Fedweek

Agencies could be required to notify individuals when they are using AI systems and to create an appeal process. Image: MONOPOLY919/Shutterstock.com

A report on a bill (S-1865) now ready for a Senate vote says that federal agencies should be transparent when using automated intelligence and systems such as facial recognition software to interact with the public or to make decisions.

“While AI use is widespread and continues to grow, there is no comprehensive information on the use cases and contexts in which government agencies use these technologies. These systems are not monitored or evaluated in any comprehensive or standardized way, and most agencies do not have dedicated governance structures to oversee policies in this space. As a result, governments are leaving the door open to risks posed by AI technologies that do not work as intended, such as lack of accuracy, bias in decision making, and breaches of privacy,” it says.

“These systems also pose deep accountability challenges if bias or privacy violations are detected. This is because, as these systems become more complex, it is not always possible to accurately describe how an algorithm reached a particular output. When the stakes are high, these problematic outputs can cause significant, and sometimes life-threatening, harms,” it says.

The bill would require OMB to issue guidance telling agencies that they must notify individuals when they are using such systems and to create an appeal process for individuals who believe an adverse critical decision impacting them was made in error using such a system. The processes would involve human review of the decision.

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