In a Thursday posting in the Federal Register, the Office of Science and Technology Policy said it is seeking information for the development of the Federal Evidence Agenda on Disability Equity. OSTP’s questions to the public pertain to informing data collection and public access, describing disparities as well as privacy, security and civil rights. 

Specific questions include the type of framework for “defining and measuring disability” or other considerations of which the Disability Data Interagency Working Group (DDIWG) within OSTP’s National Science and Technology Council Subcommittee on Equitable Data (SED) should be aware. The office also seeks to understand “what disparities faced by individuals with disabilities are not well-understood through existing federal statistics and data collection,” according to the posting. 

The notice also states: “Though previous work by the SED has identified how privacy, confidentiality and civil rights practices apply to other marginalized groups, OSTP seeks input on privacy, confidentiality and civil rights considerations that are unique to the disability community and/or are experienced differently by individuals with disabilities.”

OSTP’s RFI follows the Biden administration’s 2023 executive order on advancing racial equity and support for underserved communities through the federal government, which directed SED to “coordinate implementation of recommendations” from the Equitable Data Working Group. 

OSTP did not immediately respond to a request for comment.

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In the letter, shared exclusively with FedScoop, Sen. Mark Warner, D-Va., urged the LOC’s copyright office to expand an existing “good-faith security research exemption” to include research that exists outside of traditional security concerns, such as bias, arguing that it would be the best path for ensuring a “robust security ecosystem” for tools such as generative AI. 

The letter from Warner, co-chair of the Senate Cybersecurity Caucus, is in response to a petition from Jonathan Weiss, founder of the IT consulting firm Chinnu Inc., that asked the LOC to establish a new exemption to address security research on generative AI models and systems. 

A spokesperson for Warner said in an email that an expansion to the exemption rather than an entirely new exemption “is the best way to extend the existing protections that have enabled a robust cybersecurity research ecosystem to the emerging issues surrounding safe AI.”

Warner’s letter mirrors a Department of Justice response to the same petition last month. The Computer Crime and Intellectual Property Section of the DOJ’s Criminal Division wrote that “good faith research on potentially harmful outputs of AI and similar algorithmic systems should be similarly exempted from the DMCA’s circumvention provisions.”

Said Warner: “It is crucial that we allow researchers to test systems in ways that demonstrate how malfunctions, misuse and misoperation may lead to an increased risk of physical or psychological harm.”

The Virginia Democrat, who has introduced bipartisan legislation on artificial intelligence security and emerging tech standards, pointed to the National Institute of Standards and Technology’s AI Risk Management Framework to acknowledge that AI’s risks “differ from traditional software risks in key ways,” opening the door for not only security vulnerabilities but also dangerous and biased outputs. 

The use of generative AI for fraud and non-consensual image generation are among the deceptive practices Warner noted as reasons for consumer protections, such as watermarks and content credentials. Additionally, the lawmaker asked the LOC to ensure that the potential expanded exemption “does not immunize” research that would intentionally undermine protective measures. 

“Absent very clear indicia of good faith, efforts that undermine provenance technology should not be entitled to the expanded exemption,” Warner said. 

The senator also asked the LOC to include security and safety vulnerabilities, especially involving bias and additional harmful outputs, in its expanded good-faith security research definition.

In response to Warner’s letter, Weiss said in an email to FedScoop that he doesn’t “care whether the existing exemption is expanded to include research on AI bias/harmful output, or whether an entirely new exemption is created. Our main concern is to secure protections for good faith research on these emerging intelligent systems, whose inner workings even the brightest minds in the world cannot currently explain.”

The Weiss petition and letters from DOJ and Warner were prompted by the LOC Copyright Office’s ninth triennial rulemaking proceeding, which accepts public input for new exemptions to the DMCA.

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The NSF AI Education Act of 2024, introduced Thursday by Sens. Jerry Moran, R-Kan., and Maria Cantwell, D-Wash., supports investments in science, technology, engineering and mathematics education, part of an effort to “help make certain the U.S. is an AI leader in the next century,” Moran said in a press release. 

The legislation would not only authorize NSF to grant fellowships and scholarships within AI and quantum education — along with awarding fellowships for professional development — but would also allow the agency to conduct an outreach campaign throughout the nation that increases awareness of its educational opportunities. The campaign would prioritize outreach to “rural and underserved areas,” per the bill summary.

“Demand for AI expertise is already high and will continue to grow,” Cantwell said in the release. “This bill will open doors to AI for students at all levels and upskill our workforce to drive American tech innovation entrepreneurship and progress in solving the toughest global challenges.”

The bill would also direct NSF to create publicly available playbooks about introducing AI into classrooms for pre-K through 12th-grade students, with “consideration for rural and economically depressed areas.”

NSF would also be granted authorization to hold a grand challenge for AI education and training that would include strategies for upskilling 1 million workers in the United States. in AI-related areas by 2028. Bipartisan Senate legislation released earlier this month also charges NSF with administering a grand challenge, with $1 million prizes awarded for innovations in AI.   

The bill from Moran and Cantwell also calls for related frameworks that “promote increasing the number of women who receive AI education and training” and ensure that “rural areas of the United States are able to benefit from artificial intelligence education and training.”

“Artificial intelligence has tremendous potential, but it will require a skilled and capable workforce to unlock its capabilities,” Moran said. “If we want to fully understand AI and remain globally competitive, we must invest in the future workforce today.”

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The legislation, a revitalization of the Modernizing Government Technology Reform Act from 2017, calls on agencies to adhere to the original intent of the bill and require issued funds to be repaid or reimbursed to ensure TMF sustainability and solvency. With some new amendments, Congress struck down the act’s authorized appropriations amount requirements and extended the sunset date to December 2031.

There is not currently a companion bill in the Senate, but the House Oversight and Accountability Committee is in conversation with the chamber to support the legislation further.

A committee aide said the House bill was modified to “reflect the reality that the fund is a revolving fund, and therefore has different appropriating needs every appropriation cycle.”

“That doesn’t mean we don’t intend for the fund to be appropriated,” the aide continued. “We are taking out the stagnant annual appropriations amount and allowing for more dynamic appropriations to be decided by the appropriations committees each fiscal year.”

Significantly, the bill aims to impose additional constraints on reimbursements to provide agencies with flexibility for repaying the fund.

The new bill was marked up in September and passed out of committee unanimously — a precursor to the continued bipartisan support expected by the committee. The fiscal year 2024 spending package had rescinded $100 million from the TMF, drawing calls from board chair and federal CIO Clare Martorana for Congress to “please fund the TMF.” 

The aide shared that the committee has been in “a series of positive conversations” with the General Services Administration, which manages the TMF program office. 

“I think there’s a bipartisan interest on the Hill ensuring the TMF remains a successful tool to address legacy IT for the next several years and into the future,” the aide said. “I think GSA is aligned with our vision and approach for how we hope to see that done.”

In February, GSA updated its policy for agencies seeking financial assistance from the TMF that set the repayment floor at a minimum of 50%, with room for exceptions to be decided by the GSA administrator and the Office of Management and Budget director.

Both GSA and OMB declined to comment.  

“I think we have additional conversations to have on the Hill about how to appropriately fund the TMF while ensuring that it’s a revolving fund and those funds are being best used to support legacy IT projects,” the aide said. 

Rep. Gerry Connolly, D-Va. — who is co-sponsoring the bill with Reps. Nancy Mace, R-S.C., and Ro Khanna, D-Calif. — said in an email to FedScoop that he believes “the federal government is only as good as the IT [it] utilizes,” a principle that he said led him to author the legislation and drives his “critical oversight efforts” of programs like FITARA.

“With this bill, we can ensure the federal government is able to modernize its IT, move away from its reliance on legacy systems, and better serve the American people who rely on government technology to deliver for them,” Connolly said.

Mace did not respond to a request for comment in time for publication.

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The “Clean Air in the Cloud Act,” introduced Tuesday by Rep. Gerry Connolly, D-Va., pushes the EPA to update the IT system for storing AirNow and the Air Quality System (AQS). The bill’s requirements come directly from recommendations in a September 2023 Government Accountability Office study that Connolly requested. 

“I requested the GAO report on this issue because the federal government is only as good as the IT it utilizes,” Connolly said in a press release. “That’s true across government and it’s certainly true for the EPA. It is my hope that, with this legislation, the EPA can resolve the challenges posed by AQS and AirNow to best deliver results for the American people they service.”

The watchdog recommended that the EPA consider an operational analysis along with developing and documenting a business case for a new IT system. Those would be rooted in considerations for how a system would be able to address challenges posed by the existing legacy systems. The agency agreed with both recommendations.

However, the EPA disagreed with a GAO recommendation that the agency should identify factors for assessing if the agency’s systems are ready for either replacement or retirement.

The GAO found that the use of multiple systems for air quality monitoring “results in inefficient use of resources” for EPA and other monitoring agencies. Agency officials reported that finding and retaining IT staff who could work with AQS’s “outdated software” was “particularly challenging.”

While the EPA declined to comment on the new legislation, a spokesperson said that the agency is “happy to provide technical assistance when asked.”

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The Secure AI Act of 2024, introduced by Sens. Mark Warner, D-Va., and Thom Tillis, R-N.C., requires the National Institute of Standards and Technology to update the National Vulnerability Database (NVD) and the Cybersecurity and Infrastructure Security Agency to update the Common Vulnerabilities and Exposure (CVE) program, or create a new process, according to a summary of the bill. 

Additionally, the bill would charge the National Security Agency with establishing an AI Security Center that would provide an AI test-bed for research for private-sector and academic researchers, and develop guidance to prevent or mitigate “counter AI-techniques.”

“Safeguarding organizations from cybersecurity risks involving AI requires collaboration and innovation from both the private and public sector,” Tillis said in a press release. “This commonsense legislation creates a voluntary database for reporting AI security and safety incidents and promotes best practices to mitigate AI risks.” 

Under the legislation, CISA and NIST would have one year to develop and implement a voluntary database for tracking AI security and safety incidents, which would be available to the public. 

Similarly, NIST would only have 30 days after the enactment of this legislation to initiate a “multi-stakeholder process” to evaluate if the consensus standards for vulnerability reporting accommodate AI security vulnerabilities. After establishing this process, NIST would have 180 days to submit a report to Congress about the sufficiency of reporting processes. 

“By ensuring that public-private communications remain open and up-to-date on current threats facing our industry, we are taking the necessary steps to safeguard against this new generation of threats facing our infrastructure,” Warner said in the press release.

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The order’s requirements span the tech talent surge to guidance for various types of AI. Announcements from this deadline include guidance on generative AI tools for hiring, a safety and security board focused on AI and a new generative AI guidance for federal purchasers. 

The White House credited federal agencies with the completion of requirements for the deadline, and included announcements for requirements in the executive order that were due at a later date. Additionally, the executive branch reported that “agencies also progressed on other work tasked by the E.O. over longer timeframes.”

Here are five takeaways from the White House’s 180-day announcement:

1. The AI talent surge’s progress report

The AI and Tech Talent Task Force reported a 288% increase in AI job applications via a combination of agency hiring, the U.S. Digital Corps, the U.S. Digital Service and the presidential innovation fellows program. 

Additionally, the task force offered 10 recommendations throughout the federal government for “further increasing AI capacity.”

The task force recommends institutionalizing the U.S. Digital Corps and other technology recruitment programs, enhancing user experience on USAJOBS through the updating of digital service capabilities, exploring a talent exchange engagement with foreign partners that are also looking to invest in AI-related talent and more. 

The report calls on Congress to grant agencies the ability to use flexible hiring authorities for the AI-talent surge, while also offering pay incentives and support for rotational practices. 

Significantly, the task force reported that the Office of Personnel Management has “developed a legislative proposal” that aims to enhance compensation flexibilities. That proposal “has been transmitted to Congress.”

2. New actions from the Department of Energy

The DOE announced several AI-related actions at the deadline that focused on both cybersecurity and environmental concerns, including a new website that exhibits agency-developed AI tools and models. 

The agency’s Office of Critical and Emerging Technologies released a report addressing the potential AI has to “significantly enhance how we manage the [electric] grid” and how climate change’s effect on the environment “will require a substantial increase in the rate of modernization and decarbonization” of the grid. The report offers considerations for how large language models might assist compliance with federal permitting, how AI could enhance resilience and more. 

DOE has also announced a $13 million investment to build AI-powered tools to improve the siting and permitting of clean energy infrastructure for a new VoltAlc initiative. Significantly, the agency announced that it is establishing a working group to make recommendations by June on meeting the energy demands for AI and data center infrastructure. 

Additionally, the agency’s Cybersecurity, Energy Security and Emergency Response (CESER)  unit worked with energy sector partners — with support from the Lawrence Livermore National Laboratory — to create an interim assessment to identify opportunities and potential risks regarding AI use within the sector.

3. Department of Labor guidance on AI and tech-based hiring systems

The DOL was six months early on meeting its requirement to publish guidance for contractors regarding non-discrimination in talent acquisition that involves AI and other technology-based hiring programs. 

The report points to the use of AI systems as having the potential to continue discrimination and unlawful bias. It requires federal contractors to cooperate with the Office of Federal Contract Compliance Programs (OFCCP) by providing requested information on their AI systems in order to prevent discrimination.

Contractors are not insulated from the risk of violating equal employment opportunity or obligations if they use automated systems, the agency states in the report. OFCCP also noted obligations related to AI with regard to  investigations into compliance evaluations and complaints  to identify if a contractor is abiding by nondiscrimination requirements. 

While OFCCP reported that it does not endorse products or issue compliance certifications, it does encourage federal contractors to be transparent about AI use in the hiring process and with employment decisions, while nd safeguarding private information of all involved parties. 

4. USDA’s framework for state, local, tribal and territorial (SLTT) public administrative use of AI

The U.S. Department of Agriculture issued a framework for SLTTs to use AI to administer the agency’s Food and Nutrition Service (FNS) programs, which include school breakfast, summer food service, emergency food assistance and more. 

The guidance states that FNS will work with SLTTs for risk management, and lays out four categories of risk for AI usage in regard to the service, ranging from low to high.

USDA recommends a “human in the loop” in AI implementation for risk mitigation. The framework recommends that  staffers who provide human oversight for AI-enabled functions “should receive sufficient training” to assess AI models or functions for accurate outputs. 

The agency also outlines how other uses of the technology may be “rights-impacting” or “safety-impacting,” as designated by FNS.

5. A framework for nucleic acid synthesis screening

The Office of Science and Technology Policy, the National Science and Technology Council and the Fast Track Action Committee for Synthetic Nucleic Acid Procurement Screening released a framework to encourage synthetic nucleic acid providers to implement screening mechanisms to prevent the misuse of AI for “engineering dangerous biological materials.” 

This guidance builds on a Department of Health and Human Services strategy document released in October 2023. 

OSTP said in a release that the National Institute of Standards and Technology “will further support implementation of this framework” through engagement with industry entities to “develop technical standards for screening.”

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In addition to work on the action plan, which centers on transparency and public access to information and research pertaining to the federal government, the committee will advise the GSA’s administrator on open government issues, challenges and opportunities that emerge in order to support the agency’s open government secretariat. 

“The OG FAC will allow GSA to tackle emerging open government issues, challenges, and opportunities through expert advice from these stakeholders,” Krystal Brumfield, GSA’s associate administrator for government-wide policy, said in a press release. “We look forward to receiving innovative suggestions on the development of the sixth Open Government National Action Plan as well as other efforts to strengthen open government policy and public engagement.”

The committee, as outlined in a Federal Register post, will consist of between 10 and 20  federal and non-federal members that possess “strong background and expertise” in open government and improving government delivery services. Outside of federal agency officials, the committee is open to nominees from state and local government, industry and academia. 

The post lists background themes to include anti-corruption, digital governance, gender and inclusion, media freedom, public participation and more. 

The GSA said the OG FAC will meet “at least four times per year” and the convenings will be open to the public unless otherwise determined by appropriate authorities. 

Additionally, the agency’s open government secretariat is set to host a public session in May to field questions regarding the selection process and timeline.

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“Congress, if you can hear me, please fund the TMF,” federal CIO Clare Martorana said Tuesday during an event co-hosted by Venable LLP and Trend Micro. “It does something really remarkable in our community. You have a board of experts across government that are convened together to really interrogate these proposals.”

Martorana, who also serves as board chair for the TMF, said there’s been a concerted effort to explore ways for agencies to expedite tech projects. The council of chief AI officers has reviewed a plan to accelerate tech deployment within agencies by two years, Martorana said, though there’s nothing concrete to report yet. 

When it comes to work on the technology within agencies, Martorana said establishing governance, managing risk and continuing to innovate are “the three layers of that AI cake…. The risks are significant and we don’t know them all yet. We haven’t identified this whole ecosystem yet.”

Martorana said in an interview with FedScoop after the Tuesday event that she believes that as the Office of Management and Budget and GSA disclose when tech projects across the federal government are in operation, Congress will recognize that the TMF “is a wonderful funding vehicle.” She pointed to the fund assisting with national cybersecurity efforts and improving digital experience online for customers.

“All of the things that we’re using technology to help improve service delivery for the public — safely, seamlessly [and] securely,” she said.

As agencies continue to work toward implementing new tools, Martorana said in a Thursday interview with FedScoop, that CAIO council representatives are focused on establishing an AI-capable infrastructure that has the computing power and resilience to run AI. 

“Some are gonna only be working with generative AI for a really long time and that’s not going  to take a lot of compute power,” Martorana said. “We have a span across our federal agencies.” Larger agencies “taking leaps and bounds” can have a spillover effect on smaller agencies, she added, “giving our federal workforce the opportunity to participate in this technology transformation.”

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HHS’s Office of the National Coordinator for Health Information Technology (ONC), which released the draft Wednesday, establishes the following four goals: “promote health and wellness, enhance the delivery and experience of care, accelerate research and innovation and connect the health system with health data.” ONC said in a press release that it collaborated on the plan with 25 federal agencies that interact with health IT through purchasing, developing and regulating in order to improve health outcomes.

Among the overarching goals, the agency emphasized the need for a focus on “the policy and technology components needed to support” health IT users in connecting the system with data. 

Significantly, ONC states that the federal government plans to encourage “education, outreach and transparency” about artificial intelligence use so that both individuals and health care providers are informed about the performance and privacy practices of the technology. 

“The role of health IT and readily available access to health data have become increasingly essential to the administration of public health activities,” Jim Jirjis, director of the Centers for Disease Control and Prevention’s data policy and standards division, said in the release. “CDC appreciates how the draft 2024-2030 Federal Health IT Strategic Plan addresses the need to continue to advance the nation’s public health data infrastructure, while making sure that it is benefiting the communities that need it most.”

Additionally, Meg Marshall, director of informatics regulatory affairs at the Veterans Health Administration, said in the release that the VA is also seeking comments “so that veterans too can benefit from the goals of a coordinated federal health IT strategy.”

Marshall’s  statement follows a litany of problems with the VA’s Oracle Cerner-run electronic health record, including patient safety issues with EHR pharmacy software and a watchdog report about a veteran’s death tied to a scheduling error. The system was originally launched in 2020, in an effort to “establish interoperability of records between the VA and [Department of Defense] health care systems”.” EHR was later suspended in 2023 as part of a reset, and the department noted that it was working toward holding Oracle Cerner accountable for delivering high-quality services.

Marshall said in the statement that as the VA works to modernize its EHR system, ONC’s draft plan “provides direction towards a seamless health care experience” for patients and providers. 

“Not only that, the draft Federal Health IT Strategic Plan serves as an actionable roadmap for the federal government to align and coordinate health IT efforts in a transparent and accountable manner,” Marshall said.

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