[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
education and other nonprofit and private
sector partners, to evaluate, develop, or
improve TEVV capabilities, with rigorous
scientific merit, for artificial intelligence
systems.</DELETED>
<DELETED> (iv) Evaluating foundation models
for their potential effect in downstream
systems, such as when retrained or fine-
tuned.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (I) Developing tools, methodologies, best
practices, and voluntary guidelines for identifying
vulnerabilities in foundation models.</DELETED>
<DELETED> (J) Developing tools, methodologies, best
practices, and voluntary guidelines for relevant
agencies to track incidents resulting in harm caused by
artificial intelligence systems.</DELETED>
<DELETED> (2) Implementation.--The following functions
relating to implementation:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Coordinating vulnerability and
incident data sharing with international partners and
allies.</DELETED>
<DELETED> (D) Integrating appropriate testing
capabilities and infrastructure for testing of models
and systems.</DELETED>
<DELETED> (E) Establishing blue-teaming capabilities
to develop mitigation approaches and partner with
industry to address risks and negative
impacts.</DELETED>
<DELETED> (F) Developing voluntary guidelines on--
</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) ensuring artificial
intelligence systems do not violate privacy
rights or other rights; and</DELETED>
<DELETED> (iii) transparency documentation
of artificial intelligence datasets and
artificial intelligence models.</DELETED>
<DELETED> (G) Coordinating with relevant agencies to
develop or support, as the heads of the agencies
determine appropriate, sector- and application-specific
profiles of the Artificial Intelligence Risk Management
Framework for different use cases, integrating end-user
experience and on-going development work into a
continuously evolving toolkit.</DELETED>
<DELETED> (3) Operations and engagement.--The following
functions relating to operations and engagement:</DELETED>
<DELETED> (A) Managing the work of the Institute,
developing internal processes, and ensuring that the
Institute meets applicable goals and targets.</DELETED>
<DELETED> (B) Engaging with the private sector to
promote innovation and competitiveness.</DELETED>
<DELETED> (C) Engaging with international standards
organizations, multilateral organizations, and similar
institutes among allies and partners.</DELETED>
<DELETED> (f) Artificial Intelligence Safety Institute Consortium.--
</DELETED>
<DELETED> (1) Establishment.--</DELETED>
<DELETED> (A) In general.--Not later than 180 days
after the date of the enactment of this Act, the Under
Secretary shall establish a consortium of stakeholders
from academic or research communities, Federal
laboratories, private industry, including companies of
all sizes with different roles in the use of artificial
intelligence systems, including developers, deployers,
and users, and civil society with expertise in matters
relating to artificial intelligence to support the
Institute in carrying out the functions set forth under
subsection (e).</DELETED>
<DELETED> (B) Designation.--The consortium
established pursuant to subparagraph (A) shall be known
as the ``Artificial Intelligence Safety Institute
Consortium''.</DELETED>
<DELETED> (2) Consultation.--The Under Secretary, acting
through the Director, shall consult with the consortium
established under this subsection not less frequently than
quarterly.</DELETED>
<DELETED> (3) Report to congress.--Not later than 2 years
after the date of the enactment of this Act, the Director of
the National Institute of Standards and Technology 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 summarizing the
contributions of the members of the consortium established
under this subsection in support the efforts of the
Institute.</DELETED>
<DELETED> (g) Artificial Intelligence System Testing.--In carrying
out the Institute functions required by subsection (a), the Under
Secretary shall support and contribute to the development of voluntary,
consensus-based technical standards for testing artificial intelligence
system components, including, as the Under Secretary considers
appropriate, the following:</DELETED>
<DELETED> (1) Physical infrastructure for training or
developing artificial intelligence models and systems,
including cloud infrastructure.</DELETED>
<DELETED> (2) Physical infrastructure for operating
artificial intelligence systems, including cloud
infrastructure.</DELETED>
<DELETED> (3) Data for training artificial intelligence
models.</DELETED>
<DELETED> (4) Data for evaluating the functionality and
trustworthiness of trained artificial intelligence models and
systems.</DELETED>
<DELETED> (5) Trained or partially trained artificial
intelligence models and any resulting software systems or
products.</DELETED>
<DELETED> (h) Gifts.--</DELETED>
<DELETED> (1) Authority.--The Director may seek, accept,
hold, administer, and use gifts from public and private sources
whenever the Director determines it would be in the interest of
the United States to do so.</DELETED>
<DELETED> (2) Regulations.--The Director, in consultation
with the Director of the Office of Government Ethics, shall
ensure that authority under this subsection is exercised
consistent with all relevant ethical constraints and
principles, including--</DELETED>
<DELETED> (A) the avoidance of any prohibited
conflict of interest or appearance of impropriety;
and</DELETED>
<DELETED> (B) a prohibition against the acceptance
of a gift from a foreign government or an agent of a
foreign government.</DELETED>
<DELETED> (i) Rule of Construction.--Nothing in this section shall
be construed to provide the Director of the National Institute of
Standards and Technology any enforcement authority that was not in
effect on the day before the date of the enactment of this
Act.</DELETED>
<DELETED>SEC. 102. PROGRAM ON ARTIFICIAL INTELLIGENCE
TESTBEDS.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--</DELETED>
<DELETED> (A) the Committee on Commerce, Science,
and Transportation and the Committee on Energy and
Natural Resources of the Senate; and</DELETED>
<DELETED> (B) the Committee on Science, Space, and
Technology of the House of Representatives.</DELETED>
<DELETED> (2) Director.--The term ``Director'' means the
Director of the National Science Foundation.</DELETED>
<DELETED> (3) Institute.--The term ``Institute'' means the
Artificial Intelligence Safety Institute established by section
101.</DELETED>
<DELETED> (4) Secretary.--The term ``Secretary'' means the
Secretary of Energy.</DELETED>
<DELETED> (5) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for Standards and
Technology.</DELETED>
<DELETED> (b) Program Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary shall, in
coordination with the Secretary and the Director, establish and
commence carrying out a testbed program to encourage collaboration and
support partnerships between the National Laboratories, the National
Institute of Standards and Technology, the National Artificial
Intelligence Research Resource pilot program established by the
Director of the National Science Foundation, or any successor program,
and public and private sector entities, including companies of all
sizes, to conduct research and development, tests, evaluations, and
risk assessments of artificial intelligence systems, including
measurement methodologies developed by the Institute.</DELETED>
<DELETED> (c) Activities.--In carrying out this program, the Under
Secretary shall, in coordination with the Secretary--</DELETED>
<DELETED> (1) use the advanced computing resources,
testbeds, and expertise of the National Laboratories, the
Institute, the National Science Foundation, and private sector
entities to run tests and evaluations on the capabilities and
limitations of artificial intelligence systems;</DELETED>
<DELETED> (2) use existing solutions to the maximum extent
practicable;</DELETED>
<DELETED> (3) develop automated and reproducible tests,
evaluations, and risk assessments for artificial intelligence
systems to the extent that is practicable;</DELETED>
<DELETED> (4) assess the computational resources necessary
to run tests, evaluations, and risk assessments of artificial
intelligence systems;</DELETED>
<DELETED> (5) research methods to effectively minimize the
computational resources needed to run tests, evaluations, and
risk assessments of artificial intelligence systems;</DELETED>
<DELETED> (6) consider developing tests, evaluations, and
risk assessments for artificial intelligence systems that are
designed for high-, medium-, and low-computational intensity;
and</DELETED>
<DELETED> (7) prioritize identifying and evaluating
scenarios in which the artificial intelligence systems tested
or evaluated by a testbed could be deployed in a way that poses
security risks, and either establishing classified testbeds, or
utilizing existing classified testbeds, at the National
Laboratories if necessary, including with respect to--
</DELETED>
<DELETED> (A) autonomous offensive cyber
capabilities;</DELETED>
<DELETED> (B) cybersecurity vulnerabilities in the
artificial intelligence software ecosystem and
beyond;</DELETED>
<DELETED> (C) chemical, biological, radiological,
nuclear, critical infrastructure, and energy-security
threats or hazards; and</DELETED>
<DELETED> (D) such other capabilities as the Under
Secretary determines necessary.</DELETED>
<DELETED> (d) Consideration Given.--In carrying out the activities
required by subsection (c), the Under Secretary shall, in coordination
with the Secretary, take under consideration the applicability of any
tests, evaluations, and risk assessments to artificial intelligence
systems trained using primarily biological sequence data, including
those systems used for gene synthesis.</DELETED>
<DELETED> (e) Metrics.--The Under Secretary, in collaboration with
the Secretary, shall develop metrics--</DELETED>
<DELETED> (1) to assess the effectiveness of the program in
encouraging collaboration and supporting partnerships as
described in subsection (b); and</DELETED>
<DELETED> (2) to assess the impact of the program on public
and private sector integration and use of artificial
intelligence systems.</DELETED>
<DELETED> (f) Use of Existing Program.--In carrying out the program
required by subsection (a), the Under Secretary may, in collaboration
with the Secretary and the Director, use a program that was in effect
on the day before the date of the enactment of this Act.</DELETED>
<DELETED> (g) Evaluation and Findings.--Not later than 3 years after
the start of this program, the Under Secretary shall, in collaboration
with the Secretary--</DELETED>
<DELETED> (1) evaluate the success of the program in
encouraging collaboration and supporting partnerships as
described in subsection (b), using the metrics developed
pursuant to subsection (e);</DELETED>
<DELETED> (2) evaluate the success of the program in
encouraging public and private sector integration and use of
artificial intelligence systems by using the metrics developed
pursuant to subsection (e); and</DELETED>
<DELETED> (3) submit to the appropriate committees of
Congress the evaluation supported pursuant to paragraph (1) and
the findings of the Under Secretary, the Secretary, and the
Director with respect to the testbed program.</DELETED>
<DELETED> (h) Consultation.--In carrying out subsection (b), the
Under Secretary shall consult, as the Under Secretary considers
appropriate, with the following:</DELETED>
<DELETED> (1) Industry, including private artificial
intelligence laboratories, companies of all sizes, and
representatives from the United States financial
sector.</DELETED>
<DELETED> (2) Academia and institutions of higher
education.</DELETED>
<DELETED> (3) Civil society.</DELETED>
<DELETED> (4) Third-party evaluators.</DELETED>
<DELETED> (i) Establishment of Foundation Models Test Program.--In
carrying out the program under subsection (b), the Under Secretary
shall, acting through the Director of the Institute and in coordination
with the Secretary of Energy, carry out a test program to provide
vendors of foundation models the opportunity to voluntarily test
foundation models across a range of modalities, such as models that
ingest and output text, images, audio, video, software code, and mixed
modalities, relative to the Artificial Intelligence Risk Management
Framework, by--</DELETED>
<DELETED> (1) conducting research and regular testing to
improve and benchmark the accuracy, efficacy, and bias of
foundation models;</DELETED>
<DELETED> (2) conducting research to identify key
capabilities, limitations, and unexpected behaviors of
foundation models;</DELETED>
<DELETED> (3) identifying and evaluating scenarios in which
these models could pose risks;</DELETED>
<DELETED> (4) establishing reference use cases for
foundation models and performance criteria for assessing each
use case, including accuracy, efficacy, and bias
metrics;</DELETED>
<DELETED> (5) enabling developers and deployers of
foundation models to evaluate such systems for risks,
incidents, and vulnerabilities if deployed in such use
cases;</DELETED>
<DELETED> (6) coordinating public evaluations, which may
include prizes and challenges, to evaluate foundation models;
and</DELETED>
<DELETED> (7) as the Under Secretary and the Secretary
consider appropriate, producing public-facing reports of the
findings from such testing for a general audience.</DELETED>
<DELETED> (j) Rule of Construction.--Nothing in this section shall
be construed to require a person to disclose any information, including
information--</DELETED>
<DELETED> (1) relating to a trade secret or other protected
intellectual property right;</DELETED>
<DELETED> (2) that is confidential business information;
or</DELETED>
<DELETED> (3) that is privileged.</DELETED>
<DELETED>SEC. 103. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY AND
DEPARTMENT OF ENERGY TESTBED TO IDENTIFY, TEST, AND
SYNTHESIZE NEW MATERIALS.</DELETED>
<DELETED> (a) Testbed Authorized.--The Secretary of Commerce, acting
through the Director of the National Institute of Standards and
Technology, and the Secretary of Energy shall jointly establish a
testbed to identify, test, and synthesize new materials to advance
materials science and to support advanced manufacturing for the benefit
of the United States economy through the use of artificial
intelligence, autonomous laboratories, and artificial intelligence
integrated with emerging technologies, such as quantum hybrid computing
and robotics.</DELETED>
<DELETED> (b) Support for Accelerated Technologies.--The Secretary
of Commerce and the Secretary of Energy shall ensure that technologies
accelerated using the testbed established pursuant to subsection (a)
are supported by advanced algorithms and models, uncertainty
quantification, and software and workforce development tools to produce
benchmark data, model comparison tools, and best practices
guides.</DELETED>
<DELETED> (c) Public-Private Partnerships.--In carrying out
subsection (a), the Secretary of Commerce and the Secretary of Energy
shall, in consultation with industry, civil society, and academia,
enter into such public-private partnerships as the Secretaries jointly
determine appropriate.</DELETED>
<DELETED> (d) Resources.--In carrying out subsection (a), the
Secretaries may use resources from National Laboratories and the
private sector.</DELETED>
<DELETED>SEC. 104. NATIONAL SCIENCE FOUNDATION AND DEPARTMENT OF ENERGY
COLLABORATION TO MAKE SCIENTIFIC DISCOVERIES THROUGH THE
USE OF ARTIFICIAL INTELLIGENCE.</DELETED>
<DELETED> (a) In General.--The Director of the National Science
Foundation (referred to in this section as the ``Director'') and the
Secretary of Energy (referred to in this section as the ``Secretary'')
shall collaborate to support new translational scientific discoveries
and advancements for the benefit of the economy of the United States
through the use of artificial intelligence, including artificial
intelligence integrated with emerging technologies, such as quantum
hybrid computing and robotics.</DELETED>
<DELETED> (b) Public-Private Partnerships.--In carrying out
subsection (a), the Director and the Secretary shall enter into such
public-private partnerships as the Director and the Secretary jointly
determine appropriate.</DELETED>
<DELETED> (c) Resources.--In carrying out subsection (a), the
Director and the Secretary may accept and use resources from the
National Laboratories, resources from the private sector, and academic
resources.</DELETED>
<DELETED>SEC. 105. PROGRESS REPORT.</DELETED>
<DELETED> Not later than 1 year after the date of the enactment of
this Act, the Director of the Artificial Intelligence Safety Institute
shall, in coordination with the Secretary of Commerce and the Secretary
of Energy, submit to Congress a report on the implementation of this
subtitle.</DELETED>
<DELETED>Subtitle B--International Cooperation</DELETED>
<DELETED>SEC. 111. INTERNATIONAL COALITION ON INNOVATION, DEVELOPMENT,
AND HARMONIZATION OF STANDARDS WITH RESPECT TO ARTIFICIAL
INTELLIGENCE.</DELETED>
<DELETED> (a) In General.--The Secretary of Commerce, the Secretary
of State, and the Director of the Office of Science and Technology
Policy (in this section referred to as the ``Director''), in
consultation with the heads of relevant agencies, shall jointly seek to
form an alliance or coalition with like-minded governments of foreign
countries--</DELETED>
<DELETED> (1) to cooperate on approaches to innovation and
advancements in artificial intelligence and ecosystems for
artificial intelligence;</DELETED>
<DELETED> (2) to coordinate on development and use of
interoperable international standards or harmonization of
standards with respect to artificial intelligence;</DELETED>
<DELETED> (3) to promote adoption of common artificial
intelligence standards;</DELETED>
<DELETED> (4) to develop the government-to-government
infrastructure needed to facilitate coordination of coherent
global application of artificial intelligence safety standards,
including, where appropriate, putting in place agreements for
information sharing between governments; and</DELETED>
<DELETED> (5) to involve private-sector stakeholders from
partner countries to help inform coalition partners on recent
developments in artificial intelligence and associated
standards development.</DELETED>
<DELETED> (b) Criteria for Participation.--In forming an alliance or
coalition of like-minded governments of foreign countries under
subsection (a), the Secretary of Commerce, the Secretary of State, and
the Director, in consultation with the heads of relevant agencies,
shall jointly establish technology trust criteria--</DELETED>
<DELETED> (1) to ensure all participating countries that
have a high level of scientific and technological
advancement;</DELETED>
<DELETED> (2) to ensure all participating countries commit
to using open international standards; and</DELETED>
<DELETED> (3) to support the governance principles for
international standards as detailed in the World Trade
Organization Agreement on Technical Barriers to Trade, done at
Geneva April 12, 1979, on international standards, such as
transparency, openness, and consensus-based decision-
making.</DELETED>
<DELETED> (c) Consultation on Innovation and Advancements in
Artificial Intelligence.--In forming an alliance or coalition under
subsection (a), the Director, the Secretary of Commerce, and the
Secretary of State shall consult with the Secretary of Energy and the
Director of the National Science Foundation on approaches to innovation
and advancements in artificial intelligence.</DELETED>
<DELETED> (d) Security and Protection of Intellectual Property.--The
Director, the Secretary of Commerce, and the Secretary of State shall
jointly ensure that an alliance or coalition formed under subsection
(a) is only formed with countries that--</DELETED>
<DELETED> (1) have in place sufficient intellectual property
protections, safety standards, and risk management approaches
relevant to innovation and artificial intelligence;
and</DELETED>
<DELETED> (2) develop and coordinate research security
measures, export controls, and intellectual property
protections relevant to innovation, development, and standard-
setting relating to artificial intelligence.</DELETED>
<DELETED> (e) Rule of Construction.--Nothing in this section shall
be construed to prohibit anyone from participating in other
international standards bodies.</DELETED>
<DELETED>SEC. 112. REQUIREMENT TO SUPPORT BILATERAL AND MULTILATERAL
ARTIFICIAL INTELLIGENCE RESEARCH
COLLABORATIONS.</DELETED>
<DELETED> (a) In General.--The Director of the National Science
Foundation shall support bilateral and multilateral collaborations to
facilitate innovation in research and development of artificial
intelligence.</DELETED>
<DELETED> (b) Alignment With Priorities.--The Director shall ensure
that collaborations supported under subsection (a) align with the
priorities of the Foundation and United States research community and
have the potential to benefit United States prosperity, security,
health, and well-being.</DELETED>
<DELETED> (c) Requirements.--The Director shall ensure that
collaborations supported under subsection (a)--</DELETED>
<DELETED> (1) support innovation and advancement in research
on the development and use of artificial
intelligence;</DELETED>
<DELETED> (2) facilitate international collaboration on
innovation and advancement in artificial intelligence research
and development, including data sharing, expertise, and
resources; and</DELETED>
<DELETED> (3) leverage existing National Science Foundation
programs, such as the National Science Foundation-supported
National Artificial Intelligence Research Institutes and Global
Centers programs.</DELETED>
<DELETED> (d) Coordination of Security Measures and Export
Controls.--When entering into agreements in order to support
collaborations pursuant to subsection (a), the Director shall ensure
that participating countries have developed and coordinated security
measures and export controls to protect intellectual property and
research and development.</DELETED>
<DELETED>Subtitle C--Identifying Regulatory Barriers to
Innovation</DELETED>
<DELETED>SEC. 121. COMPTROLLER GENERAL OF THE UNITED STATES
IDENTIFICATION OF RISKS AND OBSTACLES RELATING TO
ARTIFICIAL INTELLIGENCE AND FEDERAL AGENCIES.</DELETED>
<DELETED> (a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on regulatory impediments to
innovation in artificial intelligence systems.</DELETED>
<DELETED> (b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:</DELETED>
<DELETED> (1) Significant examples of Federal statutes and
regulations that directly affect the innovation of artificial
intelligence systems, including the ability of companies of all
sizes to compete in artificial intelligence, which should also
account for the effect of voluntary standards and best
practices developed by the Federal Government.</DELETED>
<DELETED> (2) An assessment of challenges that Federal
agencies face in the enforcement of provisions of law
identified pursuant to paragraph (1).</DELETED>
<DELETED> (3) An evaluation of the progress in government
adoption of artificial intelligence and use of artificial
intelligence to improve the quality of government
services.</DELETED>
<DELETED> (4) Based on the findings of the Comptroller
General with respect to paragraphs (1) through (4), such
recommendations as the Comptroller General may have for
legislative or administrative action to increase the rate of
innovation in artificial intelligence systems.</DELETED>
<DELETED>TITLE II--ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT,
CAPACITY BUILDING ACTIVITIES</DELETED>
<DELETED>SEC. 201. PUBLIC DATA FOR ARTIFICIAL INTELLIGENCE
SYSTEMS.</DELETED>
<DELETED> (a) List of Priorities.--</DELETED>
<DELETED> (1) In general.--To expedite the development of
artificial intelligence systems in the United States, the
Director of the Office of Science and Technology Policy shall,
acting through the National Science and Technology Council and
the Interagency Committee established or designated pursuant to
section 5103 of the National Artificial Intelligence Initiative
Act of 2020 (15 U.S.C. 9413), develop a list of priorities for
Federal investment in creating or improving curated, publicly
available Federal Government data for training and evaluating
artificial intelligence systems.</DELETED>
<DELETED> (2) Requirements.--</DELETED>
<DELETED> (A) In general.--The list developed
pursuant to paragraph (1) shall--</DELETED>
<DELETED> (i) prioritize data that will
advance novel artificial intelligence systems
in the public interest; and</DELETED>
<DELETED> (ii) prioritize datasets unlikely
to independently receive sufficient private
sector support to enable their creation, absent
Federal funding.</DELETED>
<DELETED> (B) Datasets identified.--In carrying out
subparagraph (A)(ii), the Director shall identify 20
datasets to be prioritized.</DELETED>
<DELETED> (3) Considerations.--In developing the list under
paragraph (1), the Director shall consider the
following:</DELETED>
<DELETED> (A) Applicability to the initial list of
societal, national, and geostrategic challenges set
forth by subsection (b) of section 10387 of the
Research and Development, Competition, and Innovation
Act (42 U.S.C. 19107), or any successor list.</DELETED>
<DELETED> (B) Applicability to the initial list of
key technology focus areas set forth by subsection (c)
of such section, or any successor list.</DELETED>
<DELETED> (C) Applicability to other major United
States economic sectors, such as agriculture, health
care, transportation, manufacturing, communications,
weather services, and positive utility to small and
medium United States businesses.</DELETED>
<DELETED> (D) Opportunities to improve datasets in
effect before the date of the enactment of this
Act.</DELETED>
<DELETED> (E) Inclusion of data representative of
the entire population of the United States.</DELETED>
<DELETED> (F) Potential national security threats to
releasing datasets, consistent with the United States
Government approach to data flows.</DELETED>
<DELETED> (G) Requirements of laws in
effect.</DELETED>
<DELETED> (H) Applicability to the priorities listed
in the National Artificial Intelligence Research and
Development Strategic Plan of the National Science and
Technology Council, dated October 2016.</DELETED>
<DELETED> (I) Ability to use data already made
available to the National Artificial Intelligence
Research Resource Pilot program or any successor
program.</DELETED>
<DELETED> (4) Public input.--Before finalizing the list
required by paragraph (1), the Director shall implement public
comment procedures for receiving input and comment from private
industry, academia, civil society, and other relevant
stakeholders.</DELETED>
<DELETED> (b) National Science and Technology Council Agencies.--The
head of each agency with a representative included in the Interagency
Committee pursuant to section 5103(c) of the National Artificial
Intelligence Initiative Act of 2020 (15 U.S.C. 9413(c)) or the heads of
multiple agencies with a representative included in the Interagency
Committee working cooperatively, consistent with the missions or
responsibilities of each Executive agency--</DELETED>
<DELETED> (1) subject to the availability of appropriations,
shall award grants or otherwise establish incentives, through
new or existing programs, for the creation or improvement of
curated datasets identified in the list developed pursuant to
subsection (a)(1), including methods for addressing data
scarcity;</DELETED>
<DELETED> (2) may establish or leverage existing
initiatives, including public-private partnerships, to
encourage private sector cost-sharing in the creation or
improvement of such datasets;</DELETED>
<DELETED> (3) may apply the priorities set forth in the list
developed pursuant to subsection (a)(1) to the enactment of
Federal public access and open government data
policies;</DELETED>
<DELETED> (4) in carrying out this subsection, shall ensure
consistency with Federal provisions of law relating to privacy,
including the technology and privacy standards applied to the
National Secure Data Service under section 10375(f) of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19085(f)); and</DELETED>
<DELETED> (5) in carrying out this subsection, shall ensure
data sharing is limited with any country that the Secretary of
Commerce, in consultation with the Secretary of Defense, the
Secretary of State, and the Director of National Intelligence,
determines to be engaged in conduct that is detrimental to the
national security or foreign policy of the United
States.</DELETED>
<DELETED> (c) Availability of Datasets.--Datasets that are created
or improved by Federal agencies may be made available to the National
Artificial Intelligence Research Resource pilot program established by
the Director of the National Science Foundation in accordance with
Executive Order 14110 (88 Fed. Reg. 75191; relating to safe, secure,
and trustworthy development and use of artificial intelligence), or any
successor program.</DELETED>
<DELETED> (d) Rule of Construction.--Nothing in this subsection
shall be construed to require the Federal Government or other
contributors to disclose any information--</DELETED>
<DELETED> (1) relating to a trade secret or other protected
intellectual property right;</DELETED>
<DELETED> (2) that is confidential business information;
or</DELETED>
<DELETED> (3) that is privileged.</DELETED>
<DELETED>SEC. 202. FEDERAL GRAND CHALLENGES IN ARTIFICIAL
INTELLIGENCE.</DELETED>
<DELETED> (a) List of Priorities for Federal Grand Challenges in
Artificial Intelligence.--</DELETED>
<DELETED> (1) List required.--Not later than 1 year after
the date of the enactment of this Act, the Director of the
Office of Science and Technology Policy shall, acting through
the National Science and Technology Council and the Interagency
Committee established or designated pursuant to section 5103 of
the National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9413), in consultation with industry, civil society, and
academia, establish a list of priorities for Federal grand
challenges in artificial intelligence that seek--</DELETED>
<DELETED> (A) to expedite the development of
artificial intelligence systems in the United States;
and</DELETED>
<DELETED> (B) to stimulate artificial intelligence
research, development, and commercialization that
solves or advances specific, well-defined, and
measurable challenges.</DELETED>
<DELETED> (2) Contents.--The list established pursuant to
paragraph (1) may include the following priorities:</DELETED>
<DELETED> (A) To overcome challenges with
engineering of and applied research on
microelectronics, including through integration of
artificial intelligence with emerging technologies,
such as machine learning and quantum computing, or with
respect to the physical limits on transistors,
electrical interconnects, and memory
elements.</DELETED>
<DELETED> (B) To promote transformational or long-
term advancements in computing and artificial
intelligence technologies through--</DELETED>
<DELETED> (i) next-generation algorithm
design;</DELETED>
<DELETED> (ii) next-generation compute
capability;</DELETED>
<DELETED> (iii) generative and adaptive
artificial intelligence for design
applications;</DELETED>
<DELETED> (iv) photonics-based
microprocessors and optical communication
networks, including electrophotonics;</DELETED>
<DELETED> (v) the chemistry and physics of
new materials;</DELETED>
<DELETED> (vi) energy use or energy
efficiency;</DELETED>
<DELETED> (vii) techniques to establish
cryptographically secure content provenance
information; or</DELETED>
<DELETED> (viii) safety and controls for
artificial intelligence applications.</DELETED>
<DELETED> (C) To develop artificial intelligence
solutions, including through integration among emerging
technologies such as quantum computing and machine
learning, to overcome barriers relating to innovations
in advanced manufacturing in the United States,
including areas such as--</DELETED>
<DELETED> (i) materials, nanomaterials, and
composites;</DELETED>
<DELETED> (ii) rapid, complex
design;</DELETED>
<DELETED> (iii) sustainability and
environmental impact of manufacturing
operations;</DELETED>
<DELETED> (iv) predictive maintenance of
machinery;</DELETED>
<DELETED> (v) improved part
quality;</DELETED>
<DELETED> (vi) process
inspections;</DELETED>
<DELETED> (vii) worker safety; and</DELETED>
<DELETED> (viii) robotics.</DELETED>
<DELETED> (D) To develop artificial intelligence
solutions in sectors of the economy, such as expanding
the use of artificial intelligence in maritime vessels,
including in navigation and in the design of propulsion
systems and fuels.</DELETED>
<DELETED> (E) To develop artificial intelligence
solutions to improve border security, including
solutions relevant to the detection of fentanyl,
illicit contraband, and other illegal
activities.</DELETED>
<DELETED> (3) Periodic updates.--The Director shall update
the list established pursuant to paragraph (1) periodically as
the Director determines necessary.</DELETED>
<DELETED> (b) Federal Investment Initiatives Required.--Subject to
the availability of appropriations, the head of each agency with a
representative on the Interagency Committee pursuant to section 5103(c)
of the National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9413(c)) or the heads of multiple agencies with a representative
on the Interagency Committee working cooperatively, shall, consistent
with the missions or responsibilities of each agency, establish 1 or
more prize competitions under section 24 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3719), challenge-based
acquisitions, or other research and development investments that each
agency head deems appropriate consistent with the list of priorities
established pursuant to subsection (a)(1).</DELETED>
<DELETED> (c) Timing and Announcements of Federal Investment
Initiatives.--The President, acting through the Director, shall ensure
that, not later than 1 year after the date on which the Director
establishes the list required by subsection (a)(1), at least 3 prize
competitions, challenge-based acquisitions, or other research and
development investments are announced by heads of Federal agencies
under subsection (b).</DELETED>
<DELETED> (d) Requirements.--Each head of an agency carrying out an
investment initiative under subsection (b) shall ensure that--
</DELETED>
<DELETED> (1) for each prize competition or investment
initiative carried out by the agency under such subsection,
there is--</DELETED>
<DELETED> (A) a positive impact on the economic
competitiveness of the United States;</DELETED>
<DELETED> (B) a benefit to United States
industry;</DELETED>
<DELETED> (C) to the extent possible, leveraging of
the resources and expertise of industry and
philanthropic partners in shaping the investments;
and</DELETED>
<DELETED> (D) in a case involving development and
manufacturing, use of advanced manufacturing in the
United States; and</DELETED>
<DELETED> (2) all research conducted for purposes of the
investment initiative is conducted in the United
States.</DELETED>
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. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS,
EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION
Sec. 100. Definitions.
Subtitle A--Artificial Intelligence Safety Institute and Testbeds
Sec. 101. Artificial Intelligence Safety Institute.
Sec. 102. Interagency coordination and program to facilitate 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. Coordination, reimbursement, and savings provisions.
Sec. 105. Progress report.
Subtitle B--International Cooperation
Sec. 111. International coalitions on innovation, development, and
alignment of standards with respect to
artificial intelligence.
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.
TITLE III--RESEARCH SECURITY AND OTHER MATTERS
Sec. 301. Research security.
Sec. 302. Expansion of authority to hire critical technical experts.
Sec. 303. Foundation for Standards and Metrology.
Sec. 304. Prohibition on certain policies relating to the use of
artificial intelligence or other automated
systems.
Sec. 305. Certifications and audits of temporary fellows.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that policies affecting artificial
intelligence should maximize the potential, development, and use of
artificial intelligence to benefit all private and public stakeholders.
TITLE I--VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, METRICS,
EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION
SEC. 100. DEFINITIONS.
In this title:
(1) 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).
(2) Artificial intelligence model.--The term ``artificial
intelligence model'' means a component of an artificial
intelligence system that is--
(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.
(3) Artificial intelligence system.--The term ``artificial
intelligence system'' means an engineered or machine-based
system that--
(A) can, for a given set of objectives, generate
outputs such as predictions, recommendations, or
decisions influencing real or virtual environments; and
(B) is designed to operate with varying levels of
autonomy.
(4) 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)).
(5) 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).
(6) 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.
(7) 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).
(8) 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.
Subtitle A--Artificial Intelligence Safety Institute and Testbeds
SEC. 101. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE.
The National Institute of Standards and Technology Act (15 U.S.C.
271 et seq.) is amended by inserting after section 22A (15 U.S.C. 278h-
1) the following:
``SEC. 22B. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(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 vulnerability evaluations and provide
mitigation techniques to entities who have a need for an
independent technical review of the security posture of an
artificial intelligence system.
``(4) Artificial intelligence red-teaming.--The term
`artificial intelligence red-teaming' means structured
adversarial testing efforts of an artificial intelligence
system.
``(5) 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).
``(6) 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.
``(7) 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 an artificial intelligence system.
``(8) 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.
``(9) Watermarking.--The term `watermarking' means the act
of embedding information that is intended to be difficult to
remove, into outputs generated by artificial intelligence
systems or in original content, 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.
``(b) Establishment of Artificial Intelligence Safety Institute.--
``(1) In general.--Not later than 90 days after the date of
the enactment of the Future of Artificial Intelligence
Innovation Act of 2024, the Director shall establish an
institute on artificial intelligence within the Institute.
``(2) Designation.--The institute established pursuant to
paragraph (1) shall be known as the `Artificial Intelligence
Safety Institute'.
``(3) Mission.--The mission of the Artificial Intelligence
Safety Institute is to assist the private sector and agencies
in developing voluntary best practices for the robust
assessment of artificial intelligence systems, which may be
contributed to or inform the work on such practices in
standards development organizations.
``(c) Functions.--
``(1) In general.--The functions of the Artificial
Intelligence Safety Institute, which the Artificial
Intelligence Safety Institute shall carry out in coordination
with the laboratories of the Institute, include the following:
``(A) Using publicly available or voluntarily
provided information, assessing artificial intelligence
systems and developing best practices for reliable and
secure development, deployment, and use of artificial
intelligence technology.
``(B) Supporting artificial intelligence red-
teaming, sharing best practices, and coordinating on
building testbeds and test environments with allies and
international partners of the United States.
``(C) Developing and publishing physical and
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 with
discovering and mitigating vulnerabilities and attacks,
including manipulation through data poisoning,
including those that may be exploited by foreign
adversaries.
``(D) Establishing artificial intelligence blue-
teaming capabilities to support mitigation approaches
and partnering with industry to address the reliability
of artificial intelligence systems.
``(E) Developing tools, methodologies, best
practices, and voluntary guidelines for 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.
``(F) Coordinating or developing metrics and
methodologies for testing artificial intelligence
systems, including the following:
``(i) Cataloging existing artificial
intelligence metrics and evaluation
methodologies used in industry and academia.
``(ii) Testing the efficacy of existing
metrics and evaluations.
``(G) Coordinating with counterpart international
institutions, partners, and allies, to support global
interoperability in the development of research and
testing of standards relating to artificial
intelligence.
``(d) Artificial Intelligence Safety Institute Consortium.--
``(1) Establishment.--
``(A) In general.--Not later than 180 days after
the date of the enactment of this Act, the Director
shall establish a consortium of stakeholders from
academic or research communities, Federal laboratories,
private industry, including companies of all sizes with
different roles in the use of artificial intelligence
systems, including developers, deployers, evaluators,
users, and civil society with expertise in matters
relating to artificial intelligence to support the
Artificial Intelligence Safety Institute in carrying
out the functions set forth under subsection (c).
``(B) Designation.--The consortium established
pursuant to subparagraph (A) shall be known as the
`Artificial Intelligence Safety Institute Consortium'.
``(2) Consultation.--The Director shall consult with the
consortium established under this subsection not less
frequently than quarterly.
``(3) Annual reports to congress.--Not later than 1 year
after the date of the enactment of the Future of Artificial
Intelligence Innovation Act of 2024 and not less frequently
than once each year thereafter, the Director 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 summarizing the
contributions of the members of the consortium established
under this subsection in support the efforts of the Artificial
Intelligence Safety Institute.
``(e) Voluntary Artificial Intelligence Testing Standards.--In
carrying out the functions under subsection (c), the Director shall
support and contribute to the development of voluntary, consensus-based
technical standards for testing artificial intelligence system
components, including by addressing, as the Director considers
appropriate, the following:
``(1) Physical infrastructure for training or developing
artificial intelligence models and systems, including cloud
infrastructure.
``(2) Physical infrastructure for operating artificial
intelligence systems, including cloud infrastructure.
``(3) Data for training artificial intelligence models.
``(4) Data for evaluating the functionality and
trustworthiness of trained artificial intelligence models and
systems.
``(5) Trained or partially trained artificial intelligence
models and any resulting software systems or products.
``(6) Human-in-the-loop testing of artificial intelligence
models and systems.
``(f) Matters Relating to Disclosure and Access.--
``(1) FOIA exemption.--Any confidential content, as deemed
confidential by the contributing private sector person, shall
be exempt from public disclosure under section 552(b)(3) of
title 5, United States Code.
``(2) Limitation on access to content.--Access to a
contributing private sector person's voluntarily provided
confidential content, as deemed confidential by the
contributing private sector person shall be limited to the
private sector person and the Artificial Intelligence Safety
Institute.
``(3) Aggregated information.--The Director may make
aggregated, deidentified information available to contributing
companies, the public, and other agencies, as the Director
considers appropriate, in support of the purposes of this
section.
``(g) Rule of Construction.--Nothing in this section shall be
construed to provide the Director any enforcement authority that was
not in effect on the day before the date of the enactment of the Future
of Artificial Intelligence Innovation Act of 2024.
``(h) Prohibition on Access to Resources for Entities Under Control
of Certain Foreign Governments.--
``(1) In general.--An entity under the ownership, control,
or influence of the government of a covered nation may not
access any of the resources of the Artificial Intelligence
Safety Institute.
``(2) Criteria for identification.--The Director, working
with the heads of the relevant Federal agencies, shall
establish criteria to determine if any entity that seeks to
utilize the resources of the Artificial Intelligence Safety
Institute is under the ownership, control, or influence of the
government of a covered nation.
``(3) Definitions.--In this subsection:
``(A) Covered nation.--The term `covered nation'
has the meaning given that term in section 4872 of
title 10, United States Code.
``(B) Ownership, control, or influence of the
government of a covered nation.--The term `ownership,
control, or influence of the government of a covered
nation', with respect to an entity, means the
government of a covered nation--
``(i) has the power to direct or decide
matters affecting the entity's management or
operations in a manner that could--
``(I) result in unauthorized access
to classified information; or
``(II) adversely affect performance
of a contract or agreement requiring
access to classified information; and
``(ii) exercises that power--
``(I) directly or indirectly;
``(II) through ownership of the
entity's securities, by contractual
arrangements, or other similar means;
``(III) by the ability to control
or influence the election or
appointment of one or more members to
the entity's governing board (such as
the board of directors, board of
managers, or board of trustees) or its
equivalent; or
``(IV) prospectively (such as by
not currently exercising the power, but
could).''.
SEC. 102. INTERAGENCY COORDINATION AND PROGRAM TO FACILITATE ARTIFICIAL
INTELLIGENCE TESTBEDS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' 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 Science, Space, and Technology
of the House of Representatives.
(2) Director.--The term ``Director'' means the Director of
the National Science Foundation.
(3) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Standards and Technology.
(b) Program Required.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary and the Secretary, in
coordination with the Director, shall jointly establish a testbed
program to encourage collaboration and support partnerships between the
National Laboratories, Federal laboratories, the National Institute of
Standards and Technology, the National Artificial Intelligence Research
Resource pilot program established by the Director, or any successor
program, and public and private sector entities, including companies of
all sizes, to conduct tests, evaluations, and security or vulnerability
risk assessments, and to support research and development, of
artificial intelligence systems, including measurement methodologies
developed by the Institute, in order to develop standards and encourage
development of a third-party ecosystem.
(c) Activities.--In carrying out the program required by subsection
(b), the Under Secretary and the Secretary--
(1) may use the advanced computing resources, testbeds, and
expertise of the National Laboratories, Federal laboratories,
the Institute, the National Science Foundation, and private
sector entities to run tests and evaluations on the
capabilities and limitations of artificial intelligence
systems;
(2) shall use existing solutions to the maximum extent
practicable;
(3) shall develop automated and reproducible tests and
evaluations for artificial intelligence systems to the extent
that is practicable;
(4) shall assess the computational resources necessary to
run tests and evaluations of artificial intelligence systems;
(5) shall research methods to effectively minimize the
computational resources needed to run tests, evaluations, and
security assessments of artificial intelligence systems;
(6) shall where practicable, develop tests and evaluations
for artificial intelligence systems that are designed for high-
, medium-, and low-computational intensity; and
(7) shall prioritize assessments by identifying security
vulnerabilities of artificial intelligence systems, including
the establishment of and utilization of existing classified
testbeds, at the National Laboratories if necessary, including
with respect to--
(A) autonomous offensive cyber capabilities;
(B) cybersecurity vulnerabilities in the artificial
intelligence software ecosystem and beyond;
(C) chemical, biological, radiological, nuclear,
critical infrastructure, and energy-security threats or
hazards; and
(D) such other capabilities as the Under Secretary
or the Secretary determines necessary.
(d) Consideration Given.--In carrying out the activities required
by subsection (c), the Under Secretary and the Secretary shall take
under consideration the applicability of any tests, evaluations, and
risk assessments to artificial intelligence systems trained using
primarily biological sequence data that could be used to enhance an
artificial intelligence system's ability to contribute to the creation
of a pandemic or biological weapon, including those systems used for
gene synthesis.
(e) Metrics.--The Under Secretary and the Secretary shall jointly
develop metrics to assess--
(1) the effectiveness of the program in encouraging
collaboration and supporting partnerships as described in
subsection (b); and
(2) the impact of the program on public and private sector
integration and use of artificial intelligence systems.
(f) Use of Existing Program.--In carrying out the program required
by subsection (b), the Under Secretary, the Secretary, and the Director
may use a program that was in effect on the day before the date of the
enactment of this Act.
(g) Evaluation and Findings.--Not later than 3 years after the
start of the program required by subsection (b), the Under Secretary
and the Secretary shall jointly--
(1) evaluate the success of the program in encouraging
collaboration and supporting partnerships as described in
subsection (b), using the metrics developed pursuant to
subsection (e);
(2) evaluate the success of the program in encouraging
public and private sector integration and use of artificial
intelligence systems by using the metrics developed pursuant to
subsection (e); and
(3) submit to the appropriate committees of Congress the
evaluation supported pursuant to paragraph (1) and the findings
of the Under Secretary, the Secretary, and the Director with
respect to the testbed program.
(h) Consultation.--In carrying out subsection (b), the Under
Secretary and the Secretary shall consult, as the Under Secretary and
the Secretary consider appropriate, with the following:
(1) Industry, including private artificial intelligence
laboratories, companies of all sizes, and representatives from
the United States financial sector.
(2) Academia and institutions of higher education.
(3) Civil society.
(i) Establishment of Voluntary Foundation Models Test Program.--In
carrying out the program under subsection (b), the Under Secretary and
the Secretary shall, jointly carry out a test program to provide
vendors of foundation models, as well as vendors of artificial
intelligence virtual agents and robots that incorporate foundation
models, the opportunity to voluntarily test foundation models across a
range of modalities, such as models that ingest and output text,
images, audio, video, software code, and mixed modalities.
(j) Matters Relating to Disclosure and Access.--
(1) Limitation on access to content.--Access to a
contributing private sector person's voluntarily provided
confidential content, as deemed confidential by the
contributing private sector person, shall be limited to the
contributing private sector person and the Institute.
(2) Aggregated information.--The Under Secretary and the
Secretary may make aggregated, deidentified information
available to contributing companies, the public, and other
agencies, as the Under Secretary considers appropriate, in
support of the purposes of this section.
(3) FOIA exemption.--Any confidential content, as deemed
confidential by the contributing private sector person, shall
be exempt from public disclosure under section 552(b)(3) of
title 5, United States Code.
(k) Rule of Construction.--Nothing in this section shall be
construed to require a person to disclose any information, including
information--
(1) relating to a trade secret or other protected
intellectual property right;
(2) that is confidential business information; or
(3) that is privileged.
(l) Sunset.--The programs required by subsections (b) and (i) and
the requirements of this section shall terminate on the date that is 7
years after the date of the enactment of this Act.
SEC. 103. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY AND DEPARTMENT
OF ENERGY TESTBED TO IDENTIFY, TEST, AND SYNTHESIZE NEW
MATERIALS.
(a) In General.--The Secretary of Commerce, acting through the
Under Secretary of Commerce for Standards and Technology, and the
Secretary of Energy may use the program established under section
102(b) to advance materials science and energy storage and optimization
and to support advanced manufacturing for the benefit of the United
States economy through the use of artificial intelligence, autonomous
laboratories, and artificial intelligence integrated with emerging
technologies, such as quantum hybrid computing and robotics.
(b) Support for Accelerated Technologies.--The Secretary of
Commerce and the Secretary of Energy shall ensure that technologies
accelerated under subsection (a) are supported by advanced algorithms
and models, uncertainty quantification, and software and workforce
development tools to produce benchmark data, model comparison tools,
and best practices guides.
(c) Public-private Partnerships.--In carrying out subsection (a),
the Secretary of Commerce and the Secretary of Energy shall, in
consultation with industry, civil society, and academia, enter into
such public-private partnerships as the Secretaries jointly determine
appropriate.
(d) Resources.--In carrying out this section, the Secretaries may--
(1) use science and technology resources from the
Manufacturing USA Program, the Hollings Manufacturing Extension
Partnership, the National Laboratories, Federal laboratories,
and the private sector; and
(2) the program established under section 102(b).
SEC. 104. COORDINATION, REIMBURSEMENT, AND SAVINGS PROVISIONS.
(a) Coordination and Duplication.--The Secretary of Commerce shall
take such actions as may be necessary to ensure no duplication of
activities carried out under this subtitle with the activities of--
(1) research entities of the Department of Energy,
including--
(A) the National Laboratories; and
(B) the Advanced Scientific Computing Research
program; and
(2) relevant industries.
(b) National Laboratory Resources.--Any advanced computing
resources, testbeds, expertise, or other resources of the Department of
Energy or the National Laboratories that are provided to the National
Science Foundation, the National Institute of Standards and Technology,
or any other applicable entities under this subtitle shall be
provided--
(1) on a reimbursable basis; and
(2) pursuant to a reimbursable agreement.
(c) Waiver.--The Secretary may waive the requirements set forth in
subsection (b) if the Secretary determines the waiver is necessary or
appropriate to carry out the missions of the Department of Commerce.
(d) Savings Provision.--Nothing in this subtitle shall be
construed--
(1) to modify any requirement or authority provided under
section 5501 of the National Artificial Intelligence Initiative
Act of 2020 (15 U.S.C. 9461); or
(2) to allow the Secretary of Commerce (including the Under
Secretary of Commerce for Standards and Technology or the
Director of the Artificial Intelligence Safety Institute) or
the Director of the National Science Foundation to use monetary
resources of the Department of Energy or any National
Laboratory.
SEC. 105. PROGRESS REPORT.
(a) 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 shall, in coordination with the Secretary of Commerce
and the Secretary of Energy, submit to Congress a report on the
implementation of sections 102 and 103.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) A description of the reimbursable agreements,
statements of work, and associated project schedules and
deliverables for the testbed program established pursuant to
section 102(b) and section 103(a).
(2) Details on the total amount of reimbursable agreements
entered into pursuant to section 104(b).
(3) Such additional information as the Under Secretary
determines appropriate.
Subtitle B--International Cooperation
SEC. 111. INTERNATIONAL COALITIONS ON INNOVATION, DEVELOPMENT, AND
ALIGNMENT OF STANDARDS WITH RESPECT TO ARTIFICIAL
INTELLIGENCE.
(a) In General.--The Under Secretary of Commerce for Standards and
Technology (in this section referred to as the ``Under Secretary'') and
the Secretary of Energy (in this section referred to as the
``Secretary'') shall jointly lead information exchange and coordination
among Federal agencies and communication from Federal agencies to the
private sector of the United States and like-minded governments of
foreign countries to ensure effective Federal engagement in the
development and use of international technical standards for artificial
intelligence.
(b) Requirements.--To support private sector-led engagement and
ensure effective Federal engagement in the development and use of
international technical standards for artificial intelligence, the
Under Secretary shall seek to form alliances or coalitions with like-
minded governments of foreign countries--
(1) to support the private sector-led development and
adoption of standards or alignment with respect to artificial
intelligence;
(2) to encourage the adoption of technical standards
developed in the United States to be adopted by international
standards organizations;
(3) to facilitate international collaboration on
innovation, science, and advancement in artificial intelligence
research and development, including data sharing, expertise,
and resources; and
(4) to develop the government-to-government infrastructure
to support the activities described in paragraphs (1) through
(3), using existing bilateral and multilateral agreements to
the extent practicable.
(c) Criteria for Participation.--In forming an alliance or
coalition of like-minded governments of foreign countries under
subsection (b), the Secretary of Commerce, the Secretary of Energy, the
Secretary of State, and the Director, in consultation with the heads of
relevant agencies, shall jointly establish technology trust criteria--
(1) to ensure all partner countries have a high level of
scientific and technological advancement; and
(2) to support the principles for international standards
development as detailed in the Committee Decision on World
Trade Organization Agreement on Technical Barriers to Trade
(Annex 2 of Part 1 of G/TBT/1), on international standards,
such as transparency, openness, and consensus-based decision-
making.
(d) Consultation on Innovation and Advancements in Artificial
Intelligence.--In forming an alliance or coalition under subsection
(b), the Director, the Secretary of Commerce, and the Secretary of
State shall consult with the Secretary of Energy and the Director of
the National Science Foundation on approaches to innovation and
advancements in artificial intelligence.
(e) Security and Protection of Intellectual Property.--The
Director, the Secretary of Commerce, the Secretary of Energy, and the
Secretary of State shall jointly ensure that an alliance or coalition
formed under subsection (b) is only undertaken with countries that--
(1) have in place sufficient intellectual property
protections, safety standards, and risk management approaches
relevant to innovation and artificial intelligence; and
(2) develop and coordinate research security measures,
export controls, and intellectual property protections relevant
to innovation, development, and standard-setting relating to
artificial intelligence.
(f) Limitation on Eligibility of the People's Republic of China.--
(1) In general.--The People's Republic of China is not
eligible to participate in an alliance or coalition of like-
minded governments of foreign countries under subsection (b)
until the United States Trade Representative determines in a
report to Congress required by section 421 of the U.S.-China
Relations Act of 2000 (22 U.S.C. 6951) that the People's
Republic of China has come into compliance with the commitments
it made in connection with its accession to the World Trade
Organization.
(2) Report required.--Upon the submission of a report
described in paragraph (1), the officials specified in
paragraph (3) shall jointly submit to Congress a report that
includes the following:
(A) A detailed justification for why government-to-
government information exchange and coordination with
the Government of the People's Republic of China is in
the national security interests of the United States.
(B) An assessment of the risks and potential
effects of such coordination, including any potential
for the transfer under an alliance or coalition
described in paragraph (1) of technology or
intellectual property capable of harming the national
security interests of the United States.
(C) A detailed justification for how the officials
specified in paragraph (3) intend to address human
rights concerns in any scientific and technology
collaboration proposed to be conducted by such an
alliance or coalition.
(D) An assessment of the extent to which those
officials will be able to continuously monitor the
commitments made by the People's Republic of China in
participating in such an alliance or coalition.
(E) Such other information relating to such an
alliance or coalition as those officials consider
appropriate.
(3) Officials specified.--The officials specified in this
paragraph are the following:
(A) The Director.
(B) The Secretary of Commerce.
(C) The Secretary of Energy.
(D) The Secretary of State.
(g) Rule of Construction.--Nothing in this section shall be
construed--
(1) to prohibit a person (as defined in section 551 of
title 5, United States Code) from participating in an
international standards body; or
(2) to constrain separate engagement with emerging
economies on artificial intelligence.
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.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to Congress a report on regulatory impediments to
innovation in artificial intelligence systems.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) Significant examples of Federal statutes and
regulations that directly affect the innovation of artificial
intelligence systems, including the ability of companies of all
sizes to compete in artificial intelligence, which should also
account for the effect of voluntary standards and best
practices developed with contributions from the Federal
Government.
(2) An evaluation of the progress in government adoption of
artificial intelligence and use of artificial intelligence to
improve the quality of government services.
(3) Based on the findings of the Comptroller General with
respect to paragraphs (1) and (2), such recommendations as the
Comptroller General may have for legislative or administrative
action to increase the rate of innovation in artificial
intelligence systems.
TITLE II--ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, CAPACITY
BUILDING ACTIVITIES
SEC. 201. PUBLIC DATA FOR ARTIFICIAL INTELLIGENCE SYSTEMS.
(a) In General.--Title LI of the National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9411 et seq.) is amended by adding at
the end the following new section:
``SEC. 5103A. PUBLIC DATA FOR ARTIFICIAL INTELLIGENCE SYSTEMS.
``(a) List of Priorities.--
``(1) In general.--To expedite the development of
artificial intelligence systems in the United States, the
Director of the Office of Science and Technology Policy (in
this section referred to as the `Director') shall, acting
through the National Science and Technology Council and the
Interagency Committee and in consultation with the Advisory
Committee on Data for Evidence Building established under
section 315 of title 5, United States Code, develop a list of
priorities for Federal investment in creating or improving
curated, publicly available Federal Government data for
training and evaluating artificial intelligence systems and
identify an appropriate location to host curated datasets.
``(2) Requirements.--
``(A) In general.--The list developed pursuant to
paragraph (1) shall--
``(i) prioritize data that will advance
novel artificial intelligence systems in the
public interest; and
``(ii) prioritize datasets unlikely to
independently receive sufficient private sector
support to enable their creation, absent
Federal funding.
``(B) Datasets identified.--In carrying out
subparagraph (A)(ii), the Director shall identify 20
datasets to be prioritized.
``(3) Considerations.--In developing the list under
paragraph (1), the Director shall consider the following:
``(A) Applicability to the initial list of
societal, national, and geostrategic challenges set
forth by subsection (b) of section 10387 of the
Research and Development, Competition, and Innovation
Act (42 U.S.C. 19107), or any successor list.
``(B) Applicability to the initial list of key
technology focus areas set forth by subsection (c) of
such section, or any successor list.
``(C) Applicability to other major United States
economic sectors, such as agriculture, health care,
transportation, manufacturing, communications, weather
services, and positive utility to small- and medium-
sized United States businesses.
``(D) Opportunities to improve datasets in effect
before the date of the enactment of the Future of
Artificial Intelligence Innovation Act of 2024.
``(E) Inclusion of data representative of the
entire population of the United States.
``(F) Potential national security threats to
releasing datasets, consistent with the United States
Government approach to data flows.
``(G) Requirements of laws in effect.
``(H) Applicability to the priorities listed in the
National Artificial Intelligence Research and
Development Strategic Plan of the National Science and
Technology Council, dated October 2016.
``(I) Ability to use data already made available to
the National Artificial Intelligence Research Resource
Pilot program or any successor program.
``(J) Coordination with other Federal open data
efforts, as applicable.
``(4) Public input.--Before finalizing the list required by
paragraph (1), the Director shall implement public comment
procedures for receiving input and comment from private
industry, academia, civil society, and other relevant
stakeholders.
``(b) Interagency Committee.--In carrying out this section, the
Interagency Committee--
``(1) may establish or leverage existing initiatives,
including through public-private partnerships, for the creation
or improvement of curated datasets identified in the list
developed pursuant to subsection (a)(1), including methods for
addressing data scarcity;
``(2) may apply the priorities set forth in the list
developed pursuant to subsection (a)(1) to the enactment of
Federal public access and open government data policies;
``(3) shall ensure consistency with Federal provisions of
law relating to privacy, including the technology and privacy
standards applied to the National Secure Data Service under
section 10375(f) of the Research and Development, Competition,
and Innovation Act (42 U.S.C. 19085(f)); and
``(4) shall ensure that no data sharing is permitted with
any country that the Secretary of Commerce, in consultation
with the Secretary of Defense, the Secretary of State, the
Secretary of Energy, and the Director of National Intelligence,
determines to be engaged in conduct that is detrimental to the
national security or foreign policy of the United States.
``(c) Availability of Datasets.--Datasets that are created or
improved pursuant to this section--
``(1) shall, in the case of a dataset created or improved
by a Federal agency, be made available to the comprehensive
data inventory developed and maintained by the Federal agency
pursuant to section 3511(a) of title 44, United States Code, in
accordance with all applicable regulations; and
``(2) may be made available to the National Artificial
Intelligence Research Resource pilot program established by the
Director of the National Science Foundation, and the applicable
programs established by the Department of Energy, in accordance
with Executive Order 14110 (88 Fed. Reg. 75191; relating to
safe, secure, and trustworthy development and use of artificial
intelligence), or any successor program.
``(d) Report.--Not later than 1 year after the date of the
enactment of the Future of Artificial Intelligence Innovation Act of
2024, the Director shall, acting through the National Science and
Technology Council and the Interagency Committee, 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 includes--
``(1) best practices in developing publicly curated
artificial intelligence datasets;
``(2) lessons learned and challenges encountered in
developing the curated artificial intelligence datasets;
``(3) principles used for artificial intelligence-ready
data; and
``(4) recommendations related to artificial intelligence-
ready data standards and potential processes for development of
such standards.
``(e) Rules of Construction.--
``(1) In general.--Nothing in this section shall be
construed to require the Federal Government or other
contributors to disclose any information--
``(A) relating to a trade secret or other protected
intellectual property right;
``(B) that is confidential business information; or
``(C) that is privileged.
``(2) Disclosure to public datasets.--Except as
specifically provided for in this section, nothing in this
section shall be construed to prohibit the head of a Federal
agency from withholding information from a public dataset.''.
(b) Clerical Amendments.--The table of contents at the beginning of
section 2 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 and the table of contents at the
beginning of title LI of such Act are both amended by inserting after
the items relating to section 5103 the following new item:
``5103A. Public data for artificial intelligence systems.''.
SEC. 202. FEDERAL GRAND CHALLENGES IN ARTIFICIAL INTELLIGENCE.
(a) In General.--Title LI of the National Artificial Intelligence
Initiative Act of 2020 (15 U.S.C. 9411 et seq.), as amended by section
201, is further amended by adding at the end the following new section:
``SEC. 5107. FEDERAL GRAND CHALLENGES IN ARTIFICIAL INTELLIGENCE.
``(a) Establishment of Program.--
``(1) In general.--Not later than 1 year after the date of
the enactment of the Future of Artificial Intelligence
Innovation Act of 2024, the Director of the Office of Science
and Technology Policy (acting through the National Science and
Technology Council) and the Interagency Committee may establish
a program to award prizes, using the authorities and processes
established under section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719), to eligible
participants as determined by the co-chairs of the Interagency
Committee pursuant to subsection (e).
``(2) Purposes.--The purposes of the program required by
paragraph (1) are as follows:
``(A) To expedite the development of artificial
intelligence systems in the United States.
``(B) To stimulate artificial intelligence
research, development, and commercialization that
solves or advances specific, well-defined, and
measurable challenges in 1 or more of the categories
established pursuant to subsection (b).
``(b) Federal Grand Challenges in Artificial Intelligence.--
``(1) List of priorities.--The Director of the Office of
Science and Technology Policy (acting through the National
Science and Technology Council) and the Interagency Committee
and in consultation with industry, civil society, and academia,
identify, and annually review and update as the Director
considers appropriate, a list of priorities for Federal grand
challenges in artificial intelligence pursuant to the purposes
set forth under subsection (a)(2).
``(2) Initial list.--
``(A) Contents.--The list established pursuant to
paragraph (1) may include the following priorities:
``(i) To overcome challenges with
engineering of and applied research on
microelectronics, including through integration
of artificial intelligence with emerging
technologies, such as neuromorphic and quantum
computing, or with respect to the physical
limits on transistors, advanced interconnects,
and memory elements.
``(ii) To promote transformational or long-
term advancements in computing and artificial
intelligence technologies through--
``(I) next-generation algorithm
design;
``(II) next-generation compute
capability;
``(III) generative and adaptive
artificial intelligence for design
applications;
``(IV) photonics-based
microprocessors and optical
communication networks, including
electrophotonics;
``(V) the chemistry and physics of
new materials;
``(VI) energy use or energy
efficiency;
``(VII) techniques to establish
cryptographically secure content
provenance information; or
``(VIII) safety and controls for
artificial intelligence applications.
``(iii) To promote explainability and
mechanistic interpretability of artificial
intelligence systems.
``(iv) To develop artificial intelligence
solutions, including through integration among
emerging technologies such as neuromorphic and
quantum computing to overcome barriers relating
to innovations in advanced manufacturing in the
United States, including areas such as--
``(I) materials, nanomaterials, and
composites;
``(II) rapid, complex design;
``(III) sustainability and
environmental impact of manufacturing
operations;
``(IV) predictive maintenance of
machinery;
``(V) improved part quality;
``(VI) process inspections;
``(VII) worker safety; and
``(VIII) robotics.
``(v) To develop artificial intelligence
solutions in sectors of the economy, such as
expanding the use of artificial intelligence in
maritime vessels, including in navigation and
in the design of propulsion systems and fuels.
``(vi) To develop artificial intelligence
solutions to improve border security, including
solutions relevant to the detection of
fentanyl, illicit contraband, and other illegal
activities.
``(vii) To develop artificial intelligence
for science applications.
``(viii) To develop cybersecurity for
artificial intelligence-related intellectual
property, such as artificial intelligence
systems and artificial intelligence algorithms.
``(ix) To develop artificial intelligence
solutions to modernize code and software
systems that are deployed in government
agencies and critical infrastructure and are at
risk of maintenance difficulties due to code
obsolescence or challenges finding expertise in
outdated code bases.
``(3) Consultation on identification and selection of grand
challenges.--The Director of the Office of Science and
Technology Policy, the Director of the National Institute of
Standards and Technology, the Director of the Defense Advanced
Research Projects Agency, such agency heads as the Director of
the Office of Science and Technology Policy considers relevant,
and the National Artificial Intelligence Advisory Committee
shall each identify and select artificial intelligence research
and development grand challenges in which eligible participants
will compete to solve or advance for prize awards under
subsection (a).
``(4) Public input on identification.--The Director of the
Office of Science and Technology Policy shall also seek public
input on the identification of artificial intelligence research
and development grand challenges under subsection (a).
``(5) Problem statements; success metrics.--For each
priority for a Federal grand challenge identified under
paragraph (1) and the grand challenges identified and selected
under paragraph (3), the Director of the Office of Science and
Technology Policy shall--
``(A) establish a specific and well-defined grand
challenge problem statement and ensure that such
problem statement is published on a website linking out
to relevant prize competition listings on the website
Challenge.gov, or successor website, that is managed by
the General Services Administration; and
``(B) establish and publish on the website
Challenge.gov, or successor website, clear targets,
success metrics, and validation protocols for the prize
competitions designed to address each grand challenge,
in order to provide specific benchmarks that will be
used to evaluate submissions to the prize competition.
``(c) Federal Investment Initiatives Authorized.--Subject to the
availability of amounts appropriated for this purpose, the Secretary of
Commerce, the Secretary of Transportation, the Director of the National
Science Foundation may, consistent with the missions or
responsibilities of each Federal agency, establish 1 or more prize
competitions under section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3719), challenge-based acquisitions,
or other research and development investments that each agency head
deems appropriate consistent with the list of priorities established
pursuant to subsection (b)(1).
``(d) Requirements.--
``(1) In general.--The Director of the Office of Science
and Technology Policy shall develop requirements for--
``(A) the process for prize competitions under
subsections (a) and (c), including eligibility criteria
for participants, consistent with the requirements
under paragraph (2); and
``(B) testing, judging, and verification procedures
for submissions to receive a prize award under
subsection (c).
``(2) Eligibility requirement and judging.--
``(A) Eligibility.--In accordance with the
requirement described in section 24(g)(3) of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3719(g)(3)), a recipient of a prize award under
subsection (c)--
``(i) that is a private entity shall be
incorporated in and maintain a primary place of
business in the United States; and
``(ii) who is an individual, whether
participating singly or in a group, shall be a
citizen or permanent resident of the United
States.
``(B) Judges.--In accordance with section 24(k) of
the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3719(k)), a judge of a prize competition
under subsection (c) may be an individual from the
private sector.
``(3) Agency leadership.--Each agency head carrying out an
investment initiative under subsection (c) shall ensure that--
``(A) for each prize competition or investment
initiative carried out by the agency head under such
subsection, there is--
``(i) a positive impact on the economic
competitiveness of the United States;
``(ii) a benefit to United States industry;
``(iii) to the extent possible, leveraging
of the resources and expertise of industry and
philanthropic partners in shaping the
investments; and
``(iv) in a case involving development and
manufacturing, use of advanced manufacturing in
the United States; and
``(B) all research conducted for purposes of the
investment initiative is conducted in the United
States.
``(e) Reports.--
``(1) Notification of winning submission.--Not later than
60 days after the date on which a prize is awarded under
subsection (c), the agency head awarding the prize shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Science, Space, and Technology of
the House of Representatives, and such other committees of
Congress as the agency head considers relevant a report that
describes the winning submission to the prize competition and
its benefits to the United States.
``(2) Biennial report.--
``(A) In general.--Not later than 2 years after the
date of the enactment of the Future of Artificial
Intelligence Innovation Act of 2024, and biennially
thereafter, the heads of agencies described in
subsection (c) shall submit to the Committee on
Commerce, Science, and Transportation of the Senate,
the Committee on Science, Space, and Technology of the
House of Representatives, and such other committees of
Congress as the agency heads consider relevant a report
that includes--
``(i) a description of the activities
carried out by the agency heads under this
section;
``(ii) a description of the active
competitions and the results of completed
competitions under subsection (c); and
``(iii) efforts to provide information to
the public on active competitions under
subsection (c) to encourage participation.
``(B) Public accessibility.--The agency heads
described in subsection (c) shall make the biennial
report required under subparagraph (A) publicly
accessible, including by posting the biennial report on
a website in an easily accessible location, such as the
GovInfo website of the Government Publishing Office.
``(f) Accessibility.--In carrying out any competition under
subsection (c), the head of an agency shall post the active prize
competitions and available prize awards under subsection (b) to
Challenge.gov, or successor website, after the grand challenges are
selected and the prize competitions are designed pursuant to
subsections (c) and (e) to ensure the prize competitions are widely
accessible to eligible participants.
``(g) Sunset.--This section shall terminate on the date that is 5
years after the date of the enactment the Future of Artificial
Intelligence Innovation Act of 2024.''.
(b) Comptroller General of the United States Studies and Reports.--
(1) Initial study.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Comptroller General
of the United States shall conduct a study of Federal
prize competitions, which shall include an assessment
of the efficacy and impact of prize competitions
generally.
(B) Elements.--The study conducted under
subparagraph (A) shall include, to the extent
practicable, the following:
(i) A survey of all existing, current and
ongoing Federal prize competitions carried out
under authorities enacted before the date of
the enactment of this Act.
(ii) An assessment of those existing,
current, and ongoing Federal prize competitions
that includes addressing--
(I) whether and what technology or
innovation would have been developed in
the absence of the prize competitions;
(II) whether the prize competitions
shortened the timeframe for the
development of the technology or
innovation;
(III) whether the prize competition
was cost effective;
(IV) what, if any, other benefits
were gained from conducting the prize
competitions;
(V) whether the use of a more
traditional policy tool such as a grant
or contract have resulted in the
development of a similar technology or
innovation;
(VI) whether prize competitions
might be designed differently in a way
that would result in a more effective
or revolutionary technology being
developed;
(VII) what are appropriate metrics
that could be used for determining the
success of a prize competition, and
whether those metrics differ when
evaluating near-term and long-term
impacts of prize competitions; and
(VIII) suggested best practices of
prize competitions.
(C) Congressional briefing.--Not later than 540
days after the date of the enactment of this Act, the
Comptroller General shall provide the Committee on
Science, Space, and Technology and the Committee on
Energy and Natural Resources of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a briefing on the findings of the
Comptroller General with respect to the study conducted
under subparagraph (A).
(D) Report.--Not later than 540 days after the date
of the enactment of this Act, the Comptroller General
shall submit to the congressional committees specified
in subparagraph (C) a report on the findings and
recommendations of Comptroller General from the study
conducted under subparagraph (A).
(2) Interim study.--
(A) In general.--The Comptroller General of the
United States shall conduct a study of the Federal
prize challenges implemented under section 5108 of the
of the National Artificial Intelligence Initiative Act
of 2020, as added by subsection (a), which shall
include an assessment of the efficacy and effect of
such prize competitions.
(B) Elements.--The study conducted under
subparagraph (A) shall include, to the extent
practicable, the following:
(i) A survey of all Federal prize
competitions implemented under section 5108 of
the of the National Artificial Intelligence
Initiative Act of 2020, as added by subsection
(a).
(ii) An assessment of the Federal prize
competitions implemented such section, which
shall include addressing the same
considerations as set forth under paragraph
(1)(B)(ii).
(iii) An assessment of the efficacy,
impact, and cost-effectiveness of prize
competitions implemented under section 5108 of
the of the National Artificial Intelligence
Initiative Act of 2020, as added by subsection
(a), compared to other Federal prize
competitions.
(C) Congressional briefing.--Not later than 1 year
after completing the study required by subparagraph
(A), the Comptroller General shall provide the
Committee on Science, Space, and Technology and the
Committee on Energy and Natural Resources of the Senate
and the Committee on Energy and Commerce of the House
of Representatives a briefing on the findings of the
Comptroller General with respect to the study conducted
under subparagraph (A).
(D) Report.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General
shall submit to the congressional committees specified
in subparagraph (C) a report on the findings and
recommendations of the Comptroller General with respect
to the study conducted under subparagraph (A).
(c) Clerical Amendments.--The table of contents at the beginning of
section 2 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 and the table of contents at the
beginning of title LI of such Act, as amended by section 201, are both
amended by inserting after the items relating to section 5107 the
following new item:
``5107. Federal grand challenges in artificial intelligence.''.
TITLE III--RESEARCH SECURITY AND OTHER MATTERS
SEC. 301. RESEARCH SECURITY.
The activities authorized under this Act shall be carried out in
accordance with the provision of subtitle D of title VI of the Research
and Development, Competition, and Innovation Act (42 U.S.C. 19231 et
seq.; enacted as part of division B of Public Law 117-167) and section
223 of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (42 U.S.C. 6605).
SEC. 302. EXPANSION OF AUTHORITY TO HIRE CRITICAL TECHNICAL EXPERTS.
(a) In General.--Subsection (b) of section 6 of the National
Institute of Standards and Technology Act (15 U.S.C. 275) is amended,
in the second sentence, by striking ``15'' and inserting ``30
(b) Modification of Sunset.--Subsection (c) of such section is
amended by striking ``under section (b) shall expire on the date that
is 5 years after the date of the enactment of this section'' and
inserting ``under subsection (b) shall expire on December 30, 2035''.
SEC. 303. FOUNDATION FOR STANDARDS AND METROLOGY.
(a) In General.--Subtitle B of title II of the Research and
Development, Competition, and Innovation Act (42 U.S.C. 18931 et seq.;
relating to measurement research of the National Institute of Standards
and Technology for the future; enacted as part of division B of Public
Law 117-167) is amended by adding at the end the following new section:
``SEC. 10236. FOUNDATION FOR STANDARDS AND METROLOGY.
``(a) Establishment.--The Secretary, acting through the Director,
shall establish a nonprofit corporation to be known as the `Foundation
for Standards and Metrology'.
``(b) Mission.--The mission of the Foundation shall be to--
``(1) support the Institute in carrying out its activities
and mission to advance measurement science, technical
standards, and technology in ways that enhance the economic
security and prosperity of the United States; and
``(2) advance collaboration with researchers, institutions
of higher education, industry, and nonprofit and philanthropic
organizations to accelerate the development of technical
standards, measurement science, and the commercialization of
emerging technologies in the United States.
``(c) Activities.--In carrying out its mission under subsection
(b), the Foundation may carry out the following:
``(1) Support international metrology and technical
standards engagement activities.
``(2) Support studies, projects, and research on metrology
and the development of benchmarks and technical standards
infrastructure across the Institute's mission areas.
``(3) Advance collaboration between the Institute and
researchers, industry, nonprofit and philanthropic
organizations, institutions of higher education, federally
funded research and development centers, and State, Tribal, and
local governments.
``(4) Support the expansion and improvement of research
facilities and infrastructure at the Institute to advance the
development of emerging technologies.
``(5) Support the commercialization of federally funded
research.
``(6) Conduct education and outreach activities.
``(7) Offer direct support to NIST associates, including
through the provision of fellowships, grants, stipends, travel,
health insurance, professional development training, housing,
technical and administrative assistance, recognition awards for
outstanding performance, and occupational safety and awareness
training and support, and other appropriate expenditures.
``(8) Conduct such other activities as determined necessary
by the Foundation to carry out its mission.
``(d) Authority of the Foundation.--The Foundation shall be the
sole entity responsible for carrying out the activities described in
subsection (c).
``(e) Stakeholder Engagement.--The Foundation shall convene, and
may consult with, representatives from the Institute, institutions of
higher education, the private sector, non-profit organizations, and
commercialization organizations to develop activities for the mission
of the Foundation under subsection (b) and to advance the activities of
the Foundation under subsection (c).
``(f) Limitation.--The Foundation shall not be an agency or
instrumentality of the Federal Government.
``(g) Support.--The Foundation may receive, administer, solicit,
accept, and use funds, gifts, devises, or bequests, either absolutely
or in trust of real or personal property or any income therefrom or
other interest therein to support activities under subsection (c),
except that this subsection shall not apply if any of such is from a
foreign country of concern or a foreign entity of concern.
``(h) Tax Exempt Status.--The Board shall take all necessary and
appropriate steps to ensure the Foundation is an organization described
in section 501(c) of the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code.
``(i) Board of Directors.--
``(1) Establishment.--The Foundation shall be governed by a
Board of Directors.
``(2) Composition.--
``(A) In general.--The Board shall be composed of
the following:
``(i) Eleven appointed voting members
described in subparagraph (B).
``(ii) Ex officio nonvoting members
described in subparagraph (C).
``(B) Appointed members.--
``(i) Initial members.--The Secretary,
acting through the Director, shall--
``(I) seek to enter into an
agreement with the National Academies
of Sciences, Engineering, and Medicine
to develop a list of individuals to
serve as members of the Board who are
well qualified and will meet the
requirements of clauses (ii) and (iii);
and
``(II) appoint the initial members
of the Board from such list, if
applicable, in consultation with the
National Academies of Sciences,
Engineering, and Medicine.
``(ii) Representation.--The appointed
members of the Board shall reflect a broad
cross-section of stakeholders across diverse
sectors, regions and communities, including
from academia, private sector entities,
technical standards bodies, the investment
community, the philanthropic community, and
other nonprofit organizations.
``(iii) Experience.--The Secretary, acting
through the Director, shall ensure the
appointed members of the Board have the
experience and are qualified to provide advice
and information to advance the Foundation's
mission, including in science and technology
research and development, technical standards,
education, technology transfer,
commercialization, or other aspects of the
Foundation's mission.
``(C) Nonvoting members.--
``(i) Ex officio members.--The Director (or
Director's designee) shall be an ex officio
member of the Board.
``(ii) No voting power.--The ex officio
members described in clause (i) shall not have
voting power on the Board.
``(3) Chair and vice chair.--
``(A) In general.--The Board shall designate, from
among its members--
``(i) an individual to serve as the chair
of the Board; and
``(ii) an individual to serve as the vice
chair of the Board.
``(B) Terms.--The term of service of the Chair and
Vice Chair of the Board shall end on the earlier of--
``(i) the date that is 3 years after the
date on which the Chair or Vice Chair of the
Board, as applicable, is designated for the
respective position; and
``(ii) the last day of the term of service
of the member, as determined under paragraph
(4)(A), who is designated to be Chair or Vice
Chair of the Board, as applicable.
``(C) Representation.--The Chair and Vice Chair of
the Board--
``(i) may not be representatives of the
same area of subject matter expertise, or
entity, as applicable; and
``(ii) may not be representatives of any
area of subject matter expertise, or entity, as
applicable, represented by the immediately
preceding Chair and Vice Chair of the Board.
``(4) Terms and vacancies.--
``(A) Term limits.--Subject to subparagraph (B),
the term of office of each member of the Board shall be
not more than five years, except that a member of the
Board may continue to serve after the expiration of the
term of such member until the expiration of the 180-day
period beginning on the date on which the term of such
member expires, if no new member is appointed to
replace the departing board member.
``(B) Initial appointed members.--Of the initial
members of the Board appointed under paragraph (4)(A),
half of such members shall serve for four years and
half of such members shall serve for five years, as
determined by the Chair of the Board.
``(C) Vacancies.--Any vacancy in the membership of
the appointed members of the Board--
``(i) shall be filled in accordance with
the bylaws of the Foundation by an individual
capable of representing the same area or
entity, as applicable, as represented by the
vacating board member under paragraph
(2)(B)(ii);
``(ii) shall not affect the power of the
remaining appointed members to carry out the
duties of the Board; and
``(iii) shall be filled by an individual
selected by the Board.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum for the purposes of conducting the business
of the Board.
``(6) Duties.--The Board shall carry out the following:
``(A) Establish bylaws for the Foundation in
accordance with paragraph (7).
``(B) Provide overall direction for the activities
of the Foundation and establish priority activities.
``(C) Coordinate with the Institute the activities
of the Foundation to ensure consistency with the
programs and policies of the Institute.
``(D) Evaluate the performance of the Executive
Director of the Foundation.
``(E) Actively solicit and accept funds, gifts,
grants, devises, or bequests of real or personal
property to the Foundation, including from private
entities.
``(F) Carry out any other necessary activities of
the Foundation.
``(7) Bylaws.--The Board shall establish bylaws for the
Foundation. In establishing such bylaws, the Board shall ensure
the following:
``(A) The bylaws of the Foundation include the
following:
``(i) Policies for the selection of the
Board members, officers, employees, agents, and
contractors of the Foundation.
``(ii) Policies, including ethical and
disclosure standards, for the following:
``(I) The acceptance, solicitation,
and disposition of donations and grants
to the Foundation, including
appropriate limits on the ability of
donors to designate, by stipulation or
restriction, the use or recipient of
donated funds.
``(II) The disposition of assets of
the Foundation.
``(iii) Policies that subject all
employees, fellows, trainees, and other agents
of the Foundation (including appointed voting
members and ex officio members of the Board) to
conflict of interest standards.
``(iv) The specific duties of the Executive
Director of the Foundation.
``(B) The bylaws of the Foundation and activities
carried out under such bylaws do not--
``(i) reflect unfavorably upon the ability
of the Foundation to carry out its
responsibilities or official duties in a fair
and objective manner; or
``(ii) compromise, or appear to compromise,
the integrity of any governmental agency or
program, or any officer or employee employed
by, or involved in a governmental agency or
program.
``(8) Restrictions on membership.--
``(A) Employees.--No employee of the Department of
Commerce may be appointed as a voting member of the
Board.
``(B) Status.--Each voting member of the Board
shall be--
``(i) a citizen of the United States;
``(ii) a national of the United States (as
such term is defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a));
``(iii) an alien admitted as a refugee
under section 207 of such Act (8 U.S.C. 1157);
or
``(iv) an alien lawfully admitted to the
United States for permanent residence.
``(9) Compensation.--
``(A) In general.--Members of the Board may not
receive compensation for serving on the Board.
``(B) Certain expenses.--In accordance with the
bylaws of the Foundation, members of the Board may be
reimbursed for travel expenses, including per diem in
lieu of subsistence, and other necessary expenses
incurred in carrying out the duties of the Board.
``(10) Liaison representatives.--The Secretary, acting
through the Director, shall designate representatives from
across the Institute to serve as the liaisons to the Board and
the Foundation.
``(11) Personal liability of board members.--The members of
the Board shall not be personally liable, except for
malfeasance.
``(j) Administration.--
``(1) Executive director.--
``(A) In general.--The Foundation shall have an
Executive Director who shall be appointed by the Board,
and who shall serve at the pleasure of the Board, and
for whom the Board shall establish the rate of
compensation. Subject to the bylaws established under
subsection (i)(7), the Executive Director shall be
responsible for the daily operations of the Foundation
in carrying out the activities of the Foundation under
subsection (c).
``(B) Responsibilities.--In carrying out the daily
operations of the Foundation, the Executive Director of
the Foundation shall carry out the following:
``(i) Hire, promote, compensate, and
discharge officers and employees of the
Foundation, and define the duties of such
officers and employees.
``(ii) Accept and administer donations to
the Foundation, and administer the assets of
the Foundation.
``(iii) Enter into such contracts and
execute legal instruments as are appropriate in
carrying out the activities of the Foundation.
``(iv) Perform such other functions as
necessary to operate the Foundation.
``(C) Restrictions.--
``(i) Executive director.--The Executive
Director shall be--
``(I) a citizen of the United
States;
``(II) a national of the United
States (as such term is defined in
section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(III) an alien admitted as a
refugee under section 207 of such Act
(8 U.S.C. 1157); or
``(IV) an alien lawfully admitted
to the United States for permanent
residence.
``(ii) Officers and employees.--Each
officer or employee of the Foundation shall
be--
``(I) a citizen of the United
States;
``(II) a national of the United
States (as such term is defined in
section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(III) an alien admitted as a
refugee under section 207 of such Act
(8 U.S.C. 1157); or
``(IV) an alien lawfully admitted
to the United States for permanent
residence.
``(2) Administrative control.--No member of the Board,
officer or employee of the Foundation or of any program
established by the Foundation, or participant in a program
established by the Foundation, may exercise administrative
control over any Federal employee.
``(3) Transfer of funds to institute.--The Foundation may
transfer funds and property to the Institute, which the
Institute may accept and use and which shall be subject to all
applicable Federal limitations relating to federally funded
research.
``(4) Strategic plan.--Not later than one year after the
establishment of the Foundation, the Foundation shall submit to
the Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a strategic plan that contains the
following:
``(A) A plan for the Foundation to become
financially self-sustaining in the next five years.
``(B) Short- and long-term objectives of the
Foundation, as identified by the Board.
``(C) A description of the efforts the Foundation
will take to be transparent in the processes of the
Foundation, including processes relating to the
following:
``(i) Grant awards, including selection,
review, and notification.
``(ii) Communication of past, current, and
future research priorities.
``(iii) Solicitation of and response to
public input on the priorities identified by
the Foundation.
``(D) A description of the financial goals and
benchmarks of the Foundation for the following ten
years.
``(E) A description of the efforts undertaken by
the Foundation to ensure maximum complementarity and
minimum redundancy with investments made by the
Institute.
``(5) Report.--
``(A) In general.--Not later than 18 months after
the establishment of the Foundation and not later than
February 1 of each year thereafter, the Foundation
shall publish a report describing the activities of the
Foundation during the immediately preceding fiscal
year. Each such report shall include with respect to
such fiscal year a comprehensive statement of the
operations, activities, financial condition, progress,
and accomplishments of the Foundation.
``(B) Financial condition.--With respect to the
financial condition of the Foundation, each report
under subparagraph (A) shall include the source, and a
description of, all support under subsection (g)
provided to the Foundation. Each such report shall
identify the persons or entities from which such
support is received, and include a specification of any
restrictions on the purposes for which such support may
be used.
``(C) Publication.--The Foundation shall make
copies of each report submitted under subparagraph (A)
available--
``(i) for public inspection, and shall upon
request provide a copy of the report to any
individual for a charge not to exceed the cost
of providing such copy; and
``(ii) to the Committee on Science, Space,
and Technology of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate.
``(6) Audits and disclosure.--The Foundation shall--
``(A) provide for annual audits of the financial
condition of the Foundation, including a full list of
the Foundation's donors and any restrictions on the
purposes for which gifts to the Foundation may be used;
and
``(B) make such audits, and all other records,
documents, and other papers of the Foundation,
available to the Secretary and the Comptroller General
of the United States for examination or audit.
``(7) Evaluation by comptroller general.--Not later than
five years after the date on which the Foundation is
established, the Comptroller General of the United States shall
submit to the Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the following:
``(A) An evaluation of the following:
``(i) The extent to which the Foundation is
achieving the mission of the Foundation.
``(ii) The operation of the Foundation.
``(B) Any recommendations on how the Foundation may
be improved.
``(k) Integrity.--
``(1) In general.--To ensure integrity in the operations of
the Foundation, the Board shall develop and enforce procedures
relating to standards of conduct, financial disclosure
statements, conflicts of interest (including recusal and waiver
rules), audits, and any other matters determined appropriate by
the Board.
``(2) Financial conflicts of interest.--To mitigate
conflicts of interest and risks from malign foreign influence,
any individual who is an officer, employee, or member of the
Board is prohibited from any participation in deliberations by
the Foundation of a matter that would directly or predictably
affect any financial interest of any of the following:
``(A) Such individual.
``(B) A relative of such individual.
``(C) A business organization or other entity in
which such individual or relative of such individual
has an interest, including an organization or other
entity with which such individual is negotiating
employment.
``(3) Security.--This section shall be carried out in
accordance with the provision of subtitle D of title VI of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19231 et seq.; enacted as part of division B of Public
Law 117-167) and section 223 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (42
U.S.C. 6605).
``(l) Intellectual Property.--The Board shall adopt written
standards to govern the ownership and licensing of any intellectual
property rights developed by the Foundation or derived from the
collaborative efforts of the Foundation
``(m) Full Faith and Credit.--The United States shall not be liable
for any debts, defaults, acts, or omissions of the Foundation. The full
faith and credit of the United States shall not extend to any
obligations of the Foundation.
``(n) Support Services.--The Secretary, acting through the
Director, may provide facilities, utilities, and support services to
the Foundation if it is determined by the Director to be advantageous
to the research programs of the Institute.
``(o) Nonapplicability.--Chapter 10 of title 5, United States Code,
shall not apply to the Foundation.
``(p) Separate Fund Accounts.--The Board shall ensure that amounts
received pursuant to the authorization of appropriations under
subsection (q) are held in a separate account from any other funds
received by the Foundation.
``(q) Funding; Authorization of Appropriations.--Notwithstanding
any other provision of law, from amounts authorized to be appropriated
for a fiscal year beginning with fiscal year 2025 to the Secretary of
Commerce pursuant to section 10211, the Director may transfer not less
than $500,000 and not more than $1,250,000 to the Foundation each such
fiscal year.
``(r) Definitions.--In this section:
``(1) Board.--The term `Board' means the Board of Directors
of the Foundation, established pursuant to subsection (i).
``(2) Director.--The term `Director' means the Director of
the National Institute of Standards and Technology.
``(3) Foreign country of concern.--The term `foreign
country of concern' has the meaning given such term in section
10638 of the Research and Development, Competition, and
Innovation Act (42 U.S.C. 19237; enacted as part of division B
of Public Law 117-167).
``(4) Foreign entity of concern.--The term `foreign entity
of concern' has the meaning given such term in section 10638 of
the Research and Development, Competition, and Innovation Act
(42 U.S.C. 19237; enacted as part of division B of Public Law
117-167).
``(5) Foundation.--The term `Foundation' means the
Foundation for Standards and Metrology established pursuant to
subsection (a).
``(6) Institute.--The term `Institute' means the National
Institute of Standards and Technology.
``(7) Institution of higher education.--The term
`institution of higher education' has the meaning given such
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
``(8) NIST associate.--The term `NIST associate' means any
guest researcher, facility user, volunteer, or other
nonemployee of the National Institute of Standards and
Technology who conducts research or otherwise engages in an
authorized activity with National Institute of Standards and
Technology personnel or at a National Institute of Standards
and Technology facility.
``(9) Relative.--The term `relative' has the meaning given
such term in section 13101 of title 5, United States Code.
``(10) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(11) Technical standard.--The term `technical standard'
has the meaning given such term in section 12(d)(5) of the
National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note).''.
(b) Clerical Amendment.--The table of contents in section 1 of
Public Law 117-167 is amended by inserting after the item relating to
section 10235 the following new item:
``Sec. 10236. Foundation for Standards and Metrology.''.
SEC. 304. PROHIBITION ON CERTAIN POLICIES RELATING TO THE USE OF
ARTIFICIAL INTELLIGENCE OR OTHER AUTOMATED SYSTEMS.
Not later than 7 days after the date of the enactment of this Act,
the President, acting through the Director of the Office of Science and
Technology Policy, shall issue a technology directive with respect to
artificial intelligence or other automated systems that prohibits any
action, directive, rule, regulation, policy, principle, or guidance by
a Federal agency that includes policies that require, recommend,
promote, or encourage any of the following concepts or rules:
(1) One race or sex is inherently superior to another race
or sex.
(2) The United States is fundamentally racist or sexist.
(3) An individual, by virtue of his or her race or sex, is
inherently racist, sexist, or oppressive, whether consciously
or unconsciously.
(4) An individual should be discriminated against or
receive adverse treatment solely or partly because of his or
her race or sex.
(5) Members of one race or sex cannot and should not
attempt to treat others without respect to race or sex.
(6) The moral character of an individual is necessarily
determined by his or her race or sex.
(7) An individual, by virtue of his or her race or sex,
bears responsibility for actions committed in the past by other
members of the same race or sex.
(8) An individual should feel discomfort, guilt, anguish,
or another form of psychological distress on account of his or
her race or sex.
(9) Meritocracy or traits such as a hard work ethic are
racist or sexist, or were created by a particular race to
oppress another.
(10) Artificial intelligence, algorithms, or other
automated systems should be designed in an equitable way that
prevents disparate impacts based on a protected class or other
societal classification.
(11) Input data used by designers, developers, or deployers
of artificial intelligence, algorithms, or other automated
systems should be modified to prevent disparate impacts based
on a protected class or other societal classification.
(12) Designers, developers, integrators, or deployers of
artificial intelligence, algorithms, or other automated systems
should conduct disparate impact or equity impact assessments
prior to deployment or implementation of such technology to
ensure inclusivity and equity in the creation, design, or
development of the technology.
(13) Federal agencies should review input data used by
designers, developers, or deployers of artificial intelligence,
algorithms, or other automated systems to ensure the
technology--
(A) meets the view of that Federal agency of what
constitutes bias or misinformation; and
(B) contains no positions contrary to the position
of the Federal Government.
SEC. 305. 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.
Calendar No. 725
118th CONGRESS
2d Session
S. 4178
_______________________________________________________________________
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.
_______________________________________________________________________
December 18 (legislative day, December 16), 2024
Reported with an amendment