Sec. 2. Definitions
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In this Act: The term adverse incident means any incident or malfunction of artificial intelligence that directly or indirectly leads to— harm impacting rights or safety, as described in section 7(a)(2)(D); the death of an individual or damage to the health of an individual; material or irreversible disruption of the management and operation of critical infrastructure, as described in section 7(a)(2)(D)(i)(II)(cc); material damage to property or the environment; loss of a mission-critical system or equipment; failure of the mission of an agency; the denial of a benefit, payment, or other service to an individual or group of individuals who would have otherwise been eligible; the denial of an employment, contract, grant, or similar opportunity that would have otherwise been offered; or another consequence, as determined by the Director with public notice.
The term agency — has the meaning given that term in section 3502(1) of title 44, United States Code; and includes each of the independent regulatory agencies described in section 3502(5) of title 44, United States Code. The term artificial intelligence — has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ( 15 U.S.C. 9401 ); and includes the artificial systems and techniques described in paragraphs
(1)through
(5)of section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 4061 note prec.). The term biometric data means data resulting from specific technical processing relating to the unique physical, physiological, or behavioral characteristics of an individual, including facial images, dactyloscopic data, physical movement and gait, breath, voice, DNA, blood type, and expression of emotion, thought, or feeling. The term commercial technology — means a technology, process, or method, including research or development; and includes commercial products, commercial services, and other commercial items, as defined in the Federal Acquisition Regulation, including any addition or update thereto by the Federal Acquisition Regulatory Council. The term Council means the Chief Artificial Intelligence Officers Council established under section 5(a). The term deployer means an entity that operates or provides artificial intelligence, whether developed internally or by a third-party developer. The term developer means an entity that designs, codes, produces, or owns artificial intelligence. The term Director means the Director of the Office of Management and Budget. The term impact assessment means a structured process for considering the implications of a proposed artificial intelligence use case. The term operational design domain means a set of operating conditions for an automated system. The term procure or obtain means— to acquire through contract actions awarded pursuant to the Federal Acquisition Regulation, including through interagency agreements, multi-agency use, and purchase card transactions; to acquire through contracts and agreements awarded through other special procurement authorities, including through other transactions and commercial solutions opening authorities; or to obtain through other means, including through open source platforms or freeware. The term relevant congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives . The term risk means the combination of the probability of an occurrence of harm and the potential severity of that harm. The term use case means the ways and context in which artificial intelligence is operated to perform a specific function.
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