[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4178 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 725
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, Mrs. Blackburn, 
    Mr. Wicker, Mr. Lujan, Ms. Sinema, Mr. Rounds, and Mr. Schumer) 
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 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Future of 
Artificial Intelligence Innovation Act of 2024''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Sense of Congress.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS, 
       EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION

   <DELETED>Subtitle A--Artificial Intelligence Safety Institute and 
                                Testbeds

<DELETED>Sec. 101. Artificial Intelligence Safety Institute.
<DELETED>Sec. 102. Program on artificial intelligence testbeds.
<DELETED>Sec. 103. National Institute of Standards and Technology and 
                            Department of Energy testbed to identify, 
                            test, and synthesize new materials.
<DELETED>Sec. 104. National Science Foundation and Department of Energy 
                            collaboration to make scientific 
                            discoveries through the use of artificial 
                            intelligence.
<DELETED>Sec. 105. Progress report.
             <DELETED>Subtitle B--International Cooperation

<DELETED>Sec. 111. International coalition on innovation, development, 
                            and harmonization of standards with respect 
                            to artificial intelligence.
<DELETED>Sec. 112. Requirement to support bilateral and multilateral 
                            artificial intelligence research 
                            collaborations.
   <DELETED>Subtitle C--Identifying Regulatory Barriers to Innovation

<DELETED>Sec. 121. Comptroller General of the United States 
                            identification of risks and obstacles 
                            relating to artificial intelligence and 
                            Federal agencies.
   <DELETED>TITLE II--ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, 
                      CAPACITY BUILDING ACTIVITIES

<DELETED>Sec. 201. Public data for artificial intelligence systems.
<DELETED>Sec. 202. Federal grand challenges in artificial intelligence.

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Artificial intelligence model.--The term 
        ``artificial intelligence model'' means a component of an 
        artificial intelligence system that is a model--</DELETED>
                <DELETED>    (A) derived using mathematical, 
                computational, statistical, or machine-learning 
                techniques; and</DELETED>
                <DELETED>    (B) used as part of an artificial 
                intelligence system to produce outputs from a given set 
                of inputs.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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)).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (15) TEVV.--The term ``TEVV'' means methodologies, 
        metrics, techniques, and tasks for testing, evaluating, 
        verifying, and validating artificial intelligence systems or 
        components.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS, 
  EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION</DELETED>

   <DELETED>Subtitle A--Artificial Intelligence Safety Institute and 
                           Testbeds</DELETED>

<DELETED>SEC. 101. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE.</DELETED>

<DELETED>    (a) Establishment of Institute.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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'').</DELETED>
        <DELETED>    (3) Mission.--The mission of the Institute is as 
        follows:</DELETED>
                <DELETED>    (A) To assist the private sector and 
                agencies in developing voluntary best practices for the 
                robust assessment of artificial intelligence 
                systems.</DELETED>
                <DELETED>    (B) To provide technical assistance for 
                the adoption and use of artificial intelligence across 
                the Federal Government to improve the quality of 
                government services.</DELETED>
                <DELETED>    (C) To develop guidelines, methodologies, 
                and best practices to promote--</DELETED>
                        <DELETED>    (i) development and adoption of 
                        voluntary, consensus-based technical standards 
                        or industry standards;</DELETED>
                        <DELETED>    (ii) long-term advancements in 
                        artificial intelligence technologies; 
                        and</DELETED>
                        <DELETED>    (iii) innovation in the artificial 
                        intelligence industry by ensuring that 
                        companies of all sizes can succeed and 
                        thrive.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Staff and Authorities.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Expansion of authority to hire critical 
        technical experts.--Such subsection is amended, in the second 
        sentence, by striking ``15'' and inserting ``30''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Consultation and Coordination.--In establishing the 
Institute, the Under Secretary shall--</DELETED>
        <DELETED>    (1) coordinate with--</DELETED>
                <DELETED>    (A) the Secretary of Energy;</DELETED>
                <DELETED>    (B) the Secretary of Homeland 
                Security;</DELETED>
                <DELETED>    (C) the Secretary of Defense;</DELETED>
                <DELETED>    (D) the Director of the National Science 
                Foundation; and</DELETED>
                <DELETED>    (E) the Director of the Office of Science 
                and Technology Policy; and</DELETED>
        <DELETED>    (2) consult with the heads of such other Federal 
        agencies as the Under Secretary considers 
        appropriate.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (1) Research, evaluation, testing, and 
        standards.--The following functions relating to research, 
        evaluation, testing, and standards:</DELETED>
                <DELETED>    (A) Conducting measurement research into 
                system and model safety, validity and reliability, 
                security, capabilities and limitations, explainability, 
                interpretability, and privacy.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (D) Building upon the Artificial 
                Intelligence Risk Management Framework to incorporate 
                guidelines on generative artificial intelligence 
                systems.</DELETED>
                <DELETED>    (E) Developing a companion resource to the 
                Secure Software Development Framework to incorporate 
                secure development practices for generative artificial 
                intelligence and for foundation models.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (G) Coordinating or developing guidelines, 
                metrics, benchmarks, and methodologies for evaluating 
                artificial intelligence systems, including the 
                following:</DELETED>
                        <DELETED>    (i) Cataloging existing artificial 
                        intelligence metrics, benchmarks, and 
                        evaluation methodologies used in industry and 
                        academia.</DELETED>
                        <DELETED>    (ii) Testing and validating the 
                        efficacy of existing metrics, benchmarks, and 
                        evaluations, as well as TEVV tools and 
                        products.</DELETED>
                        <DELETED>    (iii) Funding and facilitating 
                        research and other activities in a transparent 
                        manner, including at institutions of higher 
                        educat