II 

Calendar No. 725 

118TH CONGRESS 

2D SESSION S. 4178 

To establish artificial intelligence standards, metrics, and evaluation tools, 

to support artificial intelligence research, development, and capacity 

building activities, to promote innovation in the artificial intelligence 

industry by ensuring companies of all sizes can succeed and thrive, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 18, 2024 

Ms. CANTWELL (for herself, Mr. YOUNG, Mr. HICKENLOOPER, Mrs. BLACKBURN, Mr. WICKER, Mr. LUJA ́N, Ms. SINEMA, Mr. ROUNDS, and Mr. 

SCHUMER) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 18 (legislative day, DECEMBER 16), 2024 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To establish artificial intelligence standards, metrics, and 

evaluation tools, to support artificial intelligence research, development, and capacity building activities, to 

promote innovation in the artificial intelligence industry 

by ensuring companies of all sizes can succeed and 

thrive, and for other purposes. 


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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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Future of Artificial Intelligence Innovation Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Sense of Congress. 

Sec. 3. Definitions. 

TITLE I—VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, 

METRICS, EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL COOPERATION 

Subtitle A—Artificial Intelligence Safety Institute and Testbeds 

Sec. 101. Artificial Intelligence Safety Institute. 

Sec. 102. Program on artificial intelligence testbeds. 

Sec. 103. National Institute of Standards and Technology and Department of 

Energy testbed to identify, test, and synthesize new materials. 

Sec. 104. National Science Foundation and Department of Energy collaboration to make scientific discoveries through the use of artificial 

intelligence. 

Sec. 105. Progress report. 

Subtitle B—International Cooperation 

Sec. 111. International coalition on innovation, development, and harmonization 

of standards with respect to artificial intelligence. 

Sec. 112. Requirement to support bilateral and multilateral artificial intelligence research collaborations. 

Subtitle C—Identifying Regulatory Barriers to Innovation 

Sec. 121. Comptroller General of the United States identification of risks and 

obstacles relating to artificial intelligence and Federal agencies. 

TITLE II—ARTIFICIAL INTELLIGENCE RESEARCH, 

DEVELOPMENT, CAPACITY BUILDING ACTIVITIES 

Sec. 201. Public data for artificial intelligence systems. 

Sec. 202. Federal grand challenges in artificial intelligence. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that policies governing ar3 tificial intelligence should maximize the potential and de4 velopment of artificial intelligence to benefit all private 

5 and public stakeholders. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) AGENCY.—The term ‘‘agency’’ has the 

9 meaning given such term in section 3502 of title 44, 

10 United States Code, except such term shall include 

11 an independent regulatory agency, as defined in such 

12 section. 

13 (2) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar14 tificial intelligence’’ has the meaning given such 

15 term in section 5002 of the National Artificial Intel16 ligence Initiative Act of 2020 (15 U.S.C. 9401). 

17 (3) ARTIFICIAL INTELLIGENCE BLUE18 TEAMING.—The term ‘‘artificial intelligence blue19 teaming’’ means an effort to conduct operational 

20 network vulnerability evaluations and provide miti21 gation techniques to entities who have a need for an 

22 independent technical review of the network security 

23 posture of an artificial intelligence system. 

24 (4) ARTIFICIAL INTELLIGENCE MODEL.—The 

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1 nent of an artificial intelligence system that is a 

2 model— 

3 (A) derived using mathematical, computa4 tional, statistical, or machine-learning tech5 niques; and 

6 (B) used as part of an artificial intel7 ligence system to produce outputs from a given 

8 set of inputs. 

9 (5) ARTIFICIAL INTELLIGENCE RED10 TEAMING.—The term ‘‘artificial intelligence red11 teaming’’ means structured adversarial testing ef12 forts of an artificial intelligence system to identify 

13 risks, flaws, and vulnerabilities of the artificial intel14 ligence system, such as harmful outputs from the 

15 system, unforeseen or undesirable system behaviors, 

16 limitations, or potential risks associated with the 

17 misuse of the system. 

18 (6) ARTIFICIAL INTELLIGENCE RISK MANAGE19 MENT FRAMEWORK.—The term ‘‘Artificial Intel20 ligence Risk Management Framework’’ means the 

21 most recently updated version of the framework de22 veloped and updated pursuant to section 22A(c) of 

23 the National Institute of Standards and Technology 

24 Act (15 U.S.C. 278h–1(c)). 


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1 (7) ARTIFICIAL INTELLIGENCE SYSTEM.—The 

2 term ‘‘artificial intelligence system’’ has the meaning 

3 given such term in section 7223 of the Advancing 

4 American AI Act (40 U.S.C. 11301 note). 

5 (8) CRITICAL INFRASTRUCTURE.—The term 

6 ‘‘critical infrastructure’’ has the meaning given such 

7 term in section 1016(e) of the Uniting and 

8 Strengthening America by Providing Appropriate 

9 Tools Required to Intercept and Obstruct Terrorism 

10 (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 

11 5195c(e)). 

12 (9) FEDERAL LABORATORY.—The term ‘‘Fed13 eral laboratory’’ has the meaning given such term in 

14 section 4 of the Stevenson-Wydler Technology Inno15 vation Act of 1980 (15 U.S.C. 3703). 

16 (10) FOUNDATION MODEL.—The term ‘‘founda17 tion model’’ means an artificial intelligence model 

18 trained on broad data at scale and is adaptable to 

19 a wide range of downstream tasks. 

20 (11) GENERATIVE ARTIFICIAL INTEL21 LIGENCE.—The term ‘‘generative artificial intel22 ligence’’ means the class of artificial intelligence 

23 models that utilize the structure and characteristics 

24 of input data in order to generate outputs in the 

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1 thetic content can include images, videos, audio, 

2 text, software, code, and other digital content. 

3 (12) NATIONAL LABORATORY.—The term ‘‘Na4 tional Laboratory’’ has the meaning given such term 

5 in section 2 of the Energy Policy Act of 2005 (42 

6 U.S.C. 15801). 

7 (13) SYNTHETIC CONTENT.—The term ‘‘syn8 thetic content’’ means information, such as images, 

9 videos, audio clips, and text, that has been signifi10 cantly modified or generated by algorithms, includ11 ing by artificial intelligence. 

12 (14) TESTBED.—The term ‘‘testbed’’ means a 

13 facility or mechanism equipped for conducting rig14 orous, transparent, and replicable testing of tools 

15 and technologies, including artificial intelligence sys16 tems, to help evaluate the functionality, trust17 worthiness, usability, and performance of those tools 

18 or technologies. 

19 (15) TEVV.—The term ‘‘TEVV’’ means meth20 odologies, metrics, techniques, and tasks for testing, 

21 evaluating, verifying, and validating artificial intel22 ligence systems or components. 

23 (16) WATERMARKING.—The term 

24 ‘‘watermarking’’ means the act of embedding infor25 mation that is intended to be difficult to remove, 


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1 into outputs generated by artificial intelligence, in2 cluding outputs such as text, images, audio, videos, 

3 software code, or any other digital content or data, 

4 for the purposes of verifying the authenticity of the 

5 output or the identity or characteristics of its prove6 nance, modifications, or conveyance. 

7 TITLE I—VOLUNTARY ARTIFI8 CIAL INTELLIGENCE STAND9 ARDS, METRICS, EVALUATION 

10 TOOLS, TESTBEDS, AND 

11 INTERNATIONAL COOPERA12 TION 

13 Subtitle A—Artificial Intelligence 

14 Safety Institute and Testbeds 

15 SEC. 101. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE. 

16 (a) ESTABLISHMENT OF INSTITUTE.— 

17 (1) IN GENERAL.—Not later than 1 year after 

18 the date of the enactment of this Act, the Under 

19 Secretary of Commerce for Standards and Tech20 nology (in this section referred to as the ‘‘Under 

21 Secretary’’) shall establish an institute on artificial 

22 intelligence. 

23 (2) DESIGNATION.—The institute established 

24 pursuant to paragraph (1) shall be known as the 


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1 ‘‘Artificial Intelligence Safety Institute’’ (in this sec2 tion referred to as the ‘‘Institute’’). 

3 (3) MISSION.—The mission of the Institute is 

4 as follows: 

5 (A) To assist the private sector and agen6 cies in developing voluntary best practices for 

7 the robust assessment of artificial intelligence 

8 systems. 

9 (B) To provide technical assistance for the 

10 adoption and use of artificial intelligence across 

11 the Federal Government to improve the quality 

12 of government services. 

13 (C) To develop guidelines, methodologies, 

14 and best practices to promote— 

15 (i) development and adoption of vol16 untary, consensus-based technical stand17 ards or industry standards; 

18 (ii) long-term advancements in artifi19 cial intelligence technologies; and 

20 (iii) innovation in the artificial intel21 ligence industry by ensuring that compa22 nies of all sizes can succeed and thrive. 

23 (b) DIRECTOR.—The Under Secretary shall appoint 

24 a director of the Institute, who shall be known as the ‘‘Di25 rector of the Artificial Intelligence Safety Institute’’ (in 


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1 this section referred to as the ‘‘Director’’) and report di2 rectly to the Under Secretary. 

3 (c) STAFF AND AUTHORITIES.— 

4 (1) STAFF.—The Director may hire such full5 time employees as the Director considers appropriate 

6 to assist the Director in carrying out the functions 

7 of the Institute. 

8 (2) USE OF AUTHORITY TO HIRE CRITICAL

9 TECHNICAL EXPERTS.—In addition to making ap10 pointments under paragraph (1) of this subsection, 

11 the Director, in coordination with the Secretary of 

12 Commerce, may make appointments of scientific, en13 gineering, and professional personnel, and fix their 

14 basic pay, under subsection (b) of section 6 of the 

15 National Institute of Standards and Technology Act 

16 (15 U.S.C. 275) to hire critical technical experts. 

17 (3) EXPANSION OF AUTHORITY TO HIRE CRIT18 ICAL TECHNICAL EXPERTS.—Such subsection is 

19 amended, in the second sentence, by striking ‘‘15’’ 

20 and inserting ‘‘30’’. 

21 (4) MODIFICATION OF SUNSET.—Subsection (c) 

22 of such section is amended by striking ‘‘the date 

23 that is 5 years after the date of the enactment of 

24 this section’’ and inserting ‘‘December 30, 2035’’. 


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1 (5) AGREEMENTS.—The Director may enter 

2 into such agreements, including contracts, grants, 

3 cooperative agreements, and other transactions, as 

4 the Director considers necessary to carry out the 

5 functions of the Institute and on such terms as the 

6 Under Secretary considers appropriate. 

7 (d) CONSULTATION AND COORDINATION.—In estab8 lishing the Institute, the Under Secretary shall— 

9 (1) coordinate with— 

10 (A) the Secretary of Energy; 

11 (B) the Secretary of Homeland Security; 

12 (C) the Secretary of Defense; 

13 (D) the Director of the National Science 

14 Foundation; and 

15 (E) the Director of the Office of Science 

16 and Technology Policy; and 

17 (2) consult with the heads of such other Fed18 eral agencies as the Under Secretary considers ap19 propriate. 

20 (e) FUNCTIONS.—The functions of the Institute, 

21 which the Institute shall carry out in coordination with 

22 the laboratories of the National Institute of Standards and 

23 Technology, are as follows: 


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1 (1) RESEARCH, EVALUATION, TESTING, AND

2 STANDARDS.—The following functions relating to re3 search, evaluation, testing, and standards: 

4 (A) Conducting measurement research into 

5 system and model safety, validity and reli6 ability, security, capabilities and limitations, 

7 explainability, interpretability, and privacy. 

8 (B) Working with the Department of En9 ergy, the National Science Foundation, public10 private partnerships, including the Artificial In11 telligence Safety Institute Consortium estab12 lished under subsection (f), and other private 

13 sector organizations to develop testing environ14 ments and perform regular benchmarking and 

15 capability evaluations, including artificial intel16 ligence red-teaming as the Director considers 

17 appropriate. 

18 (C) Working with consensus-based, open, 

19 and transparent standards development organi20 zations (SDOs) and relevant industry, Federal 

21 laboratories, civil society, and academic institu22 tions to advance development and adoption of 

23 clear, implementable, technically sound, and 

24 technology-neutral voluntary standards and 

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1 ations in approach depending on the size of the 

2 entity, the potential risks and potential benefits 

3 of the artificial intelligence system, and the role 

4 of the entity (such as developer, deployer, or 

5 user) relating to artificial intelligence systems. 

6 (D) Building upon the Artificial Intel7 ligence Risk Management Framework to incor8 porate guidelines on generative artificial intel9 ligence systems. 

10 (E) Developing a companion resource to 

11 the Secure Software Development Framework 

12 to incorporate secure development practices for 

13 generative artificial intelligence and for founda14 tion models. 

15 (F) Developing and publishing cybersecu16 rity tools, methodologies, best practices, vol17 untary guidelines, and other supporting infor18 mation to assist persons who maintain systems 

19 used to create or train artificial intelligence 

20 models to discover and mitigate vulnerabilities 

21 and attacks. 

22 (G) Coordinating or developing guidelines, 

23 metrics, benchmarks, and methodologies for 

24 evaluating artificial intelligence systems, includ25 ing the following: 


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1 (i) Cataloging existing artificial intel2 ligence metrics, benchmarks, and evalua3 tion methodologies used in industry and 

4 academia. 

5 (ii) Testing and validating the efficacy 

6 of existing metrics, benchmarks, and eval7 uations, as well as TEVV tools and prod8 ucts. 

9 (iii) Funding and facilitating research 

10 and other activities in a transparent man11 ner, including at institutions of higher edu12 cation and other nonprofit and private sec13 tor partners, to evaluate, develop, or im14 prove TEVV capabilities, with rigorous sci15 entific merit, for artificial intelligence sys16 tems. 

17 (iv) Evaluating foundation models for 

18 their potential effect in downstream sys19 tems, such as when retrained or fine20 tuned. 

21 (H) Coordinating with counterpart institu22 tions of international partners and allies to pro23 mote global interoperability in the development 

24 of research, evaluation, testing, and standards 

25 relating to artificial intelligence. 


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1 (I) Developing tools, methodologies, best 

2 practices, and voluntary guidelines for identi3 fying vulnerabilities in foundation models. 

4 (J) Developing tools, methodologies, best 

5 practices, and voluntary guidelines for relevant 

6 agencies to track incidents resulting in harm 

7 caused by artificial intelligence systems. 

8 (2) IMPLEMENTATION.—The following func9 tions relating to implementation: 

10 (A) Using publicly available and volun11 tarily provided information, conducting evalua12 tions to assess the impacts of artificial intel13 ligence systems, and developing guidelines and 

14 practices for safe development, deployment, and 

15 use of artificial intelligence technology. 

16 (B) Aligning capability evaluation and red17 teaming guidelines and benchmarks, sharing 

18 best practices, and coordinating on building 

19 testbeds and test environments with allies of 

20 the United States and international partners 

21 and allies. 

22 (C) Coordinating vulnerability and incident 

23 data sharing with international partners and al24 lies. 


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1 (D) Integrating appropriate testing capa2 bilities and infrastructure for testing of models 

3 and systems. 

4 (E) Establishing blue-teaming capabilities 

5 to develop mitigation approaches and partner 

6 with industry to address risks and negative im7 pacts. 

8 (F) Developing voluntary guidelines on— 

9 (i) detecting synthetic content, au10 thenticating content and tracking of the 

11 provenance of content, labeling original 

12 and synthetic content, such as by 

13 watermarking, and evaluating software and 

14 systems relating to detection and labeling 

15 of synthetic content; 

16 (ii) ensuring artificial intelligence sys17 tems do not violate privacy rights or other 

18 rights; and 

19 (iii) transparency documentation of 

20 artificial intelligence datasets and artificial 

21 intelligence models. 

22 (G) Coordinating with relevant agencies to 

23 develop or support, as the heads of the agencies 

24 determine appropriate, sector- and application25 specific profiles of the Artificial Intelligence 


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1 Risk Management Framework for different use 

2 cases, integrating end-user experience and on3 going development work into a continuously 

4 evolving toolkit. 

5 (3) OPERATIONS AND ENGAGEMENT.—The fol6 lowing functions relating to operations and engage7 ment: 

8 (A) Managing the work of the Institute, 

9 developing internal processes, and ensuring that 

10 the Institute meets applicable goals and targets. 

11 (B) Engaging with the private sector to 

12 promote innovation and competitiveness. 

13 (C) Engaging with international standards 

14 organizations, multilateral organizations, and 

15 similar institutes among allies and partners. 

16 (f) ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE

17 CONSORTIUM.— 

18 (1) ESTABLISHMENT.— 

19 (A) IN GENERAL.—Not later than 180 

20 days after the date of the enactment of this 

21 Act, the Under Secretary shall establish a con22 sortium of stakeholders from academic or re23 search communities, Federal laboratories, pri24 vate industry, including companies of all sizes 

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1 ligence systems, including developers, deployers, 

2 and users, and civil society with expertise in 

3 matters relating to artificial intelligence to sup4 port the Institute in carrying out the functions 

5 set forth under subsection (e). 

6 (B) DESIGNATION.—The consortium es7 tablished pursuant to subparagraph (A) shall be 

8 known as the ‘‘Artificial Intelligence Safety In9 stitute Consortium’’. 

10 (2) CONSULTATION.—The Under Secretary, 

11 acting through the Director, shall consult with the 

12 consortium established under this subsection not less 

13 frequently than quarterly. 

14 (3) REPORT TO CONGRESS.—Not later than 2 

15 years after the date of the enactment of this Act, the 

16 Director of the National Institute of Standards and 

17 Technology shall submit to the Committee on Com18 merce, Science, and Transportation of the Senate 

19 and the Committee on Science, Space, and Tech20 nology of the House of Representatives a report 

21 summarizing the contributions of the members of 

22 the consortium established under this subsection in 

23 support the efforts of the Institute. 

24 (g) ARTIFICIAL INTELLIGENCE SYSTEM TESTING.— 

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1 section (a), the Under Secretary shall support and con2 tribute to the development of voluntary, consensus-based 

3 technical standards for testing artificial intelligence sys4 tem components, including, as the Under Secretary con5 siders appropriate, the following: 

6 (1) Physical infrastructure for training or de7 veloping artificial intelligence models and systems, 

8 including cloud infrastructure. 

9 (2) Physical infrastructure for operating artifi10 cial intelligence systems, including cloud infrastruc11 ture. 

12 (3) Data for training artificial intelligence mod13 els. 

14 (4) Data for evaluating the functionality and 

15 trustworthiness of trained artificial intelligence mod16 els and systems. 

17 (5) Trained or partially trained artificial intel18 ligence models and any resulting software systems or 

19 products. 

20 (h) GIFTS.— 

21 (1) AUTHORITY.—The Director may seek, ac22 cept, hold, administer, and use gifts from public and 

23 private sources whenever the Director determines it 

24 would be in the interest of the United States to do 

25 so. 


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1 (2) REGULATIONS.—The Director, in consulta2 tion with the Director of the Office of Government 

3 Ethics, shall ensure that authority under this sub4 section is exercised consistent with all relevant eth5 ical constraints and principles, including— 

6 (A) the avoidance of any prohibited conflict 

7 of interest or appearance of impropriety; and 

8 (B) a prohibition against the acceptance of 

9 a gift from a foreign government or an agent 

10 of a foreign government. 

11 (i) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to provide the Director of the Na13 tional Institute of Standards and Technology any enforce14 ment authority that was not in effect on the day before 

15 the date of the enactment of this Act. 

16 SEC. 102. PROGRAM ON ARTIFICIAL INTELLIGENCE 

17 TESTBEDS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE COMMITTEES OF CON20 GRESS.—The term ‘‘appropriate committees of Con21 gress’’ means— 

22 (A) the Committee on Commerce, Science, 

23 and Transportation and the Committee on En24 ergy and Natural Resources of the Senate; and 


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1 (B) the Committee on Science, Space, and 

2 Technology of the House of Representatives. 

3 (2) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the National Science Foundation. 

5 (3) INSTITUTE.—The term ‘‘Institute’’ means 

6 the Artificial Intelligence Safety Institute established 

7 by section 101. 

8 (4) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Energy. 

10 (5) UNDER SECRETARY.—The term ‘‘Under 

11 Secretary’’ means the Under Secretary of Commerce 

12 for Standards and Technology. 

13 (b) PROGRAM REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, the Under 

15 Secretary shall, in coordination with the Secretary and the 

16 Director, establish and commence carrying out a testbed 

17 program to encourage collaboration and support partner18 ships between the National Laboratories, the National In19 stitute of Standards and Technology, the National Artifi20 cial Intelligence Research Resource pilot program estab21 lished by the Director of the National Science Foundation, 

22 or any successor program, and public and private sector 

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1 sessments of artificial intelligence systems, including 

2 measurement methodologies developed by the Institute. 

3 (c) ACTIVITIES.—In carrying out this program, the 

4 Under Secretary shall, in coordination with the Sec5 retary— 

6 (1) use the advanced computing resources, 

7 testbeds, and expertise of the National Laboratories, 

8 the Institute, the National Science Foundation, and 

9 private sector entities to run tests and evaluations 

10 on the capabilities and limitations of artificial intel11 ligence systems; 

12 (2) use existing solutions to the maximum ex13 tent practicable; 

14 (3) develop automated and reproducible tests, 

15 evaluations, and risk assessments for artificial intel16 ligence systems to the extent that is practicable; 

17 (4) assess the computational resources nec18 essary to run tests, evaluations, and risk assess19 ments of artificial intelligence systems; 

20 (5) research methods to effectively minimize the 

21 computational resources needed to run tests, evalua22 tions, and risk assessments of artificial intelligence 

23 systems; 

24 (6) consider developing tests, evaluations, and 

25 risk assessments for artificial intelligence systems 


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1 that are designed for high-, medium-, and low-com2 putational intensity; and 

3 (7) prioritize identifying and evaluating sce4 narios in which the artificial intelligence systems 

5 tested or evaluated by a testbed could be deployed 

6 in a way that poses security risks, and either estab7 lishing classified testbeds, or utilizing existing classi8 fied testbeds, at the National Laboratories if nec9 essary, including with respect to— 

10 (A) autonomous offensive cyber capabili11 ties; 

12 (B) cybersecurity vulnerabilities in the ar13 tificial intelligence software ecosystem and be14 yond; 

15 (C) chemical, biological, radiological, nu16 clear, critical infrastructure, and energy-secu17 rity threats or hazards; and 

18 (D) such other capabilities as the Under 

19 Secretary determines necessary. 

20 (d) CONSIDERATION GIVEN.—In carrying out the ac21 tivities required by subsection (c), the Under Secretary 

22 shall, in coordination with the Secretary, take under con23 sideration the applicability of any tests, evaluations, and 

24 risk assessments to artificial intelligence systems trained 


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1 using primarily biological sequence data, including those 

2 systems used for gene synthesis. 

3 (e) METRICS.—The Under Secretary, in collaboration 

4 with the Secretary, shall develop metrics— 

5 (1) to assess the effectiveness of the program in 

6 encouraging collaboration and supporting partner7 ships as described in subsection (b); and 

8 (2) to assess the impact of the program on pub9 lic and private sector integration and use of artificial 

10 intelligence systems. 

11 (f) USE OF EXISTING PROGRAM.—In carrying out 

12 the program required by subsection (a), the Under Sec13 retary may, in collaboration with the Secretary and the 

14 Director, use a program that was in effect on the day be15 fore the date of the enactment of this Act. 

16 (g) EVALUATION AND FINDINGS.—Not later than 3 

17 years after the start of this program, the Under Secretary 

18 shall, in collaboration with the Secretary— 

19 (1) evaluate the success of the program in en20 couraging collaboration and supporting partnerships 

21 as described in subsection (b), using the metrics de22 veloped pursuant to subsection (e); 

23 (2) evaluate the success of the program in en24 couraging public and private sector integration and 


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1 use of artificial intelligence systems by using the 

2 metrics developed pursuant to subsection (e); and 

3 (3) submit to the appropriate committees of 

4 Congress the evaluation supported pursuant to para5 graph (1) and the findings of the Under Secretary, 

6 the Secretary, and the Director with respect to the 

7 testbed program. 

8 (h) CONSULTATION.—In carrying out subsection (b), 

9 the Under Secretary shall consult, as the Under Secretary 

10 considers appropriate, with the following: 

11 (1) Industry, including private artificial intel12 ligence laboratories, companies of all sizes, and rep13 resentatives from the United States financial sector. 

14 (2) Academia and institutions of higher edu15 cation. 

16 (3) Civil society. 

17 (4) Third-party evaluators. 

18 (i) ESTABLISHMENT OF FOUNDATION MODELS TEST

19 PROGRAM.—In carrying out the program under subsection 

20 (b), the Under Secretary shall, acting through the Direc21 tor of the Institute and in coordination with the Secretary 

22 of Energy, carry out a test program to provide vendors 

23 of foundation models the opportunity to voluntarily test 

24 foundation models across a range of modalities, such as 

25 models that ingest and output text, images, audio, video, 


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1 software code, and mixed modalities, relative to the Artifi2 cial Intelligence Risk Management Framework, by— 

3 (1) conducting research and regular testing to 

4 improve and benchmark the accuracy, efficacy, and 

5 bias of foundation models; 

6 (2) conducting research to identify key capabili7 ties, limitations, and unexpected behaviors of foun8 dation models; 

9 (3) identifying and evaluating scenarios in 

10 which these models could pose risks; 

11 (4) establishing reference use cases for founda12 tion models and performance criteria for assessing 

13 each use case, including accuracy, efficacy, and bias 

14 metrics; 

15 (5) enabling developers and deployers of foun16 dation models to evaluate such systems for risks, in17 cidents, and vulnerabilities if deployed in such use 

18 cases; 

19 (6) coordinating public evaluations, which may 

20 include prizes and challenges, to evaluate foundation 

21 models; and 

22 (7) as the Under Secretary and the Secretary 

23 consider appropriate, producing public-facing reports 

24 of the findings from such testing for a general audi25 ence. 


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1 (j) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to require a person to disclose any 

3 information, including information— 

4 (1) relating to a trade secret or other protected 

5 intellectual property right; 

6 (2) that is confidential business information; or 

7 (3) that is privileged. 

8 SEC. 103. NATIONAL INSTITUTE OF STANDARDS AND TECH9 NOLOGY AND DEPARTMENT OF ENERGY 

10 TESTBED TO IDENTIFY, TEST, AND SYN11 THESIZE NEW MATERIALS. 

12 (a) TESTBED AUTHORIZED.—The Secretary of Com13 merce, acting through the Director of the National Insti14 tute of Standards and Technology, and the Secretary of 

15 Energy shall jointly establish a testbed to identify, test, 

16 and synthesize new materials to advance materials science 

17 and to support advanced manufacturing for the benefit of 

18 the United States economy through the use of artificial 

19 intelligence, autonomous laboratories, and artificial intel20 ligence integrated with emerging technologies, such as 

21 quantum hybrid computing and robotics. 

22 (b) SUPPORT FOR ACCELERATED TECHNOLOGIES.— 

23 The Secretary of Commerce and the Secretary of Energy 

24 shall ensure that technologies accelerated using the 

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1 ported by advanced algorithms and models, uncertainty 

2 quantification, and software and workforce development 

3 tools to produce benchmark data, model comparison tools, 

4 and best practices guides. 

5 (c) PUBLIC-PRIVATE PARTNERSHIPS.—In carrying 

6 out subsection (a), the Secretary of Commerce and the 

7 Secretary of Energy shall, in consultation with industry, 

8 civil society, and academia, enter into such public-private 

9 partnerships as the Secretaries jointly determine appro10 priate. 

11 (d) RESOURCES.—In carrying out subsection (a), the 

12 Secretaries may use resources from National Laboratories 

13 and the private sector. 

14 SEC. 104. NATIONAL SCIENCE FOUNDATION AND DEPART15 MENT OF ENERGY COLLABORATION TO MAKE 

16 SCIENTIFIC DISCOVERIES THROUGH THE 

17 USE OF ARTIFICIAL INTELLIGENCE. 

18 (a) IN GENERAL.—The Director of the National 

19 Science Foundation (referred to in this section as the ‘‘Di20 rector’’) and the Secretary of Energy (referred to in this 

21 section as the ‘‘Secretary’’) shall collaborate to support 

22 new translational scientific discoveries and advancements 

23 for the benefit of the economy of the United States 

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1 cial intelligence integrated with emerging technologies, 

2 such as quantum hybrid computing and robotics. 

3 (b) PUBLIC-PRIVATE PARTNERSHIPS.—In carrying 

4 out subsection (a), the Director and the Secretary shall 

5 enter into such public-private partnerships as the Director 

6 and the Secretary jointly determine appropriate. 

7 (c) RESOURCES.—In carrying out subsection (a), the 

8 Director and the Secretary may accept and use resources 

9 from the National Laboratories, resources from the pri10 vate sector, and academic resources. 

11 SEC. 105. PROGRESS REPORT. 

12 Not later than 1 year after the date of the enactment 

13 of this Act, the Director of the Artificial Intelligence Safe14 ty Institute shall, in coordination with the Secretary of 

15 Commerce and the Secretary of Energy, submit to Con16 gress a report on the implementation of this subtitle. 

17 Subtitle B—International 

18 Cooperation 

19 SEC. 111. INTERNATIONAL COALITION ON INNOVATION, DE20 VELOPMENT, AND HARMONIZATION OF 

21 STANDARDS WITH RESPECT TO ARTIFICIAL 

22 INTELLIGENCE. 

23 (a) IN GENERAL.—The Secretary of Commerce, the 

24 Secretary of State, and the Director of the Office of 

25 Science and Technology Policy (in this section referred to 


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1 as the ‘‘Director’’), in consultation with the heads of rel2 evant agencies, shall jointly seek to form an alliance or 

3 coalition with like-minded governments of foreign coun4 tries— 

5 (1) to cooperate on approaches to innovation 

6 and advancements in artificial intelligence and eco7 systems for artificial intelligence; 

8 (2) to coordinate on development and use of 

9 interoperable international standards or harmoni10 zation of standards with respect to artificial intel11 ligence; 

12 (3) to promote adoption of common artificial in13 telligence standards; 

14 (4) to develop the government-to-government 

15 infrastructure needed to facilitate coordination of co16 herent global application of artificial intelligence 

17 safety standards, including, where appropriate, put18 ting in place agreements for information sharing be19 tween governments; and 

20 (5) to involve private-sector stakeholders from 

21 partner countries to help inform coalition partners 

22 on recent developments in artificial intelligence and 

23 associated standards development. 

24 (b) CRITERIA FOR PARTICIPATION.—In forming an 

25 alliance or coalition of like-minded governments of foreign 


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1 countries under subsection (a), the Secretary of Com2 merce, the Secretary of State, and the Director, in con3 sultation with the heads of relevant agencies, shall jointly 

4 establish technology trust criteria— 

5 (1) to ensure all participating countries that 

6 have a high level of scientific and technological ad7 vancement; 

8 (2) to ensure all participating countries commit 

9 to using open international standards; and 

10 (3) to support the governance principles for 

11 international standards as detailed in the World 

12 Trade Organization Agreement on Technical Bar13 riers to Trade, done at Geneva April 12, 1979, on 

14 international standards, such as transparency, open15 ness, and consensus-based decision-making. 

16 (c) CONSULTATION ON INNOVATION AND ADVANCE17 MENTS IN ARTIFICIAL INTELLIGENCE.—In forming an al18 liance or coalition under subsection (a), the Director, the 

19 Secretary of Commerce, and the Secretary of State shall 

20 consult with the Secretary of Energy and the Director of 

21 the National Science Foundation on approaches to innova22 tion and advancements in artificial intelligence. 

23 (d) SECURITY AND PROTECTION OF INTELLECTUAL

24 PROPERTY.—The Director, the Secretary of Commerce, 

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1 ance or coalition formed under subsection (a) is only 

2 formed with countries that— 

3 (1) have in place sufficient intellectual property 

4 protections, safety standards, and risk management 

5 approaches relevant to innovation and artificial intel6 ligence; and 

7 (2) develop and coordinate research security 

8 measures, export controls, and intellectual property 

9 protections relevant to innovation, development, and 

10 standard-setting relating to artificial intelligence. 

11 (e) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to prohibit anyone from partici13 pating in other international standards bodies. 

14 SEC. 112. REQUIREMENT TO SUPPORT BILATERAL AND 

15 MULTILATERAL ARTIFICIAL INTELLIGENCE 

16 RESEARCH COLLABORATIONS. 

17 (a) IN GENERAL.—The Director of the National 

18 Science Foundation shall support bilateral and multilat19 eral collaborations to facilitate innovation in research and 

20 development of artificial intelligence. 

21 (b) ALIGNMENT WITH PRIORITIES.—The Director 

22 shall ensure that collaborations supported under sub23 section (a) align with the priorities of the Foundation and 

24 United States research community and have the potential 


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1 to benefit United States prosperity, security, health, and 

2 well-being. 

3 (c) REQUIREMENTS.—The Director shall ensure that 

4 collaborations supported under subsection (a)— 

5 (1) support innovation and advancement in re6 search on the development and use of artificial intel7 ligence; 

8 (2) facilitate international collaboration on in9 novation and advancement in artificial intelligence 

10 research and development, including data sharing, 

11 expertise, and resources; and 

12 (3) leverage existing National Science Founda13 tion programs, such as the National Science Foun14 dation-supported National Artificial Intelligence Re15 search Institutes and Global Centers programs. 

16 (d) COORDINATION OF SECURITY MEASURES AND

17 EXPORT CONTROLS.—When entering into agreements in 

18 order to support collaborations pursuant to subsection (a), 

19 the Director shall ensure that participating countries have 

20 developed and coordinated security measures and export 

21 controls to protect intellectual property and research and 

22 development. 


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1 Subtitle C—Identifying Regulatory 

2 Barriers to Innovation 

3 SEC. 121. COMPTROLLER GENERAL OF THE UNITED 

4 STATES IDENTIFICATION OF RISKS AND OB5 STACLES RELATING TO ARTIFICIAL INTEL6 LIGENCE AND FEDERAL AGENCIES. 

7 (a) REPORT REQUIRED.—Not later than 1 year after 

8 the date of the enactment of this Act, the Comptroller 

9 General of the United States shall submit to Congress a 

10 report on regulatory impediments to innovation in artifi11 cial intelligence systems. 

12 (b) CONTENTS.—The report submitted pursuant to 

13 subsection (a) shall include the following: 

14 (1) Significant examples of Federal statutes 

15 and regulations that directly affect the innovation of 

16 artificial intelligence systems, including the ability of 

17 companies of all sizes to compete in artificial intel18 ligence, which should also account for the effect of 

19 voluntary standards and best practices developed by 

20 the Federal Government. 

21 (2) An assessment of challenges that Federal 

22 agencies face in the enforcement of provisions of law 

23 identified pursuant to paragraph (1). 

24 (3) An evaluation of the progress in government 

25 adoption of artificial intelligence and use of artificial 


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1 intelligence to improve the quality of government 

2 services. 

3 (4) Based on the findings of the Comptroller 

4 General with respect to paragraphs (1) through (4), 

5 such recommendations as the Comptroller General 

6 may have for legislative or administrative action to 

7 increase the rate of innovation in artificial intel8 ligence systems. 

9 TITLE II—ARTIFICIAL INTEL10 LIGENCE RESEARCH, DEVEL11 OPMENT, CAPACITY BUILD12 ING ACTIVITIES 

13 SEC. 201. PUBLIC DATA FOR ARTIFICIAL INTELLIGENCE 

14 SYSTEMS. 

15 (a) LIST OF PRIORITIES.— 

16 (1) IN GENERAL.—To expedite the development 

17 of artificial intelligence systems in the United 

18 States, the Director of the Office of Science and 

19 Technology Policy shall, acting through the National 

20 Science and Technology Council and the Interagency 

21 Committee established or designated pursuant to 

22 section 5103 of the National Artificial Intelligence 

23 Initiative Act of 2020 (15 U.S.C. 9413), develop a 

24 list of priorities for Federal investment in creating 

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1 ernment data for training and evaluating artificial 

2 intelligence systems. 

3 (2) REQUIREMENTS.— 

4 (A) IN GENERAL.—The list developed pur5 suant to paragraph (1) shall— 

6 (i) prioritize data that will advance 

7 novel artificial intelligence systems in the 

8 public interest; and 

9 (ii) prioritize datasets unlikely to inde10 pendently receive sufficient private sector 

11 support to enable their creation, absent 

12 Federal funding. 

13 (B) DATASETS IDENTIFIED.—In carrying 

14 out subparagraph (A)(ii), the Director shall 

15 identify 20 datasets to be prioritized. 

16 (3) CONSIDERATIONS.—In developing the list 

17 under paragraph (1), the Director shall consider the 

18 following: 

19 (A) Applicability to the initial list of soci20 etal, national, and geostrategic challenges set 

21 forth by subsection (b) of section 10387 of the 

22 Research and Development, Competition, and 

23 Innovation Act (42 U.S.C. 19107), or any suc24 cessor list. 


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1 (B) Applicability to the initial list of key 

2 technology focus areas set forth by subsection 

3 (c) of such section, or any successor list. 

4 (C) Applicability to other major United 

5 States economic sectors, such as agriculture, 

6 health care, transportation, manufacturing, 

7 communications, weather services, and positive 

8 utility to small and medium United States busi9 nesses. 

10 (D) Opportunities to improve datasets in 

11 effect before the date of the enactment of this 

12 Act. 

13 (E) Inclusion of data representative of the 

14 entire population of the United States. 

15 (F) Potential national security threats to 

16 releasing datasets, consistent with the United 

17 States Government approach to data flows. 

18 (G) Requirements of laws in effect. 

19 (H) Applicability to the priorities listed in 

20 the National Artificial Intelligence Research 

21 and Development Strategic Plan of the Na22 tional Science and Technology Council, dated 

23 October 2016. 

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1 search Resource Pilot program or any successor 

2 program. 

3 (4) PUBLIC INPUT.—Before finalizing the list 

4 required by paragraph (1), the Director shall imple5 ment public comment procedures for receiving input 

6 and comment from private industry, academia, civil 

7 society, and other relevant stakeholders. 

8 (b) NATIONAL SCIENCE AND TECHNOLOGY COUNCIL

9 AGENCIES.—The head of each agency with a representa10 tive included in the Interagency Committee pursuant to 

11 section 5103(c) of the National Artificial Intelligence Ini12 tiative Act of 2020 (15 U.S.C. 9413(c)) or the heads of 

13 multiple agencies with a representative included in the 

14 Interagency Committee working cooperatively, consistent 

15 with the missions or responsibilities of each Executive 

16 agency— 

17 (1) subject to the availability of appropriations, 

18 shall award grants or otherwise establish incentives, 

19 through new or existing programs, for the creation 

20 or improvement of curated datasets identified in the 

21 list developed pursuant to subsection (a)(1), includ22 ing methods for addressing data scarcity; 

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1 courage private sector cost-sharing in the creation or 

2 improvement of such datasets; 

3 (3) may apply the priorities set forth in the list 

4 developed pursuant to subsection (a)(1) to the enact5 ment of Federal public access and open government 

6 data policies; 

7 (4) in carrying out this subsection, shall ensure 

8 consistency with Federal provisions of law relating 

9 to privacy, including the technology and privacy 

10 standards applied to the National Secure Data Serv11 ice under section 10375(f) of the Research and De12 velopment, Competition, and Innovation Act (42 

13 U.S.C. 19085(f)); and 

14 (5) in carrying out this subsection, shall ensure 

15 data sharing is limited with any country that the 

16 Secretary of Commerce, in consultation with the 

17 Secretary of Defense, the Secretary of State, and 

18 the Director of National Intelligence, determines to 

19 be engaged in conduct that is detrimental to the na20 tional security or foreign policy of the United States. 

21 (c) AVAILABILITY OF DATASETS.—Datasets that are 

22 created or improved by Federal agencies may be made 

23 available to the National Artificial Intelligence Research 

24 Resource pilot program established by the Director of the 

25 National Science Foundation in accordance with Executive 


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1 Order 14110 (88 Fed. Reg. 75191; relating to safe, se2 cure, and trustworthy development and use of artificial in3 telligence), or any successor program. 

4 (d) RULE OF CONSTRUCTION.—Nothing in this sub5 section shall be construed to require the Federal Govern6 ment or other contributors to disclose any information— 

7 (1) relating to a trade secret or other protected 

8 intellectual property right; 

9 (2) that is confidential business information; or 

10 (3) that is privileged. 

11 SEC. 202. FEDERAL GRAND CHALLENGES IN ARTIFICIAL IN12 TELLIGENCE. 

13 (a) LIST OF PRIORITIES FOR FEDERAL GRAND

14 CHALLENGES IN ARTIFICIAL INTELLIGENCE.— 

15 (1) LIST REQUIRED.—Not later than 1 year 

16 after the date of the enactment of this Act, the Di17 rector of the Office of Science and Technology Policy 

18 shall, acting through the National Science and Tech19 nology Council and the Interagency Committee es20 tablished or designated pursuant to section 5103 of 

21 the National Artificial Intelligence Initiative Act of 

22 2020 (15 U.S.C. 9413), in consultation with indus23 try, civil society, and academia, establish a list of 

24 priorities for Federal grand challenges in artificial 

25 intelligence that seek— 


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1 (A) to expedite the development of artifi2 cial intelligence systems in the United States; 

3 and 

4 (B) to stimulate artificial intelligence re5 search, development, and commercialization 

6 that solves or advances specific, well-defined, 

7 and measurable challenges. 

8 (2) CONTENTS.—The list established pursuant 

9 to paragraph (1) may include the following prior10 ities: 

11 (A) To overcome challenges with engineer12 ing of and applied research on microelectronics, 

13 including through integration of artificial intel14 ligence with emerging technologies, such as ma15 chine learning and quantum computing, or with 

16 respect to the physical limits on transistors, 

17 electrical interconnects, and memory elements. 

18 (B) To promote transformational or long19 term advancements in computing and artificial 

20 intelligence technologies through— 

21 (i) next-generation algorithm design; 

22 (ii) next-generation compute capa23 bility; 

24 (iii) generative and adaptive artificial 

25 intelligence for design applications; 


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1 (iv) photonics-based microprocessors 

2 and optical communication networks, in3 cluding electrophotonics; 

4 (v) the chemistry and physics of new 

5 materials; 

6 (vi) energy use or energy efficiency; 

7 (vii) techniques to establish cryp8 tographically secure content provenance in9 formation; or 

10 (viii) safety and controls for artificial 

11 intelligence applications. 

12 (C) To develop artificial intelligence solu13 tions, including through integration among 

14 emerging technologies such as quantum com15 puting and machine learning, to overcome bar16 riers relating to innovations in advanced manu17 facturing in the United States, including areas 

18 such as— 

19 (i) materials, nanomaterials, and com20 posites; 

21 (ii) rapid, complex design; 

22 (iii) sustainability and environmental 

23 impact of manufacturing operations; 

24 (iv) predictive maintenance of machin25 ery; 


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1 (v) improved part quality; 

2 (vi) process inspections; 

3 (vii) worker safety; and 

4 (viii) robotics. 

5 (D) To develop artificial intelligence solu6 tions in sectors of the economy, such as expand7 ing the use of artificial intelligence in maritime 

8 vessels, including in navigation and in the de9 sign of propulsion systems and fuels. 

10 (E) To develop artificial intelligence solu11 tions to improve border security, including solu12 tions relevant to the detection of fentanyl, illicit 

13 contraband, and other illegal activities. 

14 (3) PERIODIC UPDATES.—The Director shall 

15 update the list established pursuant to paragraph 

16 (1) periodically as the Director determines nec17 essary. 

18 (b) FEDERAL INVESTMENT INITIATIVES RE19 QUIRED.—Subject to the availability of appropriations, the 

20 head of each agency with a representative on the Inter21 agency Committee pursuant to section 5103(c) of the Na22 tional Artificial Intelligence Initiative Act of 2020 (15 

23 U.S.C. 9413(c)) or the heads of multiple agencies with a 

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1 sibilities of each agency, establish 1 or more prize competi2 tions under section 24 of the Stevenson-Wydler Tech3 nology Innovation Act of 1980 (15 U.S.C. 3719), chal4 lenge-based acquisitions, or other research and develop5 ment investments that each agency head deems appro6 priate consistent with the list of priorities established pur7 suant to subsection (a)(1). 

8 (c) TIMING AND ANNOUNCEMENTS OF FEDERAL IN9 VESTMENT INITIATIVES.—The President, acting through 

10 the Director, shall ensure that, not later than 1 year after 

11 the date on which the Director establishes the list required 

12 by subsection (a)(1), at least 3 prize competitions, chal13 lenge-based acquisitions, or other research and develop14 ment investments are announced by heads of Federal 

15 agencies under subsection (b). 

16 (d) REQUIREMENTS.—Each head of an agency car17 rying out an investment initiative under subsection (b) 

18 shall ensure that— 

19 (1) for each prize competition or investment ini20 tiative carried out by the agency under such sub21 section, there is— 

22 (A) a positive impact on the economic com23 petitiveness of the United States; 

24 (B) a benefit to United States industry; 


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1 (C) to the extent possible, leveraging of the 

2 resources and expertise of industry and philan3 thropic partners in shaping the investments; 

4 and 

5 (D) in a case involving development and 

6 manufacturing, use of advanced manufacturing 

7 in the United States; and 

8 (2) all research conducted for purposes of the 

9 investment initiative is conducted in the United 

10 States. 

11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

12 (a) SHORT TITLE.—This Act may be cited as the ‘‘Fu13 ture of Artificial Intelligence Innovation Act of 2024’’. 

14 (b) TABLE OF CONTENTS.—The table of contents for 

15 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Sense of Congress. 

Sec. 3. Definitions. 

TITLE I—VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, 

METRICS, EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL 

COOPERATION 

Subtitle A—Artificial Intelligence Safety Institute and Testbeds 

Sec. 101. Artificial Intelligence Safety Institute. 

Sec. 102. Program on artificial intelligence testbeds. 

Sec. 103. National Institute of Standards and Technology and Department of Energy testbed to identify, test, and synthesize new materials. 

Sec. 104. National Science Foundation and Department of Energy collaboration 

to make scientific discoveries through the use of artificial intelligence. 

Sec. 105. Progress report. 

Subtitle B—International Cooperation 

Sec. 111. International coalition on innovation, development, and harmonization 

of standards with respect to artificial intelligence. 


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Sec. 112. Requirement to support bilateral and multilateral artificial intelligence 

research collaborations. 

Subtitle C—Identifying Regulatory Barriers to Innovation 

Sec. 121. Comptroller General of the United States identification of risks and obstacles relating to artificial intelligence and Federal agencies. 

TITLE II—ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, 

CAPACITY BUILDING ACTIVITIES 

Sec. 201. Public data for artificial intelligence systems. 

Sec. 202. Federal grand challenges in artificial intelligence. 

Sec. 1. Short title; table of contents. 

Sec. 2. Sense of Congress. 

TITLE I—VOLUNTARY ARTIFICIAL INTELLIGENCE STANDARDS, 

METRICS, EVALUATION TOOLS, TESTBEDS, AND INTERNATIONAL 

COOPERATION 

Sec. 100. Definitions. 

Subtitle A—Artificial Intelligence Safety Institute and Testbeds 

Sec. 101. Artificial Intelligence Safety Institute. 

Sec. 102. Interagency coordination and program to facilitate artificial intelligence testbeds. 

Sec. 103. National Institute of Standards and Technology and Department of Energy testbed to identify, test, and synthesize new materials. 

Sec. 104. Coordination, reimbursement, and savings provisions. 

Sec. 105. Progress report. 

Subtitle B—International Cooperation 

Sec. 111. International coalitions on innovation, development, and alignment of 

standards with respect to artificial intelligence. 

Subtitle C—Identifying Regulatory Barriers to Innovation 

Sec. 121. Comptroller General of the United States identification of risks and obstacles relating to artificial intelligence and Federal agencies. 

TITLE II—ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT, 

CAPACITY BUILDING ACTIVITIES 

Sec. 201. Public data for artificial intelligence systems. 

Sec. 202. Federal grand challenges in artificial intelligence. 

TITLE III—RESEARCH SECURITY AND OTHER MATTERS 

Sec. 301. Research security. 

Sec. 302. Expansion of authority to hire critical technical experts. 

Sec. 303. Foundation for Standards and Metrology. 

Sec. 304. Prohibition on certain policies relating to the use of artificial intelligence or other automated systems. 

Sec. 305. Certifications and audits of temporary fellows. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that policies affecting artifi3 cial intelligence should maximize the potential, develop4 ment, and use of artificial intelligence to benefit all private 

5 and public stakeholders. 

6 TITLE I—VOLUNTARY ARTIFI7 CIAL INTELLIGENCE STAND8 ARDS, METRICS, EVALUATION 

9 TOOLS, TESTBEDS, AND 

10 INTERNATIONAL COOPERA11 TION 

12 SEC. 100. DEFINITIONS. 

13 In this title: 

14 (1) ARTIFICIAL INTELLIGENCE.—The term ‘‘arti15 ficial intelligence’’ has the meaning given such term 

16 in section 5002 of the National Artificial Intelligence 

17 Initiative Act of 2020 (15 U.S.C. 9401). 

18 (2) ARTIFICIAL INTELLIGENCE MODEL.—The 

19 term ‘‘artificial intelligence model’’ means a compo20 nent of an artificial intelligence system that is— 

21 (A) derived using mathematical, computa22 tional, statistical, or machine-learning tech23 niques; and 

24 (B) used as part of an artificial intelligence 

25 system to produce outputs from a given set of in26 puts. 


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1 (3) ARTIFICIAL INTELLIGENCE SYSTEM.—The 

2 term ‘‘artificial intelligence system’’ means an engi3 neered or machine-based system that— 

4 (A) can, for a given set of objectives, gen5 erate outputs such as predictions, recommenda6 tions, or decisions influencing real or virtual en7 vironments; and 

8 (B) is designed to operate with varying lev9 els of autonomy. 

10 (4) CRITICAL INFRASTRUCTURE.—The term 

11 ‘‘critical infrastructure’’ has the meaning given such 

12 term in section 1016(e) of the Uniting and Strength13 ening America by Providing Appropriate Tools Re14 quired to Intercept and Obstruct Terrorism (USA 

15 PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)). 

16 (5) FEDERAL LABORATORY.—The term ‘‘Federal 

17 laboratory’’ has the meaning given such term in sec18 tion 4 of the Stevenson-Wydler Technology Innovation 

19 Act of 1980 (15 U.S.C. 3703). 

20 (6) FOUNDATION MODEL.—The term ‘‘foundation 

21 model’’ means an artificial intelligence model trained 

22 on broad data at scale and is adaptable to a wide 

23 range of downstream tasks. 

24 (7) NATIONAL LABORATORY.—The term ‘‘Na25 tional Laboratory’’ has the meaning given such term 


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1 in section 2 of the Energy Policy Act of 2005 (42 

2 U.S.C. 15801). 

3 (8) TESTBED.—The term ‘‘testbed’’ means a fa4 cility or mechanism equipped for conducting rigorous, 

5 transparent, and replicable testing of tools and tech6 nologies, including artificial intelligence systems, to 

7 help evaluate the functionality, trustworthiness, 

8 usability, and performance of those tools or tech9 nologies. 

10 Subtitle A—Artificial Intelligence 

11 Safety Institute and Testbeds 

12 SEC. 101. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE. 

13 The National Institute of Standards and Technology 

14 Act (15 U.S.C. 271 et seq.) is amended by inserting after 

15 section 22A (15 U.S.C. 278h–1) the following: 

16 ‘‘SEC. 22B. ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) AGENCY.—The term ‘agency’ has the mean19 ing given the term ‘Executive agency’ in section 105 

20 of title 5, United States Code. 

21 ‘‘(2) ARTIFICIAL INTELLIGENCE.—The term ‘ar22 tificial intelligence’ has the meaning given such term 

23 in section 5002 of the National Artificial Intelligence 

24 Initiative Act of 2020 (15 U.S.C. 9401). 


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1 ‘‘(3) ARTIFICIAL INTELLIGENCE BLUE2 TEAMING.—The term ‘artificial intelligence blue3 teaming’ means an effort to conduct operational vul4 nerability evaluations and provide mitigation tech5 niques to entities who have a need for an independent 

6 technical review of the security posture of an artifi7 cial intelligence system. 

8 ‘‘(4) ARTIFICIAL INTELLIGENCE RED-TEAMING.— 

9 The term ‘artificial intelligence red-teaming’ means 

10 structured adversarial testing efforts of an artificial 

11 intelligence system. 

12 ‘‘(5) FEDERAL LABORATORY.—The term ‘Federal 

13 laboratory’ has the meaning given such term in sec14 tion 4 of the Stevenson-Wydler Technology Innovation 

15 Act of 1980 (15 U.S.C. 3703). 

16 ‘‘(6) FOUNDATION MODEL.—The term ‘founda17 tion model’ means an artificial intelligence model 

18 trained on broad data at scale and is adaptable to a 

19 wide range of downstream tasks. 

20 ‘‘(7) SYNTHETIC CONTENT.—The term ‘synthetic 

21 content’ means information, such as images, videos, 

22 audio clips, and text, that has been significantly 

23 modified or generated by algorithms, including by an 

24 artificial intelligence system. 


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1 ‘‘(8) TESTBED.—The term ‘testbed’ means a fa2 cility or mechanism equipped for conducting rigorous, 

3 transparent, and replicable testing of tools and tech4 nologies, including artificial intelligence systems, to 

5 help evaluate the functionality, trustworthiness, 

6 usability, and performance of those tools or tech7 nologies. 

8 ‘‘(9) WATERMARKING.—The term ‘watermarking’ 

9 means the act of embedding information that is in10 tended to be difficult to remove, into outputs gen11 erated by artificial intelligence systems or in original 

12 content, including outputs such as text, images, 

13 audio, videos, software code, or any other digital con14 tent or data, for the purposes of verifying the authen15 ticity of the output or the identity or characteristics 

16 of its provenance, modifications, or conveyance. 

17 ‘‘(b) ESTABLISHMENT OF ARTIFICIAL INTELLIGENCE

18 SAFETY INSTITUTE.— 

19 ‘‘(1) IN GENERAL.—Not later than 90 days after 

20 the date of the enactment of the Future of Artificial 

21 Intelligence Innovation Act of 2024, the Director shall 

22 establish an institute on artificial intelligence within 

23 the Institute. 


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1 ‘‘(2) DESIGNATION.—The institute established 

2 pursuant to paragraph (1) shall be known as the ‘Ar3 tificial Intelligence Safety Institute’. 

4 ‘‘(3) MISSION.—The mission of the Artificial In5 telligence Safety Institute is to assist the private sec6 tor and agencies in developing voluntary best prac7 tices for the robust assessment of artificial intelligence 

8 systems, which may be contributed to or inform the 

9 work on such practices in standards development or10 ganizations. 

11 ‘‘(c) FUNCTIONS.— 

12 ‘‘(1) IN GENERAL.—The functions of the Artifi13 cial Intelligence Safety Institute, which the Artificial 

14 Intelligence Safety Institute shall carry out in coordi15 nation with the laboratories of the Institute, include 

16 the following: 

17 ‘‘(A) Using publicly available or voluntarily 

18 provided information, assessing artificial intel19 ligence systems and developing best practices for 

20 reliable and secure development, deployment, and 

21 use of artificial intelligence technology. 

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1 ments with allies and international partners of 

2 the United States. 

3 ‘‘(C) Developing and publishing physical 

4 and cybersecurity tools, methodologies, best prac5 tices, voluntary guidelines, and other supporting 

6 information to assist persons who maintain sys7 tems used to create or train artificial intelligence 

8 models with discovering and mitigating 

9 vulnerabilities and attacks, including manipula10 tion through data poisoning, including those that 

11 may be exploited by foreign adversaries. 

12 ‘‘(D) Establishing artificial intelligence 

13 blue-teaming capabilities to support mitigation 

14 approaches and partnering with industry to ad15 dress the reliability of artificial intelligence sys16 tems. 

17 ‘‘(E) Developing tools, methodologies, best 

18 practices, and voluntary guidelines for detecting 

19 synthetic content, authenticating content and 

20 tracking of the provenance of content, labeling 

21 original and synthetic content, such as by 

22 watermarking, and evaluating software and sys23 tems relating to detection and labeling of syn24 thetic content. 


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1 ‘‘(F) Coordinating or developing metrics 

2 and methodologies for testing artificial intel3 ligence systems, including the following: 

4 ‘‘(i) Cataloging existing artificial in5 telligence metrics and evaluation methodolo6 gies used in industry and academia. 

7 ‘‘(ii) Testing the efficacy of existing 

8 metrics and evaluations. 

9 ‘‘(G) Coordinating with counterpart inter10 national institutions, partners, and allies, to 

11 support global interoperability in the develop12 ment of research and testing of standards relat13 ing to artificial intelligence. 

14 ‘‘(d) ARTIFICIAL INTELLIGENCE SAFETY INSTITUTE

15 CONSORTIUM.— 

16 ‘‘(1) ESTABLISHMENT.— 

17 ‘‘(A) IN GENERAL.—Not later than 180 

18 days after the date of the enactment of this Act, 

19 the Director shall establish a consortium of stake20 holders from academic or research communities, 

21 Federal laboratories, private industry, including 

22 companies of all sizes with different roles in the 

23 use of artificial intelligence systems, including 

24 developers, deployers, evaluators, users, and civil 

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1 ficial intelligence to support the Artificial Intel2 ligence Safety Institute in carrying out the func3 tions set forth under subsection (c). 

4 ‘‘(B) DESIGNATION.—The consortium estab5 lished pursuant to subparagraph (A) shall be 

6 known as the ‘Artificial Intelligence Safety Insti7 tute Consortium’. 

8 ‘‘(2) CONSULTATION.—The Director shall consult 

9 with the consortium established under this subsection 

10 not less frequently than quarterly. 

11 ‘‘(3) ANNUAL REPORTS TO CONGRESS.—Not later 

12 than 1 year after the date of the enactment of the Fu13 ture of Artificial Intelligence Innovation Act of 2024 

14 and not less frequently than once each year thereafter, 

15 the Director shall submit to the Committee on Com16 merce, Science, and Transportation of the Senate and 

17 the Committee on Science, Space, and Technology of 

18 the House of Representatives a report summarizing 

19 the contributions of the members of the consortium es20 tablished under this subsection in support the efforts 

21 of the Artificial Intelligence Safety Institute. 

22 ‘‘(e) VOLUNTARY ARTIFICIAL INTELLIGENCE TESTING

23 STANDARDS.—In carrying out the functions under sub24 section (c), the Director shall support and contribute to the 

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1 ards for testing artificial intelligence system components, 

2 including by addressing, as the Director considers appro3 priate, the following: 

4 ‘‘(1) Physical infrastructure for training or de5 veloping artificial intelligence models and systems, 

6 including cloud infrastructure. 

7 ‘‘(2) Physical infrastructure for operating artifi8 cial intelligence systems, including cloud infrastruc9 ture. 

10 ‘‘(3) Data for training artificial intelligence 

11 models. 

12 ‘‘(4) Data for evaluating the functionality and 

13 trustworthiness of trained artificial intelligence mod14 els and systems. 

15 ‘‘(5) Trained or partially trained artificial intel16 ligence models and any resulting software systems or 

17 products. 

18 ‘‘(6) Human-in-the-loop testing of artificial in19 telligence models and systems. 

20 ‘‘(f) MATTERS RELATING TO DISCLOSURE AND AC21 CESS.— 

22 ‘‘(1) FOIA EXEMPTION.—Any confidential con23 tent, as deemed confidential by the contributing pri24 vate sector person, shall be exempt from public discloVerDate Sep 11 2014 06:32 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\S4178.RS S4178

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1 sure under section 552(b)(3) of title 5, United States 

2 Code. 

3 ‘‘(2) LIMITATION ON ACCESS TO CONTENT.—Ac4 cess to a contributing private sector person’s volun5 tarily provided confidential content, as deemed con6 fidential by the contributing private sector person 

7 shall be limited to the private sector person and the 

8 Artificial Intelligence Safety Institute. 

9 ‘‘(3) AGGREGATED INFORMATION.—The Director 

10 may make aggregated, deidentified information avail11 able to contributing companies, the public, and other 

12 agencies, as the Director considers appropriate, in 

13 support of the purposes of this section. 

14 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to provide the Director any enforce16 ment authority that was not in effect on the day before the 

17 date of the enactment of the Future of Artificial Intelligence 

18 Innovation Act of 2024. 

19 ‘‘(h) PROHIBITION ON ACCESS TO RESOURCES FOR

20 ENTITIES UNDER CONTROL OF CERTAIN FOREIGN GOVERN21 MENTS.— 

22 ‘‘(1) IN GENERAL.—An entity under the owner23 ship, control, or influence of the government of a cov24 ered nation may not access any of the resources of the 

25 Artificial Intelligence Safety Institute. 


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1 ‘‘(2) CRITERIA FOR IDENTIFICATION.—The Di2 rector, working with the heads of the relevant Federal 

3 agencies, shall establish criteria to determine if any 

4 entity that seeks to utilize the resources of the Artifi5 cial Intelligence Safety Institute is under the owner6 ship, control, or influence of the government of a cov7 ered nation. 

8 ‘‘(3) DEFINITIONS.—In this subsection: 

9 ‘‘(A) COVERED NATION.—The term ‘covered 

10 nation’ has the meaning given that term in sec11 tion 4872 of title 10, United States Code. 

12 ‘‘(B) OWNERSHIP, CONTROL, OR INFLUENCE

13 OF THE GOVERNMENT OF A COVERED NATION.— 

14 The term ‘ownership, control, or influence of the 

15 government of a covered nation’, with respect to 

16 an entity, means the government of a covered na17 tion— 

18 ‘‘(i) has the power to direct or decide 

19 matters affecting the entity’s management 

20 or operations in a manner that could— 

21 ‘‘(I) result in unauthorized access 

22 to classified information; or 

23 ‘‘(II) adversely affect performance 

24 of a contract or agreement requiring 

25 access to classified information; and 


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1 ‘‘(ii) exercises that power— 

2 ‘‘(I) directly or indirectly; 

3 ‘‘(II) through ownership of the en4 tity’s securities, by contractual ar5 rangements, or other similar means; 

6 ‘‘(III) by the ability to control or 

7 influence the election or appointment 

8 of one or more members to the entity’s 

9 governing board (such as the board of 

10 directors, board of managers, or board 

11 of trustees) or its equivalent; or 

12 ‘‘(IV) prospectively (such as by 

13 not currently exercising the power, but 

14 could).’’. 

15 SEC. 102. INTERAGENCY COORDINATION AND PROGRAM TO 

16 FACILITATE ARTIFICIAL INTELLIGENCE 

17 TESTBEDS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE COMMITTEES OF CONGRESS.— 

20 The term ‘‘appropriate committees of Congress’’ 

21 means— 

22 (A) the Committee on Commerce, Science, 

23 and Transportation and the Committee on En24 ergy and Natural Resources of the Senate; and 


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1 (B) the Committee on Science, Space, and 

2 Technology of the House of Representatives. 

3 (2) DIRECTOR.—The term ‘‘Director’’ means the 

4 Director of the National Science Foundation. 

5 (3) INSTITUTE.—The term ‘‘Institute’’ means the 

6 National Institute of Standards and Technology. 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Energy. 

9 (5) UNDER SECRETARY.—The term ‘‘Under Sec10 retary’’ means the Under Secretary of Commerce for 

11 Standards and Technology. 

12 (b) PROGRAM REQUIRED.—Not later than 1 year after 

13 the date of the enactment of this Act, the Under Secretary 

14 and the Secretary, in coordination with the Director, shall 

15 jointly establish a testbed program to encourage collabora16 tion and support partnerships between the National Lab17 oratories, Federal laboratories, the National Institute of 

18 Standards and Technology, the National Artificial Intel19 ligence Research Resource pilot program established by the 

20 Director, or any successor program, and public and private 

21 sector entities, including companies of all sizes, to conduct 

22 tests, evaluations, and security or vulnerability risk assess23 ments, and to support research and development, of artifi24 cial intelligence systems, including measurement methodoloVerDate Sep 11 2014 06:32 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S4178.RS S4178

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1 gies developed by the Institute, in order to develop stand2 ards and encourage development of a third-party ecosystem. 

3 (c) ACTIVITIES.—In carrying out the program re4 quired by subsection (b), the Under Secretary and the Sec5 retary— 

6 (1) may use the advanced computing resources, 

7 testbeds, and expertise of the National Laboratories, 

8 Federal laboratories, the Institute, the National 

9 Science Foundation, and private sector entities to run 

10 tests and evaluations on the capabilities and limita11 tions of artificial intelligence systems; 

12 (2) shall use existing solutions to the maximum 

13 extent practicable; 

14 (3) shall develop automated and reproducible 

15 tests and evaluations for artificial intelligence systems 

16 to the extent that is practicable; 

17 (4) shall assess the computational resources nec18 essary to run tests and evaluations of artificial intel19 ligence systems; 

20 (5) shall research methods to effectively minimize 

21 the computational resources needed to run tests, eval22 uations, and security assessments of artificial intel23 ligence systems; 

24 (6) shall where practicable, develop tests and 

25 evaluations for artificial intelligence systems that are 


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1 designed for high-, medium-, and low-computational 

2 intensity; and 

3 (7) shall prioritize assessments by identifying se4 curity vulnerabilities of artificial intelligence systems, 

5 including the establishment of and utilization of exist6 ing classified testbeds, at the National Laboratories if 

7 necessary, including with respect to— 

8 (A) autonomous offensive cyber capabilities; 

9 (B) cybersecurity vulnerabilities in the arti10 ficial intelligence software ecosystem and beyond; 

11 (C) chemical, biological, radiological, nu12 clear, critical infrastructure, and energy-security 

13 threats or hazards; and 

14 (D) such other capabilities as the Under 

15 Secretary or the Secretary determines necessary. 

16 (d) CONSIDERATION GIVEN.—In carrying out the ac17 tivities required by subsection (c), the Under Secretary and 

18 the Secretary shall take under consideration the applica19 bility of any tests, evaluations, and risk assessments to arti20 ficial intelligence systems trained using primarily biologi21 cal sequence data that could be used to enhance an artificial 

22 intelligence system’s ability to contribute to the creation of 

23 a pandemic or biological weapon, including those systems 

24 used for gene synthesis. 


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1 (e) METRICS.—The Under Secretary and the Secretary 

2 shall jointly develop metrics to assess— 

3 (1) the effectiveness of the program in encour4 aging collaboration and supporting partnerships as 

5 described in subsection (b); and 

6 (2) the impact of the program on public and pri7 vate sector integration and use of artificial intel8 ligence systems. 

9 (f) USE OF EXISTING PROGRAM.—In carrying out the 

10 program required by subsection (b), the Under Secretary, 

11 the Secretary, and the Director may use a program that 

12 was in effect on the day before the date of the enactment 

13 of this Act. 

14 (g) EVALUATION AND FINDINGS.—Not later than 3 

15 years after the start of the program required by subsection 

16 (b), the Under Secretary and the Secretary shall jointly— 

17 (1) evaluate the success of the program in en18 couraging collaboration and supporting partnerships 

19 as described in subsection (b), using the metrics devel20 oped pursuant to subsection (e); 

21 (2) evaluate the success of the program in en22 couraging public and private sector integration and 

23 use of artificial intelligence systems by using the 

24 metrics developed pursuant to subsection (e); and 


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1 (3) submit to the appropriate committees of Con2 gress the evaluation supported pursuant to paragraph 

3 (1) and the findings of the Under Secretary, the Sec4 retary, and the Director with respect to the testbed 

5 program. 

6 (h) CONSULTATION.—In carrying out subsection (b), 

7 the Under Secretary and the Secretary shall consult, as the 

8 Under Secretary and the Secretary consider appropriate, 

9 with the following: 

10 (1) Industry, including private artificial intel11 ligence laboratories, companies of all sizes, and rep12 resentatives from the United States financial sector. 

13 (2) Academia and institutions of higher edu14 cation. 

15 (3) Civil society. 

16 (i) ESTABLISHMENT OF VOLUNTARY FOUNDATION

17 MODELS TEST PROGRAM.—In carrying out the program 

18 under subsection (b), the Under Secretary and the Secretary 

19 shall, jointly carry out a test program to provide vendors 

20 of foundation models, as well as vendors of artificial intel21 ligence virtual agents and robots that incorporate founda22 tion models, the opportunity to voluntarily test foundation 

23 models across a range of modalities, such as models that 

24 ingest and output text, images, audio, video, software code, 

25 and mixed modalities. 


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1 (j) MATTERS RELATING TO DISCLOSURE AND AC2 CESS.— 

3 (1) LIMITATION ON ACCESS TO CONTENT.—Access 

4 to a contributing private sector person’s voluntarily 

5 provided confidential content, as deemed confidential 

6 by the contributing private sector person, shall be 

7 limited to the contributing private sector person and 

8 the Institute. 

9 (2) AGGREGATED INFORMATION.—The Under 

10 Secretary and the Secretary may make aggregated, 

11 deidentified information available to contributing 

12 companies, the public, and other agencies, as the 

13 Under Secretary considers appropriate, in support of 

14 the purposes of this section. 

15 (3) FOIA EXEMPTION.—Any confidential con16 tent, as deemed confidential by the contributing pri17 vate sector person, shall be exempt from public disclo18 sure under section 552(b)(3) of title 5, United States 

19 Code. 

20 (k) RULE OF CONSTRUCTION.—Nothing in this section 

21 shall be construed to require a person to disclose any infor22 mation, including information— 

23 (1) relating to a trade secret or other protected 

24 intellectual property right; 

25 (2) that is confidential business information; or 


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1 (3) that is privileged. 

2 (l) SUNSET.—The programs required by subsections 

3 (b) and (i) and the requirements of this section shall termi4 nate on the date that is 7 years after the date of the enact5 ment of this Act. 

6 SEC. 103. NATIONAL INSTITUTE OF STANDARDS AND TECH7 NOLOGY AND DEPARTMENT OF ENERGY 

8 TESTBED TO IDENTIFY, TEST, AND SYN9 THESIZE NEW MATERIALS. 

10 (a) IN GENERAL.—The Secretary of Commerce, acting 

11 through the Under Secretary of Commerce for Standards 

12 and Technology, and the Secretary of Energy may use the 

13 program established under section 102(b) to advance mate14 rials science and energy storage and optimization and to 

15 support advanced manufacturing for the benefit of the 

16 United States economy through the use of artificial intel17 ligence, autonomous laboratories, and artificial intelligence 

18 integrated with emerging technologies, such as quantum hy19 brid computing and robotics. 

20 (b) SUPPORT FOR ACCELERATED TECHNOLOGIES.— 

21 The Secretary of Commerce and the Secretary of Energy 

22 shall ensure that technologies accelerated under subsection 

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1 opment tools to produce benchmark data, model comparison 

2 tools, and best practices guides. 

3 (c) PUBLIC-PRIVATE PARTNERSHIPS.—In carrying out 

4 subsection (a), the Secretary of Commerce and the Secretary 

5 of Energy shall, in consultation with industry, civil society, 

6 and academia, enter into such public-private partnerships 

7 as the Secretaries jointly determine appropriate. 

8 (d) RESOURCES.—In carrying out this section, the 

9 Secretaries may— 

10 (1) use science and technology resources from the 

11 Manufacturing USA Program, the Hollings Manufac12 turing Extension Partnership, the National Labora13 tories, Federal laboratories, and the private sector; 

14 and 

15 (2) the program established under section 102(b). 

16 SEC. 104. COORDINATION, REIMBURSEMENT, AND SAVINGS 

17 PROVISIONS. 

18 (a) COORDINATION AND DUPLICATION.—The Secretary 

19 of Commerce shall take such actions as may be necessary 

20 to ensure no duplication of activities carried out under this 

21 subtitle with the activities of— 

22 (1) research entities of the Department of En23 ergy, including— 

24 (A) the National Laboratories; and 


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1 (B) the Advanced Scientific Computing Re2 search program; and 

3 (2) relevant industries. 

4 (b) NATIONAL LABORATORY RESOURCES.—Any ad5 vanced computing resources, testbeds, expertise, or other re6 sources of the Department of Energy or the National Lab7 oratories that are provided to the National Science Founda8 tion, the National Institute of Standards and Technology, 

9 or any other applicable entities under this subtitle shall be 

10 provided— 

11 (1) on a reimbursable basis; and 

12 (2) pursuant to a reimbursable agreement. 

13 (c) WAIVER.—The Secretary may waive the require14 ments set forth in subsection (b) if the Secretary determines 

15 the waiver is necessary or appropriate to carry out the mis16 sions of the Department of Commerce. 

17 (d) SAVINGS PROVISION.—Nothing in this subtitle 

18 shall be construed— 

19 (1) to modify any requirement or authority pro20 vided under section 5501 of the National Artificial 

21 Intelligence Initiative Act of 2020 (15 U.S.C. 9461); 

22 or 

23 (2) to allow the Secretary of Commerce (includ24 ing the Under Secretary of Commerce for Standards 

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1 ligence Safety Institute) or the Director of the Na2 tional Science Foundation to use monetary resources 

3 of the Department of Energy or any National Labora4 tory. 

5 SEC. 105. PROGRESS REPORT. 

6 (a) IN GENERAL.—Not later than 1 year after the date 

7 of the enactment of this Act, the Under Secretary of Com8 merce for Standards and Technology shall, in coordination 

9 with the Secretary of Commerce and the Secretary of En10 ergy, submit to Congress a report on the implementation 

11 of sections 102 and 103. 

12 (b) CONTENTS.—The report submitted pursuant to 

13 subsection (a) shall include the following: 

14 (1) A description of the reimbursable agreements, 

15 statements of work, and associated project schedules 

16 and deliverables for the testbed program established 

17 pursuant to section 102(b) and section 103(a). 

18 (2) Details on the total amount of reimbursable 

19 agreements entered into pursuant to section 104(b). 

20 (3) Such additional information as the Under 

21 Secretary determines appropriate. 


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1 Subtitle B—International 

2 Cooperation 

3 SEC. 111. INTERNATIONAL COALITIONS ON INNOVATION, 

4 DEVELOPMENT, AND ALIGNMENT OF STAND5 ARDS WITH RESPECT TO ARTIFICIAL INTEL6 LIGENCE. 

7 (a) IN GENERAL.—The Under Secretary of Commerce 

8 for Standards and Technology (in this section referred to 

9 as the ‘‘Under Secretary’’) and the Secretary of Energy (in 

10 this section referred to as the ‘‘Secretary’’) shall jointly lead 

11 information exchange and coordination among Federal 

12 agencies and communication from Federal agencies to the 

13 private sector of the United States and like-minded govern14 ments of foreign countries to ensure effective Federal en15 gagement in the development and use of international tech16 nical standards for artificial intelligence. 

17 (b) REQUIREMENTS.—To support private sector-led 

18 engagement and ensure effective Federal engagement in the 

19 development and use of international technical standards 

20 for artificial intelligence, the Under Secretary shall seek to 

21 form alliances or coalitions with like-minded governments 

22 of foreign countries— 

23 (1) to support the private sector-led development 

24 and adoption of standards or alignment with respect 

25 to artificial intelligence; 


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1 (2) to encourage the adoption of technical stand2 ards developed in the United States to be adopted by 

3 international standards organizations; 

4 (3) to facilitate international collaboration on 

5 innovation, science, and advancement in artificial in6 telligence research and development, including data 

7 sharing, expertise, and resources; and 

8 (4) to develop the government-to-government in9 frastructure to support the activities described in 

10 paragraphs (1) through (3), using existing bilateral 

11 and multilateral agreements to the extent practicable. 

12 (c) CRITERIA FOR PARTICIPATION.—In forming an al13 liance or coalition of like-minded governments of foreign 

14 countries under subsection (b), the Secretary of Commerce, 

15 the Secretary of Energy, the Secretary of State, and the Di16 rector, in consultation with the heads of relevant agencies, 

17 shall jointly establish technology trust criteria— 

18 (1) to ensure all partner countries have a high 

19 level of scientific and technological advancement; and 

20 (2) to support the principles for international 

21 standards development as detailed in the Committee 

22 Decision on World Trade Organization Agreement on 

23 Technical Barriers to Trade (Annex 2 of Part 1 of G/ 

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1 parency, openness, and consensus-based decision-mak2 ing. 

3 (d) CONSULTATION ON INNOVATION AND ADVANCE4 MENTS IN ARTIFICIAL INTELLIGENCE.—In forming an alli5 ance or coalition under subsection (b), the Director, the Sec6 retary of Commerce, and the Secretary of State shall consult 

7 with the Secretary of Energy and the Director of the Na8 tional Science Foundation on approaches to innovation and 

9 advancements in artificial intelligence. 

10 (e) SECURITY AND PROTECTION OF INTELLECTUAL

11 PROPERTY.—The Director, the Secretary of Commerce, the 

12 Secretary of Energy, and the Secretary of State shall jointly 

13 ensure that an alliance or coalition formed under subsection 

14 (b) is only undertaken with countries that— 

15 (1) have in place sufficient intellectual property 

16 protections, safety standards, and risk management 

17 approaches relevant to innovation and artificial intel18 ligence; and 

19 (2) develop and coordinate research security 

20 measures, export controls, and intellectual property 

21 protections relevant to innovation, development, and 

22 standard-setting relating to artificial intelligence. 

23 (f) LIMITATION ON ELIGIBILITY OF THE PEOPLE’S RE24 PUBLIC OF CHINA.— 


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1 (1) IN GENERAL.—The People’s Republic of 

2 China is not eligible to participate in an alliance or 

3 coalition of like-minded governments of foreign coun4 tries under subsection (b) until the United States 

5 Trade Representative determines in a report to Con6 gress required by section 421 of the U.S.-China Rela7 tions Act of 2000 (22 U.S.C. 6951) that the People’s 

8 Republic of China has come into compliance with the 

9 commitments it made in connection with its accession 

10 to the World Trade Organization. 

11 (2) REPORT REQUIRED.—Upon the submission 

12 of a report described in paragraph (1), the officials 

13 specified in paragraph (3) shall jointly submit to 

14 Congress a report that includes the following: 

15 (A) A detailed justification for why govern16 ment-to-government information exchange and 

17 coordination with the Government of the People’s 

18 Republic of China is in the national security in19 terests of the United States. 

20 (B) An assessment of the risks and potential 

21 effects of such coordination, including any poten22 tial for the transfer under an alliance or coali23 tion described in paragraph (1) of technology or 

24 intellectual property capable of harming the na25 tional security interests of the United States. 


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1 (C) A detailed justification for how the offi2 cials specified in paragraph (3) intend to ad3 dress human rights concerns in any scientific 

4 and technology collaboration proposed to be con5 ducted by such an alliance or coalition. 

6 (D) An assessment of the extent to which 

7 those officials will be able to continuously mon8 itor the commitments made by the People’s Re9 public of China in participating in such an alli10 ance or coalition. 

11 (E) Such other information relating to such 

12 an alliance or coalition as those officials consider 

13 appropriate. 

14 (3) OFFICIALS SPECIFIED.—The officials speci15 fied in this paragraph are the following: 

16 (A) The Director. 

17 (B) The Secretary of Commerce. 

18 (C) The Secretary of Energy. 

19 (D) The Secretary of State. 

20 (g) RULE OF CONSTRUCTION.—Nothing in this section 

21 shall be construed— 

22 (1) to prohibit a person (as defined in section 

23 551 of title 5, United States Code) from participating 

24 in an international standards body; or 


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1 (2) to constrain separate engagement with 

2 emerging economies on artificial intelligence. 

3 Subtitle C—Identifying Regulatory 

4 Barriers to Innovation 

5 SEC. 121. COMPTROLLER GENERAL OF THE UNITED STATES 

6 IDENTIFICATION OF RISKS AND OBSTACLES 

7 RELATING TO ARTIFICIAL INTELLIGENCE 

8 AND FEDERAL AGENCIES. 

9 (a) REPORT REQUIRED.—Not later than 1 year after 

10 the date of the enactment of this Act, the Comptroller Gen11 eral of the United States shall submit to Congress a report 

12 on regulatory impediments to innovation in artificial intel13 ligence systems. 

14 (b) CONTENTS.—The report submitted pursuant to 

15 subsection (a) shall include the following: 

16 (1) Significant examples of Federal statutes and 

17 regulations that directly affect the innovation of arti18 ficial intelligence systems, including the ability of 

19 companies of all sizes to compete in artificial intel20 ligence, which should also account for the effect of vol21 untary standards and best practices developed with 

22 contributions from the Federal Government. 

23 (2) An evaluation of the progress in government 

24 adoption of artificial intelligence and use of artificial 


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1 intelligence to improve the quality of government 

2 services. 

3 (3) Based on the findings of the Comptroller 

4 General with respect to paragraphs (1) and (2), such 

5 recommendations as the Comptroller General may 

6 have for legislative or administrative action to in7 crease the rate of innovation in artificial intelligence 

8 systems. 

9 TITLE II—ARTIFICIAL INTEL10 LIGENCE RESEARCH, DEVEL11 OPMENT, CAPACITY BUILDING 

12 ACTIVITIES 

13 SEC. 201. PUBLIC DATA FOR ARTIFICIAL INTELLIGENCE 

14 SYSTEMS. 

15 (a) IN GENERAL.—Title LI of the National Artificial 

16 Intelligence Initiative Act of 2020 (15 U.S.C. 9411 et seq.) 

17 is amended by adding at the end the following new section: 

18 ‘‘SEC. 5103A. PUBLIC DATA FOR ARTIFICIAL INTELLIGENCE 

19 SYSTEMS. 

20 ‘‘(a) LIST OF PRIORITIES.— 

21 ‘‘(1) IN GENERAL.—To expedite the development 

22 of artificial intelligence systems in the United States, 

23 the Director of the Office of Science and Technology 

24 Policy (in this section referred to as the ‘Director’) 

25 shall, acting through the National Science and TechVerDate Sep 11 2014 06:32 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\S4178.RS S4178

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1 nology Council and the Interagency Committee and 

2 in consultation with the Advisory Committee on Data 

3 for Evidence Building established under section 315 

4 of title 5, United States Code, develop a list of prior5 ities for Federal investment in creating or improving 

6 curated, publicly available Federal Government data 

7 for training and evaluating artificial intelligence sys8 tems and identify an appropriate location to host 

9 curated datasets. 

10 ‘‘(2) REQUIREMENTS.— 

11 ‘‘(A) IN GENERAL.—The list developed pur12 suant to paragraph (1) shall— 

13 ‘‘(i) prioritize data that will advance 

14 novel artificial intelligence systems in the 

15 public interest; and 

16 ‘‘(ii) prioritize datasets unlikely to 

17 independently receive sufficient private sec18 tor support to enable their creation, absent 

19 Federal funding. 

20 ‘‘(B) DATASETS IDENTIFIED.—In carrying 

21 out subparagraph (A)(ii), the Director shall 

22 identify 20 datasets to be prioritized. 

23 ‘‘(3) CONSIDERATIONS.—In developing the list 

24 under paragraph (1), the Director shall consider the 

25 following: 


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1 ‘‘(A) Applicability to the initial list of soci2 etal, national, and geostrategic challenges set 

3 forth by subsection (b) of section 10387 of the Re4 search and Development, Competition, and Inno5 vation Act (42 U.S.C. 19107), or any successor 

6 list. 

7 ‘‘(B) Applicability to the initial list of key 

8 technology focus areas set forth by subsection (c) 

9 of such section, or any successor list. 

10 ‘‘(C) Applicability to other major United 

11 States economic sectors, such as agriculture, 

12 health care, transportation, manufacturing, com13 munications, weather services, and positive util14 ity to small- and medium-sized United States 

15 businesses. 

16 ‘‘(D) Opportunities to improve datasets in 

17 effect before the date of the enactment of the Fu18 ture of Artificial Intelligence Innovation Act of 

19 2024. 

20 ‘‘(E) Inclusion of data representative of the 

21 entire population of the United States. 

22 ‘‘(F) Potential national security threats to 

23 releasing datasets, consistent with the United 

24 States Government approach to data flows. 

25 ‘‘(G) Requirements of laws in effect. 


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1 ‘‘(H) Applicability to the priorities listed in 

2 the National Artificial Intelligence Research and 

3 Development Strategic Plan of the National 

4 Science and Technology Council, dated October 

5 2016. 

6 ‘‘(I) Ability to use data already made avail7 able to the National Artificial Intelligence Re8 search Resource Pilot program or any successor 

9 program. 

10 ‘‘(J) Coordination with other Federal open 

11 data efforts, as applicable. 

12 ‘‘(4) PUBLIC INPUT.—Before finalizing the list 

13 required by paragraph (1), the Director shall imple14 ment public comment procedures for receiving input 

15 and comment from private industry, academia, civil 

16 society, and other relevant stakeholders. 

17 ‘‘(b) INTERAGENCY COMMITTEE.—In carrying out this 

18 section, the Interagency Committee— 

19 ‘‘(1) may establish or leverage existing initia20 tives, including through public-private partnerships, 

21 for the creation or improvement of curated datasets 

22 identified in the list developed pursuant to subsection 

23 (a)(1), including methods for addressing data scar24 city; 


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1 ‘‘(2) may apply the priorities set forth in the list 

2 developed pursuant to subsection (a)(1) to the enact3 ment of Federal public access and open government 

4 data policies; 

5 ‘‘(3) shall ensure consistency with Federal provi6 sions of law relating to privacy, including the tech7 nology and privacy standards applied to the National 

8 Secure Data Service under section 10375(f) of the Re9 search and Development, Competition, and Innova10 tion Act (42 U.S.C. 19085(f)); and 

11 ‘‘(4) shall ensure that no data sharing is per12 mitted with any country that the Secretary of Com13 merce, in consultation with the Secretary of Defense, 

14 the Secretary of State, the Secretary of Energy, and 

15 the Director of National Intelligence, determines to be 

16 engaged in conduct that is detrimental to the national 

17 security or foreign policy of the United States. 

18 ‘‘(c) AVAILABILITY OF DATASETS.—Datasets that are 

19 created or improved pursuant to this section— 

20 ‘‘(1) shall, in the case of a dataset created or im21 proved by a Federal agency, be made available to the 

22 comprehensive data inventory developed and main23 tained by the Federal agency pursuant to section 

24 3511(a) of title 44, United States Code, in accordance 

25 with all applicable regulations; and 


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1 ‘‘(2) may be made available to the National Ar2 tificial Intelligence Research Resource pilot program 

3 established by the Director of the National Science 

4 Foundation, and the applicable programs established 

5 by the Department of Energy, in accordance with Ex6 ecutive Order 14110 (88 Fed. Reg. 75191; relating to 

7 safe, secure, and trustworthy development and use of 

8 artificial intelligence), or any successor program. 

9 ‘‘(d) REPORT.—Not later than 1 year after the date 

10 of the enactment of the Future of Artificial Intelligence In11 novation Act of 2024, the Director shall, acting through the 

12 National Science and Technology Council and the Inter13 agency Committee, submit to the Committee on Commerce, 

14 Science, and Transportation of the Senate and the Com15 mittee on Science, Space, and Technology of the House of 

16 Representatives a report that includes— 

17 ‘‘(1) best practices in developing publicly curated 

18 artificial intelligence datasets; 

19 ‘‘(2) lessons learned and challenges encountered 

20 in developing the curated artificial intelligence 

21 datasets; 

22 ‘‘(3) principles used for artificial intelligence23 ready data; and 


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1 ‘‘(4) recommendations related to artificial intel2 ligence-ready data standards and potential processes 

3 for development of such standards. 

4 ‘‘(e) RULES OF CONSTRUCTION.— 

5 ‘‘(1) IN GENERAL.—Nothing in this section shall 

6 be construed to require the Federal Government or 

7 other contributors to disclose any information— 

8 ‘‘(A) relating to a trade secret or other pro9 tected intellectual property right; 

10 ‘‘(B) that is confidential business informa11 tion; or 

12 ‘‘(C) that is privileged. 

13 ‘‘(2) DISCLOSURE TO PUBLIC DATASETS.—Ex14 cept as specifically provided for in this section, noth15 ing in this section shall be construed to prohibit the 

16 head of a Federal agency from withholding informa17 tion from a public dataset.’’. 

18 (b) CLERICAL AMENDMENTS.—The table of contents at 

19 the beginning of section 2 of the William M. (Mac) Thorn20 berry National Defense Authorization Act for Fiscal Year 

21 2021 and the table of contents at the beginning of title LI 

22 of such Act are both amended by inserting after the items 

23 relating to section 5103 the following new item: 

‘‘5103A. Public data for artificial intelligence systems.’’. 


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1 SEC. 202. FEDERAL GRAND CHALLENGES IN ARTIFICIAL IN2 TELLIGENCE. 

3 (a) IN GENERAL.—Title LI of the National Artificial 

4 Intelligence Initiative Act of 2020 (15 U.S.C. 9411 et seq.), 

5 as amended by section 201, is further amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 5107. FEDERAL GRAND CHALLENGES IN ARTIFICIAL 

8 INTELLIGENCE. 

9 ‘‘(a) ESTABLISHMENT OF PROGRAM.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of the enactment of the Future of Artificial 

12 Intelligence Innovation Act of 2024, the Director of 

13 the Office of Science and Technology Policy (acting 

14 through the National Science and Technology Coun15 cil) and the Interagency Committee may establish a 

16 program to award prizes, using the authorities and 

17 processes established under section 24 of the Steven18 son-Wydler Technology Innovation Act of 1980 (15 

19 U.S.C. 3719), to eligible participants as determined 

20 by the co-chairs of the Interagency Committee pursu21 ant to subsection (e). 

22 ‘‘(2) PURPOSES.—The purposes of the program 

23 required by paragraph (1) are as follows: 

24 ‘‘(A) To expedite the development of artifi25 cial intelligence systems in the United States. 


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1 ‘‘(B) To stimulate artificial intelligence re2 search, development, and commercialization that 

3 solves or advances specific, well-defined, and 

4 measurable challenges in 1 or more of the cat5 egories established pursuant to subsection (b). 

6 ‘‘(b) FEDERAL GRAND CHALLENGES IN ARTIFICIAL IN7 TELLIGENCE.— 

8 ‘‘(1) LIST OF PRIORITIES.—The Director of the 

9 Office of Science and Technology Policy (acting 

10 through the National Science and Technology Coun11 cil) and the Interagency Committee and in consulta12 tion with industry, civil society, and academia, iden13 tify, and annually review and update as the Director 

14 considers appropriate, a list of priorities for Federal 

15 grand challenges in artificial intelligence pursuant to 

16 the purposes set forth under subsection (a)(2). 

17 ‘‘(2) INITIAL LIST.— 

18 ‘‘(A) CONTENTS.—The list established pur19 suant to paragraph (1) may include the fol20 lowing priorities: 

21 ‘‘(i) To overcome challenges with engi22 neering of and applied research on micro23 electronics, including through integration of 

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1 tum computing, or with respect to the phys2 ical limits on transistors, advanced inter3 connects, and memory elements. 

4 ‘‘(ii) To promote transformational or 

5 long-term advancements in computing and 

6 artificial intelligence technologies through— 

7 ‘‘(I) next-generation algorithm de8 sign; 

9 ‘‘(II) next-generation compute ca10 pability; 

11 ‘‘(III) generative and adaptive ar12 tificial intelligence for design applica13 tions; 

14 ‘‘(IV) photonics-based micro15 processors and optical communication 

16 networks, including electrophotonics; 

17 ‘‘(V) the chemistry and physics of 

18 new materials; 

19 ‘‘(VI) energy use or energy effi20 ciency; 

21 ‘‘(VII) techniques to establish 

22 cryptographically secure content prove23 nance information; or 

24 ‘‘(VIII) safety and controls for ar25 tificial intelligence applications. 


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1 ‘‘(iii) To promote explainability and 

2 mechanistic interpretability of artificial in3 telligence systems. 

4 ‘‘(iv) To develop artificial intelligence 

5 solutions, including through integration 

6 among emerging technologies such as 

7 neuromorphic and quantum computing to 

8 overcome barriers relating to innovations in 

9 advanced manufacturing in the United 

10 States, including areas such as— 

11 ‘‘(I) materials, nanomaterials, 

12 and composites; 

13 ‘‘(II) rapid, complex design; 

14 ‘‘(III) sustainability and environ15 mental impact of manufacturing oper16 ations; 

17 ‘‘(IV) predictive maintenance of 

18 machinery; 

19 ‘‘(V) improved part quality; 

20 ‘‘(VI) process inspections; 

21 ‘‘(VII) worker safety; and 

22 ‘‘(VIII) robotics. 

23 ‘‘(v) To develop artificial intelligence 

24 solutions in sectors of the economy, such as 

25 expanding the use of artificial intelligence 


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1 in maritime vessels, including in naviga2 tion and in the design of propulsion systems 

3 and fuels. 

4 ‘‘(vi) To develop artificial intelligence 

5 solutions to improve border security, includ6 ing solutions relevant to the detection of 

7 fentanyl, illicit contraband, and other ille8 gal activities. 

9 ‘‘(vii) To develop artificial intelligence 

10 for science applications. 

11 ‘‘(viii) To develop cybersecurity for ar12 tificial intelligence-related intellectual prop13 erty, such as artificial intelligence systems 

14 and artificial intelligence algorithms. 

15 ‘‘(ix) To develop artificial intelligence 

16 solutions to modernize code and software 

17 systems that are deployed in government 

18 agencies and critical infrastructure and are 

19 at risk of maintenance difficulties due to 

20 code obsolescence or challenges finding ex21 pertise in outdated code bases. 

22 ‘‘(3) CONSULTATION ON IDENTIFICATION AND SE23 LECTION OF GRAND CHALLENGES.—The Director of 

24 the Office of Science and Technology Policy, the Di25 rector of the National Institute of Standards and 


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1 Technology, the Director of the Defense Advanced Re2 search Projects Agency, such agency heads as the Di3 rector of the Office of Science and Technology Policy 

4 considers relevant, and the National Artificial Intel5 ligence Advisory Committee shall each identify and 

6 select artificial intelligence research and development 

7 grand challenges in which eligible participants will 

8 compete to solve or advance for prize awards under 

9 subsection (a). 

10 ‘‘(4) PUBLIC INPUT ON IDENTIFICATION.—The 

11 Director of the Office of Science and Technology Pol12 icy shall also seek public input on the identification 

13 of artificial intelligence research and development 

14 grand challenges under subsection (a). 

15 ‘‘(5) PROBLEM STATEMENTS; SUCCESS

16 METRICS.—For each priority for a Federal grand 

17 challenge identified under paragraph (1) and the 

18 grand challenges identified and selected under para19 graph (3), the Director of the Office of Science and 

20 Technology Policy shall— 

21 ‘‘(A) establish a specific and well-defined 

22 grand challenge problem statement and ensure 

23 that such problem statement is published on a 

24 website linking out to relevant prize competition 

25 listings on the website Challenge.gov, or successor 


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1 website, that is managed by the General Services 

2 Administration; and 

3 ‘‘(B) establish and publish on the website 

4 Challenge.gov, or successor website, clear targets, 

5 success metrics, and validation protocols for the 

6 prize competitions designed to address each 

7 grand challenge, in order to provide specific 

8 benchmarks that will be used to evaluate submis9 sions to the prize competition. 

10 ‘‘(c) FEDERAL INVESTMENT INITIATIVES AUTHOR11 IZED.—Subject to the availability of amounts appropriated 

12 for this purpose, the Secretary of Commerce, the Secretary 

13 of Transportation, the Director of the National Science 

14 Foundation may, consistent with the missions or respon15 sibilities of each Federal agency, establish 1 or more prize 

16 competitions under section 24 of the Stevenson-Wydler 

17 Technology Innovation Act of 1980 (15 U.S.C. 3719), chal18 lenge-based acquisitions, or other research and development 

19 investments that each agency head deems appropriate con20 sistent with the list of priorities established pursuant to 

21 subsection (b)(1). 

22 ‘‘(d) REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.—The Director of the Office of 

24 Science and Technology Policy shall develop require25 ments for— 


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1 ‘‘(A) the process for prize competitions 

2 under subsections (a) and (c), including eligi3 bility criteria for participants, consistent with 

4 the requirements under paragraph (2); and 

5 ‘‘(B) testing, judging, and verification pro6 cedures for submissions to receive a prize award 

7 under subsection (c). 

8 ‘‘(2) ELIGIBILITY REQUIREMENT AND JUDG9 ING.— 

10 ‘‘(A) ELIGIBILITY.—In accordance with the 

11 requirement described in section 24(g)(3) of the 

12 Stevenson-Wydler Technology Innovation Act of 

13 1980 (15 U.S.C. 3719(g)(3)), a recipient of a 

14 prize award under subsection (c)— 

15 ‘‘(i) that is a private entity shall be 

16 incorporated in and maintain a primary 

17 place of business in the United States; and 

18 ‘‘(ii) who is an individual, whether 

19 participating singly or in a group, shall be 

20 a citizen or permanent resident of the 

21 United States. 

22 ‘‘(B) JUDGES.—In accordance with section 

23 24(k) of the Stevenson-Wydler Technology Inno24 vation Act of 1980 (15 U.S.C. 3719(k)), a judge 


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1 of a prize competition under subsection (c) may 

2 be an individual from the private sector. 

3 ‘‘(3) AGENCY LEADERSHIP.—Each agency head 

4 carrying out an investment initiative under sub5 section (c) shall ensure that— 

6 ‘‘(A) for each prize competition or invest7 ment initiative carried out by the agency head 

8 under such subsection, there is— 

9 ‘‘(i) a positive impact on the economic 

10 competitiveness of the United States; 

11 ‘‘(ii) a benefit to United States indus12 try; 

13 ‘‘(iii) to the extent possible, leveraging 

14 of the resources and expertise of industry 

15 and philanthropic partners in shaping the 

16 investments; and 

17 ‘‘(iv) in a case involving development 

18 and manufacturing, use of advanced manu19 facturing in the United States; and 

20 ‘‘(B) all research conducted for purposes of 

21 the investment initiative is conducted in the 

22 United States. 

23 ‘‘(e) REPORTS.— 

24 ‘‘(1) NOTIFICATION OF WINNING SUBMISSION.— 

25 Not later than 60 days after the date on which a prize 


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1 is awarded under subsection (c), the agency head 

2 awarding the prize shall submit to the Committee on 

3 Commerce, Science, and Transportation of the Senate, 

4 the Committee on Science, Space, and Technology of 

5 the House of Representatives, and such other commit6 tees of Congress as the agency head considers relevant 

7 a report that describes the winning submission to the 

8 prize competition and its benefits to the United 

9 States. 

10 ‘‘(2) BIENNIAL REPORT.— 

11 ‘‘(A) IN GENERAL.—Not later than 2 years 

12 after the date of the enactment of the Future of 

13 Artificial Intelligence Innovation Act of 2024, 

14 and biennially thereafter, the heads of agencies 

15 described in subsection (c) shall submit to the 

16 Committee on Commerce, Science, and Transpor17 tation of the Senate, the Committee on Science, 

18 Space, and Technology of the House of Rep19 resentatives, and such other committees of Con20 gress as the agency heads consider relevant a re21 port that includes— 

22 ‘‘(i) a description of the activities car23 ried out by the agency heads under this sec24 tion; 


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1 ‘‘(ii) a description of the active com2 petitions and the results of completed com3 petitions under subsection (c); and 

4 ‘‘(iii) efforts to provide information to 

5 the public on active competitions under sub6 section (c) to encourage participation. 

7 ‘‘(B) PUBLIC ACCESSIBILITY.—The agency 

8 heads described in subsection (c) shall make the 

9 biennial report required under subparagraph (A) 

10 publicly accessible, including by posting the bi11 ennial report on a website in an easily accessible 

12 location, such as the GovInfo website of the Gov13 ernment Publishing Office. 

14 ‘‘(f) ACCESSIBILITY.—In carrying out any competi15 tion under subsection (c), the head of an agency shall post 

16 the active prize competitions and available prize awards 

17 under subsection (b) to Challenge.gov, or successor website, 

18 after the grand challenges are selected and the prize com19 petitions are designed pursuant to subsections (c) and (e) 

20 to ensure the prize competitions are widely accessible to eli21 gible participants. 

22 ‘‘(g) SUNSET.—This section shall terminate on the 

23 date that is 5 years after the date of the enactment the Fu24 ture of Artificial Intelligence Innovation Act of 2024.’’. 


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1 (b) COMPTROLLER GENERAL OF THE UNITED STATES

2 STUDIES AND REPORTS.— 

3 (1) INITIAL STUDY.— 

4 (A) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of this Act, the 

6 Comptroller General of the United States shall 

7 conduct a study of Federal prize competitions, 

8 which shall include an assessment of the efficacy 

9 and impact of prize competitions generally. 

10 (B) ELEMENTS.—The study conducted 

11 under subparagraph (A) shall include, to the ex12 tent practicable, the following: 

13 (i) A survey of all existing, current 

14 and ongoing Federal prize competitions car15 ried out under authorities enacted before the 

16 date of the enactment of this Act. 

17 (ii) An assessment of those existing, 

18 current, and ongoing Federal prize competi19 tions that includes addressing— 

20 (I) whether and what technology 

21 or innovation would have been devel22 oped in the absence of the prize com23 petitions; 

24 (II) whether the prize competi25 tions shortened the timeframe for the 


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1 development of the technology or inno2 vation; 

3 (III) whether the prize competi4 tion was cost effective; 

5 (IV) what, if any, other benefits 

6 were gained from conducting the prize 

7 competitions; 

8 (V) whether the use of a more tra9 ditional policy tool such as a grant or 

10 contract have resulted in the develop11 ment of a similar technology or inno12 vation; 

13 (VI) whether prize competitions 

14 might be designed differently in a way 

15 that would result in a more effective or 

16 revolutionary technology being devel17 oped; 

18 (VII) what are appropriate 

19 metrics that could be used for deter20 mining the success of a prize competi21 tion, and whether those metrics differ 

22 when evaluating near-term and long23 term impacts of prize competitions; 

24 and 


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1 (VIII) suggested best practices of 

2 prize competitions. 

3 (C) CONGRESSIONAL BRIEFING.—Not later 

4 than 540 days after the date of the enactment of 

5 this Act, the Comptroller General shall provide 

6 the Committee on Science, Space, and Tech7 nology and the Committee on Energy and Nat8 ural Resources of the Senate and the Committee 

9 on Energy and Commerce of the House of Rep10 resentatives a briefing on the findings of the 

11 Comptroller General with respect to the study 

12 conducted under subparagraph (A). 

13 (D) REPORT.—Not later than 540 days 

14 after the date of the enactment of this Act, the 

15 Comptroller General shall submit to the congres16 sional committees specified in subparagraph (C) 

17 a report on the findings and recommendations of 

18 Comptroller General from the study conducted 

19 under subparagraph (A). 

20 (2) INTERIM STUDY.— 

21 (A) IN GENERAL.—The Comptroller General 

22 of the United States shall conduct a study of the 

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1 section (a), which shall include an assessment of 

2 the efficacy and effect of such prize competitions. 

3 (B) ELEMENTS.—The study conducted 

4 under subparagraph (A) shall include, to the ex5 tent practicable, the following: 

6 (i) A survey of all Federal prize com7 petitions implemented under section 5108 of 

8 the of the National Artificial Intelligence 

9 Initiative Act of 2020, as added by sub10 section (a). 

11 (ii) An assessment of the Federal prize 

12 competitions implemented such section, 

13 which shall include addressing the same 

14 considerations as set forth under paragraph 

15 (1)(B)(ii). 

16 (iii) An assessment of the efficacy, im17 pact, and cost-effectiveness of prize competi18 tions implemented under section 5108 of the 

19 of the National Artificial Intelligence Ini20 tiative Act of 2020, as added by subsection 

21 (a), compared to other Federal prize com22 petitions. 

23 (C) CONGRESSIONAL BRIEFING.—Not later 

24 than 1 year after completing the study required 

25 by subparagraph (A), the Comptroller General 


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1 shall provide the Committee on Science, Space, 

2 and Technology and the Committee on Energy 

3 and Natural Resources of the Senate and the 

4 Committee on Energy and Commerce of the 

5 House of Representatives a briefing on the find6 ings of the Comptroller General with respect to 

7 the study conducted under subparagraph (A). 

8 (D) REPORT.—Not later than 180 days 

9 after the date of the enactment of this Act, the 

10 Comptroller General shall submit to the congres11 sional committees specified in subparagraph (C) 

12 a report on the findings and recommendations of 

13 the Comptroller General with respect to the study 

14 conducted under subparagraph (A). 

15 (c) CLERICAL AMENDMENTS.—The table of contents at 

16 the beginning of section 2 of the William M. (Mac) Thorn17 berry National Defense Authorization Act for Fiscal Year 

18 2021 and the table of contents at the beginning of title LI 

19 of such Act, as amended by section 201, are both amended 

20 by inserting after the items relating to section 5107 the fol21 lowing new item: 

‘‘5107. Federal grand challenges in artificial intelligence.’’. 


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1 TITLE III—RESEARCH SECURITY 

2 AND OTHER MATTERS 

3 SEC. 301. RESEARCH SECURITY. 

4 The activities authorized under this Act shall be car5 ried out in accordance with the provision of subtitle D of 

6 title VI of the Research and Development, Competition, and 

7 Innovation Act (42 U.S.C. 19231 et seq.; enacted as part 

8 of division B of Public Law 117–167) and section 223 of 

9 the William M. (Mac) Thornberry National Defense Author10 ization Act for Fiscal Year 2021 (42 U.S.C. 6605). 

11 SEC. 302. EXPANSION OF AUTHORITY TO HIRE CRITICAL 

12 TECHNICAL EXPERTS. 

13 (a) IN GENERAL.—Subsection (b) of section 6 of the 

14 National Institute of Standards and Technology Act (15 

15 U.S.C. 275) is amended, in the second sentence, by striking 

16 ‘‘15’’ and inserting ‘‘30 

17 (b) MODIFICATION OF SUNSET.—Subsection (c) of such 

18 section is amended by striking ‘‘under section (b) shall ex19 pire on the date that is 5 years after the date of the enact20 ment of this section’’ and inserting ‘‘under subsection (b) 

21 shall expire on December 30, 2035’’. 

22 SEC. 303. FOUNDATION FOR STANDARDS AND METROLOGY. 

23 (a) IN GENERAL.—Subtitle B of title II of the Research 

24 and Development, Competition, and Innovation Act (42 

25 U.S.C. 18931 et seq.; relating to measurement research of 


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1 the National Institute of Standards and Technology for the 

2 future; enacted as part of division B of Public Law 117– 

3 167) is amended by adding at the end the following new 

4 section: 

5 ‘‘SEC. 10236. FOUNDATION FOR STANDARDS AND METROL6 OGY. 

7 ‘‘(a) ESTABLISHMENT.—The Secretary, acting through 

8 the Director, shall establish a nonprofit corporation to be 

9 known as the ‘Foundation for Standards and Metrology’. 

10 ‘‘(b) MISSION.—The mission of the Foundation shall 

11 be to— 

12 ‘‘(1) support the Institute in carrying out its ac13 tivities and mission to advance measurement science, 

14 technical standards, and technology in ways that en15 hance the economic security and prosperity of the 

16 United States; and 

17 ‘‘(2) advance collaboration with researchers, in18 stitutions of higher education, industry, and non19 profit and philanthropic organizations to accelerate 

20 the development of technical standards, measurement 

21 science, and the commercialization of emerging tech22 nologies in the United States. 

23 ‘‘(c) ACTIVITIES.—In carrying out its mission under 

24 subsection (b), the Foundation may carry out the following: 


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1 ‘‘(1) Support international metrology and tech2 nical standards engagement activities. 

3 ‘‘(2) Support studies, projects, and research on 

4 metrology and the development of benchmarks and 

5 technical standards infrastructure across the Insti6 tute’s mission areas. 

7 ‘‘(3) Advance collaboration between the Institute 

8 and researchers, industry, nonprofit and philan9 thropic organizations, institutions of higher edu10 cation, federally funded research and development 

11 centers, and State, Tribal, and local governments. 

12 ‘‘(4) Support the expansion and improvement of 

13 research facilities and infrastructure at the Institute 

14 to advance the development of emerging technologies. 

15 ‘‘(5) Support the commercialization of federally 

16 funded research. 

17 ‘‘(6) Conduct education and outreach activities. 

18 ‘‘(7) Offer direct support to NIST associates, in19 cluding through the provision of fellowships, grants, 

20 stipends, travel, health insurance, professional devel21 opment training, housing, technical and administra22 tive assistance, recognition awards for outstanding 

23 performance, and occupational safety and awareness 

24 training and support, and other appropriate expendi25 tures. 


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1 ‘‘(8) Conduct such other activities as determined 

2 necessary by the Foundation to carry out its mission. 

3 ‘‘(d) AUTHORITY OF THE FOUNDATION.—The Founda4 tion shall be the sole entity responsible for carrying out the 

5 activities described in subsection (c). 

6 ‘‘(e) STAKEHOLDER ENGAGEMENT.—The Foundation 

7 shall convene, and may consult with, representatives from 

8 the Institute, institutions of higher education, the private 

9 sector, non-profit organizations, and commercialization or10 ganizations to develop activities for the mission of the Foun11 dation under subsection (b) and to advance the activities 

12 of the Foundation under subsection (c). 

13 ‘‘(f) LIMITATION.—The Foundation shall not be an 

14 agency or instrumentality of the Federal Government. 

15 ‘‘(g) SUPPORT.—The Foundation may receive, admin16 ister, solicit, accept, and use funds, gifts, devises, or be17 quests, either absolutely or in trust of real or personal prop18 erty or any income therefrom or other interest therein to 

19 support activities under subsection (c), except that this sub20 section shall not apply if any of such is from a foreign coun21 try of concern or a foreign entity of concern. 

22 ‘‘(h) TAX EXEMPT STATUS.—The Board shall take all 

23 necessary and appropriate steps to ensure the Foundation 

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1 nal Revenue Code of 1986 and exempt from taxation under 

2 section 501(a) of such Code. 

3 ‘‘(i) BOARD OF DIRECTORS.— 

4 ‘‘(1) ESTABLISHMENT.—The Foundation shall be 

5 governed by a Board of Directors. 

6 ‘‘(2) COMPOSITION.— 

7 ‘‘(A) IN GENERAL.—The Board shall be 

8 composed of the following: 

9 ‘‘(i) Eleven appointed voting members 

10 described in subparagraph (B). 

11 ‘‘(ii) Ex officio nonvoting members de12 scribed in subparagraph (C). 

13 ‘‘(B) APPOINTED MEMBERS.— 

14 ‘‘(i) INITIAL MEMBERS.—The Sec15 retary, acting through the Director, shall— 

16 ‘‘(I) seek to enter into an agree17 ment with the National Academies of 

18 Sciences, Engineering, and Medicine to 

19 develop a list of individuals to serve as 

20 members of the Board who are well 

21 qualified and will meet the require22 ments of clauses (ii) and (iii); and 

23 ‘‘(II) appoint the initial members 

24 of the Board from such list, if applica25 ble, in consultation with the National 


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1 Academies of Sciences, Engineering, 

2 and Medicine. 

3 ‘‘(ii) REPRESENTATION.—The ap4 pointed members of the Board shall reflect 

5 a broad cross-section of stakeholders across 

6 diverse sectors, regions and communities, 

7 including from academia, private sector en8 tities, technical standards bodies, the invest9 ment community, the philanthropic commu10 nity, and other nonprofit organizations. 

11 ‘‘(iii) EXPERIENCE.—The Secretary, 

12 acting through the Director, shall ensure the 

13 appointed members of the Board have the 

14 experience and are qualified to provide ad15 vice and information to advance the Foun16 dation’s mission, including in science and 

17 technology research and development, tech18 nical standards, education, technology 

19 transfer, commercialization, or other aspects 

20 of the Foundation’s mission. 

21 ‘‘(C) NONVOTING MEMBERS.— 

22 ‘‘(i) EX OFFICIO MEMBERS.—The Di23 rector (or Director’s designee) shall be an ex 

24 officio member of the Board. 


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1 ‘‘(ii) NO VOTING POWER.—The ex offi2 cio members described in clause (i) shall not 

3 have voting power on the Board. 

4 ‘‘(3) CHAIR AND VICE CHAIR.— 

5 ‘‘(A) IN GENERAL.—The Board shall des6 ignate, from among its members— 

7 ‘‘(i) an individual to serve as the chair 

8 of the Board; and 

9 ‘‘(ii) an individual to serve as the vice 

10 chair of the Board. 

11 ‘‘(B) TERMS.—The term of service of the 

12 Chair and Vice Chair of the Board shall end on 

13 the earlier of— 

14 ‘‘(i) the date that is 3 years after the 

15 date on which the Chair or Vice Chair of 

16 the Board, as applicable, is designated for 

17 the respective position; and 

18 ‘‘(ii) the last day of the term of service 

19 of the member, as determined under para20 graph (4)(A), who is designated to be Chair 

21 or Vice Chair of the Board, as applicable. 

22 ‘‘(C) REPRESENTATION.—The Chair and 

23 Vice Chair of the Board— 


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1 ‘‘(i) may not be representatives of the 

2 same area of subject matter expertise, or en3 tity, as applicable; and 

4 ‘‘(ii) may not be representatives of any 

5 area of subject matter expertise, or entity, 

6 as applicable, represented by the imme7 diately preceding Chair and Vice Chair of 

8 the Board. 

9 ‘‘(4) TERMS AND VACANCIES.— 

10 ‘‘(A) TERM LIMITS.—Subject to subpara11 graph (B), the term of office of each member of 

12 the Board shall be not more than five years, ex13 cept that a member of the Board may continue 

14 to serve after the expiration of the term of such 

15 member until the expiration of the 180-day pe16 riod beginning on the date on which the term of 

17 such member expires, if no new member is ap18 pointed to replace the departing board member. 

19 ‘‘(B) INITIAL APPOINTED MEMBERS.—Of the 

20 initial members of the Board appointed under 

21 paragraph (4)(A), half of such members shall 

22 serve for four years and half of such members 

23 shall serve for five years, as determined by the 

24 Chair of the Board. 


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1 ‘‘(C) VACANCIES.—Any vacancy in the 

2 membership of the appointed members of the 

3 Board— 

4 ‘‘(i) shall be filled in accordance with 

5 the bylaws of the Foundation by an indi6 vidual capable of representing the same 

7 area or entity, as applicable, as represented 

8 by the vacating board member under para9 graph (2)(B)(ii); 

10 ‘‘(ii) shall not affect the power of the 

11 remaining appointed members to carry out 

12 the duties of the Board; and 

13 ‘‘(iii) shall be filled by an individual 

14 selected by the Board. 

15 ‘‘(5) QUORUM.—A majority of the members of 

16 the Board shall constitute a quorum for the purposes 

17 of conducting the business of the Board. 

18 ‘‘(6) DUTIES.—The Board shall carry out the 

19 following: 

20 ‘‘(A) Establish bylaws for the Foundation 

21 in accordance with paragraph (7). 

22 ‘‘(B) Provide overall direction for the activi23 ties of the Foundation and establish priority ac24 tivities. 


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1 ‘‘(C) Coordinate with the Institute the ac2 tivities of the Foundation to ensure consistency 

3 with the programs and policies of the Institute. 

4 ‘‘(D) Evaluate the performance of the Exec5 utive Director of the Foundation. 

6 ‘‘(E) Actively solicit and accept funds, gifts, 

7 grants, devises, or bequests of real or personal 

8 property to the Foundation, including from pri9 vate entities. 

10 ‘‘(F) Carry out any other necessary activi11 ties of the Foundation. 

12 ‘‘(7) BYLAWS.—The Board shall establish bylaws 

13 for the Foundation. In establishing such bylaws, the 

14 Board shall ensure the following: 

15 ‘‘(A) The bylaws of the Foundation include 

16 the following: 

17 ‘‘(i) Policies for the selection of the 

18 Board members, officers, employees, agents, 

19 and contractors of the Foundation. 

20 ‘‘(ii) Policies, including ethical and 

21 disclosure standards, for the following: 

22 ‘‘(I) The acceptance, solicitation, 

23 and disposition of donations and 

24 grants to the Foundation, including 

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1 nors to designate, by stipulation or re2 striction, the use or recipient of do3 nated funds. 

4 ‘‘(II) The disposition of assets of 

5 the Foundation. 

6 ‘‘(iii) Policies that subject all employ7 ees, fellows, trainees, and other agents of the 

8 Foundation (including appointed voting 

9 members and ex officio members of the 

10 Board) to conflict of interest standards. 

11 ‘‘(iv) The specific duties of the Execu12 tive Director of the Foundation. 

13 ‘‘(B) The bylaws of the Foundation and ac14 tivities carried out under such bylaws do not— 

15 ‘‘(i) reflect unfavorably upon the abil16 ity of the Foundation to carry out its re17 sponsibilities or official duties in a fair and 

18 objective manner; or 

19 ‘‘(ii) compromise, or appear to com20 promise, the integrity of any governmental 

21 agency or program, or any officer or em22 ployee employed by, or involved in a gov23 ernmental agency or program. 

24 ‘‘(8) RESTRICTIONS ON MEMBERSHIP.— 


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1 ‘‘(A) EMPLOYEES.—No employee of the De2 partment of Commerce may be appointed as a 

3 voting member of the Board. 

4 ‘‘(B) STATUS.—Each voting member of the 

5 Board shall be— 

6 ‘‘(i) a citizen of the United States; 

7 ‘‘(ii) a national of the United States 

8 (as such term is defined in section 101(a) of 

9 the Immigration and Nationality Act (8 

10 U.S.C. 1101(a)); 

11 ‘‘(iii) an alien admitted as a refugee 

12 under section 207 of such Act (8 U.S.C. 

13 1157); or 

14 ‘‘(iv) an alien lawfully admitted to the 

15 United States for permanent residence. 

16 ‘‘(9) COMPENSATION.— 

17 ‘‘(A) IN GENERAL.—Members of the Board 

18 may not receive compensation for serving on the 

19 Board. 

20 ‘‘(B) CERTAIN EXPENSES.—In accordance 

21 with the bylaws of the Foundation, members of 

22 the Board may be reimbursed for travel expenses, 

23 including per diem in lieu of subsistence, and 

24 other necessary expenses incurred in carrying 

25 out the duties of the Board. 


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1 ‘‘(10) LIAISON REPRESENTATIVES.—The Sec2 retary, acting through the Director, shall designate 

3 representatives from across the Institute to serve as 

4 the liaisons to the Board and the Foundation. 

5 ‘‘(11) PERSONAL LIABILITY OF BOARD MEM6 BERS.—The members of the Board shall not be per7 sonally liable, except for malfeasance. 

8 ‘‘(j) ADMINISTRATION.— 

9 ‘‘(1) EXECUTIVE DIRECTOR.— 

10 ‘‘(A) IN GENERAL.—The Foundation shall 

11 have an Executive Director who shall be ap12 pointed by the Board, and who shall serve at the 

13 pleasure of the Board, and for whom the Board 

14 shall establish the rate of compensation. Subject 

15 to the bylaws established under subsection (i)(7), 

16 the Executive Director shall be responsible for the 

17 daily operations of the Foundation in carrying 

18 out the activities of the Foundation under sub19 section (c). 

20 ‘‘(B) RESPONSIBILITIES.—In carrying out 

21 the daily operations of the Foundation, the Exec22 utive Director of the Foundation shall carry out 

23 the following: 

24 ‘‘(i) Hire, promote, compensate, and 

25 discharge officers and employees of the 


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1 Foundation, and define the duties of such 

2 officers and employees. 

3 ‘‘(ii) Accept and administer donations 

4 to the Foundation, and administer the as5 sets of the Foundation. 

6 ‘‘(iii) Enter into such contracts and 

7 execute legal instruments as are appropriate 

8 in carrying out the activities of the Founda9 tion. 

10 ‘‘(iv) Perform such other functions as 

11 necessary to operate the Foundation. 

12 ‘‘(C) RESTRICTIONS.— 

13 ‘‘(i) EXECUTIVE DIRECTOR.—The Ex14 ecutive Director shall be— 

15 ‘‘(I) a citizen of the United States; 

16 ‘‘(II) a national of the United 

17 States (as such term is defined in sec18 tion 101(a) of the Immigration and 

19 Nationality Act (8 U.S.C. 1101(a)); 

20 ‘‘(III) an alien admitted as a ref21 ugee under section 207 of such Act (8 

22 U.S.C. 1157); or 

23 ‘‘(IV) an alien lawfully admitted 

24 to the United States for permanent res25 idence. 


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1 ‘‘(ii) OFFICERS AND EMPLOYEES.— 

2 Each officer or employee of the Foundation 

3 shall be— 

4 ‘‘(I) a citizen of the United States; 

5 ‘‘(II) a national of the United 

6 States (as such term is defined in sec7 tion 101(a) of the Immigration and 

8 Nationality Act (8 U.S.C. 1101(a)); 

9 ‘‘(III) an alien admitted as a ref10 ugee under section 207 of such Act (8 

11 U.S.C. 1157); or 

12 ‘‘(IV) an alien lawfully admitted 

13 to the United States for permanent res14 idence. 

15 ‘‘(2) ADMINISTRATIVE CONTROL.—No member of 

16 the Board, officer or employee of the Foundation or 

17 of any program established by the Foundation, or 

18 participant in a program established by the Founda19 tion, may exercise administrative control over any 

20 Federal employee. 

21 ‘‘(3) TRANSFER OF FUNDS TO INSTITUTE.—The 

22 Foundation may transfer funds and property to the 

23 Institute, which the Institute may accept and use and 

24 which shall be subject to all applicable Federal limita25 tions relating to federally funded research. 


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1 ‘‘(4) STRATEGIC PLAN.—Not later than one year 

2 after the establishment of the Foundation, the Foun3 dation shall submit to the Committee on Science, 

4 Space, and Technology of the House of Representa5 tives and the Committee on Commerce, Science, and 

6 Transportation of the Senate a strategic plan that 

7 contains the following: 

8 ‘‘(A) A plan for the Foundation to become 

9 financially self-sustaining in the next five years. 

10 ‘‘(B) Short- and long-term objectives of the 

11 Foundation, as identified by the Board. 

12 ‘‘(C) A description of the efforts the Foun13 dation will take to be transparent in the proc14 esses of the Foundation, including processes re15 lating to the following: 

16 ‘‘(i) Grant awards, including selection, 

17 review, and notification. 

18 ‘‘(ii) Communication of past, current, 

19 and future research priorities. 

20 ‘‘(iii) Solicitation of and response to 

21 public input on the priorities identified by 

22 the Foundation. 

23 ‘‘(D) A description of the financial goals 

24 and benchmarks of the Foundation for the fol25 lowing ten years. 


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1 ‘‘(E) A description of the efforts undertaken 

2 by the Foundation to ensure maximum 

3 complementarity and minimum redundancy 

4 with investments made by the Institute. 

5 ‘‘(5) REPORT.— 

6 ‘‘(A) IN GENERAL.—Not later than 18 

7 months after the establishment of the Foundation 

8 and not later than February 1 of each year 

9 thereafter, the Foundation shall publish a report 

10 describing the activities of the Foundation dur11 ing the immediately preceding fiscal year. Each 

12 such report shall include with respect to such fis13 cal year a comprehensive statement of the oper14 ations, activities, financial condition, progress, 

15 and accomplishments of the Foundation. 

16 ‘‘(B) FINANCIAL CONDITION.—With respect 

17 to the financial condition of the Foundation, 

18 each report under subparagraph (A) shall in19 clude the source, and a description of, all sup20 port under subsection (g) provided to the Foun21 dation. Each such report shall identify the per22 sons or entities from which such support is re23 ceived, and include a specification of any restric24 tions on the purposes for which such support 

25 may be used. 


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1 ‘‘(C) PUBLICATION.—The Foundation shall 

2 make copies of each report submitted under sub3 paragraph (A) available— 

4 ‘‘(i) for public inspection, and shall 

5 upon request provide a copy of the report to 

6 any individual for a charge not to exceed 

7 the cost of providing such copy; and 

8 ‘‘(ii) to the Committee on Science, 

9 Space, and Technology of the House of Rep10 resentatives and the Committee on Com11 merce, Science, and Transportation of the 

12 Senate. 

13 ‘‘(6) AUDITS AND DISCLOSURE.—The Founda14 tion shall— 

15 ‘‘(A) provide for annual audits of the finan16 cial condition of the Foundation, including a 

17 full list of the Foundation’s donors and any re18 strictions on the purposes for which gifts to the 

19 Foundation may be used; and 

20 ‘‘(B) make such audits, and all other 

21 records, documents, and other papers of the 

22 Foundation, available to the Secretary and the 

23 Comptroller General of the United States for ex24 amination or audit. 


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1 ‘‘(7) EVALUATION BY COMPTROLLER GENERAL.— 

2 Not later than five years after the date on which the 

3 Foundation is established, the Comptroller General of 

4 the United States shall submit to the Committee on 

5 Science, Space, and Technology of the House of Rep6 resentatives and the Committee on Commerce, 

7 Science, and Transportation of the Senate the fol8 lowing: 

9 ‘‘(A) An evaluation of the following: 

10 ‘‘(i) The extent to which the Founda11 tion is achieving the mission of the Founda12 tion. 

13 ‘‘(ii) The operation of the Foundation. 

14 ‘‘(B) Any recommendations on how the 

15 Foundation may be improved. 

16 ‘‘(k) INTEGRITY.— 

17 ‘‘(1) IN GENERAL.—To ensure integrity in the 

18 operations of the Foundation, the Board shall develop 

19 and enforce procedures relating to standards of con20 duct, financial disclosure statements, conflicts of in21 terest (including recusal and waiver rules), audits, 

22 and any other matters determined appropriate by the 

23 Board. 

24 ‘‘(2) FINANCIAL CONFLICTS OF INTEREST.—To 

25 mitigate conflicts of interest and risks from malign 


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1 foreign influence, any individual who is an officer, 

2 employee, or member of the Board is prohibited from 

3 any participation in deliberations by the Foundation 

4 of a matter that would directly or predictably affect 

5 any financial interest of any of the following: 

6 ‘‘(A) Such individual. 

7 ‘‘(B) A relative of such individual. 

8 ‘‘(C) A business organization or other entity 

9 in which such individual or relative of such in10 dividual has an interest, including an organiza11 tion or other entity with which such individual 

12 is negotiating employment. 

13 ‘‘(3) SECURITY.—This section shall be carried 

14 out in accordance with the provision of subtitle D of 

15 title VI of the Research and Development, Competi16 tion, and Innovation Act (42 U.S.C. 19231 et seq.; 

17 enacted as part of division B of Public Law 117–167) 

18 and section 223 of the William M. (Mac) Thornberry 

19 National Defense Authorization Act for Fiscal Year 

20 2021 (42 U.S.C. 6605). 

21 ‘‘(l) INTELLECTUAL PROPERTY.—The Board shall 

22 adopt written standards to govern the ownership and licens23 ing of any intellectual property rights developed by the 

24 Foundation or derived from the collaborative efforts of the 

25 Foundation 


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1 ‘‘(m) FULL FAITH AND CREDIT.—The United States 

2 shall not be liable for any debts, defaults, acts, or omissions 

3 of the Foundation. The full faith and credit of the United 

4 States shall not extend to any obligations of the Founda5 tion. 

6 ‘‘(n) SUPPORT SERVICES.—The Secretary, acting 

7 through the Director, may provide facilities, utilities, and 

8 support services to the Foundation if it is determined by 

9 the Director to be advantageous to the research programs 

10 of the Institute. 

11 ‘‘(o) NONAPPLICABILITY.—Chapter 10 of title 5, 

12 United States Code, shall not apply to the Foundation. 

13 ‘‘(p) SEPARATE FUND ACCOUNTS.—The Board shall 

14 ensure that amounts received pursuant to the authorization 

15 of appropriations under subsection (q) are held in a sepa16 rate account from any other funds received by the Founda17 tion. 

18 ‘‘(q) FUNDING; AUTHORIZATION OF APPROPRIA19 TIONS.—Notwithstanding any other provision of law, from 

20 amounts authorized to be appropriated for a fiscal year be21 ginning with fiscal year 2025 to the Secretary of Commerce 

22 pursuant to section 10211, the Director may transfer not 

23 less than $500,000 and not more than $1,250,000 to the 

24 Foundation each such fiscal year. 

25 ‘‘(r) DEFINITIONS.—In this section: 


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1 ‘‘(1) BOARD.—The term ‘Board’ means the 

2 Board of Directors of the Foundation, established pur3 suant to subsection (i). 

4 ‘‘(2) DIRECTOR.—The term ‘Director’ means the 

5 Director of the National Institute of Standards and 

6 Technology. 

7 ‘‘(3) FOREIGN COUNTRY OF CONCERN.—The term 

8 ‘foreign country of concern’ has the meaning given 

9 such term in section 10638 of the Research and Devel10 opment, Competition, and Innovation Act (42 U.S.C. 

11 19237; enacted as part of division B of Public Law 

12 117–167). 

13 ‘‘(4) FOREIGN ENTITY OF CONCERN.—The term 

14 ‘foreign entity of concern’ has the meaning given such 

15 term in section 10638 of the Research and Develop16 ment, Competition, and Innovation Act (42 U.S.C. 

17 19237; enacted as part of division B of Public Law 

18 117–167). 

19 ‘‘(5) FOUNDATION.—The term ‘Foundation’ 

20 means the Foundation for Standards and Metrology 

21 established pursuant to subsection (a). 

22 ‘‘(6) INSTITUTE.—The term ‘Institute’ means the 

23 National Institute of Standards and Technology. 

24 ‘‘(7) INSTITUTION OF HIGHER EDUCATION.—The 

25 term ‘institution of higher education’ has the meaning 


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1 given such term in section 101 of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1001). 

3 ‘‘(8) NIST ASSOCIATE.—The term ‘NIST asso4 ciate’ means any guest researcher, facility user, vol5 unteer, or other nonemployee of the National Institute 

6 of Standards and Technology who conducts research 

7 or otherwise engages in an authorized activity with 

8 National Institute of Standards and Technology per9 sonnel or at a National Institute of Standards and 

10 Technology facility. 

11 ‘‘(9) RELATIVE.—The term ‘relative’ has the 

12 meaning given such term in section 13101 of title 5, 

13 United States Code. 

14 ‘‘(10) SECRETARY.—The term ‘Secretary’ means 

15 the Secretary of Commerce. 

16 ‘‘(11) TECHNICAL STANDARD.—The term ‘tech17 nical standard’ has the meaning given such term in 

18 section 12(d)(5) of the National Technology Transfer 

19 and Advancement Act of 1995 (15 U.S.C. 272 note).’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents in 

21 section 1 of Public Law 117–167 is amended by inserting 

22 after the item relating to section 10235 the following new 

23 item: 

‘‘Sec. 10236. Foundation for Standards and Metrology.’’. 


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1 SEC. 304. PROHIBITION ON CERTAIN POLICIES RELATING 

2 TO THE USE OF ARTIFICIAL INTELLIGENCE 

3 OR OTHER AUTOMATED SYSTEMS. 

4 Not later than 7 days after the date of the enactment 

5 of this Act, the President, acting through the Director of 

6 the Office of Science and Technology Policy, shall issue a 

7 technology directive with respect to artificial intelligence or 

8 other automated systems that prohibits any action, direc9 tive, rule, regulation, policy, principle, or guidance by a 

10 Federal agency that includes policies that require, rec11 ommend, promote, or encourage any of the following con12 cepts or rules: 

13 (1) One race or sex is inherently superior to an14 other race or sex. 

15 (2) The United States is fundamentally racist or 

16 sexist. 

17 (3) An individual, by virtue of his or her race 

18 or sex, is inherently racist, sexist, or oppressive, 

19 whether consciously or unconsciously. 

20 (4) An individual should be discriminated 

21 against or receive adverse treatment solely or partly 

22 because of his or her race or sex. 

23 (5) Members of one race or sex cannot and 

24 should not attempt to treat others without respect to 

25 race or sex. 


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1 (6) The moral character of an individual is nec2 essarily determined by his or her race or sex. 

3 (7) An individual, by virtue of his or her race 

4 or sex, bears responsibility for actions committed in 

5 the past by other members of the same race or sex. 

6 (8) An individual should feel discomfort, guilt, 

7 anguish, or another form of psychological distress on 

8 account of his or her race or sex. 

9 (9) Meritocracy or traits such as a hard work 

10 ethic are racist or sexist, or were created by a par11 ticular race to oppress another. 

12 (10) Artificial intelligence, algorithms, or other 

13 automated systems should be designed in an equitable 

14 way that prevents disparate impacts based on a pro15 tected class or other societal classification. 

16 (11) Input data used by designers, developers, or 

17 deployers of artificial intelligence, algorithms, or 

18 other automated systems should be modified to pre19 vent disparate impacts based on a protected class or 

20 other societal classification. 

21 (12) Designers, developers, integrators, or 

22 deployers of artificial intelligence, algorithms, or 

23 other automated systems should conduct disparate im24 pact or equity impact assessments prior to deploy25 ment or implementation of such technology to ensure 


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1 inclusivity and equity in the creation, design, or de2 velopment of the technology. 

3 (13) Federal agencies should review input data 

4 used by designers, developers, or deployers of artificial 

5 intelligence, algorithms, or other automated systems 

6 to ensure the technology— 

7 (A) meets the view of that Federal agency of 

8 what constitutes bias or misinformation; and 

9 (B) contains no positions contrary to the 

10 position of the Federal Government. 

11 SEC. 305. CERTIFICATIONS AND AUDITS OF TEMPORARY 

12 FELLOWS. 

13 (a) DEFINITIONS.—In this section: 

14 (1) AGENCY.—The term ‘‘agency’’ has the mean15 ing given such term in section 3502 of title 44, 

16 United States Code. 

17 (2) COMMITTEES OF JURISDICTION.—The term 

18 ‘‘committees of jurisdiction’’ means— 

19 (A) the Committee on Commerce, Science, 

20 and Transportation and the Committee on En21 ergy and Natural Resources of the Senate; and 

22 (B) the Committee on Energy and Com23 merce and the Committee on Science, Space, and 

24 Technology of the House of Representatives. 


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1 (3) CRITICAL AND EMERGING TECHNOLOGIES.— 

2 The term ‘‘critical and emerging technologies’’ means 

3 a subset of artificial intelligence and other critical 

4 and emerging technologies included in the list of such 

5 technologies identified and maintained by the Na6 tional Science and Technology Council of the Office of 

7 Science and Technology Policy. 

8 (4) INHERENTLY GOVERNMENTAL FUNCTION.— 

9 The term ‘‘inherently governmental function’’ has the 

10 meaning given such term in section 5 of the Federal 

11 Activities Inventory Reform Act of 1998 (Public Law 

12 105–270; 31 U.S.C. 501 note) and includes the mean13 ing given such term in subpart 7.5 of part 7 of the 

14 Federal Acquisition Regulation, or successor regula15 tion. 

16 (5) TEMPORARY FELLOW.—The term ‘‘temporary 

17 fellow’’, with respect to an agency, means a fellow, 

18 contractor, consultant, or any other person per19 forming work for the agency who is not a Federal 

20 government employee. 

21 (b) CERTIFICATION.— 

22 (1) IN GENERAL.—Prior to performing any work 

23 for an agency under this Act relating to artificial in24 telligence and other critical and emerging tech25 nologies, a temporary fellow and the head of the agenVerDate Sep 11 2014 06:32 Dec 19, 2024 Jkt 059200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6203 E:\BILLS\S4178.RS S4178

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1 cy shall sign a certification that the temporary fellow 

2 will not perform any inherently governmental func3 tions. 

4 (2) SUBMITTAL.—Not later than 30 days after 

5 the date on which the head of an agency signs a cer6 tification under paragraph (1), the head of the agency 

7 shall submit a copy of the certification to the Director 

8 of the Office of Management and Budget and the 

9 chairpersons and ranking members of the committees 

10 of jurisdiction. 

11 (c) AUDIT.— 

12 (1) IN GENERAL.—For each agency using a tem13 porary fellow to carry out this Act, the inspector gen14 eral of the agency shall perform an annual audit of 

15 the use of temporary fellows by the agency, which in16 cludes— 

17 (A) the number of temporary fellows used 

18 by the agency; 

19 (B) the entities paying any temporary fel20 low for their work for the agency; 

21 (C) the work temporary fellows are per22 forming for the agency; 

23 (D) the authorities under which the agency 

24 hired the temporary fellows; and 


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1 (E) whether the temporary fellows and the 

2 agency are complying with the requirements of 

3 section (b). 

4 (2) SUBMITTAL TO CONGRESS.—Not later than 

5 30 days after the date on which the inspector general 

6 of an agency completes an audit under paragraph 

7 (1), the head of the agency shall submit to the chair8 persons and ranking members of the committees of ju9 risdiction and the Director of the Office of Manage10 ment and Budget a report containing the findings of 

11 inspector general with respect to the audit. 


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Calendar No. 725 

118TH CONGRESS 

2D SESSION S. 4178 

A BILL 

To establish artificial intelligence standards, 

D

other purposes. nies of all sizes can succeed and thrive, and for artificial intelligence industry by ensuring compabuilding activities, to promote innovation in the intelligence research, development, and capacity metrics, and evaluation tools, to support artificial 

ECEMBER 18 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


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