AI Summit_Sept. 13 2024

Congressional Research Service

The Algorithmic Accountability Act of 2023 (S. 2892 and H.R. 5628; identical bills) were introduced on September 21, 2024 and September 22, 2024, respectively. The bills would direct the FTC, in consultation with other federal agencies and relevant stakeholders, to require impact assessments of automated decision systems (ADS, including, but not limited to AI) and augmented critical decision processes (ACDP) 5 from certain covered commercial entities. The bill would require these entities to report such impact assessments to the FTC, and covered entities would be required to attempt to eliminate or mitigate any negative impacts on a FRQVXPHU¶V life from an ACDP. The bill would also require the FTC to develop a publicly accessible repository to publish a limited subset of information about each ADS or ACDP for which the agency received a report. Additionally, the bill would require the FTC to provide guidance and technical assistance to covered entities, and to establish within the agency a Bureau of Technology to aid and advise the FTC with respect to enforcement of the act. The Advisory for AI-Generated Content Act (S. 2765) was introduced on September 12, 2023. The bill would direct the FTC to issue regulations to establish standards for watermarks for covered AI-generated material, and require an AI-generating entity to include a watermark for any covered AI-generated material. The AI Labeling Act of 2023 (S. 2691 and H.R. 6466, identical bills) were introduced on July 27, 2023, and November 21, 2023, respectively. The bill would require generative AI systems that ² using any means or facility of interstate or foreign commerce ² produces image, video, audio, multimedia, or text content, to include a clear and conspicuous disclosure that identifies the content as AI-generated and that is, to the extent feasible, permanent or unable to be easily removed by subsequent users. The bill would also require developers and third-party licensees of generative $, V\VWHPV WR ³LPSOHPHQW UHDVRQDEOH procedures to prevent downstream use of such V\VWHP ´ as specified. These provisions would be enforced by the FTC. Additionally, the bill would require NIST to establish a working group to assist platforms in identifying AI-generated content (the ³$, -Generated Content Consumer Transparency Working *URXS´ The AI Leadership To Enable Accountable Deployment Act , or AI LEAD Act (S. 2293), was introduced on July 13, 2023. The bill would direct the OMB Director to establish a Chief Artificial Intelligence Officers Council to promote interagency coordination of federal AI activities and practices and to assist OMB with the management of risks relating to developing, obtaining, or using AI. The bill would also direct the head of each federal agency to hire or designate a Chief Artificial Intelligence Officer (CAIO) and ensure the responsible research, development, acquisition, application, governance, and use of AI by the agency, consistent with democratic values. Additionally, the bill would require OMB to issue guidance to federal agencies to establish within each agency an AI Governance Board to coordinate and govern AI issues of the agency, and require each agency to establish an AI strategy for ³WKH trustworthy adoption of [AI] by the DJHQF\ ´ A substantively similar bill (the AI LEAD Act , H.R. 8756), introduced on June 14, 2024, would also establish a CAIO Council, CAIOs at each agency, as well as agency AI Coordination Boards. The National AI Commission Act (H.R. 4223) was introduced on June 20, 2023. The bill would establish in the legislative branch an independent National AI Commission, composed of 20 commissioners, with 10 from each major party. The President would appoint eight commissioners, and the senior leadership from both parties in the House of Representatives and Senate would appoint three each. Commissioners would be required to have background in at least one of the following areas: computer science or a technical background in AI; civil society, including relating to the Constitution, civil liberties, ethics, and the creative community; industry and workforce; and government, including

5 As defined in the bill, the term ³DXJPHQWHG critical decision SURFHVVHV´ refers to systems, processes, or activities that use an DXWRPDWHG GHFLVLRQ V\VWHP WR PDNH GHFLVLRQV WKDW KDYH OHJDO PDWHULDO RU D VLPLODUO\ VLJQLILFDQW HIIHFW RQ D FRQVXPHU¶V OLIH relating to access to or the cost, terms, or availability of such things as education, employment, essential utilities, financial services, healthcare, housing, and legal services.

AI Roundtable Page 192