[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75625-75626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24269]
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OFFICE OF MANAGEMENT AND BUDGET
Request for Comments on Advancing Governance, Innovation, and
Risk Management for Agency Use of Artificial Intelligence Draft
Memorandum
AGENCY: Office of Management and Budget.
ACTION: Notice of public comment period.
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SUMMARY: The Office of Management and Budget (OMB) is seeking public
comment on a draft memorandum titled Advancing Governance, Innovation,
and Risk Management for Agency Use of Artificial Intelligence (AI). As
proposed, the memorandum would establish new agency requirements in
areas of AI governance, innovation, and risk management, and would
direct agencies to adopt specific minimum risk management practices for
uses of AI that impact the rights and safety of the public. The full
text of the draft memorandum is available for review at https://www.ai.gov/input and https://www.regulations.gov.
DATES: Written comments must be received on or before December 5, 2023.
ADDRESSES: Please submit comments via https://www.regulations.gov, a
Federal website that allows the public to find, review, and submit
comments on documents that agencies have published in the Federal
Register and that are open for comment. Simply type ``OMB-2023-0020''
in the search box, click ``Search,'' click the ``Comment'' button
underneath ``Request for Comments on Advancing Governance, Innovation,
and Risk Management for Agency Use of Artificial Intelligence
Memorandum,'' and follow the instructions for submitting comments. The
OMB System of Records Notice, OMB Public Input System of Records, OMB/
INPUT/01, includes a list of routine uses associated with the
collection of this information.
Privacy/FOIA Notice: Comments submitted in response to this notice
may be publicly available and are subject to disclosure under the
Freedom of Information Act. For this reason, please do not include in
your comments information of a confidential nature, such sensitive
personal information or proprietary information, or any other
information that you would not want publicly disclosed.
FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this
Notice to Cindy Martinez at [email protected] with ``AI Memo Request
for Comment'' in the subject line, or by phone at 202-395-0379. Please
direct media inquiries to OMB OFCIO's Office of Public Affairs, email:
[email protected].
SUPPLEMENTARY INFORMATION: The Administration has undertaken numerous
efforts to advance responsible AI innovation and secure protections for
people's rights and safety. This work spans targeted sector-specific
initiatives, such as the Department of Health and Human Services'
proposed rule to protect patients from discriminatory algorithms in
health care,\i\ as well as more broadly applicable guidance from the
Department of Justice and Equal Employment Opportunity Commission to
help employers avoid AI-enabled disability discrimination in
employment.\ii\ Significant efforts have also yielded the development
of landmark voluntary frameworks such as the National Institute of
Standards and Technology's (NIST) AI Risk Management Framework and
White House Office of Science and Technology Policy's Blueprint for an
AI Bill of Rights. To build upon this body of policy, and in accord
with President Biden's Executive Order of October 30, 2023 (Safe,
Secure, and Trustworthy Development and Use of Artificial
Intelligence), OMB has prepared a draft memorandum that would direct
Federal agencies to strengthen their AI governance and innovation
programs while managing risks from the use of AI, particularly when
that use affects the safety and rights of the public. This memorandum
also would carry out provisions of the AI in Government Act of 2020,
secs. 101-104, Div. U, Public Law 116-260, and the Advancing American
AI Act, secs. 7221-7228, Public Law 117-263.
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\i\ Section 1557 of the Patient Protection and Affordable Care
Act; 42 U.S.C. 18116, https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html.
\ii\ Algorithms, Artificial Intelligence, and Disability
Discrimination in Hiring, Department of Justice and Equal Employment
Opportunity Commission, https://www.ada.gov/resources/ai-guidance/.
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Requests for Comment
Through this Request for Comment, OMB hopes to gather information
on the questions posed below. However, this list is not intended to
limit the scope of topics that may be addressed. Commenters are invited
to provide feedback on any topic believed to have implications for the
content or implementation of the proposed memorandum.
When responding to one or more of the questions below, please note
in the text of your response the number of the question to which you
are responding. Commenters should include a page number on each page of
their submissions. Commenters are not required to respond to all
questions.
OMB is requesting feedback related to the following:
1. The composition of Federal agencies varies significantly in ways
that will shape the way they approach governance. An overarching
Federal policy must account for differences in an agency's size,
organization, budget, mission, organic AI talent, and more. Are the
roles, responsibilities, seniority, position, and reporting structures
outlined for Chief AI Officers sufficiently flexible and achievable for
the breadth of covered agencies?
2. What types of coordination mechanisms, either in the public or
private sector, would be particularly effective for agencies to model
in their establishment of an AI Governance Body? What are the benefits
or drawbacks to having agencies establishing a new body to perform AI
governance versus updating the scope of an existing group (for example,
agency bodies focused on privacy, IT, or data)?
3. How can OMB best advance responsible AI innovation?
4. With adequate safeguards in place, how should agencies take
advantage of generative AI to improve agency missions or business
operations?
5. Are there use cases for presumed safety-impacting and rights-
impacting AI (Section 5 (b)) that should be included, removed, or
revised? If so, why?
6. Do the minimum practices identified for safety-impacting and
rights-impacting AI set an appropriate baseline that is applicable
across all agencies and all such uses of AI? How
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can the minimum practices be improved, recognizing that agencies will
need to apply context-specific risk mitigations in addition to what is
listed?
7. What types of materials or resources would be most valuable to
help agencies, as appropriate, incorporate the requirements and
recommendations of this memorandum into relevant contracts?
8. What kind of information should be made public about agencies'
use of AI in their annual use case inventory?
Clare Martorana,
U.S. Federal Chief Information Officer, Office of the Federal Chief
Information Officer, Office of Management Budget.
[FR Doc. 2023-24269 Filed 11-2-23; 8:45 am]
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