[House Report 118-244]
[From the U.S. Government Publishing Office]


118th Congress }                                           {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                           {    118-244

======================================================================



 
               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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.