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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3205 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  1st Session
                                S. 3205

  To require Federal agencies to use the Artificial Intelligence Risk 
 Management Framework developed by the National Institute of Standards 
   and Technology with respect to the use of artificial intelligence.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 2, 2023

 Mr. Moran (for himself and Mr. Warner) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
  To require Federal agencies to use the Artificial Intelligence Risk 
 Management Framework developed by the National Institute of Standards 
   and Technology with respect to the use of artificial intelligence.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Artificial Intelligence Risk 
Management Act of 2023''.

SEC. 2. AGENCY USE OF ARTIFICIAL INTELLIGENCE.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of Federal Procurement Policy.
            (2) Agency.--The term ``agency'' means any department, 
        independent establishment, Government corporation, or other 
        agency of the executive branch of the Federal Government.
            (3) Artificial intelligence.--The term ``artificial 
        intelligence'' has the meaning given the term in section 5002 
        of the National Artificial Intelligence Initiative Act of 2020 
        (15 U.S.C. 9401).
            (4) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (5) Framework.--The term ``framework'' means document 
        number NIST AI 100-1 of the National Institute of Standards and 
        Technology entitled ``Artificial Intelligence Risk Management 
        Framework'', or any successor document.
            (6) Playbook.--The term ``playbook'' means the AI RMF 
        Playbook developed by the National Institute of Standards and 
        Technology.
            (7) Profile.--The term ``profile'' means an implementation 
        of the artificial intelligence risk management functions, 
        categories, and subcategories for a specific setting or 
        application based on the requirements, risk tolerance, and 
        resources of the framework user.
    (b) Requirements for Agency Use of Artificial Intelligence.--
            (1) OMB guidance.--Not later than 180 days after the date 
        on which the Director of the National Institute of Standards 
        and Technology issues guidelines under paragraph (2), the 
        Director of the Office of Management and Budget shall issue 
        guidance requiring agencies to incorporate the framework and 
        the guidelines into their artificial intelligence risk 
        management efforts, consistent with such guidelines.
            (2) NIST guidelines.--Not later than 1 year after the date 
        of the enactment of this Act, the Director of the National 
        Institute of Standards and Technology shall, in consultation 
        with the Administrator, issue guidance for agencies to 
        incorporate the framework into the artificial intelligence risk 
        management efforts of the agency, which shall--
                    (A) provide standards, practices, and tools 
                consistent with the framework and how they can leverage 
                the framework to reduce risks to people and the planet 
                for agency implementation in the development, 
                procurement, and use of artificial intelligence;
                    (B) specify appropriate cybersecurity strategies 
                and the installation of effective cybersecurity tools 
                to improve security of artificial intelligence systems;
                    (C) provide standards--
                            (i) that are consistent with the framework 
                        and Circular A-119 of the Office of Management 
                        and Budget;
                            (ii) that are tailored to risks that could 
                        endanger people and the planet; and
                            (iii) which a supplier of artificial 
                        intelligence for the agency must attest to meet 
                        before the head of an agency may procure 
                        artificial intelligence from that supplier;
                    (D) recommend training on the framework and the 
                guidelines for each agency responsible for procuring 
                artificial intelligence;
                    (E) set minimum requirements for developing 
                profiles for agency use of artificial intelligence 
                consistent with the framework; and
                    (F) develop profiles for framework use for an 
                entity that is a small business concern (as defined in 
                section 3 of the Small Business Act (15 U.S.C. 632)).
            (3) Additional requirements.--
                    (A) Draft contract language.--The Administrator 
                shall, in consultation with the Director, provide draft 
                contract language for each agency to use in procurement 
                that requires a supplier of artificial intelligence--
                            (i) to adhere to certain actions that are 
                        consistent with the framework; and
                            (ii) to provide appropriate access to data, 
                        models, and parameters, as defined by the 
                        Director, to enable sufficient test and 
                        evaluation, verification, and validation.
                    (B) Templates.--The Director of the Office of 
                Management and Budget shall, in consultation with the 
                Director, provide a template for agency use on the 
                guidance issued under paragraph (1) that includes 
                recommended procedures for implementation.
            (4) Conforming requirement.--The head of each agency shall 
        conform any policy, principle, practice, procedure, or 
        guideline governing the design, development, implementation, 
        deployment, use, or evaluation of an artificial intelligence 
        system by the agency to the framework and to the guidance 
        issued under paragraph (1).
            (5) Supporting material.--In carrying out paragraph (4), 
        the head of each agency may use the supporting materials of the 
        framework, including the playbook.
            (6) Study.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall conduct a study on the impact of the application 
        of the framework on agency use of artificial intelligence.
            (7) Reporting requirement.--Not later than 1 year after the 
        date of the enactment of this Act, and not less frequently than 
        once every 3 years thereafter, the Director of the Office of 
        Management and Budget shall submit to Congress a report on 
        agency implementation of and conformity to the framework.
            (8) Exception for national security systems.--Nothing in 
        this subsection shall apply to a national security system (as 
        defined in section 3552 of title 44, United States Code).
    (c) Requirements for Agency Procurement of Artificial 
Intelligence.--Not later than 1 year after the issuance of guidance 
pursuant to subsection (b)(1), the Federal Acquisition Regulatory 
Council shall promulgate regulations that provide for--
            (1) the requirements for the acquisition of artificial 
        intelligence products, services, tools, and systems, to include 
        risk-based compliance with the framework; and
            (2) solicitation provisions and contract clauses that 
        include references to the requirements described in paragraph 
        (1) and the framework for use in artificial intelligence 
        acquisitions.
    (d) Artificial Intelligence Workforce.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the Office of 
        Management and Budget shall, in consultation with the 
        Administrator of the General Services Administration, establish 
        an initiative to provide to agencies expertise on artificial 
        intelligence pursuant to requests for such expertise by the 
        heads of such agencies.
            (2) Elements.--The initiative established pursuant to 
        paragraph (1) shall include the following:
                    (A) The recruitment and hiring of interdisciplinary 
                experts who can assist agencies in the development, 
                procurement, use, and assessment of artificial 
                intelligence tools.
                    (B) A process for establishing development and 
                deployment guidelines and tools for managing artificial 
                intelligence risks under which the initiative can 
                assist agencies.
                    (C) Consultation with existing initiatives, 
                including United States Digital Service and the 
                technology transformation services of the General 
                Services Administration, to incorporate best practices 
                for assisting agencies in the development, procurement, 
                use, and assessment of artificial intelligence tools.
    (e) Testing and Evaluation of Artificial Intelligence.--
            (1) Study.--Not later than 90 days after the date of the 
        enactment of this Act, the Director of the National Institute 
        of Standards and Technology shall complete a study to review 
        the existing and forthcoming voluntary consensus standards for 
        the test, evaluation, verification, and validation of 
        artificial intelligence acquisitions.
            (2) Development of voluntary consensus standards.--Not 
        later than 90 days after the date of the completion of the 
        study required by paragraph (1), the Director shall--
                    (A) convene relevant stakeholders to develop 
                voluntary consensus standards for the test, evaluation, 
                verification, and validation of artificial intelligence 
                acquisitions;
                    (B) upon completion of the standards described in 
                subparagraph (A) or within 1 year, whichever is 
                sooner--
                            (i) develop methods and principles, based 
                        on the standards described in subparagraph (A), 
                        for the conduct of test, evaluation, 
                        verification, and validation of artificial 
                        intelligence acquisitions;
                            (ii) establish the resources for the 
                        conduct of test, evaluation, verification, and 
                        validation of artificial intelligence 
                        acquisitions;
                            (iii) monitor and review all test, 
                        evaluation, verification, and validation of 
                        artificial intelligence acquisitions; and
                            (iv) review and make recommendations to the 
                        head of each agency of risks to people and the 
                        plant on relevant artificial intelligence 
                        acquisitions; and
                    (C) continuously update the methods and principles 
                described in subparagraph (B)(i) based on evolving 
                voluntary consensus standards.
                                 <all>
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