Sec. 204. Recommendations to Federal agencies for risk management of high-impact artificial intelligence systems
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The National Institute of Standards and Technology Act ( 15 U.S.C. 278h–1 ) is amended by inserting after section 22A the following: In this section, the term high-impact artificial intelligence system means an artificial intelligence system— deployed for purposes other than those solely for use by the Department of Defense or an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 )); 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, health care, or insurance in a manner that poses a significant risk to rights afforded under the Constitution of the United States or to safety.
Not later than 1 year after the date of the enactment of the Artificial Intelligence Research, Innovation, and Accountability Act of 2023 , the Director shall— develop sector-specific recommendations for individual Federal agencies to conduct oversight of the non-Federal, and, as appropriate, Federal use of high-impact artificial intelligence systems to improve the safe and responsible use of such systems; and not less frequently than biennially, update the sector-specific recommendations to account for changes in technological capabilities or artificial intelligence use cases.
In developing recommendations under subsection (b), the Director shall use the voluntary risk management framework required by section 22A(c) to identify and provide recommendations to a Federal agency— to establish regulations, standards, guidelines, best practices, methodologies, procedures, or processes to facilitate oversight of non-Federal use of high-impact artificial intelligence systems; and to mitigate risks from such high-impact artificial intelligence systems. In developing recommendations under subsection (b), the Director may include the following:
Key design choices made during high-impact artificial intelligence model development, including rationale and assumptions made. Intended use and users, other possible use cases, including any anticipated undesirable or potentially harmful use cases, and what good faith efforts model developers can take to mitigate the use of the system in harmful ways. Methods for evaluating the safety of high-impact artificial intelligence systems and approaches for responsible use. Sector-specific differences in what constitutes acceptable high-impact artificial intelligence model functionality and trustworthiness, metrics used to determine high-impact artificial intelligence model performance, and any test results reflecting application of these metrics to evaluate high-impact artificial intelligence model performance across different sectors.
Recommendations to support iterative development of subsequent recommendations under subsection (b). In developing recommendations under subsection (b), the Director shall, as the Director considers applicable and practicable, consult with relevant covered agencies and stakeholders representing perspectives from civil society, academia, technologists, engineers, and creators. .
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Sec. 204
Recommendations to Federal agencies for risk management of high-impact artificial intelligence systems
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