Antitrust Law Daily Wrap Up, CONSUMER PROTECTION NEWS: House bill would erect guardrails around agencies’ use of AI, (Mar 7, 2024)

By Tom Leithauser,TR Daily

Under the measure, the OMB would prepare guidance requiring federal agencies to publicly disclose the use of AI in decision making and provide a process for challenging automated decisions.

Legislation that would establish a framework for safe and responsible use of artificial intelligence tools by federal agencies has been introduced by Rep. James Comer (R., Ky.), chairman of the House Oversight and Accountability Committee, the committee announced. The Federal AI Governance and Transparency Act (HR 7532) would direct the White House Office of Management and Budget (OMB) to issue guidance to executive branch agencies on the “protection of training data, algorithms, and other components of any Federal artificial intelligence system against misuse, unauthorized alteration, degradation, or being rendered inoperable,” according to the bill’s text.

The OMB guidance would require agencies to publicly disclose the use of AI in decision making and provide a process for individuals to challenge automated decisions and request human review, the bill says.

The bill “centrally codifies federal governance of agency AI systems, establishes new mechanisms for transparency and accountability, and consolidates and streamlines other existing AI laws,” the committee said in a news release.

“Agencies have already begun to use artificial intelligence to improve oversight, save taxpayer dollars, and increase government efficiency. The bipartisan Federal AI Governance and Transparency Act ensures that the federal government’s use of AI will improve government operations while protecting privacy, civil rights and civil liberties, and upholding American values,” Rep. Comer said.

The bill’s co-sponsors include the committee’s ranking member, Rep. Jamie Raskin (D., Md.), and Reps. Nancy Mace (R., S.C.), Alexandria Ocasio-Cortez (D., N.Y.), Clay Higgins (R., La.), Gerry Connolly (D., Va.), Nick Langworthy (R., N.Y.), and Ro Khanna (D., Calif.).

“Like the telephone, the computer, and the Internet, artificial intelligence is a revolutionary new technology that will remake our society, our commerce, our government and our lives,” Rep. Raskin said.

“In Congress we must act to make sure that AI works to improve public functions but does not undermine our constitutional rights, liberties and values. We’re introducing the bipartisan Federal AI Governance and Transparency Act to ensure that any federal AI use promotes the fair, just, and impartial treatment of all. It would also create an oversight framework that will help Congress effectively meet the challenges of this powerful new technology over time,” Rep. Raskin added.

The committee plans to mark up the bill March 7. The markup will be livestreamed on the committee’s website.

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