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Code · BILL · 118th Congress · S. 3888 (Introduced in Senate) — To mandate the use of artificial intelligence by Federal agencies to adapt to extreme weather, and for other purposes. · Sec. 303

Sec. 303. Preparation of environmental review documents

608 words·~3 min read·/bill/118/s/3888/is/section-303·

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In this section: The term National Academies means the National Academies of Sciences, Engineering, and Medicine. The terms NEPA , impacts , and major Federal action have the meanings given those terms in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act). Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program (referred to in this section as the program )— to use artificial intelligence, including large language models, to assist in the preparation of documents to comply with NEPA; to provide ready access to publicly filed NEPA compliance documents to further support the development of documents to comply with NEPA; and to assess the reliability of outputs from the artificial intelligence used under paragraph (1), including the viability of using those outputs to support compliance with NEPA.
The Secretary shall develop and disseminate best practices for minimizing the environmental impacts of the use of artificial intelligence technology under this section. In establishing and carrying out the program, the Secretary shall gather and curate a training dataset of publicly filed NEPA compliance documents relating to— the mission of the Department of Energy; and any related statutory authorities. The training dataset described in paragraph
(1)may incorporate metadata, as appropriate to aid in carrying out subsection (f). In carrying out this section, the Secretary— shall adopt an incremental approach, with utilization by a limited number of participants and careful assessment, to ensure— the viability of the artificial intelligence technology used for purposes of the program; and compliance with all applicable environmental statutes, rules, regulations, and international laws; and may broaden the scope of the program to include the application of artificial intelligence technology to assist with the preparation of other environmental compliance documents, subject to all applicable environmental statutes, rules, regulations, and international laws. The Secretary shall make available to the public, at no cost and with no restrictions on copying, publishing, distributing, citing, adapting, or otherwise using under an open license— the code for any artificial intelligence developed in furtherance of the program; the training dataset curated under subsection (d); and the particular NEPA documents used in the training dataset curated under subsection (d), which shall be searchable, at a minimum, by— project name; geography; keywords; type of major Federal action; and other parameters, as appropriate or convenient. Not later than 2 years after the date on which the program is established, the Secretary shall enter into a contract with the National Academies to assess— the program, including a comparison of the efficacy, accuracy, and speed of preparing comparable documents using the artificial intelligence described in subsection
(b)and traditional methods; the training dataset curated under subsection (d); and any artificial intelligence developed in furtherance of the program. In carrying out the assessment under paragraph (1), the National Academies shall consider— the legal viability of the NEPA compliance documents prepared using— an artificial intelligence developed under this section; or the training dataset curated under subsection (d); and the capacity of the program— to take into account the unique cultural concerns regarding impacts to specific sites and communities from a major Federal action; and to avoid bias arising from the limitations of the training dataset. In carrying out the assessment under paragraph (1), the National Academies shall issue recommendations on how the Secretary may improve— the artificial intelligence; and the curation of the training dataset under subsection (d). Nothing in this section shall— limit or modify any applicable environmental law; or affect compliance of applications for permits and other permissions with all applicable statutes, rules, regulations, and international laws.
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