S.Amdt. 3013

SA 3013. Mr. MORAN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FEDERAL STANDARDS FOR ARTIFICIAL INTELLIGENCE.

(a) In General.--Division E of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283; 134 Stat. 4523) is amended by
inserting after section 5303 the following new section:

``SEC. 5304. FEDERAL STANDARDS FOR ARTIFICIAL INTELLIGENCE.

``(a) In General.--The Director of the National Institute
of Standards and Technology shall--
``(1) develop standards and guidelines, including minimum
requirements, for artificial intelligence systems used or
operated by an agency or by a contractor of an agency or
other organization on behalf of an agency, other than
national security systems;
``(2) develop standards and guidelines, including minimum
requirements, for managing risks associated with artificial
intelligence systems for all agency operations and assets,
but such standards and guidelines shall not apply to national
security systems;
``(3) develop standards and guidelines, including minimum
requirements, for authenticating, tracking provenance, and
labeling synthetic content generated by an agency or by a
contractor of an agency or other organization on behalf of an
agency, other than national security systems; and
``(4) conduct research and analysis pursuant to section
5301 of this Act to inform the development of standards and
guidelines for activities described in this section.
``(b) Standards and Guidelines.--In developing standards
and guidelines required by subsections (a), the Director
shall--
``(1) provide standards and guidelines, practices,
profiles, and tools consistent with the framework, and
information on how agencies can leverage the framework to
reduce risks caused by agency implementation in the
development, procurement, and use of artificial intelligence
systems;
``(2) provide standards and guidelines that--
``(A) are consistent with the framework, successor
document, or technical standard that is functionally
equivalent to the framework;
``(B) are consistent with Circular A-119 of the Office of
Management and Budget, or successor circular; and
``(C) enable conformity assessment;
``(3) recommend training on standards and guidelines for
each agency responsible for procuring artificial
intelligence;
``(4) develop and periodically revise performance
indicators and measures for agency artificial intelligence
related standards and guidelines;
``(5) provide standards and guidelines, including minimum
requirements, for developing profiles for agency use of
artificial intelligence consistent with the framework;
``(6) develop profiles for framework use for an entity that
is a small business concern (as defined in section 3 of the
Small Business Act (15 U.S.C. 632));
``(7) evaluate artificial intelligence policies and
practices developed for national security systems to assess
potential application by agencies to strengthen risk
management of artificial intelligence systems; and
``(8) periodically assess the effectiveness of standards
and guidelines developed under this section and undertake
revisions as appropriate.
``(c) Readiness.--For standards and guidelines developed
pursuant to subsection (a) that are deemed by the Director to
be at a readiness level sufficient for standardization, the
Director--
``(1) shall submit standards and guidelines to the
Secretary of Commerce for promulgation under section 11331 of
title 40;
``(2) where practicable and appropriate, shall provide
technical review and assistance to agencies; and
``(3) shall evaluate the effectiveness and sufficiency of,
and challenges to, agencies' implementation of standards and
guidelines developed under this section and standards and
guidelines promulgated under section 11331 of title 40.
``(d) Testing and Evaluation of Artificial Intelligence
Acquisitions.--
``(1) Study.--Subject to the availability of
appropriations, the Director shall complete a study to review
the existing and forthcoming voluntary technical standards
for the test, evaluation, verification, and validation of
artificial intelligence acquisitions.
``(2) Testing and evaluation standards.--Not later than 90
days after the date of the completion of the study required
by paragraph (1), the Director shall--
``(A) convene relevant stakeholders to facilitate the
development of technical standards for the test, evaluation,
verification, and validation of artificial intelligence
acquisitions;
``(B) develop standards and guidelines for the conduct of
test, evaluation, verification, and validation of artificial
intelligence acquisitions pursuant to this section;
``(C) review and make recommendations to the head of each
agency on risk management policies and principles for
relevant artificial intelligence acquisitions; and
``(D) continuously update the standards and guidelines
described in this paragraph.
``(e) Definitions.--In this section:
``(1) The term `agency' means any department, independent
establishment, Government corporation, or other agency of the
executive branch of the Federal Government.
``(2) 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).
``(3) The term `Director' means the Director of the
National Institute of Standards and Technology.
``(4) The term `framework' means the most recently updated
version of the framework developed and updated pursuant to
section 22A(c) of the National Institute of Standards and
Technology Act (15 U.S.C. 278h-1(c)).
``(5) The term `national security system' has the meaning
givne such term in section 3552(b)(6) of title 44, United
States Code.
``(6) The term `profile' means an implementation of the
artificial intelligence risk management functions,
categories, and subcategories for a specific setting or
application based on the requirements, risk tolerance, and
resources of the framework user.
``(7) The term `synthetic content' means information, such
as images, videos, audio clips, and text, that has been
significantly modified or generated by algorithms, including
by artificial intelligence.''.
(b) Clerical Amendment.--The table of contents in section
2(b) of such Act is amended by inserting after the item
relating to section 5303 the following new item:

``Sec. 5304. Federal standards for artificial intelligence.''.
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