,,ii #aahth ,,congress #b;d ,session ,s4 #dgfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bd1 #bjbd,mr4 ,hickenlooper 7for himself and ,mrs4 ,capito7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,director of the ,national ,institute of ,standards and ,technology to develop voluntary guidelines and specifications for internal and external assurances of artificial intelligence systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,validation and ,evaluation for ,trustworthy 7,,vet7 ,artificial ,intelligence ,act or the ,,vet ,artificial ,intelligence ,act4 #b4 ,purposes ,the purposes of this ,act are-- 7#a7 to develop consensus-driven1 evidence-based voluntary guidelines and specifications for internal and external assurances through the testing1 evaluation1 validation1 and verification of artificial intelligence systems1 as appropriate based on the intended application1 use-case1 and risk profile of the artificial intelligence system2 7#b7 to use meaningful assurance to supplement methodologies used to build trust in artificial intelligence systems1 increase adoption of artificial intelligence systems1 and provide for accountability and governance of artificial intelligence systems2 and 7#c7 to further the goals of the ,artificial ,intelligence ,risk ,management ,framework1 including any successor framework1 published by the ,national ,institute of ,standards and ,technology and the ,artificial ,intelligence ,safety ,institute pursuant to section #bb;,a7c7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;h-#a7;c774 #c4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,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#c7 ,deployer ,the term deployer means an entity that operates an artificial intelligence system for internal use or for use by a third party4 7#d7 ,developer ,the term developer-- 7,a7 means an entity that builds1 designs1 codes1 produces1 trains1 or owns an artificial intelligence system for internal use or for use by a third party2 and 7,b7 does not include an entity that is solely a deployer of the artificial intelligence system4 7#e7 ,director ,the term ,director means the ,director of the ,national ,institute of ,standards and ,technology4 7#f7 ,external artificial intelligence assurance ,the term external artificial intelligence assurance means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section #d or consensus-driven voluntary standards1 for the purpose of-- 7,a7 verifying claims with respect to the functionality and testing of the artificial intelligence system1 including verifying whether it is fit for its intended purpose2 or 7,b7 identifying any significant error or inconsistency in the testing1 risk management processes1 or internal governance1 any substantial vulnerability1 or any negative societal impact of the artificial intelligence system4 7#g7 ,internal artificial intelligence assurance ,the term internal artificial intelligence assurance means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest1 for the purpose of-- 7,a7 verifying claims with respect to the functionality and testing of the artificial intelligence system1 including verifying whether it is fit for its intended purpose2 or 7,b7 identifying any significant error or inconsistency in the testing1 risk management processes1 or internal governance1 any substantial vulnerability1 or any negative societal impact of the artificial intelligence system4 7#h7 ,nonaffiliated third party ,the term nonaffiliated third party with respect to the evaluation of an artificial intelligence system1 means a person who-- 7,a7 is not related by common ownership or affiliated by common corporate control with the developer or deployer of the artificial intelligence system2 7,b7 can demonstrate financial independence from the developer or deployer of the artificial intelligence system2 7,c7 does not employ any individual1 who is also employed by the developer or deployer of the artificial intelligence system2 and 7,d7 is a qualified evaluator of artificial intelligence systems as determined by the voluntary guidelines and specifications recommended under section #d7;b77#f71 with-- 7i7 demonstrated expertise in relevant technical domains1 including-- 7,i7 data privacy and security principles2 and 7,,ii7 risk management practices in artificial intelligence2 and 7ii7 familiarity with the relevant details regarding the type of artificial intelligence system being evaluated4 7#i7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 #d4 ,voluntary assurance guidelines and specifications for artificial intelligence systems 7a7 ,voluntary guidelines and specifications for assurance ,not later than #a year after the date of the enactment of this ,act1 the ,director1 in collaboration with public and private sector organizations1 including the ,national ,science ,foundation and the ,department of ,energy1 shall develop and periodically update as the ,director considers appropriate1 a set of voluntary guidelines and specifications for internal artificial intelligence assurance and external artificial intelligence assurance4 7b7 ,contents ,the guidelines and specifications required by subsection 7a7 shall-- 7#a7 identify consensus-driven1 voluntary standards for internal artificial intelligence assurance and external artificial intelligence assurance that address-- 7,a7 safeguards for consumer privacy2 7,b7 methods to assess and mitigate harms to individuals by artificial intelligence systems2 7,c7 dataset quality2 7,d7 documentation1 disclosure1 and provenance communications to external parties2 and 7,e7 governance and process controls2 7#b7 provide guidelines1 best practices1 methodologies1 procedures1 and processes1 as appropriate1 for internal artificial intelligence assurance and external artificial intelligence assurance that effectively address the elements listed in paragraph 7#a72 7#c7 establish common definitions and characterizations for testing1 evaluating1 verifying1 and validating methods for internal artificial intelligence assurance and external artificial intelligence assurance2 7#d7 recommend criteria or approaches for a developer or deployer to determine the frequency and circumstances under which internal artificial intelligence assurance and external artificial intelligence assurance activities should be conducted1 accounting for the relevant risk and use-case profile of the artificial intelligence system1 and any additional circumstance under which an assurance should be conducted2 7#e7 recommend criteria or approaches for a developer or deployer to determine the scope of internal artificial intelligence assurance and external artificial intelligence assurance conducted through testing and evaluating1 accounting for the relevant risk and use-case profile of the artificial intelligence system1 including the minimum information or technical resources that should be provided to the party conducting the assurance to enable assurance activities2 7#f7 recommend the appropriate qualifications1 expertise1 professional licensing1 and accountability that a party conducting internal artificial intelligence assurance or external artificial intelligence assurance should have with respect to-- 7,a7 the type of artificial intelligence system under evaluation2 and 7,b7 the internal and external assurance processes2 7#g7 provide guidance for the manner in which a developer or deployer may disclose1 as appropriate1 the results of an internal or external assurance or carry out corrective actions with respect to an artificial intelligence system following the completion of an internal or external assurance of such system1 and guidance on the manner in which a developer or deployer may properly document any corrective action taken2 7#h7 align with the voluntary consensus standards1 including international standards1 identified pursuant to paragraph 7#a7 to the fullest extent possible2 7#i7 incorporate the relevant voluntary consensus standards identified pursuant to paragraph 7#a7 and industry best practices to the fullest extent possible2 7#aj7 not prescribe or otherwise require-- 7,a7 the use of any specific solution2 or 7,b7 the use of any specific information or any communications technology product or service2 and 7#aa7 recommend methods to protect the confidentiality of sensitive information1 including personal data and proprietary knowledge of an artificial intelligence system1 that may be obtained during the assurance process4 7c7 ,stakeholder outreach ,in developing the voluntary guidelines and specifications required by subsection 7a71 the ,director shall-- 7#a7 solicit public comment on at least #a draft of the guidelines and specifications1 and provide a reasonable period of not less than #cj days for the submission of comments by interested stakeholders2 7#b7 make each draft of the voluntary guidelines and specifications developed under subsection 7a7 available to the public on the website of the ,national ,institute of ,standards and ,technology2 and 7#c7 convene workshops1 roundtables1 and other public forums1 as the ,director considers appropriate1 to consult with relevant stakeholders in industry1 academia1 civil society1 consumer advocacy1 workforce development organizations1 labor organizations1 conformance assessment bodies1 and any other sector the ,director considers appropriate1 on the development of the voluntary guidelines and specifications4 7d7 ,publication ,the ,director shall publish the voluntary guidelines and specifications required by subsection 7a7-- 7#a7 as a standalone framework or document available to the public on the website of the ,national ,institute of ,standards and ,technology2 or 7#b7 as a component of-- 7,a7 any successor of the ,artificial ,intelligence ,risk ,management ,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;c772 or 7,b7 any guidance issued by the ,artificial ,intelligence ,safety ,institute4 #e4 ,qualifications advisory committee 7a7 ,advisory committee ,not later than #ij days after the date on which the ,director publishes the voluntary guidelines and specifications required under section #d7;a71 the ,secretary shall establish the ,artificial ,intelligence ,assurance ,qualifications ,advisory ,committee 7referred to in this section as the ,advisory ,committee74 7b7 ,membership ,the ,secretary shall appoint to the ,advisory ,committee not more than #ae individuals with expertise relating to artificial intelligence systems1 including at least #a representative from each of the following3 7#a7 ,institutions of higher education4 7#b7 ,organizations developing artificial intelligence systems4 7#c7 ,organizations deploying artificial intelligence systems4 7#d7 ,organizations assessing artificial intelligence systems4 7#e7 ,consumers or consumer advocacy groups4 7#f7 ,public health organizations4 7#g7 ,public safety organizations4 7#h7 ,civil rights organizations4 7#i7 ,professional accreditation organizations4 7#aj7 ,workforce development organizations4 7#aa7 ,labor organizations4 7c7 ,duties ,the ,advisory ,committee shall-- 7#a7 review and assess case studies from entities that provide licensure1 certification1 or accreditation to independent organizations with a primary mission of verifying compliance with applicable statutes1 regulations1 standards1 or guidelines2 and 7#b7 determine the applicability of the case studies reviewed and assessed under paragraph 7#a7 to the development1 maintenance1 and use of artificial intelligence systems for the purpose of developing recommendations under subsection 7d74 7d7 ,recommendations ,not later than #a year after the date on which the ,secretary establishes the ,advisory ,committee under this section1 the ,advisory ,committee shall submit to the ,secretary and ,congress and make publicly available a report that includes recommendations for the ,secretary to consider regarding-- 7#a7 the qualifications1 expertise1 professional licensing1 independence1 and accountability that a party conducting an assurance of an artificial intelligence system should have1 including with respect to the type of artificial intelligence system under evaluation and the internal and external assurance processes2 and 7#b7 whether accreditation for internal artificial intelligence assurance and external artificial intelligence assurance can be met through a combination of existing licensure1 certification1 or accreditation programs4 7e7 ,termination ,the ,advisory ,committee shall terminate not later than #a year after the date on which the ,advisory ,committee submits the recommendations required under subsection 7d74 #f4 ,study and report on entities that conduct assurances of artificial intelligence systems 7a7 ,study ,not later than #ij days after the date on which the ,director publishes the voluntary guidelines and specifications required under section #d7;a71 the ,secretary shall commence a study to evaluate the capabilities of the sector of entities that conduct internal artificial intelligence assurances and external artificial intelligence assurances4 7b7 ,considerations ,in carrying out the study required by subsection 7a71 the ,secretary shall-- 7#a7 assess the capabilities of the sector of entities described in subsection 7a7 with respect to personnel1 technical tools1 evaluation methods1 computing infrastructure1 and physical infrastructure and whether such capabilities are adequate for providing internal artificial intelligence assurances or external artificial intelligence assurances that comport with the voluntary guidelines and specifications required under section #d7;a72 7#b7 review the features1 best practices1 and safeguards employed by such entities to maintain the integrity of confidential or proprietary information of a developer or deployer during an internal artificial intelligence assurance or an external artificial intelligence assurance2 7#c7 assess the market demand for internal artificial intelligence assurances and external artificial intelligence assurances and the availability of such assurers2 and 7#d7 assess the feasibility of leveraging an existing facility accredited by the ,director under the ,national ,voluntary ,laboratory ,accreditation ,program established under section #bhe of title #ae1 ,code of ,federal ,regulations1 to conduct external assurances of artificial intelligence systems4 7c7 ,report ,not later than #a year after the date on which the ,secretary commences the study required by subsection 7a71 the ,secretary shall submit to the appropriate committees of ,congress and the head of any ,federal agency that the ,secretary considers relevant1 a report that contains the results of the study required by subsection 7a71 including-- 7#a7 recommendations for improving the capabilities and the availability of the entities assessed in the study2 7#b7 descriptions of the features1 best practices1 and safeguards of the entities studied and the effectiveness of such features1 practices1 or safeguards at implementing the voluntary guidelines and specifications required under section #d7;a7 and at maintaining the integrity of confidential and proprietary information1 as described under subsection 7b77#b72 and 7#c7 any conclusions drawn from the assessment of the facilities described in subsection 7b77#d74 7d7 ,appropriate committees of ,congress defined ,in this section1 the term the appropriate committees of ,congress means-- 7#a7 the ,committee of ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives4