S-1865 would require agencies to notify individuals when they are interacting with or subject to decisions made using certain AI. Image: Freda barksdale/Shutterstock.com
By: FEDweek StaffA bipartisan bill (S-1812) introduced in the Senate would strengthen the presumption for public access to government information under the Freedom of Information Act, by underscoring any information outside of the scope of FOIA’s nine exemptions should be publicly available.
The measure also would: put into that law holdings of a court case that explicitly recognized FOIA’s nine exemptions as the only authorities under which agencies can redact information from otherwise responsive records; more explicitly defines restrictions against agency actions that would make the process more cumbersome for requesters and weaken requirements to fulfill requests; and set a higher standard for denying requests on grounds that they would include a private company’s commercial interests.
Also recently introduced were:
* S-1865, to require federal agencies to notify individuals when they are interacting with or subject to decisions made using certain AI or other automated systems and to require agencies to establish an appeals process that will ensure there is a human review of AI-generated decisions that may negatively affect individuals.
* S-1868, to require an assessment of whether property located near currently or potentially federally leased space could provide opportunities for espionage attempts, cyber-attacks, or unauthorized access.
* HR-3770, to require economically significant guidance documents issued by federal agencies go through a public notice and comment period similar to that used for formal rule-making, and would make such guidance similarly subject to being overturned by Congress.
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