Sec. 203. Transparency reports for high-impact artificial intelligence systems
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Each deployer of a high-impact artificial intelligence system shall— before deploying the high-impact artificial intelligence system, and annually thereafter, submit to the Secretary a report describing the design and safety plans for the artificial intelligence system; and submit to the Secretary an updated report on the high-impact artificial intelligence system if the deployer makes a material change to— the purpose for which the high-impact artificial intelligence system is used; or the type of data the high-impact artificial intelligence system processes or uses for training purposes. Each transparency report submitted under paragraph
(1)shall include, with respect to the high-impact artificial intelligence system— the purpose; the intended use cases; deployment context; benefits; a description of data that the high-impact artificial intelligence system, once deployed, processes as inputs; if available— a list of data categories and formats the deployer used to retrain or continue training the high-impact artificial intelligence system; metrics for evaluating the high-impact artificial intelligence system performance and known limitations; and transparency measures, including information identifying to individuals when a high-impact artificial intelligence system is in use; processes and testing performed before each deployment to ensure the high-impact artificial intelligence system is safe, reliable, and effective; if applicable, an identification of any third-party artificial intelligence systems or datasets the deployer relies on to train or operate the high-impact artificial intelligence system; and post-deployment monitoring and user safeguards, including a description of the oversight process in place to address issues as issues arise. The developer of a high-impact artificial intelligence system shall be subject to the same obligations as a developer of a critical impact artificial intelligence system under section 206(c). In carrying out subsections
(a)and (b), a deployer or developer of a high-impact artificial intelligence system shall consider the best practices outlined in the most recent version of the risk management framework developed pursuant to section 22A(c) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278h–1(c) ). Upon learning that a deployer of a high-impact artificial intelligence system is not in compliance with the requirements under this section with respect to a high-impact artificial intelligence system, the Secretary— shall immediately— notify the deployer of the finding; and order the deployer to immediately submit to the Secretary the report required under subsection (a)(1); and if the deployer fails to submit the report by the date that is 15 days after the date of the notification under paragraph (1)(A), may take enforcement action under section 208. Pursuant to the deconfliction of duplicative requirements under paragraph (2), the Secretary shall ensure that the requirements under this section are not unnecessarily burdensome or duplicative of requirements made or oversight conducted by a covered agency regarding the non-Federal use of high-impact artificial intelligence systems. Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary, in coordination with the head of any relevant covered agency, shall complete the deconfliction of duplicative requirements relating to the submission of a transparency report for a high-impact artificial intelligence system under this section. Nothing in this section shall be construed to require a deployer of a high-impact artificial intelligence system to disclose any information, including data or algorithms— relating to a trade secret or other protected intellectual property right; that is confidential business information; or that is privileged.
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- 15 USC 278h–1(c)
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Sec. 203
Transparency reports for high-impact artificial intelligence systems
Cite15 USC 278h–1(c)
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