[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9497 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9497

To amend the National Artificial Intelligence Initiative Act of 2020 to 
   establish a center on artificial intelligence to ensure continued 
 United States leadership in research, development, and evaluation of 
   the robustness, resilience, and safety of artificial intelligence 
                    systems, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2024

   Mr. Obernolte (for himself, Mr. Lieu, Mr. Lucas, and Ms. Lofgren) 
 introduced the following bill; which was referred to the Committee on 
                     Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
To amend the National Artificial Intelligence Initiative Act of 2020 to 
   establish a center on artificial intelligence to ensure continued 
 United States leadership in research, development, and evaluation of 
   the robustness, resilience, and safety of artificial intelligence 
                    systems, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``AI Advancement and Reliability Act 
of 2024''.

SEC. 2. ARTIFICIAL INTELLIGENCE ADVANCEMENT AND RELIABILITY.

    (a) In General.--Section 5002 of the National Artificial 
Intelligence Initiative Act of 2020 (15 U.S.C. 9401; as enacted as part 
of division E of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021; Public Law 116-283) is 
amended--
            (1) by redesignating paragraphs (4), (5), (6), (7), (8), 
        (9), (10), and (11) as paragraphs (6), (8), (9), (10), (11), 
        (12), (13), and (14), respectively;
            (2) by inserting after paragraph (3) the following new 
        paragraphs:
            ``(4) Artificial intelligence red teaming.--The term 
        `artificial intelligence red teaming' means a structured 
        testing in a controlled environment simulating real-world 
        conditions, using adversarial methods to find flaws and 
        vulnerabilities in an artificial intelligence system and 
        identify risks, flaws, and vulnerabilities of artificial 
        intelligence systems, such as harmful outputs from such system, 
        unforeseen or undesirable system behaviors, limitations, and 
        potential risks associated with the misuse of such system.
            ``(5) Artificial intelligence system.--The term `artificial 
        intelligence system' has the meaning given such term in section 
        7223 of the Advancing American AI Act (40 U.S.C. 11301 note; as 
        enacted as part of title LXXII of division G of the James M. 
        Inhofe National Defense Authorization Act for Fiscal Year 2023; 
        Public Law 117-263).''; and
            (3) by inserting after paragraph (6), as so redesignated, 
        the following new paragraph:
            ``(7) Federal laboratory.--The term `Federal laboratory' 
        has the meaning given such term in section 4 of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703).''.
    (b) Center for AI Advancement and Reliability.--Title LIII of 
division E of the National Artificial Intelligence Initiative Act of 
2020 (15 U.S.C. 9401 et seq.) is amended by adding at the end the 
following new section:

``SEC. 5304. CENTER FOR AI ADVANCEMENT AND RELIABILITY.

    ``(a) Establishment.--
            ``(1) In general.--Subject to the availability of 
        appropriations, the Under Secretary of Commerce for Standards 
        and Technology (in this section referred to as the `Under 
        Secretary') shall establish a center on artificial 
        intelligence, to be known as the `Center for AI Advancement and 
        Reliability' (in this section referred to as the `Center'), to 
        ensure continued United States leadership in research, 
        development, and evaluation of the reliability, robustness, 
        resilience, security, and safety of artificial intelligence 
        systems.
            ``(2) Purposes.--The purposes of the Center are as follows:
                    ``(A) To advance the measurement science for 
                artificial intelligence reliability, robustness, 
                resilience, security, and safety.
                    ``(B) To support the National Institute of 
                Standards and Technology laboratories as such 
                laboratories carry out artificial intelligence 
                activities related to robustness, resilience, and 
                safety described in section 22A of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278h-1).
                    ``(C) To collaborate with the private sector, 
                standards development organizations, civil society, and 
                Federal agencies in supporting the development of 
                voluntary best practices and technical standards for 
                evaluating the reliability, robustness, resilience, 
                security, and safety of artificial intelligence 
                systems.
                    ``(D) To increase the understanding of State, 
                local, and Tribal governments, institutions of higher 
                education, private sector entities, and the public of 
                artificial intelligence reliability, robustness, 
                resilience, security, and safety-related challenges and 
                remediations.
            ``(3) Director.--The Under Secretary or appropriate 
        designee shall serve as the Director of the Center.
            ``(4) Consultation and coordination.--In establishing the 
        Center, the Under Secretary shall--
                    ``(A) coordinate with--
                            ``(i) the Director of the National Science 
                        Foundation;
                            ``(ii) the Director of the Office of 
                        Science and Technology Policy;
                            ``(iii) the Secretary of Energy;
                            ``(iv) the Secretary of Defense; and
                            ``(v) the Secretary of Homeland Security; 
                        and
                    ``(B) consult with the heads of such other Federal 
                agencies as the Under Secretary considers appropriate.
            ``(5) Activities.--The activities of the Center, which the 
        Center may include the following:
                    ``(A) Conducting evaluations and benchmarking of 
                the capabilities and limitations of artificial 
                intelligence over time.
                    ``(B) Conducting measurement research to inform the 
                development of recommended best practices, benchmarks, 
                methodologies, procedures, voluntary consensus-based 
                technical standards, and other resources for the 
                evaluation and assurance of reliable, robust, 
                resilient, secure, and safe artificial intelligence 
                systems and reduce the risk of the misuse of such 
                systems, including relating to the following:
                            ``(i) Common definitions and 
                        characterizations for aspects of artificial 
                        intelligence safety, security, and robustness 
                        and the measurement of such that are applicable 
                        across many sectors and use cases.
                            ``(ii) The reliability, robustness, 
                        resilience, security, and safety of artificial 
                        intelligence systems and use cases, including 
                        the ability for such systems to withstand 
                        unexpected inputs and adversarial attacks.
                            ``(iii) Testing, evaluation, validation, 
                        and verification methods for risk management, 
                        including measurement and assurance for 
                        accuracy, transparency, reliability, security, 
                        verifiability, and safety throughout the 
                        lifecycle of artificial intelligence systems, 
                        including artificial intelligence red teaming.
                            ``(iv) Reference use cases for artificial 
                        intelligence systems and criteria for assessing 
                        safety risk in each such use case.
                    ``(C) Providing to relevant Federal agencies and 
                National Institute of Standards and Technology 
                laboratories, as appropriate, input and support for 
                artificial intelligence risk management regarding 
                reliability, robustness, resilience, security, and 
                safety-related topics.
                    ``(D) Engaging with, or supporting the engagement 
                of the United States Government with, international 
                standards organizations, multilateral organizations, 
                and organizations and topically relevant bodies among 
                allies and partners to support international 
                collaborations on activities described in this 
                paragraph.
                    ``(E) As appropriate, and in coordination with 
                ongoing National Institute of Standards and Technology 
                activities, coordinating Federal research, development, 
                demonstration, and standards engagement related to 
                artificial intelligence reliability, robustness, 
                resilience, security, and safety.
            ``(6) Requirements.--In carrying out the activities 
        described in paragraph (6), the Under Secretary shall carry out 
        the following:
                    ``(A) Support research that assesses and mitigates 
                artificial intelligence reliability, robustness, 
                resilience, security, and safety risks across several 
                timescales, including demonstrable safety risks that 
                arise from the use and misuse of artificial 
                intelligence systems.
                    ``(B) Assess scenarios in which artificial 
                intelligence systems could be deployed to create risks 
                for economic or national security.
                    ``(C) Leverage computing resources, access to open 
                datasets, open source software, and other resources 
                from industry, government, nonprofit organizations, 
                Federal laboratories, and institutions of higher 
                education to advance the mission of the Center, as 
                appropriate.
                    ``(D) Leverage existing Federal investments to 
                advance the mission of the Center.
                    ``(E) Avoid unnecessary duplication with National 
                Institute of Standards and Technology laboratory 
                activities authorized under section 22A of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278h-1).
            ``(7) Report.--For each fiscal year beginning with fiscal 
        year 2026, not later than 90 days after the submission of the 
        President's annual budget request for such fiscal year in 
        accordance with section 1105 of title 31, United States Code, 
        the Under Secretary shall submit to the Committee on Science, 
        Space, and Technology of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate a report that includes the following:
                    ``(A) A summarized budget in support of the Center 
                for such fiscal year and the preceding fiscal year.
                    ``(B) A description of the goals, priorities, and 
                metrics for guiding and evaluating the activities of 
                the Center.
    ``(b) Establishment of Consortium.--
            ``(1) In general.--The Under Secretary shall establish a 
        consortium (in this section referred to as the `Consortium') of 
        stakeholders from academic or research communities, Federal 
        laboratories, private industry, and civil society in matters 
        relating to artificial intelligence reliability, robustness, 
        resilience, security, and safety to support--
                    ``(A) the Center in carrying out the activities 
                specified in subsection (a)(6); and
                    ``(B) the National Institute of Standards and 
                Technology in carrying out section 22A of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                278h-1).
            ``(2) Goals.--In addition to supporting the Center in 
        carrying out activities under subsection (a)(6), the goals of 
        the Consortium are the following:
                    ``(A) To evaluate the needs of stakeholders, 
                including industry and civil society.
                    ``(B) To identify where gaps remain in the 
                activities of the Center, including relating to 
                measurement research and support for standards 
                development, and provide recommendations to the Center 
                on how to address such gaps.
            ``(3) Report.--Not later than two years after the date of 
        the enactment of this section, the Under Secretary shall submit 
        to the Committee on Science, Space, and Technology of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report summarizing the 
        contributions of the members of the Consortium in support the 
        efforts of the Center.
    ``(c) Scientific Integrity.--The Under Secretary shall ensure the 
Center, Consortium, and staff adhere to policies and procedures 
established pursuant to section 1009 of the America COMPETES Act (42 
U.S.C. 6620), including by providing mechanisms for an employee or 
associate of the National Institute of Standards and Technology, a 
member of the Consortium, a private sector entity, researcher, or 
student affiliated with the Center or Consortium, an employee of an 
agency working with the Center, or a member of the public to report 
violations of such policies by confidential and anonymous means.
    ``(d) Security.--This section shall be carried out in accordance 
with the provision of subtitle D of title VI of the Research and 
Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.; 
enacted as part of division B of Public Law 117-167) and section 223 of 
the William Mac Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (42 U.S.C. 6605).
    ``(e) Limitation.--Information shared by an entity with, or 
provided to, the National Institute of Standards and Technology for the 
purpose of the activities described in this section may not be used by 
any Federal, State, local, or Tribal department or agency to regulate 
the activity of such entity.
    ``(f) Prohibitions.--Nothing in this section may be construed to--
            ``(1) provide the Under Secretary any enforcement authority 
        that was not in effect on the day before the date of the 
        enactment of this Act;
            ``(2) confer any regulatory authority to any Federal, 
        State, Tribal, or local department or agency;
            ``(3) require any private sector entity to share data, 
        including proprietary information, with the Under Secretary, 
        the Center, or the Consortium; or
            ``(4) modify any regulatory requirement to report or submit 
        information to a Federal, State, Tribal or local department or 
        agency.
    ``(g) Sunset.--This section shall terminate on the date that is six 
years after the date of the enactment of this section.
    ``(h) Authorization of Appropriations.--There is to be authorized 
to be appropriated to the Under Secretary $10,000,000 for fiscal year 
2025 to carry out this section.''.
    (c) Hiring Critical Technical Experts Update.--Subsection (c) of 
section 6 of the National Institute of Standards and Technology Act (15 
U.S.C. 275) is amended by striking ``section (b) shall expire on the 
date that is 5 years'' and inserting ``subsection (b) shall expire on 
the date that is 7 years''.
    (d) Clerical Amendment.--The tables of contents in section 2(b) and 
in title LIII of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021 are amended by inserting after 
the items relating to section 5303 the following new items:

``Sec. 5304. Center for AI Advancement and Reliability.''.
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