[House Report 118-244]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-244
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ARTIFICIAL INTELLIGENCE ACCOUNTABILITY ACT
_______
October 25, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mrs. Rodgers of Washington, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 3369]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3369) to direct the Assistant Secretary of
Commerce for Communications and Information to conduct a study
and hold public meetings with respect to artificial
intelligence systems, and for other purposes, having considered
the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Committee Action................................................. 4
Committee Votes.................................................. 4
Oversight Findings and Recommendations........................... 6
New Budget Authority, Entitlement Authority, and Tax Expenditures 6
Congressional Budget Office Estimate............................. 6
Federal Mandates Statement....................................... 6
Statement of General Performance Goals and Objectives............ 6
Duplication of Federal Programs.................................. 6
Related Committee and Subcommittee Hearings...................... 6
Committee Cost Estimate.......................................... 6
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 7
Section-by-Section Analysis of the Legislation................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Artificial Intelligence Accountability
Act'' or the ``AI Accountability Act''.
SEC. 2. STUDY ON ACCOUNTABILITY MEASURES FOR ARTIFICIAL INTELLIGENCE
SYSTEMS.
(a) Study.--The Assistant Secretary of Commerce for Communications
and Information shall conduct a study on accountability measures for
artificial intelligence systems, which shall include an analysis of the
following:
(1) How accountability measures are being incorporated into
artificial intelligence systems used by communications networks
(including telecommunications networks and social media
platforms) and electromagnetic spectrum sharing applications.
(2) How accountability measures for artificial intelligence
systems can facilitate the closing of the digital divide and
assist the promotion of digital inclusion in the United States.
(3) How accountability measures may reduce risks related to
artificial intelligence systems, including cybersecurity risks.
(4) How the term ``trustworthy'' is used and defined in the
context of artificial intelligence, including how the term may
be applied in various contexts related to artificial
intelligence.
(5) The relationship, with respect to artificial
intelligence, between the term ``trustworthy'' and other terms
such as ``responsible'' and ``human-centric''.
(b) Stakeholder Consultation.--In carrying out the study required by
subsection (a), the Assistant Secretary shall hold public meetings to
consult with relevant stakeholders for the purpose of soliciting
feedback on accountability measures for artificial intelligence
systems.
(c) Report.--Not later than 18 months after the date of the enactment
of this Act, the Assistant Secretary shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
results of the study required by subsection (a) that shall include--
(1) the results of the analysis required by subsection (a);
(2) a description of the feedback provided during the
meetings required by subsection (b); and
(3) recommendations for governmental and nongovernmental
actions to support effective accountability measures for
artificial intelligence systems.
(d) Accountability Measure Defined.--In this section, the term
``accountability measure'' means a mechanism, including an audit, an
assessment, or a certification, designed to provide assurance that a
system is trustworthy.
SEC. 3. AVAILABILITY OF INFORMATION ON ARTIFICIAL INTELLIGENCE SYSTEMS.
(a) Meetings.--The Assistant Secretary of Commerce for Communications
and Information shall hold public meetings to consult with relevant
stakeholders (including representatives of industry, academia, and
consumers) for the purpose of soliciting feedback on--
(1) the information that should be available to individuals,
communities, and businesses that interact with, are affected
by, or study artificial intelligence systems; and
(2) the most effective methods for making such information
available to such individuals, communities, and businesses.
(b) Report.--Not later than 18 months after the date of the enactment
of this Act, the Assistant Secretary shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report on the
results of the meetings required by subsection (a) that shall include--
(1) a description of the feedback provided during the
meetings; and
(2) recommendations with respect to--
(A) the information that should be available to
individuals, communities, and businesses that interact
with, are affected by, or study artificial intelligence
systems; and
(B) the methods to be used for making such
information available to such individuals, communities,
and businesses.
PURPOSE AND SUMMARY
H.R. 3369, the ``Artificial Intelligence Accountability
Act'' or ``AI Accountability Act'' directs the Assistant
Secretary of Commerce for Communications and Information
(Assistant Secretary) to conduct a study on accountability
measures for artificial intelligence (AI) systems, including
holding public meetings with relevant stakeholders for
soliciting feedback, and then provide a report on such matters
to the House Committee on Energy and Commerce and the Senate
Committee on Commerce, Science, and Transportation not later
than 18 months after the bill's enactment. Among other things,
the report must contain recommendations for governmental and
nongovernmental actions to support effective accountability
measures for AI systems. Additionally, the AI Accountability
Act requires the Assistant Secretary to hold public meetings
with relevant stakeholders, including representatives of
industry, academia, and consumers, to solicit feedback on the
information that should be available to individuals,
communities, and businesses that interact with, are affected
by, or study AI systems, and the most effective methods for
making such information available to such individuals,
communities, and businesses. Not later than 18 months after the
AI Accountability Act's enactment, the Assistant Secretary must
provide a report to the House Committee on Energy and Commerce
and the Senate Committee on Commerce, Science, and
Transportation detailing a description of the feedback and
recommendations with respect to the information that should be
available to individuals, communities, and businesses that
interact with, are affected by, or study AI systems and the
methods of making such information available to the relevant
parties.
BACKGROUND AND NEED FOR LEGISLATION
Artificial Intelligence systems are increasingly shaping
the daily lives of Americans. From wearable fitness trackers to
chatbots to online product recommendations, AI systems are
helping drive significant routine consumer experiences for
Americans. Yet too many Americans are still unaware of the
multitude of ways AI systems are being incorporated into their
daily lives and remain cautious about the impact of these
systems on American life.\1\ And with the advancements in
generative AI systems, there is a recognition among experts
that AI will continue to transform many aspects of daily life,
both possibly to the benefit and detriment of American
society.\2\
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\1\Public Awareness of Artificial Intelligence in Everyday
Activities, Pew Research Center (Feb. 15, 2023).
\2\As AI Spreads, Experts Predict the Best and Worst Changes in
Digital Life by 2035, Pew Research Center (June 21, 2023).
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Given this, it is imperative that Congress evaluate whether
AI systems are safe, responsible, trustworthy, and otherwise
accountable to the American public. While AI systems offer
enormous potential, tools must be established to ensure they
are designed with consumers in mind and there must be
accountability when they are not. Accordingly, H.R. 3369
requires the Assistant Secretary of Commerce for Communications
and Information (Assistant Secretary) to conduct a study on
accountability measures for AI systems, including how the term
``trustworthy'' is used in the AI context, as well as to study
the information that should be available to individuals,
communities, and businesses that are interacting with, are
affected by, or study AI systems. The Assistant Secretary must
report its findings on both studies to Congress.
COMMITTEE ACTION
On May 23, 2023, the Subcommittee on Communications and
Technology held a hearing on H.R. 3369. The title of the
hearing was ``Oversight and Reauthorization of the National
Telecommunications and Information Administration.'' The
Subcommittee received testimony on H.R. 3369 from:
The Honorable Alan Davidson, Assistant
Secretary of Commerce for Communications and
Information and Administrator, National
Telecommunications and Information Administration.
On July 12, 2023, the Subcommittee on Communications and
Technology met in open markup session and forwarded H.R. 3369,
as amended, to the full Committee by a voice vote. On July 27,
2023, the full Committee on Energy and Commerce met in open
markup session and ordered H.R. 3369, as amended, favorably
reported to the House by a record vote of 50 yeas and 0 nays.
COMMITTEE VOTES
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
OVERSIGHT FINDINGS AND RECOMMENDATIONS
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held a hearing and made findings that
are reflected in this report.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 3369 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
CONGRESSIONAL BUDGET OFFICE ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to study
accountability measures for and the availability of information
on AI systems.
DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 3369 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
RELATED COMMITTEE AND SUBCOMMITTEE HEARINGS
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearing was used to develop or consider H.R. 3369:
On May 23, 2023, the Subcommittee on
Communications and Technology held a hearing on H.R.
3369. The hearing title was ``Oversight and
Reauthorization of the National Telecommunications and
Information Administration.'' The Subcommittee received
testimony on H.R. 3369 from:
The Honorable Alan Davidson,
Assistant Secretary of Commerce for
Communications and Information and
Administrator, National Telecommunications and
Information Administration.
COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 3369 contains no earmarks, limited
tax benefits, or limited tariff benefits.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
This section provides that the Act may be cited as the
``Artificial Intelligence Accountability Act'' or the ``AI
Accountability Act.''
Section 2. Study on accountability measures for artificial intelligence
systems
This section would direct the Assistant Secretary of
Commerce for Communications and Information (Assistant
Secretary) to conduct a study on the accountability measures
for AI systems. Among other things, the study must include an
analysis of how accountability measures are being incorporated
into AI systems used by communications networks (including
telecommunications networks and social media platforms); how
accountability measures for AI systems can help facilitate the
closing of the digital divide, promote digital inclusion, and
reduce the risks related to AI systems; and how the term
``trustworthy'' is used and defined in the context of AI
systems as well as the relationship between the term
``trustworthy'' and other terms, such as ``responsible'' and
``human-centric.''
This section also would require the Assistant Secretary to
hold public meetings to seek feedback from stakeholders on
accountability measures for AI systems.
Finally, this section would mandate the Assistant Secretary
to submit a report to the House Committee on Energy and
Commerce and the Senate Committee on Commerce, Science, and
Transportation not later than 18 months after the enactment of
the AI Accountability Act (Act) that includes the results of
the study, a description of the stakeholder feedback, and
recommendations for governmental and nongovernmental actions to
support effective accountability measures for AI systems.
Section 3. Availability of information on artificial intelligence
systems
This section would direct the Assistant Secretary to hold
public meetings with relevant stakeholders (including
representatives of industry, academia, and consumers) to
solicit feedback on the information that should be available to
individuals, communities, and businesses that interact with,
are affected by, or study AI systems, and the most effective
methods for making this information available to individuals,
communities, and businesses.
This section also would require the Assistant Secretary to
submit a report to the House Committee on Energy and Commerce
and the Senate Committee on Commerce, Science, and
Transportation not later than 18 months after the Act's
enactment. The report would include a description of the
feedback provided during the meetings, as well as
recommendations with respect to the information that should be
available to individuals, communities, and businesses that
interact with, are affected by, or study AI systems and the
methods needed for making this information available to such
individuals, communities, and businesses.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
This legislation does not amend any existing Federal
statute.