,,ii #aaith ,,congress #b;d ,session ,s4 #eegf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bi1 #bjbf,mr4 ,warner 7for himself1 ,mr4 ,schatz1 and ,mr4 ,kim7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish the ,artificial ,intelligence ,safety ,board1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,artificial ,intelligence ,risk ,management and ,security ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence2 artificial intelligence system ,the terms artificial intelligence and artificial intelligence system has the meaning given the term artificial intelligence in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,artificial intelligence agent ,the term artificial intelligence agent-- 7,a7 means an artificial intelligence system or process that1 given an objective or instruction-- 7i7 determines the action or sequence of actions to be taken to accomplish that objective2 and 7ii7 is capable of executing such actions directly on information systems1 data1 or external services2 and 7,b7 does not include a system or process that solely generates informational or advisory output for a human operator to act upon4 7#c7 ,artificial intelligence capabilities or risk assessment ,the term artificial intelligence capabilities or risk assessment means information regarding an assessment performed by a developer of an artificial intelligence system evaluating the capabilities of1 or risks posed by1 such system1 including an assessment of the potential of the artificial intelligence system-- 7,a7 to materially assist in the design1 development1 acquisition1 or use of a chemical1 biological1 radiological1 or nuclear weapon2 7,b7 to materially assist in the design1 development1 or production of munitions or other weapons2 7,c7 to materially assist in the unlawful manufacture1 synthesis1 or distribution of a controlled substance2 7,d7 to evade the control of1 or act outside the intended instructions of1 its developer or operator2 7,e7 to facilitate a cybersecurity threat1 including through the discovery or exploitation of a security vulnerability2 7,f7 to be subject to the unauthorized exfiltration of the weights of the artificial intelligence system1 or unauthorized1 deliberate1 malicious modification of such weights2 or 7,g7 to be transformed1 stolen1 reverse-engineered1 or otherwise manipulated by an unauthorized user or users acting outside of the terms of service governing access to the artificial intelligence system4 7#d7 ,artificial intelligence flaw ,the term artificial intelligence flaw means a recurring or reproducible characteristic1 behavior1 or failure mode of an artificial intelligence system that causes1 or materially increases the risk of1 an artificial intelligence safety incident absent any intentional act of a user1 including a characteristic1 behavior1 or failure mode that may manifest across multiple systems or providers4 7#e7 ,artificial intelligence safety incident ,the term artificial intelligence safety incident means an event that materially increases the risk that operation of an artificial intelligence system leads to a state in which human life1 health1 property1 or the environment is endangered4 7#f7 ,artificial intelligence security incident ,the term artificial intelligence security incident means an event that materially increases-- 7,a7 the risk that operation of an artificial intelligence system occurs in a way that enables the unauthorized extraction of information about the behavior or characteristics of the system by an unauthorized party2 or 7,b7 the ability to manipulate an artificial intelligence system in order to subvert the confidentiality1 integrity1 or availability of the system or adjacent system4 7#g7 ,artificial intelligence security vulnerability ,the term artificial intelligence security vulnerability means a weakness in an artificial intelligence system that could be exploited by a third party to subvert1 without authorization1 the confidentiality1 integrity1 or availability of the system1 including through techniques such as-- 7,a7 data poisoning2 7,b7 evasion attacks2 7,c7 privacy-based attacks2 7,d7 model theft or extraction attacks2 7,e7 attacks designed to circumvent or degrade the safety1 alignment1 or access control mechanisms of an artificial intelligence system2 and 7,f7 adversarial machine learning attacks as described in ,national ,institute of ,standards and ,technology ,trustworthy and ,responsible ,artificial ,intelligence #ajj-b;e#bjbe 7relating to ,adversarial ,machine ,learning71 or successor publication4 7#h7 ,board ,the term ,board means the ,artificial ,intelligence ,safety ,board established under section #c4 7#i7 ,critical infrastructure ,the term critical infrastructure has the meaning provided in section #ajaf7;e7 of the ,,usa ,patriot ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7#aj7 ,developer ,the term developer means a developer of a frontier artificial intelligence model4 7#aa7 ,frontier artificial intelligence model ,the term frontier artificial intelligence model means an artificial intelligence model1 or system combining multiple artificial intelligence models1 that exhibits or could be modified to exhibit high levels of performance at tasks that pose a serious risk to national security1 national economic security1 or public health or safety4 7#ab7 ,institute ,the term ,institute means the ,national ,institute of ,standards and ,technology4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 #c4 ,artificial ,intelligence ,safety ,board 7a7 ,artificial ,intelligence ,safety ,board 7#a7 ,establishment 7,a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary shall establish within the ,department of ,commerce a board to address artificial intelligence risks4 7,b7 ,designation ,the board established under subparagraph 7,a7 shall be known as the ,artificial ,intelligence ,safety ,board 7referred to in this ,act as the ,board74 7,c7 ,permanent status ,the ,board shall be a permanent advisory committee1 and section #ajac of title #e1 ,united ,states ,code1 shall not apply to the ,board4 7#b7 ,membership 7,a7 ,composition ,the ,board shall be composed of members who are appointed as follows3 7i7 ,one member selected by the ,director of the ,institute4 7ii7 ,one member selected by the ,secretary4 7iii7 ,one member selected by the ,director of the ,cybersecurity and ,infrastructure ,security ,agency4 7iv7 ,one member selected by the ,director of the ,national ,security ,agency4 7v7 ,one member selected by the ,secretary of the ,treasury4 7,b7 ,nongovernmental experts ,in addition to the members of the ,board appointed under subparagraph 7,a71 the ,secretary shall appoint members who are not officers or employees of the ,federal ,government and who the ,secretary selects from among individuals who-- 7i7 are leading technical experts not affiliated with a developer or provider of artificial intelligence systems2 7ii7 are leading technical experts affiliated with developers or providers of artificial intelligence systems2 7iii7 are individuals with expertise in developing evaluations to test artificial intelligence systems2 7iv7 are individuals with expertise in consumer protection and antitrust jurisprudence2 and 7v7 have knowledge or expertise that the ,secretary determines would further the purpose of the duties of the ,board4 7,c7 ,international participation ,the ,secretary1 in coordination with and subject to the agreement of the ,secretary of ,state1 shall undertake negotiations with foreign partners1 and enter into agreements as appropriate and subject to the disclosure requirements of section #aab;b of title #a1 ,united ,states ,code1 to facilitate cooperative activities1 regulatory reciprocity1 and appropriate protection of intellectual property rights associated with addressing artificial intelligence safety and security risks1 including-- 7i7 the establishment of joint testing environments2 7ii7 jointly conducting competitive processes or competitive research programs to award cash prizes or other types of recognition for basic1 advanced1 and applied research1 technology development1 and prototype development that advance the security and safety of frontier artificial intelligence models2 7iii7 promulgating joint advisories or technical guidance concerning security or safety risks associated with frontier artificial intelligence systems2 7iv7 facilitating of secure information sharing regarding artificial intelligence security or safety incidents2 and 7v7 standardizing evaluation protocols4 7#c7 ,terms and vacancies 7,a7 ,terms ,each member of the ,board shall serve for a term of not longer than #c years and may be reappointed for #a successive term4 7,b7 ,vacancy replacement ,the members of the ,board shall develop a vacancy replacement procedure that includes-- 7i7 for vacancies occurring due to the end of a member's term1 a vote not later than #ij days before the last day of the member's term2 and 7ii7 for vacancies occurring under subparagraph 7,c7 or for any other reason1 the chair of the ,board shall nominate a replacement from the same stakeholder category under paragraph 7#b71 to the extent practicable1 as the member creating the vacancy1 subject to approval by a majority vote of the members of the ,board4 7,c7 ,removal ,a member shall be removed from the ,board if-- 7i7 the member fails to comply with the conflict of interest policy adopted pursuant to paragraph 7#e77;,d72 or 7ii7 the member is denied the requisite security clearance under paragraph 7#d77;,a77iii74 7,d7 ,chair ,the chair of the ,board shall be selected by a majority vote among a quorum of the members appointed under paragraph 7#b7 and shall serve not more than one #b-year term4 7#d7 ,member access to classified information 7,a7 ,access 7i7 ,in general ,not later than #fj days after the date on which a member is first appointed to the ,board and before the member is granted access to any classified information necessary to participate in a closed session pursuant to paragraph 7#e77;,f71 the ,secretary shall determine1 for the purposes of the ,board1 if the member should be restricted from reviewing1 discussing1 or possessing classified information4 7ii7 ,management ,access to classified information shall be managed in accordance with ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or any subsequent corresponding ,executive order4 7iii7 ,clearance requirement 7,i7 ,in general ,the ,secretary shall sponsor each member of the ,board for a security clearance at the ,top ,secret level with access to sensitive compartmented information1 as appropriate1 for the purposes of participating in carrying out the duties of the ,board4 7,,ii7 ,denial ,any member who fails to obtain a security clearance1 including by being denied by the appropriate authorities or if the ,secretary determines the member should be restricted from reviewing1 discussing1 or possessing classified information1 shall be removed from the ,board and a new member shall be appointed pursuant to the vacancy procedures under paragraph 7#c77;,b74 7,b7 ,protection of information ,a member of the ,board granted access to classified information shall sign and comply with the agreements to protect such information from unauthorized disclosure and to otherwise protect the classified information in accordance with the applicable requirements for the particular level of classification of the information4 7,c7 ,rule of construction ,nothing in this paragraph shall be construed to affect the existing security clearance of a member of the ,board or the authority of a ,federal agency to provide or deny a member of the ,board access to any specific pieces of classified information4 7#e7 ,procedures 7,a7 ,designated ,federal officer ,the ,secretary shall designate a ,federal officer or employee to serve as the designated ,federal officer of the ,board1 consistent with the requirements of chapter #aj of title #e1 ,united ,states ,code 7commonly known as the ,federal ,advisory ,committee ,act74 7,b7 ,initial meeting and bylaws ,not later than #fj days after the date of the enactment of this ,act1 the ,board shall convene and establish bylaws that-- 7i7 govern quorum and voting rules1 including implementation of the decisionmaking majority voting requirement specified in paragraph 7#e77;,c77ii72 and 7ii7 set deliverable timelines and meeting schedules4 7,c7 ,operating procedures ,unless otherwise specified1 the ,board shall adopt written procedures governing its meetings1 consistent with chapter #aj of title #e1 ,united ,states ,code1 that include-- 7i7 requirements for public notice of meetings and the maintenance of records and minutes2 7ii7 decisionmaking by majority vote of those present and voting2 7iii7 authorization for the establishment of subgroups as necessary1 subject to the approval of the chair of the ,board2 and 7iv7 approval of the meeting agendas by the chair in consultation with the designated ,federal officer under subparagraph 7,a7 to ensure compliance with applicable laws4 7,d7 ,conflict-of-interest policy 7i7 ,in general ,the ,board shall adopt and enforce a written conflict of interest policy to ensure that members of the ,board have a fiduciary responsibility to the ,board1 a duty to report conflicts of interest1 including the appearance of a conflict of interest1 and do not participate in deliberations or votes from which they personally or their employer would directly and materially benefit4 7ii7 ,required disclosures ,the policy under clause 7i7 shall require each member to publicly disclose all relevant financial and employment relationships1 including relationships held by a spouse or immediate family member1 and include recusal procedures in the event of a conflict4 7iii7 ,records ,the designated ,federal officer under subparagraph 7,a7 shall maintain records of disclosures under clause 7ii7 of this subparagraph and make summaries of the disclosures available to the ,secretary4 7,e7 ,threat information access ,the ,director of ,national ,intelligence1 in coordination with the heads of other appropriate ,federal entities1 shall ensure that the ,board has access to relevant intelligence1 including through closed or classified briefings or the provision of classified information1 when appropriate4 7,f7 ,closed sessions ,notwithstanding section #ajji of title #e1 ,united ,states ,code1 the ,board may hold closed or restricted-access sessions when the ,secretary determines that the matters to be discussed involve any of the following3 7i7 ,classified information4 7ii7 ,an artificial intelligence security incident4 7iii7 ,an artificial intelligence security vulnerability4 7iv7 ,an artificial intelligence flaw4 7v7 ,threat information4 7vi7 ,proprietary business information4 7vii7 ,other information exempt from public disclosure under section #eeb of title #e1 ,united ,states ,code4 7#f7 ,duties 7,a7 ,in general ,the ,board shall-- 7i7 develop a process to perform technical evaluations to determine what capabilities or combination of capabilities constitute high levels of performance at tasks that pose a serious risk to national security1 national economic security1 or public health or safety2 7ii7 develop processes and metrics for evaluating risks posed by frontier artificial intelligence models1 model variants1 checkpoints1 or other artificial intelligence models or versions used during development1 training1 testing1 evaluation1 or red-teaming1 including versions that are not publicly available1 whether or not they are intended for eventual public release1 where such models1 variants1 checkpoints1 or other versions meet or could be modified to meet the risks described in section #b7c72 7iii7 develop technical standards and conformity assessment methodologies1 including-- 7,i7 standardize formats and processes for publishing model or system cards with technical details of artificial intelligence systems2 7,,ii7 recommendations for maintaining cybersecurity measures for developers or providers of artificial intelligence systems across the lifecycle2 7,,iii7 processes and security controls for developers or providers of artificial intelligence systems to use to evaluate risks from employees or other personnel who have access to artificial intelligence systems developed or in development2 and 7,,iv7 recommendations on appropriate financial and other resourcing for developers or providers of artificial intelligence systems1 including small- and medium-sized developers or providers1 to robustly engage in safety and security research focused on the deployment of frontier artificial intelligence models2 and 7iv7 establish technical standards1 security controls1 and reference architectures for securing testing environments during evaluations of frontier artificial intelligence models1 or models with known or reasonably foreseeable capabilities to discover and exploit software vulnerabilities without direct prompting by a human user1 including-- 7,i7 procedures for effective risk-modeling prior to commencing any evaluation2 7,,ii7 technical controls to ensure effective isolation and hardening of evaluation environments1 including continuous re-evaluation of security configurations throughout evaluations2 7,,iii7 policies and procedures for continuous monitoring of model behavior1 including monitoring in real-time1 using pre-established or conditional checkpoints1 and through post-evaluation audits2 7,,iv7 policies1 procedures1 and technical controls for continuous monitoring of evaluation environments1 including automated identification of changes to security controls or configurations2 7,v7 policies1 procedures1 and technical controls for safeguarding identity and access management resources associated with the evaluation environment1 or encompassing systems1 from access by any model under evaluation2 and 7,,vi7 conditions1 policies1 procedures1 and technical controls for prompt termination of any evaluation in which a model has operated beyond the policies1 procedures1 or technical controls described in clauses 7,i7 through 7,v7 or that otherwise poses an imminent risk to any individual or property outside the scope of the evaluation4 7,b7 ,periodic reassessment of technical evaluations and best practices ,not less frequently than once every year1 the ,board shall-- 7i7 review each standard developed under subparagraph 7,a72 7ii7 determine whether the standard should be modified or revoked2 and 7iii7 submit to the ,secretary any proposed modification or revocation4 7#g7 ,support staff ,the ,director of the ,institute1 acting through the ,center for ,artificial ,intelligence ,standards and ,innovation 7or any successor office or entity71 shall provide staff and other support necessary to assist the ,board in carrying out its duties under this ,act4 ,such staff shall work under the direction of the ,board1 shall exercise on behalf of the ,board the access provided to the ,board under subsection 7f71 and shall remain employees of the ,institute4 7b7 ,adoption of standards 7#a7 ,deadline for submission of standards ,not later than #ij days after the date of the establishment of the ,board under subsection 7a77#a71 the ,board shall develop and submit to the ,secretary the proposed standards required under subsection 7a77#f74 7#b7 ,adoption of standards 7,a7 ,in general ,not later than #cj days after the date on which the ,secretary receives a proposed standard under paragraph 7#a71 the ,secretary shall adopt the proposed standard or the modified standards by rule4 7,b7 ,modification of standard ,the ,secretary may modify a proposed standard received under paragraph 7#a7 if the ,secretary determines that the modification is necessary for the purpose of national security4 7,c7 ,publication ,the ,secretary shall publish in the ,federal ,register the reasons for any modification made under this paragraph consistent with laws and regulations governing the disclosure of classified information or material4 7c7 ,mandatory compliance ,each developer shall comply with each standard adopted under subsection 7b77#b7 that is applicable to the developer4 7d7 ,enforcement 7#a7 ,in general ,the ,secretary shall enforce compliance with this section4 7#b7 ,civil penalty ,a developer that violates subsection 7c7 shall be liable to the ,united ,states for a civil penalty of not more than #bej1jjj for each violation4 7#c7 ,continuing violations ,each day during which a violation under subsection 7c7 continues shall constitute a separate violation4 7#d7 ,civil action ,the ,attorney ,general may1 at the request of the ,secretary1 bring a civil action in an appropriate district court of the ,united ,states-- 7,a7 to enjoin a violation of subsection 7c72 or 7,b7 to recover a civil penalty imposed under paragraph 7#b74 7e7 ,secure research-,test-,beds ,in developing a process to perform technical evaluations pursuant to section #f7;,a77i71 the ,secretary may-- 7#a7 seek to utilize secure computing environments1 on a reimbursable basis1 provided by ,federal partners1 including-- 7,a7 the ,national ,security ,agency2 and 7,b7 the ,national ,laboratories of the ,department of ,energy2 and 7#b7 make such secure computing environments available to private sector1 ,federal agencies1 and qualified independent expert participants1 on a cost-recovery basis1 to engage in artificial intelligence security research1 including through the secure provision of access in a secure environment for pre-deployment testing of any frontier artificial intelligence model prior to public release if security requirements necessitate hosting outside a commercial computing environment4 7f7 ,requirement that developers of frontier artificial intelligence models give access to ,board before public release ,not later than #de calendar days before a developer introduces into interstate or foreign commerce a frontier artificial intelligence model1 the developer shall make available to the ,board access to the frontier artificial intelligence model1 including model's weights1 configuration files1 runtimes1 or software libraries necessary to operate the frontier artificial intelligence model4 #d4 ,safety plan requirement 7a7 ,in general ,each developer shall develop1 publish1 and follow a safety plan 7referred to in this section as the ,model ,safety ,plan7 for each artificial intelligence system or model that the developer-- 7#a7 creates2 7#b7 substantially modifies2 or 7#c7 uses in the training or evaluation of other artificial intelligence models4 7b7 ,required criteria ,each ,model ,safety ,plan shall include-- 7#a7 the artificial intelligence model or system to which it applies2 7#b7 an artificial intelligence capabilities or risk assessment prepared by the developer specifically for the artificial intelligence model or system associated with the ,model ,safety ,plan2 7#c7 a list of the specific mitigation measures that the developer will undertake for each item described in the artificial intelligence capabilities or risk assessment prepared pursuant to paragraph 7#b71 across product lifecycle2 and 7#d7 the identity of the corporate officer responsible for the implementation of the ,model ,safety ,plan4 7c7 ,requirement ,to file ,each ,model ,safety ,plan shall be submitted to the ,secretary in the form and manner determined by the ,secretary4 #e4 ,database for artificial intelligence security and safety incidents1 flaws1 and risks 7a7 ,tracking of artificial intelligence security and artificial intelligence safety incidents and artificial intelligence flaws 7#a7 ,voluntary submissions ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,institute shall1 in coordination with the ,director of the ,cybersecurity and ,infrastructure ,security ,agency1 establish mechanisms by which private sector entities1 public sector organizations1 civil society groups1 and academic researchers may voluntarily share information with the ,institute on confirmed or suspected artificial intelligence security or artificial intelligence safety incidents1 or on confirmed or suspected artificial intelligence flaws1 including flaws identified through testing1 evaluation1 red-teaming1 or post-incident analysis in a manner that preserves confidentiality of any affected party4 ,such mechanisms shall-- 7,a7 leverage1 to the greatest extent possible1 standardized disclosure and incident description formats2 7,b7 develop processes to associate reports pertaining to the same incident with a single incident identifier1 and to associate incidents or near misses that appear to arise from the same artificial intelligence flaw with a common flaw identifier2 7,c7 establish classification1 information retrieval1 and reporting mechanisms that sufficiently differentiate between artificial intelligence security incidents and artificial intelligence safety incidents1 and between such incidents and artificial intelligence flaws2 and 7,d7 create appropriate taxonomies to classify incidents based on relevant characteristics1 impact1 or other relevant criteria1 and to classify artificial intelligence flaws based on their characteristics1 affected capabilities1 likely consequences1 and recurrence across models or systems4 7#b7 ,publicly accessible database 7,a7 ,establishment of database required ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,institute shall1 in coordination with the ,director of the ,cybersecurity and ,infrastructure ,security ,agency1 establish a publicly accessible database of artificial intelligence security incidents and artificial intelligence safety incidents1 together with a catalog of artificial intelligence flaws identified through reports1 testing1 evaluations1 or investigations under this section4 7,b7 ,review and population of database ,upon receipt of relevant information on an artificial intelligence security incident or artificial intelligence safety incident under paragraph 7#a71 or on an artificial intelligence flaw under paragraph 7#a71 the ,director of the ,institute shall review the information and determine whether the described incident or flaw constitutes an artificial intelligence security or artificial intelligence safety risk appropriate for inclusion in the database developed and established under subparagraph 7,a74 7,c7 ,identification of causal factors and artificial intelligence flaws ,when making a determination under subparagraph 7,b71 the ,director of the ,institute shall identify causal factors for the artificial intelligence security incident or the artificial intelligence safety incident and determine whether the incident reveals1 is associated with1 or provides evidence of an artificial intelligence flaw4 ,if the ,director of the ,national ,institute of ,standards and ,technology identifies such a flaw1 the ,director shall assign or associate the incident with a common flaw identifier and1 to the extent practicable1 identify other known incidents1 near misses1 models1 or systems associated with the same flaw1 including-- 7i7 the artificial intelligence system2 7ii7 the deployment of the artificial intelligence systems2 and 7iii7 practices related to the operation of the artificial intelligence system1 including misuse of the artificial intelligence system4 7#c7 ,mandatory submissions 7,a7 ,in general ,the following entities shall report any confirmed artificial intelligence safety incident or artificial intelligence security incident within #cj days of confirmation of such incident and within #gb hours if such incident poses an imminent threat to national security1 critical infrastructure1 or public safety3 7i7 ,any developer or provider of a frontier artificial intelligence model4 7ii7 ,any operator of critical infrastructure that utilizes an artificial intelligence model in the context of managing industrial control systems or other operational technologies4 7,b7 ,applicability ,for the purposes of subparagraph 7,a71 the reporting requirement under this paragraph shall apply regardless of whether the frontier artificial intelligence model1 or any model variant1 checkpoint1 or other version of such model involved in the incident1 is or is intended to be made publicly available1 and regardless of whether the incident occurs during development1 training1 testing1 evaluation1 red-teaming1 deployment1 or operation4 7#d7 ,priorities ,in evaluating information under paragraph 7#b7 and determining under such subparagraph whether to include a report of an incident in the database required by paragraph 7#b77;,a71 the ,director of the ,institute shall prioritize inclusion in the database of cases in which a described incident-- 7,a7 describes an artificial intelligence system used in critical infrastructure or safety-critical systems2 7,b7 would result in a high-severity or catastrophic impact to the people or economy of the ,united ,states2 7,c7 includes an artificial intelligence system widely used in commercial or public sector contexts in the ,united ,states2 or 7,d7 constitutes a mandatory submission pursuant to subsection 7a77#c74 7#e7 ,exemption from disclosure2 reports and anonymity 7,a7 ,anonymity ,the ,director of the ,institute shall populate the database developed and established under paragraph 7#b77;,a7 with incidents and artificial intelligence flaws based on public reports and information shared using the mechanism established pursuant to paragraphs 7#a7 and 7#c71 ensuring that any incident description sufficiently anonymizes those affected1 unless those who are affected have consented to their names being included in the database4 7,b7 ,exemption from disclosure ,any information shared using the mechanism established pursuant to paragraphs 7#a7 and 7#c7-- 7i7 shall be exempt from disclosure and withheld1 unless an affected party consents to the inclusion of their names in the database as provided for under subparagraph 7,a71 from the public1 pursuant to section #eeb7;b77#c77;,b7 of title #e1 ,united ,states ,code1 and any other provision of ,united ,states law or law of any ,state1 political subdivision or agency thereof1 or ,tribe requiring disclosure of information or records2 and 7ii7 shall not be deemed a waiver of any applicable privilege or protection1 including trade secret protection4 7,c7 ,consultation required ,before publishing information regarding an artificial intelligence safety incident or an artificial intelligence security incident1 the ,director of the ,institute shall consult with the developer or provider of the artificial intelligence system involved in an incident4 7b7 ,material risk guidance ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,institute shall1 in coordination with the ,director of the ,cybersecurity and ,infrastructure ,security ,agency1 publish nonbinding guidance that provides illustrative criteria and examples for determining when an event materially increases a risk for purposes of an artificial intelligence safety incident or an artificial intelligence security incident4 #f4 ,agentic artificial intelligence trust and verification 7a7 ,agentic artificial intelligence profile 7#a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,director of the ,institute shall develop1 in collaboration with other public and private sector organizations as appropriate1 a cross-sectoral profile 7referred to in this section as the ,agentic ,,ai ,profile7 of the ,artificial ,intelligence ,risk ,management ,framework 7,,nist ,,ai #ajj-a7 or any successor framework 7referred to in this section as the ,framework7 for artificial intelligence agents4 7#b7 ,purpose and contents ,the ,agentic ,,ai ,profile shall assist organizations in using the ,framework to map1 measure1 manage1 and govern risks associated with artificial intelligence agents4 ,the ,agentic ,,ai ,profile shall1 at a minimum-- 7,a7 define risks that are novel to or exacerbated by artificial intelligence agents2 7,b7 include a framework for classification of agent autonomy levels2 and 7,c7 address cybersecurity risks specific to artificial intelligence agents1 including risks related to agent identity1 authentication1 and authorization1 and the relationship of such risks to the ,cybersecurity ,framework 7,,nist ,,cswp-#bi7 or any successor framework4 7#c7 ,relationship to the ,framework ,the ,agentic ,,ai ,profile shall be a companion resource to the ,framework and shall not modify or supersede the ,framework4 7b7 ,common template for artificial intelligence agent assurance 7#a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,director of the ,institute shall initiate1 in collaboration with other public and private sector organizations and ,federal agencies as appropriate1 the development of a common template to document artificial intelligence agents and their evaluation against widely recognized standards and frameworks4 7#b7 ,elements ,the template shall enable the consistent documentation of artificial intelligence agents by providing standardized terminology and fields that relate to1 at a minimum1 the following elements3 7,a7 ,identity and version4 7,b7 ,intended use and evaluated scope4 7,c7 ,ownership and authority boundaries4 7,d7 ,access to data1 systems1 and tools4 7,e7 ,evaluations against widely recognized standards and frameworks4 7,f7 ,the identity of any independent evaluator1 where applicable4 7,g7 ,known limitations and conditions of use4 7#c7 ,applicability ,the ,director shall design the template to be used across sectors1 industries1 and organizational contexts by entities of differing sizes and resources4 7c7 ,coordination ,the ,director shall ensure that the template developed under this subsection is consistent with and not duplicative of other efforts by the ,institute related to artificial intelligence agents4