,,ii ,calendar ,no4 #gbe #aahth ,,congress #b;d ,session ,s4 #dagh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ah1 #bjbd,ms4 ,cantwell 7for herself1 ,mr4 ,young1 ,mr4 ,hickenlooper1 ,mrs4 ,blackburn1 ,mr4 ,wicker1 ,mr4 ,lujn1 ,ms4 ,sinema1 ,mr4 ,rounds1 and ,mr4 ,schumer7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #ah 7legislative day1 ,december #af71 #bjbd,reported by ,ms4 ,cantwell1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to establish artificial intelligence standards1 metrics1 and evaluation tools1 to support artificial intelligence research1 development1 and capacity building activities1 to promote innovation in the artificial intelligence industry by ensuring companies of all sizes can succeed and thrive1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,definitions4,,title ,i--,voluntary artificial intelligence standards1 metrics1 evaluation tools1 testbeds1 and international cooperation ,subtitle ,a--,artificial ,intelligence ,safety ,institute and testbeds,sec4 #aja4 ,artificial ,intelligence ,safety ,institute4,sec4 #ajb4 ,program on artificial intelligence testbeds4,sec4 #ajc4 ,national ,institute of ,standards and ,technology and ,department of ,energy testbed to identify1 test1 and synthesize new materials4,sec4 #ajd4 ,national ,science ,foundation and ,department of ,energy collaboration to make scientific discoveries through the use of artificial intelligence4,sec4 #aje4 ,progress report4,subtitle ,b--,international cooperation ,sec4 #aaa4 ,international coalition on innovation1 development1 and harmonization of standards with respect to artificial intelligence4,sec4 #aab4 ,requirement to support bilateral and multilateral artificial intelligence research collaborations4,subtitle ,c--,identifying regulatory barriers to innovation,sec4 #aba4 ,comptroller ,general of the ,united ,states identification of risks and obstacles relating to artificial intelligence and ,federal agencies4,,title ,,ii--,artificial intelligence research1 development1 capacity building activities,sec4 #bja4 ,public data for artificial intelligence systems4,sec4 #bjb4 ,federal grand challenges in artificial intelligence4 #b4 ,sense of ,congress ,it is the sense of ,congress that policies governing artificial intelligence should maximize the potential and development of artificial intelligence to benefit all private and public stakeholders4 #c4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code1 except such term shall include an independent regulatory agency1 as defined in such section4 7#b7 ,artificial intelligence ,the term artificial intelligence has the meaning given such term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,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 system4 7#d7 ,artificial intelligence model ,the term artificial intelligence model means a component of an artificial intelligence system that is a model-- 7,a7 derived using mathematical1 computational1 statistical1 or machine-learning techniques2 and 7,b7 used as part of an artificial intelligence system to produce outputs from a given set of inputs4 7#e7 ,artificial intelligence red-teaming ,the term artificial intelligence red-teaming means structured adversarial testing efforts of an artificial intelligence system to identify risks1 flaws1 and vulnerabilities of the artificial intelligence system1 such as harmful outputs from the system1 unforeseen or undesirable system behaviors1 limitations1 or potential risks associated with the misuse of the system4 7#f7 ,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 #bb;,a7c7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;h-#a7;c774 7#g7 ,artificial intelligence system ,the term artificial intelligence system has the meaning given such term in section #gbbc of the ,advancing ,american ,,ai ,act 7#dj ,u4,s4,c4 #aacja note74 7#h7 ,critical infrastructure ,the term critical infrastructure has the meaning given such term in section #ajaf7;e7 of the ,uniting and ,strengthening ,america by ,providing ,appropriate ,tools ,required to ,intercept and ,obstruct ,terrorism 7,,usa ,,patriot ,,act7 ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7#i7 ,federal laboratory ,the term ,federal laboratory has the meaning given such term in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc74 7#aj7 ,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 tasks4 7#aa7 ,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 content4 ,such derived synthetic content can include images1 videos1 audio1 text1 software1 code1 and other digital content4 7#ab7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given such term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#ac7 ,synthetic content ,the term synthetic content means information1 such as images1 videos1 audio clips1 and text1 that has been significantly modified or generated by algorithms1 including by artificial intelligence4 7#ad7 ,testbed ,the term testbed means a facility or mechanism equipped for conducting rigorous1 transparent1 and replicable testing of tools and technologies1 including artificial intelligence systems1 to help evaluate the functionality1 trustworthiness1 usability1 and performance of those tools or technologies4 7#ae7 ,,tevv ,the term ,,tevv means methodologies1 metrics1 techniques1 and tasks for testing1 evaluating1 verifying1 and validating artificial intelligence systems or components4 7#af7 ,watermarking ,the term watermarking means the act of embedding information that is intended to be difficult to remove1 into outputs generated by artificial intelligence1 including outputs such as text1 images1 audio1 videos1 software code1 or any other digital content or data1 for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance1 modifications1 or conveyance4 ,i ,voluntary artificial intelligence standards1 metrics1 evaluation tools1 testbeds1 and international cooperation ,a ,artificial ,intelligence ,safety ,institute and testbeds #aja4 ,artificial ,intelligence ,safety ,institute 7a7 ,establishment of ,institute 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,under ,secretary of ,commerce for ,standards and ,technology 7in this section referred to as the ,under ,secretary7 shall establish an institute on artificial intelligence4 7#b7 ,designation ,the institute established pursuant to paragraph 7#a7 shall be known as the ,artificial ,intelligence ,safety ,institute 7in this section referred to as the ,institute74 7#c7 ,mission ,the mission of the ,institute is as follows3 7,a7 ,to assist the private sector and agencies in developing voluntary best practices for the robust assessment of artificial intelligence systems4 7,b7 ,to provide technical assistance for the adoption and use of artificial intelligence across the ,federal ,government to improve the quality of government services4 7,c7 ,to develop guidelines1 methodologies1 and best practices to promote-- 7i7 development and adoption of voluntary1 consensus-based technical standards or industry standards2 7ii7 long-term advancements in artificial intelligence technologies2 and 7iii7 innovation in the artificial intelligence industry by ensuring that companies of all sizes can succeed and thrive4 7b7 ,director ,the ,under ,secretary shall appoint a director of the ,institute1 who shall be known as the ,director of the ,artificial ,intelligence ,safety ,institute 7in this section referred to as the ,director7 and report directly to the ,under ,secretary4 7c7 ,staff and authorities 7#a7 ,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 ,institute4 7#b7 ,use of authority to hire critical technical experts ,in addition to making appointments under paragraph 7#a7 of this subsection1 the ,director1 in coordination with the ,secretary of ,commerce1 may make appointments of scientific1 engineering1 and professional personnel1 and fix their basic pay1 under subsection 7b7 of section #f of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bge7 to hire critical technical experts4 7#c7 ,expansion of authority to hire critical technical experts ,such subsection is amended1 in the second sentence1 by striking #ae and inserting #cj4 7#d7 ,modification of sunset ,subsection 7c7 of such section is amended by striking the date that is #e years after the date of the enactment of this section and inserting ,december #cj1 #bjce4 7#e7 ,agreements ,the ,director may enter into such agreements1 including contracts1 grants1 cooperative agreements1 and other transactions1 as the ,director considers necessary to carry out the functions of the ,institute and on such terms as the ,under ,secretary considers appropriate4 7d7 ,consultation and coordination ,in establishing the ,institute1 the ,under ,secretary shall-- 7#a7 coordinate with-- 7,a7 the ,secretary of ,energy2 7,b7 the ,secretary of ,homeland ,security2 7,c7 the ,secretary of ,defense2 7,d7 the ,director of the ,national ,science ,foundation2 and 7,e7 the ,director of the ,office of ,science and ,technology ,policy2 and 7#b7 consult with the heads of such other ,federal agencies as the ,under ,secretary considers appropriate4 7e7 ,functions ,the functions of the ,institute1 which the ,institute shall carry out in coordination with the laboratories of the ,national ,institute of ,standards and ,technology1 are as follows3 7#a7 ,research1 evaluation1 testing1 and standards ,the following functions relating to research1 evaluation1 testing1 and standards3 7,a7 ,conducting measurement research into system and model safety1 validity and reliability1 security1 capabilities and limitations1 explainability1 interpretability1 and privacy4 7,b7 ,working with the ,department of ,energy1 the ,national ,science ,foundation1 public-private partnerships1 including the ,artificial ,intelligence ,safety ,institute ,consortium established under subsection 7f71 and other private sector organizations to develop testing environments and perform regular benchmarking and capability evaluations1 including artificial intelligence red-teaming as the ,director considers appropriate4 7,c7 ,working with consensus-based1 open1 and transparent standards development organizations 7,s,d,os7 and relevant industry1 ,federal laboratories1 civil society1 and academic institutions to advance development and adoption of clear1 implementable1 technically sound1 and technology-neutral voluntary standards and guidelines that incorporate appropriate variations in approach depending on the size of the entity1 the potential risks and potential benefits of the artificial intelligence system1 and the role of the entity 7such as developer1 deployer1 or user7 relating to artificial intelligence systems4 7,d7 ,building upon the ,artificial ,intelligence ,risk ,management ,framework to incorporate guidelines on generative artificial intelligence systems4 7,e7 ,developing a companion resource to the ,secure ,software ,development ,framework to incorporate secure development practices for generative artificial intelligence and for foundation models4 7,f7 ,developing and publishing cybersecurity tools1 methodologies1 best practices1 voluntary guidelines1 and other supporting information to assist persons who maintain systems used to create or train artificial intelligence models to discover and mitigate vulnerabilities and attacks4 7,g7 ,coordinating or developing guidelines1 metrics1 benchmarks1 and methodologies for evaluating artificial intelligence systems1 including the following3 7i7 ,cataloging existing artificial intelligence metrics1 benchmarks1 and evaluation methodologies used in industry and academia4 7ii7 ,testing and validating the efficacy of existing metrics1 benchmarks1 and evaluations1 as well as ,,tevv tools and products4 7iii7 ,funding and facilitating research and other activities in a transparent manner1 including at institutions of higher education and other nonprofit and private sector partners1 to evaluate1 develop1 or improve ,,tevv capabilities1 with rigorous scientific merit1 for artificial intelligence systems4 7iv7 ,evaluating foundation models for their potential effect in downstream systems1 such as when retrained or fine-tuned4 7,h7 ,coordinating with counterpart institutions of international partners and allies to promote global interoperability in the development of research1 evaluation1 testing1 and standards relating to artificial intelligence4 7,i7 ,developing tools1 methodologies1 best practices1 and voluntary guidelines for identifying vulnerabilities in foundation models4 7,j7 ,developing tools1 methodologies1 best practices1 and voluntary guidelines for relevant agencies to track incidents resulting in harm caused by artificial intelligence systems4 7#b7 ,implementation ,the following functions relating to implementation3 7,a7 ,using publicly available and voluntarily provided information1 conducting evaluations to assess the impacts of artificial intelligence systems1 and developing guidelines and practices for safe development1 deployment1 and use of artificial intelligence technology4 7,b7 ,aligning capability evaluation and red-teaming guidelines and benchmarks1 sharing best practices1 and coordinating on building testbeds and test environments with allies of the ,united ,states and international partners and allies4 7,c7 ,coordinating vulnerability and incident data sharing with international partners and allies4 7,d7 ,integrating appropriate testing capabilities and infrastructure for testing of models and systems4 7,e7 ,establishing blue-teaming capabilities to develop mitigation approaches and partner with industry to address risks and negative impacts4 7,f7 ,developing voluntary guidelines on-- 7i7 detecting synthetic content1 authenticating content and tracking of the provenance of content1 labeling original and synthetic content1 such as by watermarking1 and evaluating software and systems relating to detection and labeling of synthetic content2 7ii7 ensuring artificial intelligence systems do not violate privacy rights or other rights2 and 7iii7 transparency documentation of artificial intelligence datasets and artificial intelligence models4 7,g7 ,coordinating with relevant agencies to develop or support1 as the heads of the agencies determine appropriate1 sector- and application-specific profiles of the ,artificial ,intelligence ,risk ,management ,framework for different use cases1 integrating end-user experience and on-going development work into a continuously evolving toolkit4 7#c7 ,operations and engagement ,the following functions relating to operations and engagement3 7,a7 ,managing the work of the ,institute1 developing internal processes1 and ensuring that the ,institute meets applicable goals and targets4 7,b7 ,engaging with the private sector to promote innovation and competitiveness4 7,c7 ,engaging with international standards organizations1 multilateral organizations1 and similar institutes among allies and partners4 7f7 ,artificial ,intelligence ,safety ,institute ,consortium 7#a7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,under ,secretary shall establish a consortium of stakeholders from academic or research communities1 ,federal laboratories1 private industry1 including companies of all sizes with different roles in the use of artificial intelligence systems1 including developers1 deployers1 and users1 and civil society with expertise in matters relating to artificial intelligence to support the ,institute in carrying out the functions set forth under subsection 7e74 7,b7 ,designation ,the consortium established pursuant to subparagraph 7,a7 shall be known as the ,artificial ,intelligence ,safety ,institute ,consortium4 7#b7 ,consultation ,the ,under ,secretary1 acting through the ,director1 shall consult with the consortium established under this subsection not less frequently than quarterly4 7#c7 ,report to ,congress ,not later than #b years after the date of the enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 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 ,institute4 7g7 ,artificial intelligence system testing ,in carrying out the ,institute functions required by subsection 7a71 the ,under ,secretary shall support and contribute to the development of voluntary1 consensus-based technical standards for testing artificial intelligence system components1 including1 as the ,under ,secretary considers appropriate1 the following3 7#a7 ,physical infrastructure for training or developing artificial intelligence models and systems1 including cloud infrastructure4 7#b7 ,physical infrastructure for operating artificial intelligence systems1 including cloud infrastructure4 7#c7 ,data for training artificial intelligence models4 7#d7 ,data for evaluating the functionality and trustworthiness of trained artificial intelligence models and systems4 7#e7 ,trained or partially trained artificial intelligence models and any resulting software systems or products4 7h7 ,gifts 7#a7 ,authority ,the ,director may seek1 accept1 hold1 administer1 and use gifts from public and private sources whenever the ,director determines it would be in the interest of the ,united ,states to do so4 7#b7 ,regulations ,the ,director1 in consultation with the ,director of the ,office of ,government ,ethics1 shall ensure that authority under this subsection is exercised consistent with all relevant ethical constraints and principles1 including-- 7,a7 the avoidance of any prohibited conflict of interest or appearance of impropriety2 and 7,b7 a prohibition against the acceptance of a gift from a foreign government or an agent of a foreign government4 7i7 ,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 ,act4 #ajb4 ,program on artificial intelligence testbeds 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7#b7 ,director ,the term ,director means the ,director of the ,national ,science ,foundation4 7#c7 ,institute ,the term ,institute means the ,artificial ,intelligence ,safety ,institute established by section #aja4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#e7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,standards and ,technology4 7b7 ,program required ,not later than #ahj days after the date of the enactment of this ,act1 the ,under ,secretary shall1 in coordination with the ,secretary and the ,director1 establish and commence carrying out a testbed program to encourage collaboration and support partnerships between the ,national ,laboratories1 the ,national ,institute of ,standards and ,technology1 the ,national ,artificial ,intelligence ,research ,resource pilot program established by the ,director of the ,national ,science ,foundation1 or any successor program1 and public and private sector entities1 including companies of all sizes1 to conduct research and development1 tests1 evaluations1 and risk assessments of artificial intelligence systems1 including measurement methodologies developed by the ,institute4 7c7 ,activities ,in carrying out this program1 the ,under ,secretary shall1 in coordination with the ,secretary-- 7#a7 use the advanced computing resources1 testbeds1 and expertise of the ,national ,laboratories1 the ,institute1 the ,national ,science ,foundation1 and private sector entities to run tests and evaluations on the capabilities and limitations of artificial intelligence systems2 7#b7 use existing solutions to the maximum extent practicable2 7#c7 develop automated and reproducible tests1 evaluations1 and risk assessments for artificial intelligence systems to the extent that is practicable2 7#d7 assess the computational resources necessary to run tests1 evaluations1 and risk assessments of artificial intelligence systems2 7#e7 research methods to effectively minimize the computational resources needed to run tests1 evaluations1 and risk assessments of artificial intelligence systems2 7#f7 consider developing tests1 evaluations1 and risk assessments for artificial intelligence systems that are designed for high-1 medium-1 and low-computational intensity2 and 7#g7 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 risks1 and either establishing classified testbeds1 or utilizing existing classified testbeds1 at the ,national ,laboratories if necessary1 including with respect to-- 7,a7 autonomous offensive cyber capabilities2 7,b7 cybersecurity vulnerabilities in the artificial intelligence software ecosystem and beyond2 7,c7 chemical1 biological1 radiological1 nuclear1 critical infrastructure1 and energy-security threats or hazards2 and 7,d7 such other capabilities as the ,under ,secretary determines necessary4 7d7 ,consideration given ,in carrying out the activities required by subsection 7c71 the ,under ,secretary shall1 in coordination with the ,secretary1 take under consideration the applicability of any tests1 evaluations1 and risk assessments to artificial intelligence systems trained using primarily biological sequence data1 including those systems used for gene synthesis4 7e7 ,metrics ,the ,under ,secretary1 in collaboration with the ,secretary1 shall develop metrics-- 7#a7 to assess the effectiveness of the program in encouraging collaboration and supporting partnerships as described in subsection 7b72 and 7#b7 to assess the impact of the program on public and private sector integration and use of artificial intelligence systems4 7f7 ,use of existing program ,in carrying out the program required by subsection 7a71 the ,under ,secretary may1 in collaboration with the ,secretary and the ,director1 use a program that was in effect on the day before the date of the enactment of this ,act4 7g7 ,evaluation and findings ,not later than #c years after the start of this program1 the ,under ,secretary shall1 in collaboration with the ,secretary-- 7#a7 evaluate the success of the program in encouraging collaboration and supporting partnerships as described in subsection 7b71 using the metrics developed pursuant to subsection 7e72 7#b7 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 7e72 and 7#c7 submit to the appropriate committees of ,congress the evaluation supported pursuant to paragraph 7#a7 and the findings of the ,under ,secretary1 the ,secretary1 and the ,director with respect to the testbed program4 7h7 ,consultation ,in carrying out subsection 7b71 the ,under ,secretary shall consult1 as the ,under ,secretary considers appropriate1 with the following3 7#a7 ,industry1 including private artificial intelligence laboratories1 companies of all sizes1 and representatives from the ,united ,states financial sector4 7#b7 ,academia and institutions of higher education4 7#c7 ,civil society4 7#d7 ,third-party evaluators4 7i7 ,establishment of foundation models test program ,in carrying out the program under subsection 7b71 the ,under ,secretary shall1 acting through the ,director of the ,institute and in coordination with the ,secretary of ,energy1 carry out a test program to provide vendors of foundation models the opportunity to voluntarily test foundation models across a range of modalities1 such as models that ingest and output text1 images1 audio1 video1 software code1 and mixed modalities1 relative to the ,artificial ,intelligence ,risk ,management ,framework1 by-- 7#a7 conducting research and regular testing to improve and benchmark the accuracy1 efficacy1 and bias of foundation models2 7#b7 conducting research to identify key capabilities1 limitations1 and unexpected behaviors of foundation models2 7#c7 identifying and evaluating scenarios in which these models could pose risks2 7#d7 establishing reference use cases for foundation models and performance criteria for assessing each use case1 including accuracy1 efficacy1 and bias metrics2 7#e7 enabling developers and deployers of foundation models to evaluate such systems for risks1 incidents1 and vulnerabilities if deployed in such use cases2 7#f7 coordinating public evaluations1 which may include prizes and challenges1 to evaluate foundation models2 and 7#g7 as the ,under ,secretary and the ,secretary consider appropriate1 producing public-facing reports of the findings from such testing for a general audience4 7j7 ,rule of construction ,nothing in this section shall be construed to require a person to disclose any information1 including information-- 7#a7 relating to a trade secret or other protected intellectual property right2 7#b7 that is confidential business information2 or 7#c7 that is privileged4 #ajc4 ,national ,institute of ,standards and ,technology and ,department of ,energy testbed to identify1 test1 and synthesize new materials 7a7 ,testbed authorized ,the ,secretary of ,commerce1 acting through the ,director of the ,national ,institute of ,standards and ,technology1 and the ,secretary of ,energy shall jointly establish a testbed to identify1 test1 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 intelligence1 autonomous laboratories1 and artificial intelligence integrated with emerging technologies1 such as quantum hybrid computing and robotics4 7b7 ,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 7a7 are supported by advanced algorithms and models1 uncertainty quantification1 and software and workforce development tools to produce benchmark data1 model comparison tools1 and best practices guides4 7c7 ,public-,private partnerships ,in carrying out subsection 7a71 the ,secretary of ,commerce and the ,secretary of ,energy shall1 in consultation with industry1 civil society1 and academia1 enter into such public-private partnerships as the ,secretaries jointly determine appropriate4 7d7 ,resources ,in carrying out subsection 7a71 the ,secretaries may use resources from ,national ,laboratories and the private sector4 #ajd4 ,national ,science ,foundation and ,department of ,energy collaboration to make scientific discoveries through the use of artificial intelligence 7a7 ,in general ,the ,director of the ,national ,science ,foundation 7referred to in this section as the ,director7 and the ,secretary of ,energy 7referred to in this section as the ,secretary7 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 intelligence1 including artificial intelligence integrated with emerging technologies1 such as quantum hybrid computing and robotics4 7b7 ,public-,private partnerships ,in carrying out subsection 7a71 the ,director and the ,secretary shall enter into such public-private partnerships as the ,director and the ,secretary jointly determine appropriate4 7c7 ,resources ,in carrying out subsection 7a71 the ,director and the ,secretary may accept and use resources from the ,national ,laboratories1 resources from the private sector1 and academic resources4 #aje4 ,progress report ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,artificial ,intelligence ,safety ,institute shall1 in coordination with the ,secretary of ,commerce and the ,secretary of ,energy1 submit to ,congress a report on the implementation of this subtitle4 ,b ,international cooperation #aaa4 ,international coalition on innovation1 development1 and harmonization of standards with respect to artificial intelligence 7a7 ,in general ,the ,secretary of ,commerce1 the ,secretary of ,state1 and the ,director of the ,office of ,science and ,technology ,policy 7in this section referred to as the 8,director071 in consultation with the heads of relevant agencies1 shall jointly seek to form an alliance or coalition with like-minded governments of foreign countries-- 7#a7 to cooperate on approaches to innovation and advancements in artificial intelligence and ecosystems for artificial intelligence2 7#b7 to coordinate on development and use of interoperable international standards or harmonization of standards with respect to artificial intelligence2 7#c7 to promote adoption of common artificial intelligence standards2 7#d7 to develop the government-to-government infrastructure needed to facilitate coordination of coherent global application of artificial intelligence safety standards1 including1 where appropriate1 putting in place agreements for information sharing between governments2 and 7#e7 to involve private-sector stakeholders from partner countries to help inform coalition partners on recent developments in artificial intelligence and associated standards development4 7b7 ,criteria for participation ,in forming an alliance or coalition of like-minded governments of foreign countries under subsection 7a71 the ,secretary of ,commerce1 the ,secretary of ,state1 and the ,director1 in consultation with the heads of relevant agencies1 shall jointly establish technology trust criteria-- 7#a7 to ensure all participating countries that have a high level of scientific and technological advancement2 7#b7 to ensure all participating countries commit to using open international standards2 and 7#c7 to support the governance principles for international standards as detailed in the ,world ,trade ,organization ,agreement on ,technical ,barriers to ,trade1 done at ,geneva ,april #ab1 #aigi1 on international standards1 such as transparency1 openness1 and consensus-based decision-making4 7c7 ,consultation on innovation and advancements in artificial intelligence ,in forming an alliance or coalition under subsection 7a71 the ,director1 the ,secretary of ,commerce1 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 intelligence4 7d7 ,security and protection of intellectual property ,the ,director1 the ,secretary of ,commerce1 and the ,secretary of ,state shall jointly ensure that an alliance or coalition formed under subsection 7a7 is only formed with countries that-- 7#a7 have in place sufficient intellectual property protections1 safety standards1 and risk management approaches relevant to innovation and artificial intelligence2 and 7#b7 develop and coordinate research security measures1 export controls1 and intellectual property protections relevant to innovation1 development1 and standard-setting relating to artificial intelligence4 7e7 ,rule of construction ,nothing in this section shall be construed to prohibit anyone from participating in other international standards bodies4 #aab4 ,requirement to support bilateral and multilateral artificial intelligence research collaborations 7a7 ,in general ,the ,director of the ,national ,science ,foundation shall support bilateral and multilateral collaborations to facilitate innovation in research and development of artificial intelligence4 7b7 ,alignment with priorities ,the ,director shall ensure that collaborations supported under subsection 7a7 align with the priorities of the ,foundation and ,united ,states research community and have the potential to benefit ,united ,states prosperity1 security1 health1 and well-being4 7c7 ,requirements ,the ,director shall ensure that collaborations supported under subsection 7a7-- 7#a7 support innovation and advancement in research on the development and use of artificial intelligence2 7#b7 facilitate international collaboration on innovation and advancement in artificial intelligence research and development1 including data sharing1 expertise1 and resources2 and 7#c7 leverage existing ,national ,science ,foundation programs1 such as the ,national ,science ,foundation-supported ,national ,artificial ,intelligence ,research ,institutes and ,global ,centers programs4 7d7 ,coordination of security measures and export controls ,when entering into agreements in order to support collaborations pursuant to subsection 7a71 the ,director shall ensure that participating countries have developed and coordinated security measures and export controls to protect intellectual property and research and development4 ,c ,identifying regulatory barriers to innovation #aba4 ,comptroller ,general of the ,united ,states identification of risks and obstacles relating to artificial intelligence and ,federal agencies 7a7 ,report required ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on regulatory impediments to innovation in artificial intelligence systems4 7b7 ,contents ,the report submitted pursuant to subsection 7a7 shall include the following3 7#a7 ,significant examples of ,federal statutes and regulations that directly affect the innovation of artificial intelligence systems1 including the ability of companies of all sizes to compete in artificial intelligence1 which should also account for the effect of voluntary standards and best practices developed by the ,federal ,government4 7#b7 ,an assessment of challenges that ,federal agencies face in the enforcement of provisions of law identified pursuant to paragraph 7#a74 7#c7 ,an evaluation of the progress in government adoption of artificial intelligence and use of artificial intelligence to improve the quality of government services4 7#d7 ,based on the findings of the ,comptroller ,general with respect to paragraphs 7#a7 through 7#d71 such recommendations as the ,comptroller ,general may have for legislative or administrative action to increase the rate of innovation in artificial intelligence systems4 ,,ii ,artificial intelligence research1 development1 capacity building activities #bja4 ,public data for artificial intelligence systems 7a7 ,list of priorities 7#a7 ,in general ,to expedite the development of artificial intelligence systems in the ,united ,states1 the ,director of the ,office of ,science and ,technology ,policy shall1 acting through the ,national ,science and ,technology ,council and the ,interagency ,committee established or designated pursuant to section #eajc of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idac71 develop a list of priorities for ,federal investment in creating or improving curated1 publicly available ,federal ,government data for training and evaluating artificial intelligence systems4 7#b7 ,requirements 7,a7 ,in general ,the list developed pursuant to paragraph 7#a7 shall-- 7i7 prioritize data that will advance novel artificial intelligence systems in the public interest2 and 7ii7 prioritize datasets unlikely to independently receive sufficient private sector support to enable their creation1 absent ,federal funding4 7,b7 ,datasets identified ,in carrying out subparagraph 7,a77ii71 the ,director shall identify #bj datasets to be prioritized4 7#c7 ,considerations ,in developing the list under paragraph 7#a71 the ,director shall consider the following3 7,a7 ,applicability to the initial list of societal1 national1 and geostrategic challenges set forth by subsection 7b7 of section #ajchg of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aiajg71 or any successor list4 7,b7 ,applicability to the initial list of key technology focus areas set forth by subsection 7c7 of such section1 or any successor list4 7,c7 ,applicability to other major ,united ,states economic sectors1 such as agriculture1 health care1 transportation1 manufacturing1 communications1 weather services1 and positive utility to small and medium ,united ,states businesses4 7,d7 ,opportunities to improve datasets in effect before the date of the enactment of this ,act4 7,e7 ,inclusion of data representative of the entire population of the ,united ,states4 7,f7 ,potential national security threats to releasing datasets1 consistent with the ,united ,states ,government approach to data flows4 7,g7 ,requirements of laws in effect4 7,h7 ,applicability to the priorities listed in the ,national ,artificial ,intelligence ,research and ,development ,strategic ,plan of the ,national ,science and ,technology ,council1 dated ,october #bjaf4 7,i7 ,ability to use data already made available to the ,national ,artificial ,intelligence ,research ,resource ,pilot program or any successor program4 7#d7 ,public input ,before finalizing the list required by paragraph 7#a71 the ,director shall implement public comment procedures for receiving input and comment from private industry1 academia1 civil society1 and other relevant stakeholders4 7b7 ,national ,science and ,technology ,council agencies ,the head of each agency with a representative included in the ,interagency ,committee pursuant to section #eajc7;c7 of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idac7;c77 or the heads of multiple agencies with a representative included in the ,interagency ,committee working cooperatively1 consistent with the missions or responsibilities of each ,executive agency-- 7#a7 subject to the availability of appropriations1 shall award grants or otherwise establish incentives1 through new or existing programs1 for the creation or improvement of curated datasets identified in the list developed pursuant to subsection 7a77#a71 including methods for addressing data scarcity2 7#b7 may establish or leverage existing initiatives1 including public-private partnerships1 to encourage private sector cost-sharing in the creation or improvement of such datasets2 7#c7 may apply the priorities set forth in the list developed pursuant to subsection 7a77#a7 to the enactment of ,federal public access and open government data policies2 7#d7 in carrying out this subsection1 shall ensure consistency with ,federal provisions of law relating to privacy1 including the technology and privacy standards applied to the ,national ,secure ,data ,service under section #ajcge7;f7 of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aijhe7;f772 and 7#e7 in carrying out this subsection1 shall ensure data sharing is limited with any country that the ,secretary of ,commerce1 in consultation with the ,secretary of ,defense1 the ,secretary of ,state1 and the ,director of ,national ,intelligence1 determines to be engaged in conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7c7 ,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 #adaaj 7#hh ,fed4 ,reg4 #geaia2 relating to safe1 secure1 and trustworthy development and use of artificial intelligence71 or any successor program4 7d7 ,rule of construction ,nothing in this subsection shall be construed to require the ,federal ,government or other contributors to disclose any information-- 7#a7 relating to a trade secret or other protected intellectual property right2 7#b7 that is confidential business information2 or 7#c7 that is privileged4 #bjb4 ,federal grand challenges in artificial intelligence 7a7 ,list of priorities for ,federal grand challenges in artificial intelligence 7#a7 ,list required ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,science and ,technology ,policy shall1 acting through the ,national ,science and ,technology ,council and the ,interagency ,committee established or designated pursuant to section #eajc of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idac71 in consultation with industry1 civil society1 and academia1 establish a list of priorities for ,federal grand challenges in artificial intelligence that seek-- 7,a7 to expedite the development of artificial intelligence systems in the ,united ,states2 and 7,b7 to stimulate artificial intelligence research1 development1 and commercialization that solves or advances specific1 well-defined1 and measurable challenges4 7#b7 ,contents ,the list established pursuant to paragraph 7#a7 may include the following priorities3 7,a7 ,to overcome challenges with engineering of and applied research on microelectronics1 including through integration of artificial intelligence with emerging technologies1 such as machine learning and quantum computing1 or with respect to the physical limits on transistors1 electrical interconnects1 and memory elements4 7,b7 ,to promote transformational or long-term advancements in computing and artificial intelligence technologies through-- 7i7 next-generation algorithm design2 7ii7 next-generation compute capability2 7iii7 generative and adaptive artificial intelligence for design applications2 7iv7 photonics-based microprocessors and optical communication networks1 including electrophotonics2 7v7 the chemistry and physics of new materials2 7vi7 energy use or energy efficiency2 7vii7 techniques to establish cryptographically secure content provenance information2 or 7viii7 safety and controls for artificial intelligence applications4 7,c7 ,to develop artificial intelligence solutions1 including through integration among emerging technologies such as quantum computing and machine learning1 to overcome barriers relating to innovations in advanced manufacturing in the ,united ,states1 including areas such as-- 7i7 materials1 nanomaterials1 and composites2 7ii7 rapid1 complex design2 7iii7 sustainability and environmental impact of manufacturing operations2 7iv7 predictive maintenance of machinery2 7v7 improved part quality2 7vi7 process inspections2 7vii7 worker safety2 and 7viii7 robotics4 7,d7 ,to develop artificial intelligence solutions in sectors of the economy1 such as expanding the use of artificial intelligence in maritime vessels1 including in navigation and in the design of propulsion systems and fuels4 7,e7 ,to develop artificial intelligence solutions to improve border security1 including solutions relevant to the detection of fentanyl1 illicit contraband1 and other illegal activities4 7#c7 ,periodic updates ,the ,director shall update the list established pursuant to paragraph 7#a7 periodically as the ,director determines necessary4 7b7 ,federal investment initiatives required ,subject to the availability of appropriations1 the head of each agency with a representative on the ,interagency ,committee pursuant to section #eajc7;c7 of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idac7;c77 or the heads of multiple agencies with a representative on the ,interagency ,committee working cooperatively1 shall1 consistent with the missions or responsibilities of each agency1 establish #a or more prize competitions under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 challenge-based acquisitions1 or other research and development investments that each agency head deems appropriate consistent with the list of priorities established pursuant to subsection 7a77#a74 7c7 ,timing and announcements of ,federal investment initiatives ,the ,president1 acting through the ,director1 shall ensure that1 not later than #a year after the date on which the ,director establishes the list required by subsection 7a77#a71 at least #c prize competitions1 challenge-based acquisitions1 or other research and development investments are announced by heads of ,federal agencies under subsection 7b74 7d7 ,requirements ,each head of an agency carrying out an investment initiative under subsection 7b7 shall ensure that-- 7#a7 for each prize competition or investment initiative carried out by the agency under such subsection1 there is-- 7,a7 a positive impact on the economic competitiveness of the ,united ,states2 7,b7 a benefit to ,united ,states industry2 7,c7 to the extent possible1 leveraging of the resources and expertise of industry and philanthropic partners in shaping the investments2 and 7,d7 in a case involving development and manufacturing1 use of advanced manufacturing in the ,united ,states2 and 7#b7 all research conducted for purposes of the investment initiative is conducted in the ,united ,states4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,definitions4,,title ,i--,voluntary artificial intelligence standards1 metrics1 evaluation tools1 testbeds1 and international cooperation ,subtitle ,a--,artificial ,intelligence ,safety ,institute and testbeds,sec4 #aja4 ,artificial ,intelligence ,safety ,institute4,sec4 #ajb4 ,program on artificial intelligence testbeds4,sec4 #ajc4 ,national ,institute of ,standards and ,technology and ,department of ,energy testbed to identify1 test1 and synthesize new materials4,sec4 #ajd4 ,national ,science ,foundation and ,department of ,energy collaboration to make scientific discoveries through the use of artificial intelligence4,sec4 #aje4 ,progress report4,subtitle ,b--,international cooperation ,sec4 #aaa4 ,international coalition on innovation1 development1 and harmonization of standards with respect to artificial intelligence4,sec4 #aab4 ,requirement to support bilateral and multilateral artificial intelligence research collaborations4,subtitle ,c--,identifying regulatory barriers to innovation,sec4 #aba4 ,comptroller ,general of the ,united ,states identification of risks and obstacles relating to artificial intelligence and ,federal agencies4,,title ,,ii--,artificial intelligence research1 development1 capacity building activities,sec4 #bja4 ,public data for artificial intelligence systems4,sec4 #bjb4 ,federal grand challenges in artificial intelligence4,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,,title ,i--,voluntary artificial intelligence standards1 metrics1 evaluation tools1 testbeds1 and international cooperation ,sec4 #ajj4 ,definitions4,subtitle ,a--,artificial ,intelligence ,safety ,institute and testbeds,sec4 #aja4 ,artificial ,intelligence ,safety ,institute4,sec4 #ajb4 ,interagency coordination and program to facilitate artificial intelligence testbeds4,sec4 #ajc4 ,national ,institute of ,standards and ,technology and ,department of ,energy testbed to identify1 test1 and synthesize new materials4,sec4 #ajd4 ,coordination1 reimbursement1 and savings provisions4,sec4 #aje4 ,progress report4,subtitle ,b--,international cooperation ,sec4 #aaa4 ,international coalitions on innovation1 development1 and alignment of standards with respect to artificial intelligence4,subtitle ,c--,identifying regulatory barriers to innovation,sec4 #aba4 ,comptroller ,general of the ,united ,states identification of risks and obstacles relating to artificial intelligence and ,federal agencies4,,title ,,ii--,artificial intelligence research1 development1 capacity building activities,sec4 #bja4 ,public data for artificial intelligence systems4,sec4 #bjb4 ,federal grand challenges in artificial intelligence4,,title ,,iii--,research security and other matters,sec4 #cja4 ,research security4,sec4 #cjb4 ,expansion of authority to hire critical technical experts4,sec4 #cjc4 ,foundation for ,standards and ,metrology4,sec4 #cjd4 ,prohibition on certain policies relating to the use of artificial intelligence or other automated systems4,sec4 #cje4 ,certifications and audits of temporary fellows4 #b4 ,sense of ,congress ,it is the sense of ,congress that policies affecting artificial intelligence should maximize the potential1 development1 and use of artificial intelligence to benefit all private and public stakeholders4 ,i ,voluntary artificial intelligence standards1 metrics1 evaluation tools1 testbeds1 and international cooperation #ajj4 ,definitions ,in this title3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given such term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,artificial intelligence model ,the term artificial intelligence model means a component of an artificial intelligence system that is-- 7,a7 derived using mathematical1 computational1 statistical1 or machine-learning techniques2 and 7,b7 used as part of an artificial intelligence system to produce outputs from a given set of inputs4 7#c7 ,artificial intelligence system ,the term artificial intelligence system means an engineered or machine-based system that-- 7,a7 can1 for a given set of objectives1 generate outputs such as predictions1 recommendations1 or decisions influencing real or virtual environments2 and 7,b7 is designed to operate with varying levels of autonomy4 7#d7 ,critical infrastructure ,the term critical infrastructure has the meaning given such term in section #ajaf7;e7 of the ,uniting and ,strengthening ,america by ,providing ,appropriate ,tools ,required to ,intercept and ,obstruct ,terrorism 7,,usa ,,patriot ,,act7 ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7#e7 ,federal laboratory ,the term ,federal laboratory has the meaning given such term in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc74 7#f7 ,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 tasks4 7#g7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given such term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#h7 ,testbed ,the term testbed means a facility or mechanism equipped for conducting rigorous1 transparent1 and replicable testing of tools and technologies1 including artificial intelligence systems1 to help evaluate the functionality1 trustworthiness1 usability1 and performance of those tools or technologies4 ,a ,artificial ,intelligence ,safety ,institute and testbeds #aja4 ,artificial ,intelligence ,safety ,institute ,the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bga et seq47 is amended by inserting after section #bb;,a 7#ae ,u4,s4,c4 #bgh;h-#a7 the following3 #bb;,b4 ,artificial ,intelligence ,safety ,institute 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code4 7#b7 ,artificial intelligence ,the term artificial intelligence has the meaning given such term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,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 system4 7#d7 ,artificial intelligence red-teaming ,the term artificial intelligence red-teaming means structured adversarial testing efforts of an artificial intelligence system4 7#e7 ,federal laboratory ,the term ,federal laboratory has the meaning given such term in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc74 7#f7 ,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 tasks4 7#g7 ,synthetic content ,the term synthetic content means information1 such as images1 videos1 audio clips1 and text1 that has been significantly modified or generated by algorithms1 including by an artificial intelligence system4 7#h7 ,testbed ,the term testbed means a facility or mechanism equipped for conducting rigorous1 transparent1 and replicable testing of tools and technologies1 including artificial intelligence systems1 to help evaluate the functionality1 trustworthiness1 usability1 and performance of those tools or technologies4 7#i7 ,watermarking ,the term watermarking means the act of embedding information that is intended to be difficult to remove1 into outputs generated by artificial intelligence systems or in original content1 including outputs such as text1 images1 audio1 videos1 software code1 or any other digital content or data1 for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance1 modifications1 or conveyance4 7b7 ,establishment of ,artificial ,intelligence ,safety ,institute 7#a7 ,in general ,not later than #ij days after the date of the enactment of the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd1 the ,director shall establish an institute on artificial intelligence within the ,institute4 7#b7 ,designation ,the institute established pursuant to paragraph 7#a7 shall be known as the ,artificial ,intelligence ,safety ,institute4 7#c7 ,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 systems1 which may be contributed to or inform the work on such practices in standards development organizations4 7c7 ,functions 7#a7 ,in general ,the functions of the ,artificial ,intelligence ,safety ,institute1 which the ,artificial ,intelligence ,safety ,institute shall carry out in coordination with the laboratories of the ,institute1 include the following3 7,a7 ,using publicly available or voluntarily provided information1 assessing artificial intelligence systems and developing best practices for reliable and secure development1 deployment1 and use of artificial intelligence technology4 7,b7 ,supporting artificial intelligence red-teaming1 sharing best practices1 and coordinating on building testbeds and test environments with allies and international partners of the ,united ,states4 7,c7 ,developing and publishing physical and cybersecurity tools1 methodologies1 best practices1 voluntary guidelines1 and other supporting information to assist persons who maintain systems used to create or train artificial intelligence models with discovering and mitigating vulnerabilities and attacks1 including manipulation through data poisoning1 including those that may be exploited by foreign adversaries4 7,d7 ,establishing artificial intelligence blue-teaming capabilities to support mitigation approaches and partnering with industry to address the reliability of artificial intelligence systems4 7,e7 ,developing tools1 methodologies1 best practices1 and voluntary guidelines for detecting synthetic content1 authenticating content and tracking of the provenance of content1 labeling original and synthetic content1 such as by watermarking1 and evaluating software and systems relating to detection and labeling of synthetic content4 7,f7 ,coordinating or developing metrics and methodologies for testing artificial intelligence systems1 including the following3 7i7 ,cataloging existing artificial intelligence metrics and evaluation methodologies used in industry and academia4 7ii7 ,testing the efficacy of existing metrics and evaluations4 7,g7 ,coordinating with counterpart international institutions1 partners1 and allies1 to support global interoperability in the development of research and testing of standards relating to artificial intelligence4 7d7 ,artificial ,intelligence ,safety ,institute ,consortium 7#a7 ,establishment 7,a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall establish a consortium of stakeholders from academic or research communities1 ,federal laboratories1 private industry1 including companies of all sizes with different roles in the use of artificial intelligence systems1 including developers1 deployers1 evaluators1 users1 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 7c74 7,b7 ,designation ,the consortium established pursuant to subparagraph 7,a7 shall be known as the ,artificial ,intelligence ,safety ,institute ,consortium4 7#b7 ,consultation ,the ,director shall consult with the consortium established under this subsection not less frequently than quarterly4 7#c7 ,annual reports to ,congress ,not later than #a year after the date of the enactment of the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd and not less frequently than once each year thereafter1 the ,director shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 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 ,institute4 7e7 ,voluntary artificial intelligence testing standards ,in carrying out the functions under subsection 7c71 the ,director shall support and contribute to the development of voluntary1 consensus-based technical standards for testing artificial intelligence system components1 including by addressing1 as the ,director considers appropriate1 the following3 7#a7 ,physical infrastructure for training or developing artificial intelligence models and systems1 including cloud infrastructure4 7#b7 ,physical infrastructure for operating artificial intelligence systems1 including cloud infrastructure4 7#c7 ,data for training artificial intelligence models4 7#d7 ,data for evaluating the functionality and trustworthiness of trained artificial intelligence models and systems4 7#e7 ,trained or partially trained artificial intelligence models and any resulting software systems or products4 7#f7 ,human-in-the-loop testing of artificial intelligence models and systems4 7f7 ,matters relating to disclosure and access 7#a7 ,,foia exemption ,any confidential content1 as deemed confidential by the contributing private sector person1 shall be exempt from public disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code4 7#b7 ,limitation on access to content ,access to a contributing private sector person's voluntarily provided confidential content1 as deemed confidential by the contributing private sector person shall be limited to the private sector person and the ,artificial ,intelligence ,safety ,institute4 7#c7 ,aggregated information ,the ,director may make aggregated1 deidentified information available to contributing companies1 the public1 and other agencies1 as the ,director considers appropriate1 in support of the purposes of this section4 7g7 ,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 #bjbd4 7h7 ,prohibition on access to resources for entities under control of certain foreign governments 7#a7 ,in general ,an entity under the ownership1 control1 or influence of the government of a covered nation may not access any of the resources of the ,artificial ,intelligence ,safety ,institute4 7#b7 ,criteria for identification ,the ,director1 working with the heads of the relevant ,federal agencies1 shall establish criteria to determine if any entity that seeks to utilize the resources of the ,artificial ,intelligence ,safety ,institute is under the ownership1 control1 or influence of the government of a covered nation4 7#c7 ,definitions ,in this subsection3 7,a7 ,covered nation ,the term covered nation has the meaning given that term in section #dhgb of title #aj1 ,united ,states ,code4 7,b7 ,ownership1 control1 or influence of the government of a covered nation ,the term ownership1 control1 or influence of the government of a covered nation1 with respect to an entity1 means the government of a covered nation-- 7i7 has the power to direct or decide matters affecting the entity's management or operations in a manner that could-- 7,i7 result in unauthorized access to classified information2 or 7,,ii7 adversely affect performance of a contract or agreement requiring access to classified information2 and 7ii7 exercises that power-- 7,i7 directly or indirectly2 7,,ii7 through ownership of the entity's securities1 by contractual arrangements1 or other similar means2 7,,iii7 by the ability to control or influence the election or appointment of one or more members to the entity's governing board 7such as the board of directors1 board of managers1 or board of trustees7 or its equivalent2 or 7,,iv7 prospectively 7such as by not currently exercising the power1 but could74 4 #ajb4 ,interagency coordination and program to facilitate artificial intelligence testbeds 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7#b7 ,director ,the term ,director means the ,director of the ,national ,science ,foundation4 7#c7 ,institute ,the term ,institute means the ,national ,institute of ,standards and ,technology4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7#e7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,standards and ,technology4 7b7 ,program required ,not later than #a year after the date of the enactment of this ,act1 the ,under ,secretary and the ,secretary1 in coordination with the ,director1 shall jointly establish a testbed program to encourage collaboration and support partnerships between the ,national ,laboratories1 ,federal laboratories1 the ,national ,institute of ,standards and ,technology1 the ,national ,artificial ,intelligence ,research ,resource pilot program established by the ,director1 or any successor program1 and public and private sector entities1 including companies of all sizes1 to conduct tests1 evaluations1 and security or vulnerability risk assessments1 and to support research and development1 of artificial intelligence systems1 including measurement methodologies developed by the ,institute1 in order to develop standards and encourage development of a third-party ecosystem4 7c7 ,activities ,in carrying out the program required by subsection 7b71 the ,under ,secretary and the ,secretary-- 7#a7 may use the advanced computing resources1 testbeds1 and expertise of the ,national ,laboratories1 ,federal laboratories1 the ,institute1 the ,national ,science ,foundation1 and private sector entities to run tests and evaluations on the capabilities and limitations of artificial intelligence systems2 7#b7 shall use existing solutions to the maximum extent practicable2 7#c7 shall develop automated and reproducible tests and evaluations for artificial intelligence systems to the extent that is practicable2 7#d7 shall assess the computational resources necessary to run tests and evaluations of artificial intelligence systems2 7#e7 shall research methods to effectively minimize the computational resources needed to run tests1 evaluations1 and security assessments of artificial intelligence systems2 7#f7 shall where practicable1 develop tests and evaluations for artificial intelligence systems that are designed for high-1 medium-1 and low-computational intensity2 and 7#g7 shall prioritize assessments by identifying security vulnerabilities of artificial intelligence systems1 including the establishment of and utilization of existing classified testbeds1 at the ,national ,laboratories if necessary1 including with respect to-- 7,a7 autonomous offensive cyber capabilities2 7,b7 cybersecurity vulnerabilities in the artificial intelligence software ecosystem and beyond2 7,c7 chemical1 biological1 radiological1 nuclear1 critical infrastructure1 and energy-security threats or hazards2 and 7,d7 such other capabilities as the ,under ,secretary or the ,secretary determines necessary4 7d7 ,consideration given ,in carrying out the activities required by subsection 7c71 the ,under ,secretary and the ,secretary shall take under consideration the applicability of any tests1 evaluations1 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 weapon1 including those systems used for gene synthesis4 7e7 ,metrics ,the ,under ,secretary and the ,secretary shall jointly develop metrics to assess-- 7#a7 the effectiveness of the program in encouraging collaboration and supporting partnerships as described in subsection 7b72 and 7#b7 the impact of the program on public and private sector integration and use of artificial intelligence systems4 7f7 ,use of existing program ,in carrying out the program required by subsection 7b71 the ,under ,secretary1 the ,secretary1 and the ,director may use a program that was in effect on the day before the date of the enactment of this ,act4 7g7 ,evaluation and findings ,not later than #c years after the start of the program required by subsection 7b71 the ,under ,secretary and the ,secretary shall jointly-- 7#a7 evaluate the success of the program in encouraging collaboration and supporting partnerships as described in subsection 7b71 using the metrics developed pursuant to subsection 7e72 7#b7 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 7e72 and 7#c7 submit to the appropriate committees of ,congress the evaluation supported pursuant to paragraph 7#a7 and the findings of the ,under ,secretary1 the ,secretary1 and the ,director with respect to the testbed program4 7h7 ,consultation ,in carrying out subsection 7b71 the ,under ,secretary and the ,secretary shall consult1 as the ,under ,secretary and the ,secretary consider appropriate1 with the following3 7#a7 ,industry1 including private artificial intelligence laboratories1 companies of all sizes1 and representatives from the ,united ,states financial sector4 7#b7 ,academia and institutions of higher education4 7#c7 ,civil society4 7i7 ,establishment of voluntary foundation models test program ,in carrying out the program under subsection 7b71 the ,under ,secretary and the ,secretary shall1 jointly carry out a test program to provide vendors of foundation models1 as well as vendors of artificial intelligence virtual agents and robots that incorporate foundation models1 the opportunity to voluntarily test foundation models across a range of modalities1 such as models that ingest and output text1 images1 audio1 video1 software code1 and mixed modalities4 7j7 ,matters relating to disclosure and access 7#a7 ,limitation on access to content ,access to a contributing private sector person's voluntarily provided confidential content1 as deemed confidential by the contributing private sector person1 shall be limited to the contributing private sector person and the ,institute4 7#b7 ,aggregated information ,the ,under ,secretary and the ,secretary may make aggregated1 deidentified information available to contributing companies1 the public1 and other agencies1 as the ,under ,secretary considers appropriate1 in support of the purposes of this section4 7#c7 ,,foia exemption ,any confidential content1 as deemed confidential by the contributing private sector person1 shall be exempt from public disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code4 7k7 ,rule of construction ,nothing in this section shall be construed to require a person to disclose any information1 including information-- 7#a7 relating to a trade secret or other protected intellectual property right2 7#b7 that is confidential business information2 or 7#c7 that is privileged4 7l7 ,sunset ,the programs required by subsections 7b7 and 7i7 and the requirements of this section shall terminate on the date that is #g years after the date of the enactment of this ,act4 #ajc4 ,national ,institute of ,standards and ,technology and ,department of ,energy testbed to identify1 test1 and synthesize new materials 7a7 ,in general ,the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,standards and ,technology1 and the ,secretary of ,energy may use the program established under section #ajb7;b7 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 intelligence1 autonomous laboratories1 and artificial intelligence integrated with emerging technologies1 such as quantum hybrid computing and robotics4 7b7 ,support for accelerated technologies ,the ,secretary of ,commerce and the ,secretary of ,energy shall ensure that technologies accelerated under subsection 7a7 are supported by advanced algorithms and models1 uncertainty quantification1 and software and workforce development tools to produce benchmark data1 model comparison tools1 and best practices guides4 7c7 ,public-private partnerships ,in carrying out subsection 7a71 the ,secretary of ,commerce and the ,secretary of ,energy shall1 in consultation with industry1 civil society1 and academia1 enter into such public-private partnerships as the ,secretaries jointly determine appropriate4 7d7 ,resources ,in carrying out this section1 the ,secretaries may-- 7#a7 use science and technology resources from the ,manufacturing ,,usa ,program1 the ,hollings ,manufacturing ,extension ,partnership1 the ,national ,laboratories1 ,federal laboratories1 and the private sector2 and 7#b7 the program established under section #ajb7;b74 #ajd4 ,coordination1 reimbursement1 and savings provisions 7a7 ,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-- 7#a7 research entities of the ,department of ,energy1 including-- 7,a7 the ,national ,laboratories2 and 7,b7 the ,advanced ,scientific ,computing ,research program2 and 7#b7 relevant industries4 7b7 ,national laboratory resources ,any advanced computing resources1 testbeds1 expertise1 or other resources of the ,department of ,energy or the ,national ,laboratories that are provided to the ,national ,science ,foundation1 the ,national ,institute of ,standards and ,technology1 or any other applicable entities under this subtitle shall be provided-- 7#a7 on a reimbursable basis2 and 7#b7 pursuant to a reimbursable agreement4 7c7 ,waiver ,the ,secretary may waive the requirements set forth in subsection 7b7 if the ,secretary determines the waiver is necessary or appropriate to carry out the missions of the ,department of ,commerce4 7d7 ,savings provision ,nothing in this subtitle shall be construed-- 7#a7 to modify any requirement or authority provided under section #eeja of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idfa72 or 7#b7 to allow the ,secretary of ,commerce 7including the ,under ,secretary of ,commerce for ,standards and ,technology or the ,director of the ,artificial ,intelligence ,safety ,institute7 or the ,director of the ,national ,science ,foundation to use monetary resources of the ,department of ,energy or any ,national ,laboratory4 #aje4 ,progress report 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,under ,secretary of ,commerce for ,standards and ,technology shall1 in coordination with the ,secretary of ,commerce and the ,secretary of ,energy1 submit to ,congress a report on the implementation of sections #ajb and #ajc4 7b7 ,contents ,the report submitted pursuant to subsection 7a7 shall include the following3 7#a7 ,a description of the reimbursable agreements1 statements of work1 and associated project schedules and deliverables for the testbed program established pursuant to section #ajb7;b7 and section #ajc7;a74 7#b7 ,details on the total amount of reimbursable agreements entered into pursuant to section #ajd7;b74 7#c7 ,such additional information as the ,under ,secretary determines appropriate4 ,b ,international cooperation #aaa4 ,international coalitions on innovation1 development1 and alignment of standards with respect to artificial intelligence 7a7 ,in general ,the ,under ,secretary of ,commerce for ,standards and ,technology 7in this section referred to as the ,under ,secretary7 and the ,secretary of ,energy 7in this section referred to as the ,secretary7 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 intelligence4 7b7 ,requirements ,to support private sector-led engagement and ensure effective ,federal engagement in the development and use of international technical standards for artificial intelligence1 the ,under ,secretary shall seek to form alliances or coalitions with like-minded governments of foreign countries-- 7#a7 to support the private sector-led development and adoption of standards or alignment with respect to artificial intelligence2 7#b7 to encourage the adoption of technical standards developed in the ,united ,states to be adopted by international standards organizations2 7#c7 to facilitate international collaboration on innovation1 science1 and advancement in artificial intelligence research and development1 including data sharing1 expertise1 and resources2 and 7#d7 to develop the government-to-government infrastructure to support the activities described in paragraphs 7#a7 through 7#c71 using existing bilateral and multilateral agreements to the extent practicable4 7c7 ,criteria for participation ,in forming an alliance or coalition of like-minded governments of foreign countries under subsection 7b71 the ,secretary of ,commerce1 the ,secretary of ,energy1 the ,secretary of ,state1 and the ,director1 in consultation with the heads of relevant agencies1 shall jointly establish technology trust criteria-- 7#a7 to ensure all partner countries have a high level of scientific and technological advancement2 and 7#b7 to support the principles for international standards development as detailed in the ,committee ,decision on ,world ,trade ,organization ,agreement on ,technical ,barriers to ,trade 7,annex #b of ,part #a of ,g_/,,tbt_/#a71 on international standards1 such as transparency1 openness1 and consensus-based decision-making4 7d7 ,consultation on innovation and advancements in artificial intelligence ,in forming an alliance or coalition under subsection 7b71 the ,director1 the ,secretary of ,commerce1 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 intelligence4 7e7 ,security and protection of intellectual property ,the ,director1 the ,secretary of ,commerce1 the ,secretary of ,energy1 and the ,secretary of ,state shall jointly ensure that an alliance or coalition formed under subsection 7b7 is only undertaken with countries that-- 7#a7 have in place sufficient intellectual property protections1 safety standards1 and risk management approaches relevant to innovation and artificial intelligence2 and 7#b7 develop and coordinate research security measures1 export controls1 and intellectual property protections relevant to innovation1 development1 and standard-setting relating to artificial intelligence4 7f7 ,limitation on eligibility of the ,people's ,republic of ,china 7#a7 ,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 7b7 until the ,united ,states ,trade ,representative determines in a report to ,congress required by section #dba of the ,u4,s4-,china ,relations ,act of #bjjj 7#bb ,u4,s4,c4 #fiea7 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 ,organization4 7#b7 ,report required ,upon the submission of a report described in paragraph 7#a71 the officials specified in paragraph 7#c7 shall jointly submit to ,congress a report that includes the following3 7,a7 ,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 ,states4 7,b7 ,an assessment of the risks and potential effects of such coordination1 including any potential for the transfer under an alliance or coalition described in paragraph 7#a7 of technology or intellectual property capable of harming the national security interests of the ,united ,states4 7,c7 ,a detailed justification for how the officials specified in paragraph 7#c7 intend to address human rights concerns in any scientific and technology collaboration proposed to be conducted by such an alliance or coalition4 7,d7 ,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 coalition4 7,e7 ,such other information relating to such an alliance or coalition as those officials consider appropriate4 7#c7 ,officials specified ,the officials specified in this paragraph are the following3 7,a7 ,the ,director4 7,b7 ,the ,secretary of ,commerce4 7,c7 ,the ,secretary of ,energy4 7,d7 ,the ,secretary of ,state4 7g7 ,rule of construction ,nothing in this section shall be construed-- 7#a7 to prohibit a person 7as defined in section #eea of title #e1 ,united ,states ,code7 from participating in an international standards body2 or 7#b7 to constrain separate engagement with emerging economies on artificial intelligence4 ,c ,identifying regulatory barriers to innovation #aba4 ,comptroller ,general of the ,united ,states identification of risks and obstacles relating to artificial intelligence and ,federal agencies 7a7 ,report required ,not later than #a year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on regulatory impediments to innovation in artificial intelligence systems4 7b7 ,contents ,the report submitted pursuant to subsection 7a7 shall include the following3 7#a7 ,significant examples of ,federal statutes and regulations that directly affect the innovation of artificial intelligence systems1 including the ability of companies of all sizes to compete in artificial intelligence1 which should also account for the effect of voluntary standards and best practices developed with contributions from the ,federal ,government4 7#b7 ,an evaluation of the progress in government adoption of artificial intelligence and use of artificial intelligence to improve the quality of government services4 7#c7 ,based on the findings of the ,comptroller ,general with respect to paragraphs 7#a7 and 7#b71 such recommendations as the ,comptroller ,general may have for legislative or administrative action to increase the rate of innovation in artificial intelligence systems4 ,,ii ,artificial intelligence research1 development1 capacity building activities #bja4 ,public data for artificial intelligence systems 7a7 ,in general ,title ,,li of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idaa et seq47 is amended by adding at the end the following new section3 #eajc;,a4 ,public data for artificial intelligence systems 7a7 ,list of priorities 7#a7 ,in general ,to expedite the development of artificial intelligence systems in the ,united ,states1 the ,director of the ,office of ,science and ,technology ,policy 7in this section referred to as the ,director7 shall1 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 #cae of title #e1 ,united ,states ,code1 develop a list of priorities for ,federal investment in creating or improving curated1 publicly available ,federal ,government data for training and evaluating artificial intelligence systems and identify an appropriate location to host curated datasets4 7#b7 ,requirements 7,a7 ,in general ,the list developed pursuant to paragraph 7#a7 shall-- 7i7 prioritize data that will advance novel artificial intelligence systems in the public interest2 and 7ii7 prioritize datasets unlikely to independently receive sufficient private sector support to enable their creation1 absent ,federal funding4 7,b7 ,datasets identified ,in carrying out subparagraph 7,a77ii71 the ,director shall identify #bj datasets to be prioritized4 7#c7 ,considerations ,in developing the list under paragraph 7#a71 the ,director shall consider the following3 7,a7 ,applicability to the initial list of societal1 national1 and geostrategic challenges set forth by subsection 7b7 of section #ajchg of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aiajg71 or any successor list4 7,b7 ,applicability to the initial list of key technology focus areas set forth by subsection 7c7 of such section1 or any successor list4 7,c7 ,applicability to other major ,united ,states economic sectors1 such as agriculture1 health care1 transportation1 manufacturing1 communications1 weather services1 and positive utility to small- and medium-sized ,united ,states businesses4 7,d7 ,opportunities to improve datasets in effect before the date of the enactment of the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd4 7,e7 ,inclusion of data representative of the entire population of the ,united ,states4 7,f7 ,potential national security threats to releasing datasets1 consistent with the ,united ,states ,government approach to data flows4 7,g7 ,requirements of laws in effect4 7,h7 ,applicability to the priorities listed in the ,national ,artificial ,intelligence ,research and ,development ,strategic ,plan of the ,national ,science and ,technology ,council1 dated ,october #bjaf4 7,i7 ,ability to use data already made available to the ,national ,artificial ,intelligence ,research ,resource ,pilot program or any successor program4 7,j7 ,coordination with other ,federal open data efforts1 as applicable4 7#d7 ,public input ,before finalizing the list required by paragraph 7#a71 the ,director shall implement public comment procedures for receiving input and comment from private industry1 academia1 civil society1 and other relevant stakeholders4 7b7 ,interagency ,committee ,in carrying out this section1 the ,interagency ,committee-- 7#a7 may establish or leverage existing initiatives1 including through public-private partnerships1 for the creation or improvement of curated datasets identified in the list developed pursuant to subsection 7a77#a71 including methods for addressing data scarcity2 7#b7 may apply the priorities set forth in the list developed pursuant to subsection 7a77#a7 to the enactment of ,federal public access and open government data policies2 7#c7 shall ensure consistency with ,federal provisions of law relating to privacy1 including the technology and privacy standards applied to the ,national ,secure ,data ,service under section #ajcge7;f7 of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aijhe7;f772 and 7#d7 shall ensure that no data sharing is permitted with any country that the ,secretary of ,commerce1 in consultation with the ,secretary of ,defense1 the ,secretary of ,state1 the ,secretary of ,energy1 and the ,director of ,national ,intelligence1 determines to be engaged in conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7c7 ,availability of datasets ,datasets that are created or improved pursuant to this section-- 7#a7 shall1 in the case of a dataset created or improved by a ,federal agency1 be made available to the comprehensive data inventory developed and maintained by the ,federal agency pursuant to section #ceaa7;a7 of title #dd1 ,united ,states ,code1 in accordance with all applicable regulations2 and 7#b7 may be made available to the ,national ,artificial ,intelligence ,research ,resource pilot program established by the ,director of the ,national ,science ,foundation1 and the applicable programs established by the ,department of ,energy1 in accordance with ,executive ,order #adaaj 7#hh ,fed4 ,reg4 #geaia2 relating to safe1 secure1 and trustworthy development and use of artificial intelligence71 or any successor program4 7d7 ,report ,not later than #a year after the date of the enactment of the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd1 the ,director shall1 acting through the ,national ,science and ,technology ,council and the ,interagency ,committee1 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report that includes-- 7#a7 best practices in developing publicly curated artificial intelligence datasets2 7#b7 lessons learned and challenges encountered in developing the curated artificial intelligence datasets2 7#c7 principles used for artificial intelligence-ready data2 and 7#d7 recommendations related to artificial intelligence-ready data standards and potential processes for development of such standards4 7e7 ,rules of construction 7#a7 ,in general ,nothing in this section shall be construed to require the ,federal ,government or other contributors to disclose any information-- 7,a7 relating to a trade secret or other protected intellectual property right2 7,b7 that is confidential business information2 or 7,c7 that is privileged4 7#b7 ,disclosure to public datasets ,except as specifically provided for in this section1 nothing in this section shall be construed to prohibit the head of a ,federal agency from withholding information from a public dataset4 4 7b7 ,clerical amendments ,the table of contents at the beginning of section #b of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 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 #eajc the following new item3 #eajc;,a4 ,public data for artificial intelligence systems4 4 #bjb4 ,federal grand challenges in artificial intelligence 7a7 ,in general ,title ,,li of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idaa et seq471 as amended by section #bja1 is further amended by adding at the end the following new section3 #eajg4 ,federal grand challenges in artificial intelligence 7a7 ,establishment of program 7#a7 ,in general ,not later than #a year after the date of the enactment of the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd1 the ,director of the ,office of ,science and ,technology ,policy 7acting through the ,national ,science and ,technology ,council7 and the ,interagency ,committee may establish a program to award prizes1 using the authorities and processes established under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 to eligible participants as determined by the co-chairs of the ,interagency ,committee pursuant to subsection 7e74 7#b7 ,purposes ,the purposes of the program required by paragraph 7#a7 are as follows3 7,a7 ,to expedite the development of artificial intelligence systems in the ,united ,states4 7,b7 ,to stimulate artificial intelligence research1 development1 and commercialization that solves or advances specific1 well-defined1 and measurable challenges in #a or more of the categories established pursuant to subsection 7b74 7b7 ,federal grand challenges in artificial intelligence 7#a7 ,list of priorities ,the ,director of the ,office of ,science and ,technology ,policy 7acting through the ,national ,science and ,technology ,council7 and the ,interagency ,committee and in consultation with industry1 civil society1 and academia1 identify1 and annually review and update as the ,director considers appropriate1 a list of priorities for ,federal grand challenges in artificial intelligence pursuant to the purposes set forth under subsection 7a77#b74 7#b7 ,initial list 7,a7 ,contents ,the list established pursuant to paragraph 7#a7 may include the following priorities3 7i7 ,to overcome challenges with engineering of and applied research on microelectronics1 including through integration of artificial intelligence with emerging technologies1 such as neuromorphic and quantum computing1 or with respect to the physical limits on transistors1 advanced interconnects1 and memory elements4 7ii7 ,to promote transformational or long-term advancements in computing and artificial intelligence technologies through-- 7,i7 next-generation algorithm design2 7,,ii7 next-generation compute capability2 7,,iii7 generative and adaptive artificial intelligence for design applications2 7,,iv7 photonics-based microprocessors and optical communication networks1 including electrophotonics2 7,v7 the chemistry and physics of new materials2 7,,vi7 energy use or energy efficiency2 7,,vii7 techniques to establish cryptographically secure content provenance information2 or 7,,viii7 safety and controls for artificial intelligence applications4 7iii7 ,to promote explainability and mechanistic interpretability of artificial intelligence systems4 7iv7 ,to develop artificial intelligence solutions1 including through integration among emerging technologies such as neuromorphic and quantum computing to overcome barriers relating to innovations in advanced manufacturing in the ,united ,states1 including areas such as-- 7,i7 materials1 nanomaterials1 and composites2 7,,ii7 rapid1 complex design2 7,,iii7 sustainability and environmental impact of manufacturing operations2 7,,iv7 predictive maintenance of machinery2 7,v7 improved part quality2 7,,vi7 process inspections2 7,,vii7 worker safety2 and 7,,viii7 robotics4 7v7 ,to develop artificial intelligence solutions in sectors of the economy1 such as expanding the use of artificial intelligence in maritime vessels1 including in navigation and in the design of propulsion systems and fuels4 7vi7 ,to develop artificial intelligence solutions to improve border security1 including solutions relevant to the detection of fentanyl1 illicit contraband1 and other illegal activities4 7vii7 ,to develop artificial intelligence for science applications4 7viii7 ,to develop cybersecurity for artificial intelligence-related intellectual property1 such as artificial intelligence systems and artificial intelligence algorithms4 7ix7 ,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 bases4 7#c7 ,consultation on identification and selection of grand challenges ,the ,director of the ,office of ,science and ,technology ,policy1 the ,director of the ,national ,institute of ,standards and ,technology1 the ,director of the ,defense ,advanced ,research ,projects ,agency1 such agency heads as the ,director of the ,office of ,science and ,technology ,policy considers relevant1 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 7a74 7#d7 ,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 7a74 7#e7 ,problem statements2 success metrics ,for each priority for a ,federal grand challenge identified under paragraph 7#a7 and the grand challenges identified and selected under paragraph 7#c71 the ,director of the ,office of ,science and ,technology ,policy shall-- 7,a7 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 ,challenge4gov1 or successor website1 that is managed by the ,general ,services ,administration2 and 7,b7 establish and publish on the website ,challenge4gov1 or successor website1 clear targets1 success metrics1 and validation protocols for the prize competitions designed to address each grand challenge1 in order to provide specific benchmarks that will be used to evaluate submissions to the prize competition4 7c7 ,federal investment initiatives authorized ,subject to the availability of amounts appropriated for this purpose1 the ,secretary of ,commerce1 the ,secretary of ,transportation1 the ,director of the ,national ,science ,foundation may1 consistent with the missions or responsibilities of each ,federal agency1 establish #a or more prize competitions under section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai71 challenge-based acquisitions1 or other research and development investments that each agency head deems appropriate consistent with the list of priorities established pursuant to subsection 7b77#a74 7d7 ,requirements 7#a7 ,in general ,the ,director of the ,office of ,science and ,technology ,policy shall develop requirements for-- 7,a7 the process for prize competitions under subsections 7a7 and 7c71 including eligibility criteria for participants1 consistent with the requirements under paragraph 7#b72 and 7,b7 testing1 judging1 and verification procedures for submissions to receive a prize award under subsection 7c74 7#b7 ,eligibility requirement and judging 7,a7 ,eligibility ,in accordance with the requirement described in section #bd7;g77#c7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7;g77#c771 a recipient of a prize award under subsection 7c7-- 7i7 that is a private entity shall be incorporated in and maintain a primary place of business in the ,united ,states2 and 7ii7 who is an individual1 whether participating singly or in a group1 shall be a citizen or permanent resident of the ,united ,states4 7,b7 ,judges ,in accordance with section #bd7k7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7k771 a judge of a prize competition under subsection 7c7 may be an individual from the private sector4 7#c7 ,agency leadership ,each agency head carrying out an investment initiative under subsection 7c7 shall ensure that-- 7,a7 for each prize competition or investment initiative carried out by the agency head under such subsection1 there is-- 7i7 a positive impact on the economic competitiveness of the ,united ,states2 7ii7 a benefit to ,united ,states industry2 7iii7 to the extent possible1 leveraging of the resources and expertise of industry and philanthropic partners in shaping the investments2 and 7iv7 in a case involving development and manufacturing1 use of advanced manufacturing in the ,united ,states2 and 7,b7 all research conducted for purposes of the investment initiative is conducted in the ,united ,states4 7e7 ,reports 7#a7 ,notification of winning submission ,not later than #fj days after the date on which a prize is awarded under subsection 7c71 the agency head awarding the prize shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 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 ,states4 7#b7 ,biennial report 7,a7 ,in general ,not later than #b years after the date of the enactment of the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd1 and biennially thereafter1 the heads of agencies described in subsection 7c7 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and such other committees of ,congress as the agency heads consider relevant a report that includes-- 7i7 a description of the activities carried out by the agency heads under this section2 7ii7 a description of the active competitions and the results of completed competitions under subsection 7c72 and 7iii7 efforts to provide information to the public on active competitions under subsection 7c7 to encourage participation4 7,b7 ,public accessibility ,the agency heads described in subsection 7c7 shall make the biennial report required under subparagraph 7,a7 publicly accessible1 including by posting the biennial report on a website in an easily accessible location1 such as the ,gov,info website of the ,government ,publishing ,office4 7f7 ,accessibility ,in carrying out any competition under subsection 7c71 the head of an agency shall post the active prize competitions and available prize awards under subsection 7b7 to ,challenge4gov1 or successor website1 after the grand challenges are selected and the prize competitions are designed pursuant to subsections 7c7 and 7e7 to ensure the prize competitions are widely accessible to eligible participants4 7g7 ,sunset ,this section shall terminate on the date that is #e years after the date of the enactment the ,future of ,artificial ,intelligence ,innovation ,act of #bjbd4 4 7b7 ,comptroller ,general of the ,united ,states studies and reports 7#a7 ,initial study 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study of ,federal prize competitions1 which shall include an assessment of the efficacy and impact of prize competitions generally4 7,b7 ,elements ,the study conducted under subparagraph 7,a7 shall include1 to the extent practicable1 the following3 7i7 ,a survey of all existing1 current and ongoing ,federal prize competitions carried out under authorities enacted before the date of the enactment of this ,act4 7ii7 ,an assessment of those existing1 current1 and ongoing ,federal prize competitions that includes addressing-- 7,i7 whether and what technology or innovation would have been developed in the absence of the prize competitions2 7,,ii7 whether the prize competitions shortened the timeframe for the development of the technology or innovation2 7,,iii7 whether the prize competition was cost effective2 7,,iv7 what1 if any1 other benefits were gained from conducting the prize competitions2 7,v7 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 innovation2 7,,vi7 whether prize competitions might be designed differently in a way that would result in a more effective or revolutionary technology being developed2 7,,vii7 what are appropriate metrics that could be used for determining the success of a prize competition1 and whether those metrics differ when evaluating near-term and long-term impacts of prize competitions2 and 7,,viii7 suggested best practices of prize competitions4 7,c7 ,congressional briefing ,not later than #edj days after the date of the enactment of this ,act1 the ,comptroller ,general shall provide the ,committee on ,science1 ,space1 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 7,a74 7,d7 ,report ,not later than #edj days after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the congressional committees specified in subparagraph 7,c7 a report on the findings and recommendations of ,comptroller ,general from the study conducted under subparagraph 7,a74 7#b7 ,interim study 7,a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study of the ,federal prize challenges implemented under section #eajh of the of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj1 as added by subsection 7a71 which shall include an assessment of the efficacy and effect of such prize competitions4 7,b7 ,elements ,the study conducted under subparagraph 7,a7 shall include1 to the extent practicable1 the following3 7i7 ,a survey of all ,federal prize competitions implemented under section #eajh of the of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj1 as added by subsection 7a74 7ii7 ,an assessment of the ,federal prize competitions implemented such section1 which shall include addressing the same considerations as set forth under paragraph 7#a77;,b77ii74 7iii7 ,an assessment of the efficacy1 impact1 and cost-effectiveness of prize competitions implemented under section #eajh of the of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj1 as added by subsection 7a71 compared to other ,federal prize competitions4 7,c7 ,congressional briefing ,not later than #a year after completing the study required by subparagraph 7,a71 the ,comptroller ,general shall provide the ,committee on ,science1 ,space1 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 7,a74 7,d7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general shall submit to the congressional committees specified in subparagraph 7,c7 a report on the findings and recommendations of the ,comptroller ,general with respect to the study conducted under subparagraph 7,a74 7c7 ,clerical amendments ,the table of contents at the beginning of section #b of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba and the table of contents at the beginning of title ,,li of such ,act1 as amended by section #bja1 are both amended by inserting after the items relating to section #eajg the following new item3 #eajg4 ,federal grand challenges in artificial intelligence4 4 ,,iii ,research security and other matters #cja4 ,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 ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aibca et seq42 enacted as part of division ,b of ,public ,law #aag-afg7 and section #bbc of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#db ,u4,s4,c4 #ffje74 #cjb4 ,expansion of authority to hire critical technical experts 7a7 ,in general ,subsection 7b7 of section #f of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bge7 is amended1 in the second sentence1 by striking #ae and inserting 8#cj 7b7 ,modification of sunset ,subsection 7c7 of such section is amended by striking under section 7b7 shall expire on the date that is #e years after the date of the enactment of this section and inserting under subsection 7b7 shall expire on ,december #cj1 #bjce4 #cjc4 ,foundation for ,standards and ,metrology 7a7 ,in general ,subtitle ,b of title ,,ii of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #ahica et seq42 relating to measurement research of the ,national ,institute of ,standards and ,technology for the future2 enacted as part of division ,b of ,public ,law #aag-afg7 is amended by adding at the end the following new section3 #ajbcf4 ,foundation for ,standards and ,metrology 7a7 ,establishment ,the ,secretary1 acting through the ,director1 shall establish a nonprofit corporation to be known as the ,foundation for ,standards and ,metrology4 7b7 ,mission ,the mission of the ,foundation shall be to-- 7#a7 support the ,institute in carrying out its activities and mission to advance measurement science1 technical standards1 and technology in ways that enhance the economic security and prosperity of the ,united ,states2 and 7#b7 advance collaboration with researchers1 institutions of higher education1 industry1 and nonprofit and philanthropic organizations to accelerate the development of technical standards1 measurement science1 and the commercialization of emerging technologies in the ,united ,states4 7c7 ,activities ,in carrying out its mission under subsection 7b71 the ,foundation may carry out the following3 7#a7 ,support international metrology and technical standards engagement activities4 7#b7 ,support studies1 projects1 and research on metrology and the development of benchmarks and technical standards infrastructure across the ,institute's mission areas4 7#c7 ,advance collaboration between the ,institute and researchers1 industry1 nonprofit and philanthropic organizations1 institutions of higher education1 federally funded research and development centers1 and ,state1 ,tribal1 and local governments4 7#d7 ,support the expansion and improvement of research facilities and infrastructure at the ,institute to advance the development of emerging technologies4 7#e7 ,support the commercialization of federally funded research4 7#f7 ,conduct education and outreach activities4 7#g7 ,offer direct support to ,,nist associates1 including through the provision of fellowships1 grants1 stipends1 travel1 health insurance1 professional development training1 housing1 technical and administrative assistance1 recognition awards for outstanding performance1 and occupational safety and awareness training and support1 and other appropriate expenditures4 7#h7 ,conduct such other activities as determined necessary by the ,foundation to carry out its mission4 7d7 ,authority of the foundation ,the ,foundation shall be the sole entity responsible for carrying out the activities described in subsection 7c74 7e7 ,stakeholder engagement ,the ,foundation shall convene1 and may consult with1 representatives from the ,institute1 institutions of higher education1 the private sector1 non-profit organizations1 and commercialization organizations to develop activities for the mission of the ,foundation under subsection 7b7 and to advance the activities of the ,foundation under subsection 7c74 7f7 ,limitation ,the ,foundation shall not be an agency or instrumentality of the ,federal ,government4 7g7 ,support ,the ,foundation may receive1 administer1 solicit1 accept1 and use funds1 gifts1 devises1 or bequests1 either absolutely or in trust of real or personal property or any income therefrom or other interest therein to support activities under subsection 7c71 except that this subsection shall not apply if any of such is from a foreign country of concern or a foreign entity of concern4 7h7 ,tax exempt status ,the ,board shall take all necessary and appropriate steps to ensure the ,foundation is an organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 7i7 ,board of ,directors 7#a7 ,establishment ,the ,foundation shall be governed by a ,board of ,directors4 7#b7 ,composition 7,a7 ,in general ,the ,board shall be composed of the following3 7i7 ,eleven appointed voting members described in subparagraph 7,b74 7ii7 ,ex officio nonvoting members described in subparagraph 7,c74 7,b7 ,appointed members 7i7 ,initial members ,the ,secretary1 acting through the ,director1 shall-- 7,i7 seek to enter into an agreement with the ,national ,academies of ,sciences1 ,engineering1 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 7ii7 and 7iii72 and 7,,ii7 appoint the initial members of the ,board from such list1 if applicable1 in consultation with the ,national ,academies of ,sciences1 ,engineering1 and ,medicine4 7ii7 ,representation ,the appointed members of the ,board shall reflect a broad cross-section of stakeholders across diverse sectors1 regions and communities1 including from academia1 private sector entities1 technical standards bodies1 the investment community1 the philanthropic community1 and other nonprofit organizations4 7iii7 ,experience ,the ,secretary1 acting through the ,director1 shall ensure the appointed members of the ,board have the experience and are qualified to provide advice and information to advance the ,foundation's mission1 including in science and technology research and development1 technical standards1 education1 technology transfer1 commercialization1 or other aspects of the ,foundation's mission4 7,c7 ,nonvoting members 7i7 ,ex officio members ,the ,director 7or ,director's designee7 shall be an ex officio member of the ,board4 7ii7 ,no voting power ,the ex officio members described in clause 7i7 shall not have voting power on the ,board4 7#c7 ,chair and vice chair 7,a7 ,in general ,the ,board shall designate1 from among its members-- 7i7 an individual to serve as the chair of the ,board2 and 7ii7 an individual to serve as the vice chair of the ,board4 7,b7 ,terms ,the term of service of the ,chair and ,vice ,chair of the ,board shall end on the earlier of-- 7i7 the date that is #c years after the date on which the ,chair or ,vice ,chair of the ,board1 as applicable1 is designated for the respective position2 and 7ii7 the last day of the term of service of the member1 as determined under paragraph 7#d77;,a71 who is designated to be ,chair or ,vice ,chair of the ,board1 as applicable4 7,c7 ,representation ,the ,chair and ,vice ,chair of the ,board-- 7i7 may not be representatives of the same area of subject matter expertise1 or entity1 as applicable2 and 7ii7 may not be representatives of any area of subject matter expertise1 or entity1 as applicable1 represented by the immediately preceding ,chair and ,vice ,chair of the ,board4 7#d7 ,terms and vacancies 7,a7 ,term limits ,subject to subparagraph 7,b71 the term of office of each member of the ,board shall be not more than five years1 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 #ahj-;day period beginning on the date on which the term of such member expires1 if no new member is appointed to replace the departing board member4 7,b7 ,initial appointed members ,of the initial members of the ,board appointed under paragraph 7#d77;,a71 half of such members shall serve for four years and half of such members shall serve for five years1 as determined by the ,chair of the ,board4 7,c7 ,vacancies ,any vacancy in the membership of the appointed members of the ,board-- 7i7 shall be filled in accordance with the bylaws of the ,foundation by an individual capable of representing the same area or entity1 as applicable1 as represented by the vacating board member under paragraph 7#b77;,b77ii72 7ii7 shall not affect the power of the remaining appointed members to carry out the duties of the ,board2 and 7iii7 shall be filled by an individual selected by the ,board4 7#e7 ,quorum ,a majority of the members of the ,board shall constitute a quorum for the purposes of conducting the business of the ,board4 7#f7 ,duties ,the ,board shall carry out the following3 7,a7 ,establish bylaws for the ,foundation in accordance with paragraph 7#g74 7,b7 ,provide overall direction for the activities of the ,foundation and establish priority activities4 7,c7 ,coordinate with the ,institute the activities of the ,foundation to ensure consistency with the programs and policies of the ,institute4 7,d7 ,evaluate the performance of the ,executive ,director of the ,foundation4 7,e7 ,actively solicit and accept funds1 gifts1 grants1 devises1 or bequests of real or personal property to the ,foundation1 including from private entities4 7,f7 ,carry out any other necessary activities of the ,foundation4 7#g7 ,bylaws ,the ,board shall establish bylaws for the ,foundation4 ,in establishing such bylaws1 the ,board shall ensure the following3 7,a7 ,the bylaws of the ,foundation include the following3 7i7 ,policies for the selection of the ,board members1 officers1 employees1 agents1 and contractors of the ,foundation4 7ii7 ,policies1 including ethical and disclosure standards1 for the following3 7,i7 ,the acceptance1 solicitation1 and disposition of donations and grants to the ,foundation1 including appropriate limits on the ability of donors to designate1 by stipulation or restriction1 the use or recipient of donated funds4 7,,ii7 ,the disposition of assets of the ,foundation4 7iii7 ,policies that subject all employees1 fellows1 trainees1 and other agents of the ,foundation 7including appointed voting members and ex officio members of the ,board7 to conflict of interest standards4 7iv7 ,the specific duties of the ,executive ,director of the ,foundation4 7,b7 ,the bylaws of the ,foundation and activities carried out under such bylaws do not-- 7i7 reflect unfavorably upon the ability of the ,foundation to carry out its responsibilities or official duties in a fair and objective manner2 or 7ii7 compromise1 or appear to compromise1 the integrity of any governmental agency or program1 or any officer or employee employed by1 or involved in a governmental agency or program4 7#h7 ,restrictions on membership 7,a7 ,employees ,no employee of the ,department of ,commerce may be appointed as a voting member of the ,board4 7,b7 ,status ,each voting member of the ,board shall be-- 7i7 a citizen of the ,united ,states2 7ii7 a national of the ,united ,states 7as such term is defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 7iii7 an alien admitted as a refugee under section #bjg of such ,act 7#h ,u4,s4,c4 #aaeg72 or 7iv7 an alien lawfully admitted to the ,united ,states for permanent residence4 7#i7 ,compensation 7,a7 ,in general ,members of the ,board may not receive compensation for serving on the ,board4 7,b7 ,certain expenses ,in accordance with the bylaws of the ,foundation1 members of the ,board may be reimbursed for travel expenses1 including per diem in lieu of subsistence1 and other necessary expenses incurred in carrying out the duties of the ,board4 7#aj7 ,liaison representatives ,the ,secretary1 acting through the ,director1 shall designate representatives from across the ,institute to serve as the liaisons to the ,board and the ,foundation4 7#aa7 ,personal liability of ,board members ,the members of the ,board shall not be personally liable1 except for malfeasance4 7j7 ,administration 7#a7 ,executive ,director 7,a7 ,in general ,the ,foundation shall have an ,executive ,director who shall be appointed by the ,board1 and who shall serve at the pleasure of the ,board1 and for whom the ,board shall establish the rate of compensation4 ,subject to the bylaws established under subsection 7i77#g71 the ,executive ,director shall be responsible for the daily operations of the ,foundation in carrying out the activities of the ,foundation under subsection 7c74 7,b7 ,responsibilities ,in carrying out the daily operations of the ,foundation1 the ,executive ,director of the ,foundation shall carry out the following3 7i7 ,hire1 promote1 compensate1 and discharge officers and employees of the ,foundation1 and define the duties of such officers and employees4 7ii7 ,accept and administer donations to the ,foundation1 and administer the assets of the ,foundation4 7iii7 ,enter into such contracts and execute legal instruments as are appropriate in carrying out the activities of the ,foundation4 7iv7 ,perform such other functions as necessary to operate the ,foundation4 7,c7 ,restrictions 7i7 ,executive ,director ,the ,executive ,director shall be-- 7,i7 a citizen of the ,united ,states2 7,,ii7 a national of the ,united ,states 7as such term is defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 7,,iii7 an alien admitted as a refugee under section #bjg of such ,act 7#h ,u4,s4,c4 #aaeg72 or 7,,iv7 an alien lawfully admitted to the ,united ,states for permanent residence4 7ii7 ,officers and employees ,each officer or employee of the ,foundation shall be-- 7,i7 a citizen of the ,united ,states2 7,,ii7 a national of the ,united ,states 7as such term is defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a772 7,,iii7 an alien admitted as a refugee under section #bjg of such ,act 7#h ,u4,s4,c4 #aaeg72 or 7,,iv7 an alien lawfully admitted to the ,united ,states for permanent residence4 7#b7 ,administrative control ,no member of the ,board1 officer or employee of the ,foundation or of any program established by the ,foundation1 or participant in a program established by the ,foundation1 may exercise administrative control over any ,federal employee4 7#c7 ,transfer of funds to ,institute ,the ,foundation may transfer funds and property to the ,institute1 which the ,institute may accept and use and which shall be subject to all applicable ,federal limitations relating to federally funded research4 7#d7 ,strategic plan ,not later than one year after the establishment of the ,foundation1 the ,foundation shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a strategic plan that contains the following3 7,a7 ,a plan for the ,foundation to become financially self-sustaining in the next five years4 7,b7 ,short- and long-term objectives of the ,foundation1 as identified by the ,board4 7,c7 ,a description of the efforts the ,foundation will take to be transparent in the processes of the ,foundation1 including processes relating to the following3 7i7 ,grant awards1 including selection1 review1 and notification4 7ii7 ,communication of past1 current1 and future research priorities4 7iii7 ,solicitation of and response to public input on the priorities identified by the ,foundation4 7,d7 ,a description of the financial goals and benchmarks of the ,foundation for the following ten years4 7,e7 ,a description of the efforts undertaken by the ,foundation to ensure maximum complementarity and minimum redundancy with investments made by the ,institute4 7#e7 ,report 7,a7 ,in general ,not later than #ah months after the establishment of the ,foundation and not later than ,february #a of each year thereafter1 the ,foundation shall publish a report describing the activities of the ,foundation during the immediately preceding fiscal year4 ,each such report shall include with respect to such fiscal year a comprehensive statement of the operations1 activities1 financial condition1 progress1 and accomplishments of the ,foundation4 7,b7 ,financial condition ,with respect to the financial condition of the ,foundation1 each report under subparagraph 7,a7 shall include the source1 and a description of1 all support under subsection 7g7 provided to the ,foundation4 ,each such report shall identify the persons or entities from which such support is received1 and include a specification of any restrictions on the purposes for which such support may be used4 7,c7 ,publication ,the ,foundation shall make copies of each report submitted under subparagraph 7,a7 available-- 7i7 for public inspection1 and shall upon request provide a copy of the report to any individual for a charge not to exceed the cost of providing such copy2 and 7ii7 to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7#f7 ,audits and disclosure ,the ,foundation shall-- 7,a7 provide for annual audits of the financial condition of the ,foundation1 including a full list of the ,foundation's donors and any restrictions on the purposes for which gifts to the ,foundation may be used2 and 7,b7 make such audits1 and all other records1 documents1 and other papers of the ,foundation1 available to the ,secretary and the ,comptroller ,general of the ,united ,states for examination or audit4 7#g7 ,evaluation by ,comptroller ,general ,not later than five years after the date on which the ,foundation is established1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate the following3 7,a7 ,an evaluation of the following3 7i7 ,the extent to which the ,foundation is achieving the mission of the ,foundation4 7ii7 ,the operation of the ,foundation4 7,b7 ,any recommendations on how the ,foundation may be improved4 7k7 ,integrity 7#a7 ,in general ,to ensure integrity in the operations of the ,foundation1 the ,board shall develop and enforce procedures relating to standards of conduct1 financial disclosure statements1 conflicts of interest 7including recusal and waiver rules71 audits1 and any other matters determined appropriate by the ,board4 7#b7 ,financial conflicts of interest ,to mitigate conflicts of interest and risks from malign foreign influence1 any individual who is an officer1 employee1 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 following3 7,a7 ,such individual4 7,b7 ,a relative of such individual4 7,c7 ,a business organization or other entity in which such individual or relative of such individual has an interest1 including an organization or other entity with which such individual is negotiating employment4 7#c7 ,security ,this section shall be carried out in accordance with the provision of subtitle ,d of title ,,vi of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aibca et seq42 enacted as part of division ,b of ,public ,law #aag-afg7 and section #bbc of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#db ,u4,s4,c4 #ffje74 7l7 ,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 7m7 ,full faith and credit ,the ,united ,states shall not be liable for any debts1 defaults1 acts1 or omissions of the ,foundation4 ,the full faith and credit of the ,united ,states shall not extend to any obligations of the ,foundation4 7n7 ,support services ,the ,secretary1 acting through the ,director1 may provide facilities1 utilities1 and support services to the ,foundation if it is determined by the ,director to be advantageous to the research programs of the ,institute4 7o7 ,nonapplicability ,chapter #aj of title #e1 ,united ,states ,code1 shall not apply to the ,foundation4 7p7 ,separate fund accounts ,the ,board shall ensure that amounts received pursuant to the authorization of appropriations under subsection 7q7 are held in a separate account from any other funds received by the ,foundation4 7q7 ,funding2 authorization of appropriations ,notwithstanding any other provision of law1 from amounts authorized to be appropriated for a fiscal year beginning with fiscal year #bjbe to the ,secretary of ,commerce pursuant to section #ajbaa1 the ,director may transfer not less than #ejj1jjj and not more than #a1bej1jjj to the ,foundation each such fiscal year4 7r7 ,definitions ,in this section3 7#a7 ,board ,the term ,board means the ,board of ,directors of the ,foundation1 established pursuant to subsection 7i74 7#b7 ,director ,the term ,director means the ,director of the ,national ,institute of ,standards and ,technology4 7#c7 ,foreign country of concern ,the term foreign country of concern has the meaning given such term in section #ajfch of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aibcg2 enacted as part of division ,b of ,public ,law #aag-afg74 7#d7 ,foreign entity of concern ,the term foreign entity of concern has the meaning given such term in section #ajfch of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aibcg2 enacted as part of division ,b of ,public ,law #aag-afg74 7#e7 ,foundation ,the term ,foundation means the ,foundation for ,standards and ,metrology established pursuant to subsection 7a74 7#f7 ,institute ,the term ,institute means the ,national ,institute of ,standards and ,technology4 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given such term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#h7 ,,nist associate ,the term ,,nist associate means any guest researcher1 facility user1 volunteer1 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 facility4 7#i7 ,relative ,the term relative has the meaning given such term in section #acaja of title #e1 ,united ,states ,code4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#aa7 ,technical standard ,the term technical standard has the meaning given such term in section #ab7;d77#e7 of the ,national ,technology ,transfer and ,advancement ,act of #aiie 7#ae ,u4,s4,c4 #bgb note74 4 7b7 ,clerical amendment ,the table of contents in section #a of ,public ,law #aag-afg is amended by inserting after the item relating to section #ajbce the following new item3 ,sec4 #ajbcf4 ,foundation for ,standards and ,metrology4 4 #cjd4 ,prohibition on certain policies relating to the use of artificial intelligence or other automated systems ,not later than #g days after the date of the enactment of this ,act1 the ,president1 acting through the ,director of the ,office of ,science and ,technology ,policy1 shall issue a technology directive with respect to artificial intelligence or other automated systems that prohibits any action1 directive1 rule1 regulation1 policy1 principle1 or guidance by a ,federal agency that includes policies that require1 recommend1 promote1 or encourage any of the following concepts or rules3 7#a7 ,one race or sex is inherently superior to another race or sex4 7#b7 ,the ,united ,states is fundamentally racist or sexist4 7#c7 ,an individual1 by virtue of his or her race or sex1 is inherently racist1 sexist1 or oppressive1 whether consciously or unconsciously4 7#d7 ,an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex4 7#e7 ,members of one race or sex cannot and should not attempt to treat others without respect to race or sex4 7#f7 ,the moral character of an individual is necessarily determined by his or her race or sex4 7#g7 ,an individual1 by virtue of his or her race or sex1 bears responsibility for actions committed in the past by other members of the same race or sex4 7#h7 ,an individual should feel discomfort1 guilt1 anguish1 or another form of psychological distress on account of his or her race or sex4 7#i7 ,meritocracy or traits such as a hard work ethic are racist or sexist1 or were created by a particular race to oppress another4 7#aj7 ,artificial intelligence1 algorithms1 or other automated systems should be designed in an equitable way that prevents disparate impacts based on a protected class or other societal classification4 7#aa7 ,input data used by designers1 developers1 or deployers of artificial intelligence1 algorithms1 or other automated systems should be modified to prevent disparate impacts based on a protected class or other societal classification4 7#ab7 ,designers1 developers1 integrators1 or deployers of artificial intelligence1 algorithms1 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 creation1 design1 or development of the technology4 7#ac7 ,federal agencies should review input data used by designers1 developers1 or deployers of artificial intelligence1 algorithms1 or other automated systems to ensure the technology-- 7,a7 meets the view of that ,federal agency of what constitutes bias or misinformation2 and 7,b7 contains no positions contrary to the position of the ,federal ,government4 #cje4 ,certifications and audits of temporary fellows 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term agency has the meaning given such term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,committees of ,jurisdiction ,the term committees of jurisdiction means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4 7#c7 ,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 ,policy4 7#d7 ,inherently governmental function ,the term inherently governmental function has the meaning given such term in section #e of the ,federal ,activities ,inventory ,reform ,act of #aiih 7,public ,law #aje-bgj2 #ca ,u4,s4,c4 #eja note7 and includes the meaning given such term in subpart #g4e of part #g of the ,federal ,acquisition ,regulation1 or successor regulation4 7#e7 ,temporary fellow ,the term temporary fellow1 with respect to an agency1 means a fellow1 contractor1 consultant1 or any other person performing work for the agency who is not a ,federal government employee4 7b7 ,certification 7#a7 ,in general ,prior to performing any work for an agency under this ,act relating to artificial intelligence and other critical and emerging technologies1 a temporary fellow and the head of the agency shall sign a certification that the temporary fellow will not perform any inherently governmental functions4 7#b7 ,submittal ,not later than #cj days after the date on which the head of an agency signs a certification under paragraph 7#a71 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 jurisdiction4 7c7 ,audit 7#a7 ,in general ,for each agency using a temporary fellow to carry out this ,act1 the inspector general of the agency shall perform an annual audit of the use of temporary fellows by the agency1 which includes-- 7,a7 the number of temporary fellows used by the agency2 7,b7 the entities paying any temporary fellow for their work for the agency2 7,c7 the work temporary fellows are performing for the agency2 7,d7 the authorities under which the agency hired the temporary fellows2 and 7,e7 whether the temporary fellows and the agency are complying with the requirements of section 7b74 7#b7 ,submittal to ,congress ,not later than #cj days after the date on which the inspector general of an agency completes an audit under paragraph 7#a71 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 audit4 ,december #ah 7legislative day1 ,december #af71 #bjbd,reported with an amendment