'' has the meaning given such term in
section 7223 of the Advancing American AI Act (40 U.S.C. 11301
note).
(8) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(9) Federal laboratory.--The term ``Federal laboratory''
has the meaning given such term in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).
(10) Foundation model.--The term ``foundation model'' means
an artificial intelligence model trained on broad data at scale
and is adaptable to a wide range of downstream tasks.
(11) Generative artificial intelligence.--The term
``generative artificial intelligence'' means the class of
artificial intelligence models that utilize the structure and
characteristics of input data in order to generate outputs in
the form of derived synthetic content. Such derived synthetic
content can include images, videos, audio, text, software,
code, and other digital content.
(12) National laboratory.--The term ``National Laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(13) Synthetic content.--The term ``synthetic content''
means information, such as images, videos, audio clips, and
text, that has been significantly modified or generated by
algorithms, including by artificial intelligence.
(14) Testbed.--The term ``testbed'' means a facility or
mechanism equipped for conducting rigorous, transparent, and
replicable testing of tools and technologies, including
artificial intelligence systems, to help evaluate the
functionality, trustworthiness, usability, and performance of
those tools or technologies.
(15) TEVV.--The term ``TEVV'' means methodologies, metrics,
techniques, and tasks for testing, evaluating, verifying, and
validating artificial intelligence systems or components.
(16) Watermarking.--The term ``watermarking'' means the act
of embedding information that is intended to be difficult to
remove, into outputs generated by artificial intelligence,
including outputs such as text, images, audio, videos, software
code, or any other digital content or data, for the purposes of
verifying the authenticity of the output or the identity or
characteristics of its provenance, modifications, or
conveyance.
TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS,
EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION
Subtitle A--Artificial Intelligence Safety Institute and Testbeds
SEC. 101. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE.
(a) Establishment of Institute.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Under Secretary of Commerce for
Standards and Technology (in this section referred to as the
``Under Secretary'') shall establish an institute on artificial
intelligence.
(2) Designation.--The institute established pursuant to
paragraph (1) shall be known as the ``Artificial Intelligence
Safety Institute'' (in this section referred to as the
``Institute'').
(3) Mission.--The mission of the Institute is as follows:
(A) To assist the private sector and agencies in
developing voluntary best practices for the robust
assessment of artificial intelligence systems.
(B) To provide technical assistance for the
adoption and use of artificial intelligence across the
Federal Government to improve the quality of government
services.
(C) To develop guidelines, methodologies, and best
practices to promote--
(i) development and adoption of voluntary,
consensus-based technical standards or industry
standards;
(ii) long-term advancements in artificial
intelligence technologies; and
(iii) innovation in the artificial
intelligence industry by ensuring that
companies of all sizes can succeed and thrive.
(b) Director.--The Under Secretary shall appoint a director of the
Institute, who shall be known as the ``Director of the Artificial
Intelligence Safety Institute'' (in this section referred to as the
``Director'') and report directly to the Under Secretary.
(c) Staff and Authorities.--
(1) Staff.--The Director may hire such full-time employees
as the Director considers appropriate to assist the Director in
carrying out the functions of the Institute.
(2) Use of authority to hire critical technical experts.--
In addition to making appointments under paragraph (1) of this
subsection, the Director, in coordination with the Secretary of
Commerce, may make appointments of scientific, engineering, and
professional personnel, and fix their basic pay, under
subsection (b) of section 6 of the National Institute of
Standards and Technology Act (15 U.S.C. 275) to hire critical
technical experts.
(3) Expansion of authority to hire critical technical
experts.--Such subsection is amended, in the second sentence,
by striking ``15'' and inserting ``30''.
(4) Modification of sunset.--Subsection (c) of such section
is amended by striking ``the date that is 5 years after the
date of the enactment of this section'' and inserting
``December 30, 2035''.
(5) Agreements.--The Director may enter into such
agreements, including contracts, grants, cooperative
agreements, and other transactions, as the Director considers
necessary to carry out the functions of the Institute and on
such terms as the Under Secretary considers appropriate.
(d) Consultation and Coordination.--In establishing the Institute,
the Under Secretary shall--
(1) coordinate with--
(A) the Secretary of Energy;
(B) the Secretary of Homeland Security;
(C) the Secretary of Defense;
(D) the Director of the National Science
Foundation; and
(E) the Director of the Office of Science and
Technology Policy; and
(2) consult with the heads of such other Federal agencies
as the Under Secretary considers appropriate.
(e) Functions.--The functions of the Institute, which the Institute
shall carry out in coordination with the laboratories of the National
Institute of Standards and Technology, are as follows:
(1) Research, evaluation, testing, and standards.--The
following functions relating to research, evaluation, testing,
and standards:
(A) Conducting measurement research into system and
model safety, validity and reliability, security,
capabilities and limitations, explainability,
interpretability, and privacy.
(B) Working with the Department of Energy, the
National Science Foundation, public-private
partnerships, including the Artificial Intelligence
Safety Institute Consortium established under
subsection (f), and other private sector organizations
to develop testing environments and perform regular
benchmarking and capability evaluations, including
artificial intelligence red-teaming as the Director
considers appropriate.
(C) Working with consensus-based, open, and
transparent standards development organizations (SDOs)
and relevant industry, Federal laboratories, civil
society, and academic institutions to advance
development and adoption of clear, implementable,
technically sound, and technology-neutral voluntary
standards and guidelines that incorporate appropriate
variations in approach depending on the size of the
entity, the potential risks and potential benefits of
the artificial intelligence system, and the role of the
entity (such as developer, deployer, or user) relating
to artificial intelligence systems.
(D) Building upon the Artificial Intelligence Risk
Management Framework to incorporate guidelines on
generative artificial intelligence systems.
(E) Developing a companion resource to the Secure
Software Development Framework to incorporate secure
development practices for generative artificial
intelligence and for foundation models.
(F) Developing and publishing cybersecurity tools,
methodologies, best practices, voluntary guidelines,
and other supporting information to assist persons who
maintain systems used to create or train artificial
intelligence models to discover and mitigate
vulnerabilities and attacks.
(G) Coordinating or developing guidelines, metrics,
benchmarks, and methodologies for evaluating artificial
intelligence systems, including the following:
(i) Cataloging existing artificial
intelligence metrics, benchmarks, and
evaluation methodologies used in industry and
academia.
(ii) Testing and validating the efficacy of
existing metrics, benchmarks, and evaluations,
as well as TEVV tools and products.
(iii) Funding and facilitating research and
other activities in a transparent manner,
including at institutions of higher education
and other nonprofit and private sector
partners, to evaluate, develop, or improve TEVV
capabilities, with rigorous scientific merit,
for artificial intelligence systems.
(iv) Evaluating foundation models for their
potential effect in downstream systems, such as
when retrained or fine-tuned.
(H) Coordinating with counterpart institutions of
international partners and allies to promote global
interoperability in the development of research,
evaluation, testing, and standards relating to
artificial intelligence.
(I) Developing tools, methodologies, best
practices, and voluntary guidelines for identifying
vulnerabilities in foundation models.
(J) Developing tools, methodologies, best
practices, and voluntary guidelines for relevant
agencies to track incidents resulting in harm caused by
artificial intelligence systems.
(2) Implementation.--The following functions relating to
implementation:
(A) Using publicly available and voluntarily
provided information, conducting evaluations to assess
the impacts of artificial intelligence systems, and
developing guidelines and practices for safe
development, deployment, and use of artificial
intelligence technology.
(B) Aligning capability evaluation and red-teaming
guidelines and benchmarks, sharing best practices, and
coordinating on building testbeds and test environments
with allies of the United States and international
partners and allies.
(C) Coordinating vulnerability and incident data
sharing with international partners and allies.
(D) Integrating appropriate testing capabilities
and infrastructure for testing of models and systems.
(E) Establishing blue-teaming capabilities to
develop mitigation approaches and partner with industry
to address risks and negative impacts.
(F) Developing voluntary guidelines on--
(i) detecting synthetic content,
authenticating content and tracking of the
provenance of content, labeling original and
synthetic content, such as by watermarking, and
evaluating software and systems relating to
detection and labeling of synthetic content;
(ii) ensuring artificial i