AI Legislation

The bill would prohibit employers from using automated decision systems to predict the behavior of anyone who is employed by, or otherwise performing work for remuneration for, the employer, if said behavior is unrelated to the work of the individual for the employer.

The bill would direct the Armed Forces to implement programs towards "the development and management of career field occupational codes aligned with the work roles related to computer programming, artificial intelligence and machine learning competency, and software engineering..."

The bill would establish an "AI Task Force" composed of regulators from a variety of federal agencies. The AI Task Force would be tasked with reviewing existing regulatory gaps with regard to AI, and recommending "legislative and regulatory reforms to ensure that uses of artificial intelligence and associated data in Federal Government operations comport with freedom of expression, equal protection, privacy, civil liberties, civil rights, and due process."

The bill would prohibit the use of Federal funds to launch a nuclear weapon using an autonomous weapons system that is not subject to meaningful human control. By "meaningful human control," the bill specifically refers to human control of (1) the selection and engagement of targets, and (2) the time, location, and manner of use.

The bill would require the Director of the Office of Personnel Management to establish, or otherwise ensure the provision of, a training program on AI for Federal management officials and supervisors. Topics to be covered in these training sessions include: how AI works, the benefits and risks of AI, the need for continuous refinement of AI, and the ways to mitigate AI risk.

The bill would amend the Federal Election Campaign Act of 1971 to mandate that content generated by artificial intelligence (generative AI) in political advertisements include a disclaimer within the contents of the advertisements if generative AI was used to generate any image or video footage in the advertisements.

The bill would require the Federal Communications Commission, in consultation with the Federal Trade Commission, to issue rules prohibiting entities from offering minor consumers AI features in the products of those entities without parental consent.

The bill would establish a new federal agency, the "Federal Digital Platform Commission," to regulate the activity of digital platforms. Among the responsibilities of this new agency would be ensuring that "the algorithmic processes of digital platforms are fair, transparent, and safe." The bill would mandate that the Commission promulgate rules relating to, among other matters, "recommendation systems and other algorithmic processes of systemically important digital platforms to ensure that the algorithmic processes are fair, transparent, and without harmful, abusive, anticompetitive, or deceptive bias." Finally, under the terms of this bill the Commission would establish a "Code Council" that would create "voluntary or enforceable behavioral codes, technical standards, or other policies for digital platforms" relating to transparency and accountability for algorithmic processes, among other matters.

The bill would direct the Director of the Office of Management and Budget to issue guidance requiring "agencies to provide disclosure and opportunity for appeal" when using "an automated system to determine or substantially influence the outcomes of critical decisions," such as those that meaningfully impact access to education, employment, housing, essential utilities, and more.

The bill would amend Section 230 of the Communications Act of 1934 to exclude entities from Section 230 immunity if the claim or charge brought against the entity "involves the use or provision of generative artificial intelligence…"

The bill would establish a "Countering AI-Enabled Disinformation Task Force" to develop a unified international approach regarding potential responses to "the growing threat of AI-enabled disinformation and its use by foreign state actors to augment influence operations and disinformation campaigns." The bill would also establish the position of "Chief Artificial Intelligence Officer" within the State Department whose primary responsibilities would be to oversee the adoption of AI applications in the State Department and advise the Secretary of State "on the ethical use of AI and advanced analytics in conducting data-informed diplomacy."

The bill would direct the Director of National Intelligence (DNI) to establish a "lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community" and put in place guidelines for the performance of models utilized by the intelligence community. Under this bill, the DNI would also "establish a strategy by which vendors and commercial users of artificial intelligence systems, as well as independent researchers and other third parties, may effectively notify" the government of information security, biosecurity, and foreign and malign influence risks posed by AI systems.

The bill would establish: a prize competition on technology for the detection and watermarking of generative AI content, a periodic review of the DoD's Defense Artificial Intelligence Strategy, a review of current DoD investments into AI technology, an assessment of the Navy's use of AI for shipyard optimization, a comprehensive strategy for talent development of the DoD computer programming workforce, a "Chief Digital and Artificial Intelligence Officer Governing Council" tasked with managing DoD AI activities, a report on AI regulation in the financial services industry, an AI bug bounty program, a vulnerability analysis study regarding AI-enabled military applications, and the role of "Chief Artificial Intelligence Officer" of the State Department.

The bill would establish certain requirements for online platforms utilizing algorithms for the purpose of content amplification, recommendation, or promotion. These include: transparency and record-keeping requirements regarding the data collection and processing practices underlying these algorithms, disclosure "in conspicuous, accessible, and plain language that is not misleading a complete description of the online platform's content moderation practices," and the publishing of annual transparency reports regarding content moderation practices. Online platforms would be prohibited from employing "an algorithmic process in a manner that is not safe and effective," or utilizing an algorithmic process to discriminate against a user. The bill would also establish an "Interagency Task Force on Algorithmic Processes on Online Platforms" that would "conduct a study on the discriminatory use of personal information by online platforms in algorithmic processes." This bill would be enforceable by the Federal Trade Commission, State Attorneys General, the Department of Justice, or a private right of action.

The bill would direct the head of each agency to "hire or designate a Chief Artificial Intelligence Officer," responsible for promoting AI innovation and adoption and overseeing AI policy, among other duties. The bill would also direct the Director of the Office of Management and Budget to establish a "Chief Artificial Intelligence Officers Council" composed of the Chief Artificial Intelligence Officer of each agency and tasked with promoting "coordination regarding agency practices relating to the design, acquisition, development, modernization, use, operation, sharing, risk management, and performance of artificial intelligence technologies." Finally, the bill would require each agency to establish an "Artificial Intelligence Governance Board" to oversee the agency's deployment of AI. Two years after the enactment of the bill, the Comptroller General would be directed to submit a report to the relevant congressional committees regarding the effectiveness of the bodies and positions established by this bill.

The bill would direct the Secretary of Health and Human Services to develop a strategy for "public health preparedness and response to address the risks of misuse of artificial intelligence that present a threat to national health security" and strategies to mitigate these risks.

The bill would direct the Secretary of Health and Human Services "to conduct a study assessing the potential vulnerabilities to health security presented by the current or prospective use or misuse of artificial intelligence" and provide recommendations for responses to such threats.

The bill would require the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services to conduct risk assessments and implement strategic initiatives or activities to address threats to public health and national security due to technical advancements in artificial intelligence or other emerging technology fields.

The bill would prohibit employers from exclusively relying on automated decision systems when making employment-related decisions regarding anyone "who is employed by, or otherwise performing work for remuneration for, the employer". Employers would also be prohibited from using an output produced by an automated decision system to make such employment-related decisions unless the system has had "pre-deployment testing and validation" with respect to the system's efficacy, compliance with applicable employment discrimination laws, potential discriminatory impact, and compliance with the Artificial Intelligence Risk Management Framework released by the National Institute of Standards and Technology. When such systems make employment related decisions, the employer must provide "full, accessible, and meaningful documentation in plain language to such covered individual...on the automated decision system output" within seven days. Such automated systems must be annually tested for discriminatory impact. Within the Department of Labor, the bill would establish a "Technology and Worker Protection Division" within the Department of Labor tasked with enforcing and prescribing regulations pursuant to the act. State attorneys general or State privacy regulators would be able to bring civil actions under this act.

The bill would establish the "White House Task Force on Workplace Surveillance and Technologies" staffed by representatives from across the federal bureaucracy. This group would be tasked with studying and evaluating the use of workplace surveillance by employers, including: the prevalence of workplace surveillance across industries, the means by which employers are conducting workplace surveillance, and the use of automated systems to make determinations about worker compensation, responsibility, advancement, and other key matters. This group would report its findings to relevant congressional committees through a series of reports.