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Code · BILL · 118th Congress · S. 3312 (Reported in Senate) — To provide a framework for artificial intelligence innovation and accountability, and for other purposes. · Sec. 201

Sec. 201. Definitions

803 words·~4 min read·/bill/118/s/3312/rs/section-201·

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In this title: The term appropriate congressional committees means— the Committee on Energy and Natural Resources and the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Energy and Commerce of the House of Representatives; and each congressional committee with jurisdiction over an applicable covered agency. The term artificial intelligence system means an engineered system that— generates outputs, such as content, predictions, recommendations, or decisions for a given set of human-defined objectives; and is designed to operate with varying levels of adaptability and autonomy using machine and human-based inputs. the term covered agency means an agency for which the Under Secretary develops an NIST recommendation.
The term covered internet platform — means any public-facing website, consumer-facing internet application, or mobile application available to consumers in the United States; and includes a social network site, video sharing service, search engine, and content aggregation service. The term covered internet platform does not include a platform that— is wholly owned, controlled, and operated by a person that— during the most recent 180-day period, did not employ more than 500 employees; during the most recent 3-year period, averaged less than $50,000,000 in annual gross receipts; and on an annual basis, collects or processes the personal data of less than 1,000,000 individuals; or is operated for the sole purpose of conducting research that is not directly or indirectly made for profit.
The term critical-impact AI organization means a non-government organization that serves as the deployer of a critical-impact artificial intelligence system. The term critical-impact artificial intelligence system means an artificial intelligence system that— is deployed for a purpose other than solely for use by the Department of Defense or an intelligence agency (as defined in section 3094(e) of the National Security Act of 1947 ( 50 U.S.C. 3094(3) )); and is used or intended to be used— to make decisions that have a legal or similarly significant effect on— the real-time or ex post facto collection of biometric data of natural persons by biometric identification systems without their consent; the direct management and operation of critical infrastructure (as defined in section 1016(e) of the USA PATRIOT Act ( 42 U.S.C. 5195c(e) )) and space-based infrastructure; or criminal justice (as defined in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 )); and in a manner that poses a significant risk to rights afforded under the Constitution of the United States or safety.
The term deployer — means an entity that uses or operates an artificial intelligence system for internal use or for use by third parties; and does not include an entity that is solely an end user of a system. The term developer means an entity that— designs, codes, produces, or owns an artificial intelligence system for internal use or for use by a third party as a baseline model; and does not act as a deployer of the artificial intelligence system described in subparagraph (A).
The term generative artificial intelligence system means an artificial intelligence system that generates novel data or content in a written, audio, or visual format. The term high-impact artificial intelligence system means an artificial intelligence system— deployed for a purpose other than solely for use by the Department of Defense or an intelligence agency (as defined in section 3094(e) of the National Security Act of 1947 ( 50 U.S.C. 3094(3) )); and that is specifically developed with the intended purpose of making decisions that have a legal or similarly significant effect on the access of an individual to housing, employment, credit, education, healthcare, or insurance in a manner that poses a significant risk to rights afforded under the Constitution of the United States or safety.
The term NIST recommendation means a sector-specific recommendation developed under section 22B(b)(1) of the National Institute of Standards and Technology Act, as added by section 204 of this Act. The term Secretary means the Secretary of Commerce. The term significant risk means a combination of severe, high-intensity, high-probability, and long-duration risk of harm to individuals. The term TEVV means the testing, evaluation, validation, and verification of any artificial intelligence system that includes— open, transparent, testable, and verifiable specifications that characterize realistic operational performance, such as precision and accuracy for relevant tasks; testing methodologies and metrics that enable the evaluation of system trustworthiness, including robustness and resilience; data quality standards for training and testing datasets; requirements for system validation and integration into production environments, automated testing, and compliance with existing legal and regulatory specifications; methods and tools for— the monitoring of system behavior; the tracking of incidents or errors reported and their management; and the detection of emergent properties and related impacts; and and processes for redress and response.
The term Under Secretary means the Director of the National Institute of Standards and Technology.
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