I 

118TH CONGRESS 

2D SESSION H. R. 9737 

To improve the tracking and processing of security and safety incidents 

and risks associated with artificial intelligence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2024 

Ms. ROSS (for herself and Mr. BEYER) introduced the following bill; which 

was referred to the Committee on Science, Space, and Technology, and 

in addition to the Committees on Homeland Security, Intelligence (Permanent Select), and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the tracking and processing of security and safety incidents and risks associated with artificial intelligence, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure Artificial Intel5 ligence Act of 2024’’ or the ‘‘Secure A.I. Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ARTIFICIAL INTELLIGENCE SAFETY INCI2 DENT.—The term ‘‘artificial intelligence safety inci3 dent’’ means an event that increases the risk that 

4 operation of an artificial intelligence system will— 

5 (A) result in physical or psychological 

6 harm; or 

7 (B) lead to a state in which human life, 

8 health, or property is endangered. 

9 (2) ARTIFICIAL INTELLIGENCE SECURITY INCI10 DENT.—The term ‘‘artificial intelligence security in11 cident’’ means an event that increases— 

12 (A) the risk that operation of an artificial 

13 intelligence system occurs in a way that enables 

14 the extraction of information about the behavior 

15 or characteristics of an artificial intelligence 

16 system by a third party; or 

17 (B) the ability of a third party to manipu18 late an artificial intelligence system in order to 

19 subvert the confidentiality, integrity, or avail20 ability of an artificial intelligence system or ad21 jacent system. 

22 (3) ARTIFICIAL INTELLIGENCE SECURITY VUL23 NERABILITY.—The term ‘‘artificial intelligence secu24 rity vulnerability’’ means a weakness in an artificial 

25 intelligence system that could be exploited by a third 


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1 party to subvert, without authorization, the con2 fidentiality, integrity, or availability of an artificial 

3 intelligence system, including through techniques 

4 such as— 

5 (A) data poisoning; 

6 (B) evasion attacks; 

7 (C) privacy-based attacks; and 

8 (D) abuse attacks. 

9 (4) COUNTER-ARTIFICIAL INTELLIGENCE.—The 

10 term ‘‘counter-artificial intelligence’’ means tech11 niques or procedures to extract information about 

12 the behavior or characteristics of an artificial intel13 ligence system, or to learn how to manipulate an ar14 tificial intelligence system, in order to subvert the 

15 confidentiality, integrity, or availability of an artifi16 cial intelligence system or adjacent system. 

17 SEC. 3. VOLUNTARY TRACKING AND PROCESSING OF SECU18 RITY AND SAFETY INCIDENTS AND RISKS AS19 SOCIATED WITH ARTIFICIAL INTELLIGENCE. 

20 (a) PROCESSES AND PROCEDURES FOR VULNER21 ABILITY MANAGEMENT.—Not later than 180 days after 

22 the date of the enactment of this Act, the Director of the 

23 National Institute of Standards and Technology shall— 

24 (1) initiate a process to update processes and 

25 procedures associated with the National VulnerVerDate Sep 11 2014 01:00 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H9737.IH H9737

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1 ability Database of the Institute to ensure that the 

2 database and associated vulnerability management 

3 processes incorporate artificial intelligence security 

4 vulnerabilities to the greatest extent practicable; and 

5 (2) identify any characteristics of artificial in6 telligence security vulnerabilities that make utiliza7 tion of the National Vulnerability Database inappro8 priate for their management and develop processes 

9 and procedures for vulnerability management for 

10 those vulnerabilities. 

11 (b) VOLUNTARY TRACKING OF ARTIFICIAL INTEL12 LIGENCE SECURITY AND ARTIFICIAL INTELLIGENCE

13 SAFETY INCIDENTS.— 

14 (1) VOLUNTARY DATABASE REQUIRED.—Not 

15 later than 1 year after the date of the enactment of 

16 this Act, the Director of the Institute, in coordina17 tion with the Director of the Cybersecurity and In18 frastructure Security Agency, shall— 

19 (A) develop and establish a comprehensive, 

20 voluntary database to publicly track artificial 

21 intelligence security and artificial intelligence 

22 safety incidents; and 

23 (B) in establishing the database under sub24 paragraph (A)— 


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1 (i) establish mechanisms by which pri2 vate sector entities, public sector organiza3 tions, civil society groups, and academic re4 searchers, (including current and former 

5 employees and contractors of such entities, 

6 organizations, and groups), may volun7 tarily share information with the Institute 

8 on confirmed or suspected artificial intel9 ligence security or artificial intelligence 

10 safety incidents, in a manner that pre11 serves confidentiality of any affected party 

12 and of the reporting party; 

13 (ii) leverage, to the greatest extent 

14 possible, standardized disclosure and inci15 dent description formats; 

16 (iii) develop processes to associate re17 ports pertaining to the same incident with 

18 a single incident identifier; 

19 (iv) establish classification, informa20 tion retrieval, and reporting mechanisms 

21 that sufficiently differentiate between arti22 ficial intelligence security incidents and ar23 tificial intelligence safety incidents; and 


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1 (v) create appropriate taxonomies to 

2 classify incidents based on relevant charac3 teristics, impact, or other relevant criteria. 

4 (2) IDENTIFICATION AND TREATMENT OF MA5 TERIAL ARTIFICIAL INTELLIGENCE SECURITY OR AR6 TIFICIAL INTELLIGENCE SAFETY RISKS.— 

7 (A) IN GENERAL.—Upon receipt of rel8 evant information on an artificial intelligence 

9 security or artificial intelligence safety incident, 

10 the Director of the Institute shall determine 

11 whether the described incident presents a mate12 rial artificial intelligence security or artificial 

13 intelligence safety risk sufficient for inclusion in 

14 the database developed and established under 

15 paragraph (1). 

16 (B) PRIORITIES.—In evaluating a reported 

17 incident pursuant to paragraph (1), the Direc18 tor shall prioritize inclusion in the database 

19 cases in which a described incident— 

20 (i) describes an artificial intelligence 

21 system used in critical infrastructure or 

22 safety-critical systems; 

23 (ii) would result in a high-severity or 

24 catastrophic impact to the people or econ25 omy of the United States; or 


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1 (iii) includes an artificial intelligence 

2 system widely used in commercial or public 

3 sector contexts. 

4 (3) REPORTS AND ANONYMITY.—The Director 

5 shall populate the voluntary database developed and 

6 established under paragraph (1) with incidents 

7 based on public reports and information shared 

8 using the mechanism established pursuant to sub9 paragraph (B)(i) of such paragraph, ensuring that 

10 any incident description sufficiently anonymizes 

11 those affected, unless those who are affected have 

12 consented to their names being included in the data13 base. 

14 (4) PROTECTION OF REPORTING PARTIES.— 

15 (A) PROHIBITION AGAINST RETALIA16 TION.—No employer may, directly or indirectly, 

17 discharge, demote, suspend, threaten, blacklist, 

18 harass, or in any other manner discriminate 

19 against any current or former employee or con20 tractor in the terms and conditions of employ21 ment or postemployment because of any act 

22 done by such employee or contractor— 

23 (i) in reporting incidents in accord24 ance with the mechanisms established in 

25 this section; 


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1 (ii) in reporting incidents to any 

2 Member of Congress or any committee of 

3 Congress; or 

4 (iii) in initiating, testifying in, or as5 sisting in any investigation or judicial or 

6 administrative action based upon or related 

7 to the incidents described in clause (i) or 

8 (ii). 

9 In addition, no employer may require their em10 ployees or contractors to obtain prior consent 

11 from such employer to report incidents using 

12 the reporting mechanism established in this sec13 tion or to any Member of Congress or any com14 mittee of Congress, or to obtain prior consent 

15 to participate in investigations, judicial, or ad16 ministrative actions based upon or related to 

17 such incidents. 

18 (B) ENFORCEMENT.—Any individual who 

19 alleges discharge or other discrimination, or is 

20 otherwise aggrieved by an employer or former 

21 employer, in violation of subparagraph (A), may 

22 seek relief by— 

23 (i) filing a complaint with the Sec24 retary of Labor in accordance with the re25 quirements of this subsection; or 


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1 (ii) if the Secretary of Labor has not 

2 issued a final decision within 180 days of 

3 the filing of a complaint under clause (i), 

4 and there is no showing that such a delay 

5 is due to the bad faith of the claimant, 

6 bringing an action against the employer at 

7 law or in equity in the appropriate district 

8 court of the United States, which shall 

9 have jurisdiction over such an action with10 out regard to the amount in controversy. 

11 (C) CONFIDENTIALITY.—The Director, 

12 and any officer or employee of the National In13 stitute of Standards and Technology or the Cy14 bersecurity and Infrastructure Security Agency, 

15 shall not disclose any information, including in16 formation provided by a whistleblower to either 

17 such official, which could reasonably be ex18 pected to reveal the identity of a whistleblower, 

19 except in accordance with the provisions of sec20 tion 552a of title 5, United States Code, unless 

21 and until required to be disclosed to a defend22 ant or respondent in connection with a public 

23 proceeding instituted by the appropriate such 

24 official. 


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1 (D) RIGHTS RETAINED.—Nothing in this 

2 section shall be deemed to diminish the rights, 

3 privileges, or remedies of any whistleblower 

4 under any Federal or State law or under any 

5 collective bargaining agreement. 

6 SEC. 4. UPDATING PROCESSES AND PROCEDURES RELAT7 ING TO COMMON VULNERABILITIES AND EX8 POSURES PROGRAM AND EVALUATION OF 

9 CONSENSUS STANDARDS RELATING TO ARTI10 FICIAL INTELLIGENCE SECURITY VULNER11 ABILITY REPORTING. 

12 (a) DEFINITIONS.—In this section: 

13 (1) COMMON VULNERABILITIES AND EXPO14 SURES PROGRAM.—The term ‘‘Common 

15 Vulnerabilities and Exposures Program’’ means the 

16 reference guide and classification system for publicly 

17 known information security vulnerabilities sponsored 

18 by the Cybersecurity and Infrastructure Security 

19 Agency. 

20 (2) RELEVANT CONGRESSIONAL COMMIT21 TEES.—The term ‘‘relevant congressional commit22 tees’’ means— 

23 (A) the Committee on Homeland Security 

24 and Governmental Affairs, the Committee on 

25 Commerce, Science, and Transportation, the 


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1 Select Committee on Intelligence, and the Com2 mittee on the Judiciary of the Senate; and 

3 (B) the Committee on Oversight and Ac4 countability, the Committee on Energy and 

5 Commerce, the Permanent Select Committee on 

6 Intelligence, and the Committee on the Judici7 ary of the House of Representatives. 

8 (b) IN GENERAL.—Not later than 180 days after the 

9 date of enactment of this Act, the Director of the Cyberse10 curity and Infrastructure Security Agency shall— 

11 (1) initiate a process to update processes and 

12 procedures associated with the Common 

13 Vulnerabilities and Exposures Program to ensure 

14 that the program and associated processes identify 

15 and enumerate artificial intelligence security 

16 vulnerabilities to the greatest extent practicable; and 

17 (2) identify any characteristic of artificial intel18 ligence security vulnerabilities that make utilization 

19 of the Common Vulnerabilities and Exposures Pro20 gram inappropriate for their management and de21 velop processes and procedures for vulnerability 

22 identification and enumeration for those artificial in23 telligence security vulnerabilities. 

24 (c) EVALUATION OF CONSENSUS STANDARDS.— 


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1 (1) IN GENERAL.—Not later than 30 days after 

2 the date of enactment of this Act, the Director of 

3 the National Institute of Standards and Technology 

4 shall initiate a multi-stakeholder process to evaluate 

5 whether existing voluntary consensus standards for 

6 vulnerability reporting effectively accommodate arti7 ficial intelligence security vulnerabilities. 

8 (2) REPORT.— 

9 (A) SUBMISSION.—Not later than 180 

10 days after the date on which the evaluation 

11 under paragraph (1) is carried out, the Director 

12 shall submit a report to the relevant congres13 sional committees on the sufficiency of existing 

14 vulnerability reporting processes and standards 

15 to accommodate artificial intelligence security 

16 vulnerabilities. 

17 (B) POST-REPORT ACTION.—If the Direc18 tor concludes in the report submitted under 

19 subparagraph (A) that existing processes do not 

20 sufficiently accommodate reporting of artificial 

21 intelligence security vulnerabilities, the Director 

22 shall initiate a process, in consultation with the 

23 Director of the National Institute of Standards 

24 and Technology and the Director of the Office 

25 of Management and Budget, to update relevant 


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1 vulnerability reporting processes, including the 

2 Department of Homeland Security Binding 

3 Operational Directive 20–01, or any subsequent 

4 directive. 

5 (d) BEST PRACTICES.—Not later than 90 days after 

6 the date of enactment of this Act, the Director of the Cy7 bersecurity and Infrastructure Security Agency shall, in 

8 collaboration with the Director of the National Security 

9 Agency and the Director of the National Institute of 

10 Standards and Technology and by leveraging efforts of the 

11 Information Communications Technology Supply Chain 

12 Risk Management Task Force to the greatest extent prac13 ticable, convene a multi-stakeholder process to encourage 

14 the development and adoption of best practices relating 

15 to addressing supply chain risks associated with training 

16 and maintaining artificial intelligence models, which shall 

17 ensure consideration of supply chain risks associated 

18 with— 

19 (1) data collection, cleaning, and labeling, par20 ticularly the supply chain risks of reliance on remote 

21 workforce and foreign labor for such tasks; 

22 (2) inadequate documentation of training data 

23 and test data storage, as well as limited provenance 

24 of training data; 


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1 (3) human feedback systems used to refine arti2 ficial intelligence systems, particularly the supply 

3 chain risks of reliance on remote workforce and for4 eign labor for such tasks; 

5 (4) the use of large-scale, open-source datasets, 

6 particularly the supply chain risks to repositories 

7 that host such datasets for use by public and private 

8 sector developers in the United States; and 

9 (5) the use of proprietary datasets containing 

10 sensitive or personally identifiable information. 

11 (e) RULE OF CONSTRUCTION.—To the extent prac12 ticable, the Director shall examine the reporting require13 ments pursuant to division Y of the Cyber Incident Re14 porting for Critical Infrastructure Act of 2022 (Public 

15 Law 117–103) and the amendments made by that division 

16 and ensure that the requirements under this section are 

17 not duplicative of requirements set forth in that division 

18 and the amendments made by that division. 

19 SEC. 5. ESTABLISHMENT OF ARTIFICIAL INTELLIGENCE SE20 CURITY CENTER. 

21 (a) ESTABLISHMENT.—Not later than 90 days after 

22 the date of the enactment of this Act, the Director of the 

23 National Security Agency shall establish an Artificial In24 telligence Security Center within the Cybersecurity Col25 laboration Center of the National Security Agency. 


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1 (b) FUNCTIONS.—The functions of the Artificial In2 telligence Security Center shall be as follows: 

3 (1) Making available a research test-bed to pri4 vate sector and academic researchers, on a sub5 sidized basis, to engage in artificial intelligence secu6 rity research, including through the secure provision 

7 of access in a secure environment to proprietary 

8 third-party models with the consent of the vendors 

9 of the models. 

10 (2) Developing guidance to prevent or mitigate 

11 counter-artificial intelligence techniques. 

12 (3) Promoting secure artificial intelligence 

13 adoption practices for managers of national security 

14 systems (as defined in section 3552 of title 44, 

15 United States Code) and elements of the defense in16 dustrial base. 

17 (4) Coordinating with the Artificial Intelligence 

18 Safety Institute within the National Institute of 

19 Standards and Technology. 

20 (5) Such other functions as the Director con21 siders appropriate. 

22 (c) TEST-BED REQUIREMENTS.— 

23 (1) ACCESS AND TERMS OF USAGE.— 

24 (A) RESEARCHER ACCESS.—The Director 

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1 searcher access to the test-bed made available 

2 under subsection (b)(1), with limitations on re3 searcher publication only to the extent nec4 essary to protect classified information or pro5 prietary information concerning third-party 

6 models provided through the consent of model 

7 vendors. 

8 (B) AVAILABILITY TO FEDERAL AGEN9 CIES.—The Director shall ensure that the test10 bed made available under subsection (b)(1) is 

11 also made available to other Federal agencies 

12 on a cost-recovery basis. 

13 (2) USE OF CERTAIN INFRASTRUCTURE AND

14 OTHER RESOURCES.—In carrying out subsection 

15 (b)(1), the Director shall leverage, to the greatest 

16 extent practicable, infrastructure and other re17 sources provided under section 5.2 of the Executive 

18 order dated October 30, 2023 (relating to safe, se19 cure, and trustworthy development and use of artifi20 cial intelligence). 

21 (d) ACCESS TO PROPRIETARY MODELS.—In carrying 

22 out this section, The Director shall establish such mecha23 nisms as the Director considers appropriate, including po24 tential contractual incentives, to ensure the provision of 

25 access to proprietary models by qualified independent, 


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1 third-party researchers, provided that commercial model 

2 vendors have voluntarily provided models and associated 

3 resources for such testing. 

Æ 


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