Federal · Senate Bill · 118th Congress, 2nd Session
S4769
S. 4769 — Validation and Evaluation for Trustworthy (VET) Artificial Intelligence Act

Status ● Failed Effective N/A Passage Likelihood N/A

How Is This Bill Enforced

Enforcement Authority
No enforcement mechanism. The bill directs NIST to develop voluntary guidelines and specifications and directs the Secretary of Commerce to establish an advisory committee and conduct a study. No penalties, no enforcement authority, and no private right of action are created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
No remedies, penalties, or damages provisions. The bill creates voluntary guidelines only.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Sec. 1
Short Title

This Act may be cited as the ''Validation and Evaluation for Trustworthy (VET) Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Act'' or the ''VET Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Act''.

Establishes the short title of the bill as the Validation and Evaluation for Trustworthy (VET) Artificial Intelligence Act or the VET Artificial Intelligence Act. Creates no compliance obligations.

Sec. 2
Purposes

(1)–(3) The purposes of this Act are— (1) to develop consensus-driven, evidence-based voluntary guidelines and specifications for internal and external assurances through the testing, evaluation, validation, and verification of artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), as appropriate based on the intended application, use-case, and risk profile of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2); (2) to use meaningful assurance to supplement methodologies used to build trust in artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), increase adoption of artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), and provide for accountability and governance of artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2); and (3) to further the goals of the Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Risk Management Framework, including any successor framework, published by the National Institute of Standards and Technology and the Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Safety Institute pursuant to section 22A(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1(c)).

States the bill's three purposes: developing consensus-driven voluntary guidelines for AI assurance; using assurance to build trust, increase adoption, and provide accountability; and furthering the goals of the NIST AI Risk Management Framework and the AI Safety Institute. This section is a legislative finding and creates no compliance obligations.

Sec. 3
Definitions

(1)–(9) In this Act: (1) ARTIFICIAL INTELLIGENCEArtificial intelligenceThe 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).Sec. 3(1).—The term ''artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1)'' has the meaning given the term in section 5002 of the National Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Initiative Act of 2020 (15 U.S.C. 9401). (2) ARTIFICIAL INTELLIGENCE SYSTEMArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2).—The term ''artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2)'' has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note). (3) DEPLOYERDeployerThe term "deployer" means an entity that operates an artificial intelligence system for internal use or for use by a third party.Sec. 3(3).—The term ''deployerDeployerThe term "deployer" means an entity that operates an artificial intelligence system for internal use or for use by a third party.Sec. 3(3)'' means an entity that operates an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) for internal use or for use by a third party. (4) DEVELOPERDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4).—The term ''developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4)''— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2). (5) DIRECTORDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5).—The term ''DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5)'' means the Director of the National Institute of Standards and Technology. (6) EXTERNAL ARTIFICIAL INTELLIGENCE ASSURANCEExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6).—The term ''external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6)'' means an independent and impartial evaluation of an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) conducted by a nonaffiliated third partyNonaffiliated third partyThe term "nonaffiliated third party" with respect to the evaluation of an artificial intelligence system, means a person who— (A) is not related by common ownership or affiliated by common corporate control with the developer or deployer of the artificial intelligence system; (B) can demonstrate financial independence from the developer or deployer of the artificial intelligence system; (C) does not employ any individual, who is also employed by the developer or deployer of the artificial intelligence system; and (D) is a qualified evaluator of artificial intelligence systems as determined by the voluntary guidelines and specifications recommended under section 4(b)(6), with— (i) demonstrated expertise in relevant technical domains, including— (I) data privacy and security principles; and (II) risk management practices in artificial intelligence; and (ii) familiarity with the relevant details regarding the type of artificial intelligence system being evaluated.Sec. 3(8) in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2). (7) INTERNAL ARTIFICIAL INTELLIGENCE ASSURANCEInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7).—The term ''internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7)'' means an independent evaluation of an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2). (8) NONAFFILIATED THIRD PARTYNonaffiliated third partyThe term "nonaffiliated third party" with respect to the evaluation of an artificial intelligence system, means a person who— (A) is not related by common ownership or affiliated by common corporate control with the developer or deployer of the artificial intelligence system; (B) can demonstrate financial independence from the developer or deployer of the artificial intelligence system; (C) does not employ any individual, who is also employed by the developer or deployer of the artificial intelligence system; and (D) is a qualified evaluator of artificial intelligence systems as determined by the voluntary guidelines and specifications recommended under section 4(b)(6), with— (i) demonstrated expertise in relevant technical domains, including— (I) data privacy and security principles; and (II) risk management practices in artificial intelligence; and (ii) familiarity with the relevant details regarding the type of artificial intelligence system being evaluated.Sec. 3(8).—The term ''nonaffiliated third partyNonaffiliated third partyThe term "nonaffiliated third party" with respect to the evaluation of an artificial intelligence system, means a person who— (A) is not related by common ownership or affiliated by common corporate control with the developer or deployer of the artificial intelligence system; (B) can demonstrate financial independence from the developer or deployer of the artificial intelligence system; (C) does not employ any individual, who is also employed by the developer or deployer of the artificial intelligence system; and (D) is a qualified evaluator of artificial intelligence systems as determined by the voluntary guidelines and specifications recommended under section 4(b)(6), with— (i) demonstrated expertise in relevant technical domains, including— (I) data privacy and security principles; and (II) risk management practices in artificial intelligence; and (ii) familiarity with the relevant details regarding the type of artificial intelligence system being evaluated.Sec. 3(8)'' with respect to the evaluation of an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), means a person who— (A) is not related by common ownership or affiliated by common corporate control with the developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployer of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2); (B) can demonstrate financial independence from the developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployer of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2); (C) does not employ any individual, who is also employed by the developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployer of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2); and (D) is a qualified evaluator of artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) as determined by the voluntary guidelines and specifications recommended under section 4(b)(6), with— (i) demonstrated expertise in relevant technical domains, including— (I) data privacy and security principles; and (II) risk management practices in artificial intelligenceArtificial intelligenceThe 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).Sec. 3(1); and (ii) familiarity with the relevant details regarding the type of artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) being evaluated. (9) SECRETARYSecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9).—The term ''SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9)'' means the Secretary of Commerce.

Defines the key terms used throughout the bill, including artificial intelligence, artificial intelligence system, deployer, developer, external and internal artificial intelligence assurance, nonaffiliated third party, and Secretary. These definitions are purely definitional and create no compliance obligations on any private or public party.

Sec. 4
Voluntary Assurance Guidelines and Specifications for AI Systems
Government

(a) 1 Not later than 1 year after the date of the enactment of this Act, the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5), in collaboration with public and private sector organizations, including the National Science Foundation and the Department of Energy, shall develop and periodically update as the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) considers appropriate, a set of voluntary guidelines and specifications for internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6).

(b)(1)–(11) 1 The guidelines and specifications required by subsection (a) shall— (1) identify consensus-driven, voluntary standards for internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) that address— (A) safeguards for consumer privacy; (B) methods to assess and mitigate harms to individuals by artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2); (C) dataset quality; (D) documentation, disclosure, and provenance communications to external parties; and (E) governance and process controls; (2) provide guidelines, best practices, methodologies, procedures, and processes, as appropriate, for internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) that effectively address the elements listed in paragraph (1); (3) establish common definitions and characterizations for testing, evaluating, verifying, and validating methods for internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6); (4) recommend criteria or approaches for a developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployerDeployerThe term "deployer" means an entity that operates an artificial intelligence system for internal use or for use by a third party.Sec. 3(3) to determine the frequency and circumstances under which internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) activities should be conducted, accounting for the relevant risk and use-case profile of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), and any additional circumstance under which an assurance should be conducted; (5) recommend criteria or approaches for a developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployerDeployerThe term "deployer" means an entity that operates an artificial intelligence system for internal use or for use by a third party.Sec. 3(3) to determine the scope of internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) conducted through testing and evaluating, accounting for the relevant risk and use-case profile of the artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), including the minimum information or technical resources that should be provided to the party conducting the assurance to enable assurance activities; (6) recommend the appropriate qualifications, expertise, professional licensing, and accountability that a party conducting internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) or external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) should have with respect to— (A) the type of artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) under evaluation; and (B) the internal and external assurance processes; (7) provide guidance for the manner in which a developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployerDeployerThe term "deployer" means an entity that operates an artificial intelligence system for internal use or for use by a third party.Sec. 3(3) may disclose, as appropriate, the results of an internal or external assurance or carry out corrective actions with respect to an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) following the completion of an internal or external assurance of such system, and guidance on the manner in which a developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployerDeployerThe term "deployer" means an entity that operates an artificial intelligence system for internal use or for use by a third party.Sec. 3(3) may properly document any corrective action taken; (8) align with the voluntary consensus standards, including international standards, identified pursuant to paragraph (1) to the fullest extent possible; (9) incorporate the relevant voluntary consensus standards identified pursuant to paragraph (1) and industry best practices to the fullest extent possible; (10) not prescribe or otherwise require— (A) the use of any specific solution; or (B) the use of any specific information or any communications technology product or service; and (11) recommend methods to protect the confidentiality of sensitive information, including personal data and proprietary knowledge of an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), that may be obtained during the assurance process.

(c)(1)–(3) 2 STAKEHOLDER OUTREACH.—In developing the voluntary guidelines and specifications required by subsection (a), the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) shall— (1) solicit public comment on at least 1 draft of the guidelines and specifications, and provide a reasonable period of not less than 30 days for the submission of comments by interested stakeholders; (2) make each draft of the voluntary guidelines and specifications developed under subsection (a) available to the public on the website of the National Institute of Standards and Technology; and (3) convene workshops, roundtables, and other public forums, as the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) considers appropriate, to consult with relevant stakeholders in industry, academia, civil society, consumer advocacy, workforce development organizations, labor organizations, conformance assessment bodies, and any other sector the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) considers appropriate, on the development of the voluntary guidelines and specifications.

(d)(1)–(2) 3 PUBLICATION.—The DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) shall publish the voluntary guidelines and specifications required by subsection (a)— (1) as a standalone framework or document available to the public on the website of the National Institute of Standards and Technology; or (2) as a component of— (A) any successor of the Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Risk Management Framework developed and updated pursuant to section 22A(c) of the National Institute of Standards and Technology Act (15 U.S.C. 278h–1(c)); or (B) any guidance issued by the Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Safety Institute.

This is the bill's operative section. It directs the Director of NIST to develop, within one year of enactment and in collaboration with public and private sector organizations, voluntary guidelines and specifications for both internal and external AI assurance. The guidelines must cover consumer privacy safeguards, harm assessment and mitigation, dataset quality, documentation and provenance, and governance and process controls. The section further requires the guidelines to recommend assurance frequency, scope, evaluator qualifications, disclosure of results, alignment with international standards, and methods for protecting confidential information during the assurance process. NIST must solicit public comment, publish drafts, and convene stakeholder forums. The final guidelines must be published either as a standalone document or as a component of the NIST AI RMF or AI Safety Institute guidance.

Critically, all obligations in this section fall on NIST (the Director), not on private-sector developers or deployers. The guidelines produced are explicitly voluntary.

Compliance actions 3 items
1
The Director of NIST must develop, within one year of enactment and in collaboration with public and private sector organizations, voluntary guidelines and specifications for internal and external AI assurance covering consumer privacy, harm assessment, dataset quality, documentation and provenance, and governance controls.
2
The Director of NIST must solicit public comment on at least one draft, publish each draft on the NIST website, and convene stakeholder workshops and roundtables during the development of the voluntary guidelines.
3
The Director of NIST must publish the final voluntary guidelines and specifications either as a standalone document on the NIST website or as a component of the AI RMF or AI Safety Institute guidance.
Sec. 5
Qualifications Advisory Committee
Government

(a)–(b) 4 ADVISORY COMMITTEE.—Not later than 90 days after the date on which the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) publishes the voluntary guidelines and specifications required under section 4(a), the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) shall establish the Artificial IntelligenceArtificial intelligenceThe 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).Sec. 3(1) Assurance Qualifications Advisory Committee (referred to in this section as the ''Advisory Committee''). (b) MEMBERSHIP.—The SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) shall appoint to the Advisory Committee not more than 15 individuals with expertise relating to artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2), including at least 1 representative from each of the following: (1) Institutions of higher education. (2) Organizations developing artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2). (3) Organizations deploying artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2). (4) Organizations assessing artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2). (5) Consumers or consumer advocacy groups. (6) Public health organizations. (7) Public safety organizations. (8) Civil rights organizations. (9) Professional accreditation organizations. (10) Workforce development organizations. (11) Labor organizations.

(c)–(d) 5 DUTIES.—The Advisory Committee shall— (1) review and assess case studies from entities that provide licensure, certification, or accreditation to independent organizations with a primary mission of verifying compliance with applicable statutes, regulations, standards, or guidelines; and (2) determine the applicability of the case studies reviewed and assessed under paragraph (1) to the development, maintenance, and use of artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) for the purpose of developing recommendations under subsection (d). (d) RECOMMENDATIONS.—Not later than 1 year after the date on which the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) establishes the Advisory Committee under this section, the Advisory Committee shall submit to the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) and Congress and make publicly available a report that includes recommendations for the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) to consider regarding— (1) the qualifications, expertise, professional licensing, independence, and accountability that a party conducting an assurance of an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) should have, including with respect to the type of artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2) under evaluation and the internal and external assurance processes; and (2) whether accreditation for internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) can be met through a combination of existing licensure, certification, or accreditation programs.

(e) TERMINATION.—The Advisory Committee shall terminate not later than 1 year after the date on which the Advisory Committee submits the recommendations required under subsection (d).

Requires the Secretary of Commerce to establish the AI Assurance Qualifications Advisory Committee within 90 days of publication of the Section 4(a) guidelines. The committee has up to 15 members drawn from higher education, AI developers, deployers, assessors, consumer groups, public health and safety organizations, civil rights groups, professional accreditation organizations, workforce development organizations, and labor organizations. The committee must review accreditation and certification case studies from existing licensure bodies, assess their applicability to AI assurance, and within one year submit a public report to Congress and the Secretary recommending evaluator qualifications and whether existing accreditation programs can satisfy AI assurance needs. The committee terminates one year after submitting its report.

All obligations in this section fall on the Secretary of Commerce and the advisory committee itself — no private-sector compliance duties are created.

Compliance actions 2 items
4
The Secretary of Commerce must establish the AI Assurance Qualifications Advisory Committee within 90 days of publication of the Section 4(a) guidelines, appointing up to 15 members from specified stakeholder categories.
5
The Advisory Committee must review accreditation and certification case studies, assess their applicability to AI assurance, and within one year submit a public report to the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) and Congress recommending evaluator qualifications and whether existing accreditation programs can satisfy AI assurance needs.
Sec. 6
Study and Report on Entities That Conduct Assurances of AI Systems
Government

(a)–(b) 6 STUDY.—Not later than 90 days after the date on which the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) publishes the voluntary guidelines and specifications required under section 4(a), the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) shall commence a study to evaluate the capabilities of the sector of entities that conduct internal artificial intelligence assurancesInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assurancesExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6). (b) CONSIDERATIONS.—In carrying out the study required by subsection (a), the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) shall— (1) assess the capabilities of the sector of entities described in subsection (a) with respect to personnel, technical tools, evaluation methods, computing infrastructure, and physical infrastructure and whether such capabilities are adequate for providing internal artificial intelligence assurancesInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) or external artificial intelligence assurancesExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) that comport with the voluntary guidelines and specifications required under section 4(a); (2) review the features, best practices, and safeguards employed by such entities to maintain the integrity of confidential or proprietary information of a developerDeveloperThe term "developer"— (A) means an entity that builds, designs, codes, produces, trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely a deployer of the artificial intelligence system.Sec. 3(4) or deployerDeployerThe term "deployer" means an entity that operates an artificial intelligence system for internal use or for use by a third party.Sec. 3(3) during an internal artificial intelligence assuranceInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) or an external artificial intelligence assuranceExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6); (3) assess the market demand for internal artificial intelligence assurancesInternal artificial intelligence assuranceThe term "internal artificial intelligence assurance" means an independent evaluation of an artificial intelligence system conducted by the party being evaluated with an internal reporting structure that encourages impartial evaluations and prevents conflicts of interest, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(7) and external artificial intelligence assurancesExternal artificial intelligence assuranceThe term "external artificial intelligence assurance" means an independent and impartial evaluation of an artificial intelligence system conducted by a nonaffiliated third party in accordance with the voluntary assurance guidelines and specifications described in section 4 or consensus-driven voluntary standards, for the purpose of— (A) verifying claims with respect to the functionality and testing of the artificial intelligence system, including verifying whether it is fit for its intended purpose; or (B) identifying any significant error or inconsistency in the testing, risk management processes, or internal governance, any substantial vulnerability, or any negative societal impact of the artificial intelligence system.Sec. 3(6) and the availability of such assurers; and (4) assess the feasibility of leveraging an existing facility accredited by the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 3(5) under the National Voluntary Laboratory Accreditation Program established under section 285 of title 15, Code of Federal Regulations, to conduct external assurances of artificial intelligence systemsArtificial intelligence systemThe term "artificial intelligence system" has the meaning given such term in section 7223 of the Advancing American AI Act (40 U.S.C. 11301 note).Sec. 3(2).

(c) 7 REPORT.—Not later than 1 year after the date on which the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) commences the study required by subsection (a), the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) shall submit to the appropriate committees of Congress and the head of any Federal agency that the SecretarySecretaryThe term "Secretary" means the Secretary of Commerce.Sec. 3(9) considers relevant, a report that contains the results of the study required by subsection (a), including— (1) recommendations for improving the capabilities and the availability of the entities assessed in the study; (2) descriptions of the features, best practices, and safeguards of the entities studied and the effectiveness of such features, practices, or safeguards at implementing the voluntary guidelines and specifications required under section 4(a) and at maintaining the integrity of confidential and proprietary information, as described under subsection (b)(2); and (3) any conclusions drawn from the assessment of the facilities described in subsection (b)(4).

(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this section, the term the ''appropriate committees of Congress'' means— (1) the Committee of Commerce, Science, and Transportation of the Senate; and (2) the Committee on Science, Space, and Technology of the House of Representatives.

Directs the Secretary of Commerce to commence, within 90 days of publication of the Section 4(a) guidelines, a study evaluating the capabilities of the AI assurance sector — covering personnel, tools, evaluation methods, computing and physical infrastructure, confidentiality safeguards, market demand, and the feasibility of leveraging existing NIST-accredited laboratories. The Secretary must submit a report to Congress and relevant federal agencies within one year of commencing the study, including recommendations for improving assurance sector capacity and conclusions regarding existing accredited facilities.

As with the other sections, all obligations fall on the Secretary of Commerce. No private-sector compliance duties are created.

Compliance actions 2 items
6
The Secretary of Commerce must commence, within 90 days of publication of the Section 4(a) guidelines, a study evaluating the AI assurance sector's capabilities with respect to personnel, tools, methods, infrastructure, confidentiality safeguards, market demand, and feasibility of leveraging existing NIST-accredited laboratories.
7
The Secretary of Commerce must submit a report to the appropriate committees of Congress and relevant federal agencies within one year of commencing the study, including recommendations for improving assurance sector capabilities, descriptions of confidentiality safeguards, and conclusions on leveraging existing accredited facilities.

Passage Likelihood

Failed
Status Failed
Final action Placed on Senate Legislative Calendar under General Orders. Calendar No. 727.

Legislative History

2024-07-24 Read twice and referred to the Committee on Commerce, Science, and Transportation.
2024-07-31 Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
2024-12-18 Committee on Commerce, Science, and Transportation. Reported by Senator Cantwell with amendments. Without written report.
2024-12-18 Placed on Senate Legislative Calendar under General Orders. Calendar No. 727.

Entry Last Reviewed

2026-05-16
AI generated