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Senate bill calls for NIST to make third party AI audit standards

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A recently introduced Senate bill would, if passed, direct the National Institute of Standards and Technology (NIST) to develop standards for third-party audits of AI.

The bill — sponsored by Sen. John Hickenlooper, D-Colorado, and Shelley Moore Capito, R-West Virginia — specifically would require the Director of the NIST to develop voluntary guidelines and specifications for internal and external assurances of artificial intelligence systems, and for other purposes. These specifications would require considerations for data privacy protections, mitigations against potential harms to individuals from an AI system, dataset quality, and governance and communications processes of a developer or deployer throughout the AI systems’ development lifecycles.

It would also establish a collaborative Advisory Committee to review and recommend criteria for individuals or organizations seeking to obtain certification of their ability to conduct internal or external assurance for AI systems, and require NIST to conduct a study examining various aspects of the ecosystem of AI assurance, including the current capabilities and methodologies used, facilities or resources needed, and overall market demand for internal and external AI assurance.

“AI is moving faster than any of us thought it would two years ago,” said Sen. Hickenlooper, who serves as the chair of the Senate Subcommittee on Consumer Protection, Product Safety and Data Security. “But we have to move just as fast to get sensible guardrails in place to develop AI responsibly before it’s too late. Otherwise, AI could bring more harm than good to our lives.”

The bill defines AI along the lines of the National Artificial Intelligence Initiative Act of 2020, which said AI means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments, using machine and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action.

This represents but the latest in a series of actions to encourage regulation and oversight of artificial intelligence, not least of which was the executive order from the White House at the beginning of this year. Others include the Algorithmic Accountability Act of 2023, the Federal Artificial Intelligence Risk Management Act of 2023, the Artificial Intelligence Environmental Impacts Act of 2024 and the No Robot Bosses Act. Across the ocean, the EU has also been very interested in AI regulation, as evidenced in its EU Artificial Intelligence Act.

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Acting IRS commissioner reportedly replaced

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Gary Shapley, who was named only days ago as the acting commissioner of the Internal Revenue Service, is reportedly being replaced by Deputy Treasury Secretary Michael Faulkender amid a power struggle between Treasury Secretary Scott Bessent and Elon Musk.

The New York Times reported that Bessent was outraged that Shapley was named to head the IRS without his knowledge or approval and complained to President Trump about it. Shapley was installed as acting commissioner on Tuesday, only to be ousted on Friday. He first gained prominence as an IRS Criminal Investigation special agent and whistleblower who testified in 2023 before the House Oversight Committee that then-President Joe Biden’s son Hunter received preferential treatment during a tax-evasion investigation, and he and another special agent had been removed from the investigation after complaining to their supervisors in 2022. He was promoted last month to senior advisor to Bessent and made deputy chief of IRS Criminal Investigation. Shapley is expected to remain now as a senior official at IRS Criminal Investigation, according to the Wall Street Journal. The IRS and the Treasury Department press offices did not immediately respond to requests for comment.

Faulkender was confirmed last month as deputy secretary at the Treasury Department and formerly worked during the first Trump administration at the Treasury on the Paycheck Protection Program before leaving to teach finance at the University of Maryland.

Faulkender will be the fifth head of the IRS this year. Former IRS commissioner Danny Werfel departed in January, on Inauguration Day, after Trump announced in December he planned to name former Congressman Billy Long, R-Missouri, as the next IRS commissioner, even though Werfel’s term wasn’t scheduled to end until November 2027. The Senate has not yet scheduled a confirmation hearing for Long, amid questions from Senate Democrats about his work promoting the Employee Retention Credit and so-called “tribal tax credits.” The job of acting commissioner has since been filled by Douglas O’Donnell, who was deputy commissioner under Werfel. However, O’Donnell abruptly retired as the IRS came under pressure to lay off thousands of employees and share access to confidential taxpayer data. He was replaced by IRS chief operating officer Melanie Krause, who resigned last week after coming under similar pressure to provide taxpayer data to immigration authorities and employees of the Musk-led U.S. DOGE Service. 

Krause had planned to depart later this month under the deferred resignation program at the IRS, under which approximately 22,000 IRS employees have accepted the voluntary buyout offers. But Musk reportedly pushed to have Shapley installed on Tuesday, according to the Times, and he remained working in the commissioner’s office as recently as Friday morning. Meanwhile, plans are underway for further reductions in the IRS workforce of up to 40%, according to the Federal News Network, taking the IRS from approximately 102,000 employees at the beginning of the year to around 60,000 to 70,000 employees.

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Accounting

On the move: EY names San Antonio office MP

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Carr, Riggs & Ingram appoints CFO and chief legal officer; TSCPA hosts accounting bootcamp; and more news from across the profession.

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Accounting

Tech news: Certinia announces spring release

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Certinia announces spring release; Intuit acquires tech and experts from fintech Deserve; Paystand launches feature to navigate tariffs; and other accounting tech news and updates.

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