Bill Number: TBD
Date Introduced: TBD
Sponsor: Senator & Congressperson Names
Co-Sponsors: TBD
Title:
A Bill to Mandate the Disclosure of Artificial Intelligence Assistance in the Composition, Drafting, Introduction, and Making of Legislation, Ordinances, and Other Official Statements by Elected Officials at All Levels of Government
Section 1: Short Title
This Act may be cited as the “Federal AI Disclosure Act.”
Section 2: Findings and Purpose
(a) Findings
Congress finds the following:
- Artificial Intelligence (AI) is increasingly used by elected officials at the municipal, county, state, and federal levels to assist in the composition, drafting, introduction, and making of legislation, ordinances, and other official statements.
- The use of AI in legislative processes has the potential to impact decision-making, transparency, and public trust across all levels of government.
- Transparency in AI-assisted legislative activities is essential to uphold democratic principles, ensure accountability, and protect the integrity of the legislative process.
(b) Purpose
The purpose of this Act is to:
- Mandate that any elected official at the municipal, county, state, or federal level who uses AI in any capacity to assist in the composition, drafting, introduction, or making of legislation, ordinances, and other official statements must disclose the use of AI.
- Ensure that the public is informed when AI is used in the legislative process, promoting transparency, accountability, and ethical standards at all levels of government.
Section 3: Definitions
For the purposes of this Act:
- Artificial Intelligence (AI): Any system or technology that mimics human intelligence to perform tasks, including but not limited to, language processing, decision-making, and data analysis.
- Elected Official: Any individual holding a public office at the municipal, county, state, or federal level through an electoral process.
- Official Statement: Any written, verbal, or digital communication issued by an elected official in the course of their official duties, including but not limited to speeches, public announcements, and legislative proposals.
Section 4: Disclosure Requirements
(a) General Requirement
Any elected official at the municipal, county, state, or federal level who uses AI to assist in part or in whole with the composition, drafting, introduction, or making of legislation, ordinances, or any other official statements must clearly disclose that AI assistance, influence, or support was utilized.
(b) Method of Disclosure
- Legislation and Ordinances: The disclosure must be included in the preamble or introductory section of the legislation or ordinance, clearly stating that AI assistance was used.
- Official Statements: The disclosure must be made at the beginning or end of the statement, clearly indicating that AI assistance was utilized.
- Public Communication: For public speeches, announcements, or any other form of communication, the disclosure must be verbally stated or visibly displayed at the beginning or end of the communication.
(c) Content of Disclosure
The disclosure must include the following:
- A statement that AI was used to assist in the composition, drafting, introduction, or making of the document or communication.
- A brief description of how AI influenced the content, including specific tasks or functions performed by AI.
Section 5: Transparency and Accountability
(a) Public Access
All disclosures required under Section 4 must be made publicly accessible through official government websites and other appropriate platforms to ensure public awareness and transparency.
(b) Accountability Measures
- Elected officials at the municipal, county, state, and federal levels failing to comply with the disclosure requirements of this Act may be subject to investigation by the appropriate ethics oversight body.
- Penalties for noncompliance may include fines, official reprimands, or other disciplinary actions as deemed appropriate by the oversight body.
Section 6: Ethical Considerations
(a) Ethical Standards
This Act requires elected officials at all levels of government to adhere to ethical standards in their use of AI, ensuring that AI systems are used responsibly, without bias, and in ways that protect the public interest.
(b) Bias and Fairness
Elected officials must ensure that any AI system used in the legislative process has been evaluated for potential biases, and steps have been taken to mitigate any identified biases to ensure fairness and equity.
Section 7: Public Engagement and Input
(a) Public Consultation
Elected officials at the municipal, county, state, and federal levels are encouraged to seek public input and feedback when using AI in the legislative process to ensure that the concerns and needs of the community are considered.
(b) Stakeholder Involvement
Public consultations must include relevant stakeholders, including civil society organizations, industry experts, and affected communities, to provide a comprehensive perspective on the use of AI in the legislative process.
Section 8: Adaptability and Future-Proofing
(a) Regular Review
The effectiveness of this Act must be reviewed every five years to ensure its continued relevance and adaptability to evolving AI technologies.
(b) Amendments
Congress may amend this Act as necessary to address new developments in AI and ensure the legislation remains effective in promoting transparency and accountability across all levels of government.
Section 9: Compliance and Enforcement
(a) Compliance Requirements
Elected officials at the municipal, county, state, and federal levels must comply with the disclosure requirements as outlined in this Act.
(b) Enforcement Mechanisms
- An independent oversight body will be established to monitor compliance with this Act across all levels of government.
- Noncompliance with the disclosure requirements will result in penalties as determined by the oversight body, including but not limited to fines, public reprimands, or other disciplinary actions.
Section 10: Whistleblower Protections
(a) Protection Measures
This Act establishes protections for individuals who report noncompliance or unethical practices related to the use of AI by elected officials at the municipal, county, state, and federal levels.
(b) Enforcement
Whistleblower protection measures must be clear, enforceable, and include mechanisms for anonymous reporting to safeguard the identity of the whistleblower.
Section 11: Oversight and Review
(a) Independent Oversight Body
An independent oversight body will be established to monitor the implementation and impact of this Act across all levels of government.
(b) Regular Audits
The oversight body must conduct regular audits of elected officials’ use of AI in the legislative process to ensure compliance with this Act and evaluate its effectiveness.
Section 12: Effective Date
This Act shall take effect six months after the date of enactment.
Section 13: Severability
If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of the remaining provisions to any person or circumstance, shall not be affected thereby.
AI Legislation Framework Checklist
The Federal AI Disclosure Act was meticulously crafted using our AI Legislation Framework Checklist to ensure it is comprehensive, ethical, and transparent across all levels of government. Here’s how the checklist guided the development of the Act, with specific references to its provisions:
- Constitutional Alignment: The Act, under Section 2(a), mandates that AI usage in legislative processes must be transparently disclosed, safeguarding the public’s right to know and aligning with First Amendment principles.
- Clear Purpose: Section 1(b) of the Act clearly defines its objective: to ensure the public is informed when AI is used in drafting, introducing, or making legislation, ordinances, or official statements at the municipal, county, state, or federal levels.
- Interoperability and Collaboration: The Act’s applicability to all levels of government, as stated in Section 3, promotes consistency and collaboration across jurisdictions, ensuring that AI governance is uniformly applied.
- Transparency and Accountability: Section 2(b) of the Act requires elected officials to disclose AI assistance in any legislative activity, ensuring transparency and holding officials accountable for AI’s role in decision-making.
- Ethical Considerations: The Act addresses ethical concerns in Section 4(a), mandating that AI used in legislation must be free from biases and promote fairness and equity in governance.
- Public Engagement and Input: Section 5(a) provides mechanisms for public consultation and stakeholder involvement, ensuring that AI-related legislation reflects the community’s concerns and needs.
- Data Protection and Privacy: While the Act’s focus is on transparency, Section 2(c) indirectly supports data protection by requiring full disclosure of AI’s involvement, reducing the risk of unauthorized data use.
- Compliance and Enforcement: Section 6 of the Act outlines penalties for noncompliance, establishing clear enforcement mechanisms to ensure that elected officials adhere to the disclosure requirements.
- Adaptability and Future Proofing: The Act includes a provision in Section 7(a) for regular reviews and amendments, ensuring it remains relevant and adaptable to future technological advancements in AI.
- Risk Assessment and Management: The Act addresses risk management in Section 4(b) by requiring that any AI used in legislative processes undergoes a risk assessment, helping to mitigate potential risks to democratic processes.
- Education and Training: Although not explicitly stated, the disclosure requirements in Section 2(a) of the Act foster public awareness and understanding of AI’s role in governance, indirectly promoting education.
- International Standards and Cooperation: The Act’s approach to AI transparency, as articulated in Section 8(a), aligns with global best practices, setting a precedent for international AI governance and cooperation.
- Economic Impact: Section 4(c) of the Act ensures that transparency and ethical AI use in legislation support a stable and predictable legislative environment, which is essential for innovation and economic growth.
- Whistleblower Protections: Section 9(a) of the Act establishes protections for individuals who report noncompliance, ensuring that ethical practices in AI use are upheld and that whistleblowers are safeguarded.
- Oversight and Review: The Act mandates the creation of an independent oversight body in Section 10(a) to monitor compliance, conduct regular audits, and recommend updates to the Act, ensuring continuous improvement and accountability.
By adhering to the AI Legislation Framework Checklist, the Federal AI Disclosure Act is designed to ensure that AI’s role in government is transparent, ethical, and accountable, protecting public trust and democratic integrity across all levels of government.
Scenarios
The following scenarios demonstrate how politicians and elected officials can leverage the Federal AI Disclosure Act to ensure transparency, accountability, and public trust in AI-driven decision-making across various levels of government.
Scenario 1: AI in Public Health Policy
Context:
A state government implements an AI-driven tool to assist public health officials in identifying and responding to outbreaks of infectious diseases. The AI analyzes data from hospitals, clinics, and public reports to predict and mitigate the spread of diseases.
Disclosure Requirement:
Under the Federal AI Disclosure Act, state officials are required to disclose to the public when AI is used in public health decision-making. This includes informing residents about how their health data is being used and how the AI’s predictions influence public health policies, such as quarantine measures or vaccine distribution.
Outcome:
A local community expresses concern over a sudden quarantine order. The state governor, citing the AI disclosure requirements, holds a public briefing explaining the role AI played in identifying the outbreak risk and the rationale behind the quarantine. The transparency helps to alleviate public concerns and ensures cooperation with the health measures.
Scenario 2: AI in Criminal Justice Reform
Context:
A county district attorney’s office uses AI tools to assess the risk of reoffending and to recommend bail amounts for individuals awaiting trial. The AI evaluates various factors, including criminal history, socio-economic background, and other risk indicators.
Disclosure Requirement:
The Federal AI Disclosure Act mandates that the district attorney’s office disclose when AI is involved in making recommendations related to bail and sentencing. This disclosure must be made to defendants, judges, and the public, ensuring transparency in the criminal justice process.
Outcome:
A defendant challenges the AI’s recommendation for a high bail amount, arguing that the data used was incomplete. The county supervisors, responsible for overseeing the criminal justice system, review the AI’s role and call for an independent audit of the AI’s algorithms. The audit results in adjustments to the AI tool, ensuring it is fair and accurate in its recommendations, which helps to maintain public trust in the justice system.
Scenario 3: AI in Economic Development Programs
Context:
A city council implements an AI system to assess applications for economic development grants aimed at small businesses. The AI evaluates factors such as business viability, community impact, and financial stability.
Disclosure Requirement:
The Federal AI Disclosure Act requires the city council to disclose to business owners when AI is used in the grant decision-making process. The council must also provide transparency on what data the AI analyzed and how it influenced the allocation of funds.
Outcome:
A small business owner is denied a grant and, through the AI disclosure, learns that their application was flagged due to a data error regarding financial stability. The mayor and city council, committed to transparency, work with the AI provider to correct the error and ensure a fair reassessment of the application. This action reinforces the city’s commitment to equitable economic development and strengthens relationships with local businesses.
Scenario 4: AI in State Employment Practices
Context:
A state government uses AI tools to screen applicants for civil service positions. The AI evaluates resumes, cover letters, and interview responses to recommend candidates for hiring.
Disclosure Requirement:
Under the Federal AI Disclosure Act, the state’s human resources department must disclose to job applicants when AI is used in the hiring process. This includes information about how AI influences hiring decisions and the criteria it uses.
Outcome:
An applicant for a state government position, after being rejected, requests more information about the AI screening process. The disclosure reveals that the AI disproportionately favored certain educational backgrounds. State lawmakers, in response, propose legislation to review and adjust the AI hiring tool to ensure it aligns with the state’s diversity and inclusion goals, demonstrating their commitment to fair employment practices.
Scenario 5: AI in Federal Transportation Initiatives
Context:
The federal government rolls out an AI-driven national traffic management system to optimize road safety and reduce congestion. The system controls traffic lights, manages highway tolls, and communicates with autonomous vehicles to improve traffic flow.
Disclosure Requirement:
The Federal AI Disclosure Act requires the federal transportation department to inform the public when AI is used in managing national infrastructure. This includes disclosures about data collection, how AI impacts daily commutes, and how the system’s decisions are made.
Outcome:
A senator receives complaints from constituents about increased traffic delays in their district. By referencing the AI disclosure, the senator requests a detailed report on the AI’s decision-making process. The report reveals that the AI was prioritizing long-distance highway traffic over local commuters. The senator advocates for adjustments to the system, ensuring that the AI balances both local and national traffic needs, thereby improving constituent satisfaction and road safety.
How can you help?
A future where AI systems used by our government are fully transparent and accountable. The Federal AI Disclosure Act is the first step toward ensuring that AI serves everyone fairly and ethically.
This vital legislation will make sure that AI is used responsibly, protecting our democracy and promoting fairness.
By advocating for and sharing this Act, you can help make this vision a reality.
Repost our blog post Federal AI Disclosure Act on your social media accounts and share it with family, friends, neighbors, and elected officials to jumpstart the conversation and turn this Act into law.