[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3888 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 3888
To mandate the use of artificial intelligence by Federal agencies to
adapt to extreme weather, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 6, 2024
Mr. Schatz (for himself, Mr. Lujan, Ms. Butler, and Mr. Welch)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To mandate the use of artificial intelligence by Federal agencies to
adapt to extreme weather, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Transformational
Artificial intelligence to Modernize the Economy against Extreme
Weather Act'' or the ``TAME Extreme Weather Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purpose.
TITLE I--MATTERS RELATING TO THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Sec. 101. Definitions.
Sec. 102. Earth system reanalysis.
Sec. 103. Advanced artificial intelligence applications for weather.
Sec. 104. Technical assistance on use of artificial intelligence
weather models.
Sec. 105. Fire combustion modeling program.
Sec. 106. Emissions monitoring and analysis program.
Sec. 107. Partnerships for transformational innovation.
Sec. 108. Retention of Federal Government expertise.
Sec. 109. National security.
TITLE II--MATTERS RELATING TO THE DEPARTMENT OF AGRICULTURE
Sec. 201. Deforestation and illegal wood products.
TITLE III--MATTERS RELATING TO THE DEPARTMENT OF ENERGY
Sec. 301. Secretary defined.
Sec. 302. Grid and transmission optimization.
Sec. 303. Preparation of environmental review documents.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
Sec. 401. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Artificial intelligence.--
(A) In general.--The term ``artificial
intelligence'' means a machine-based system that can,
for a given set of human-defined objectives, make
predictions, recommendations, or decisions influencing
real or virtual environments, including by using
machine-based and human-based inputs--
(i) to abstract those perceptions into
models through analysis in an automated manner;
and
(ii) to use model inferences to formulate
options for information or action.
(B) Inclusions.--The term ``artificial
intelligence'' includes machine learning, neural
networks, and natural language processing.
(2) Curate.--The term ``curate'' means to collect and
maintain a dataset--
(A) to ensure its quality;
(B) to provide metadata on its provenance; and
(C) to update the dataset periodically, as
practicable.
(3) Open license.--The term ``open license'' has the
meaning given that term in section 3502(21) of title 44, United
States Code.
(4) Training dataset.--The term ``training dataset'' means
a dataset used to train an artificial intelligence.
SEC. 3. PURPOSE.
The purpose of this Act is to mandate the use of artificial
intelligence by Federal agencies to adapt to extreme weather by--
(1) improving weather forecasts;
(2) increasing the resilience of electrical grids and
transmission;
(3) strengthening analytic capacity to guide where to
deploy resources to respond to and mitigate harm from extreme
weather; and
(4) strengthening public-private partnerships in highly
technical, high-risk, and high-reward fields.
TITLE I--MATTERS RELATING TO THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
SEC. 101. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) Artificial intelligence weather model.--The term
``artificial intelligence weather model'' means a weather model
based primarily on artificial intelligence technology to
project future Earth system conditions based on machine
learning from an Earth system reanalysis dataset.
(3) Earth system reanalysis dataset.--The term ``Earth
system reanalysis dataset'' means a dataset that contains
continuous global observational data and synthetic data for
Earth system variables relevant to weather forecasting.
(4) Environmental information services working group.--The
term ``Environmental Information Services Working Group'' means
the Environmental Information Services Working Group
established under section 401 of the Weather Research and
Forecasting Innovation Act of 2017 (15 U.S.C. 8541), or any
similar successor working group.
(5) Numerical weather model.--The term ``numerical weather
model'' means a weather model based primarily on atmospheric
physics and that uses numerical computation to forecast future
Earth system conditions.
(6) Observational data.--The term ``observational data''
means data from actual observations of environmental
conditions.
(7) Reforecast analysis.--The term ``reforecast analysis''
means the assessment of a numerical weather model or artificial
intelligence weather model by comparing model output and
observational data over a period of time in the past.
(8) Synthetic data.--The term ``synthetic data'' means data
produced from a model or statistical method in order to fill
gaps in observational data.
SEC. 102. EARTH SYSTEM REANALYSIS.
(a) In General.--Not later than two years after the date of the
enactment of this Act, the Administrator shall, in consultation with
the Secretary of Energy, the Administrator of the National Aeronautics
and Space Administration, the Director of the National Science
Foundation, the Director of the National Center for Atmospheric
Research, the Environmental Information Services Working Group, and
such other technical experts as the Administrator considers
appropriate, develop and curate an Earth system reanalysis dataset that
creates a long-term record of past weather in support of--
(1) furthering the understanding of weather;
(2) advancing the science of weather forecasting, including
seasonal and subseasonal forecasting; and
(3) developing artificial intelligence weather forecasting
applications.
(b) Use of Existing Datasets.--In order to speed the development of
the Earth system reanalysis dataset required under subsection (a), the
Administrator shall assess, and to the greatest extent practicable
build on, existing Earth system reanalysis datasets of the Federal
Government.
(c) Artificial Intelligence Weather Model.--
(1) In general.--In carrying out this section, the
Administrator, in consultation with the Environmental
Information Services Working Group, may develop and test a
national weather model based on artificial intelligence
technologies.
(2) Report.--Not later than one year after the date of the
enactment of this Act, and not less frequently than annually
thereafter, the Administrator shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a report on the activities conducted under
paragraph (1).
(d) Cooperative Institutes and Contracting Authority.--In carrying
out this section, subject to the availability of appropriations, the
Administrator may competitively award contracts, increase the scope of
existing cooperative institutes of the National Oceanic and Atmospheric
Administration, or competitively award a new cooperative institute.
(e) Public Access.--Subject to section 109, the Administrator 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 Earth system reanalysis dataset developed
under subsection (a) and the code for the artificial intelligence
weather model developed under subsection (c).
(f) Environmental Impact.--The Administrator shall develop and
disseminate best practices to minimize environmental impacts from the
use of artificial intelligence technology to carry out this section.
(g) Continued Support for Observations, Basic Research, and
Numerical Weather Models.--Notwithstanding the requirements of this
section, the Administrator shall continue to support and advance the
activities of the National Oceanic and Atmospheric Administration--
(1) to collect and acquire observational data relevant for
artificial intelligence and numerical weather forecasting;
(2) to advance research on the Earth system and numerical
weather forecasting;
(3) to develop and advance numerical weather modeling;
(4) to identify and acquire novel observational data shown
to improve artificial intelligence and numerical weather
forecasting; and
(5) to improve data assimilation techniques.
SEC. 103. ADVANCED ARTIFICIAL INTELLIGENCE APPLICATIONS FOR WEATHER.
The Administrator shall explore advanced applications of artificial
intelligence to improve weather forecasts, such as by--
(1) improving data assimilation;
(2) accounting for Earth system processes that cause model
areas, such as cloud cover, ocean eddies, and photosynthesis;
and
(3) using artificial intelligence weather models to quickly
emulate running numerical weather models to assess and improve
the confidence in and reliability of weather forecasts.
SEC. 104. TECHNICAL ASSISTANCE ON USE OF ARTIFICIAL INTELLIGENCE
WEATHER MODELS.
(a) In General.--The Administrator shall regularly inventory and
assess major non-Federal Government artificial intelligence weather
models in order to provide--
(1) technical assistance on using such models;
(2) best practices on providing forecasts based on outputs
from both artificial intelligence weather models and numerical
weather models; and
(3) support for emergency managers to make operational
decisions based on outputs from both artificial intelligence
weather models and numerical weather models.
(b) Reforecast Analysis.--
(1) In general.--The Administrator shall support the
development of a common framework for the assessment of
numerical weather models and artificial intelligence weather
models through reforecast analysis and such other methodologies
as the Administrator considers appropriate.
(2) Best practices.--In carrying out this subsection, the
Administrator may develop and disseminate best practices in
collaboration with--
(A) the National Institute for Standards and
Technology, the National Aeronautics and Space
Administration, the National Science Foundation, and
the Department of Energy;
(B) academic and research institutions; and
(C) the private sector.
(3) Public availability of dataset.--
(A) In general.--The Administrator may make
available to the public, as the Administrator
determines appropriate and subject to section 109, at
no cost and with no restrictions on copying,
publishing, distributing, citing, adapting, or
otherwise using under an open license, any reforecast
dataset developed under this subsection.
(B) Determination.--In determining whether to make
a reforecast dataset public under subparagraph (A), the
Administrator shall consider factors such as--
(i) the difficulty of replicating the
reforecast dataset; and
(ii) the utility of the reforecast dataset
to non-Federal partners of the National Oceanic
and Atmospheric Administration.
(4) Report on use of analysis to improve models.--Not later
than one year after the date of the enactment of this Act, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives
a report on the feasibility of using reforecast analysis
techniques to improve seasonal and subseasonal models.
(c) Warning Coordination Meteorologists and Regional Forecast
Offices.--In carrying out this section, the Administrator shall provide
technical assistance, best practices, and support required under
subsection (a) through the warning coordination meteorologists and
weather forecast offices of the National Oceanic and Atmospheric
Administration.
(d) Independent Study on the Impacts of Artificial Intelligence
Weather Models.--The Administrator may enter into an agreement with the
National Academy of Sciences to assess the impacts of artificial
intelligence weather models on the weather enterprise and make
recommendations to improve the integration of such models in
operational forecasting.
SEC. 105. FIRE COMBUSTION MODELING PROGRAM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator, in consultation with the
Secretary of the Interior, the Secretary of Agriculture, the
Administrator of the National Aeronautics and Space Administration, the
Secretary of Energy, the Director of the National Science Foundation,
the Director of the National Center for Atmospheric Research, the
Environmental Information Services Working Group, and such other
technical experts as the Administrator considers appropriate, shall
develop a program to use artificial intelligence to analyze available
data on the built and natural environments in order to--
(1) warn and protect at-risk communities, firefighters, and
other responders;
(2) detect wildfires as early as possible; and
(3) forecast wildfire propagation and combustion risks
based on an analysis of the availability of combustible
materials in the built and natural environments.
(b) Training Dataset.--In carrying out this section, the
Administrator shall gather observational data and synthetic data on the
built and natural environments collected across the Federal Government
to develop and curate a related training dataset for purposes of
training the artificial intelligence technology used in furtherance of
this section.
(c) Data Acquisition.--In carrying out this section, the
Administrator may contract to acquire relevant data.
(d) Weather Integration.--In carrying out this section, the
Administrator shall integrate outputs from weather and other
environmental models and data.
(e) Environmental Impact.--The Administrator shall develop and
disseminate best practices to minimize environmental impacts from the
use of artificial intelligence technology to carry out this section.
(f) Public Access.--Subject to section 109, the Administrator 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 the artificial intelligence used
under subsection (a) and the training dataset developed under
subsection (b).
SEC. 106. EMISSIONS MONITORING AND ANALYSIS PROGRAM.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the Administrator, in consultation with the
Administrator of the Environmental Protection Agency, the Administrator
of the National Aeronautics and Space Administration, the Secretary of
Energy, the Director of the National Science Foundation, the Director
of the National Center for Atmospheric Research, the Environmental
Information Services Working Group, and such other technical experts as
the Administrator considers appropriate, shall develop a program to use
artificial intelligence to analyze global atmospheric observations in
order to--
(1) improve atmospheric dispersion models;
(2) detect leaks from fuel transmission infrastructure;
(3) detect, monitor, and track smoke and other emissions
from wildfires;
(4) identify significant changes in global greenhouse gas
emissions;
(5) infer the geographical and production sources of
emissions; and
(6) support the enforcement of applicable domestic and
international laws.
(b) Law Enforcement.--The Administrator shall collaborate with
Federal, international, State, local, and Tribal law enforcement
entities to ensure the program developed under subsection (a) delivers
outputs that support law enforcement activities.
(c) Training Dataset.--In carrying out this section, the
Administrator shall gather observational data and synthetic data on the
atmosphere and its chemical components collected across the Federal
Government to develop, curate, and regularly update a global
atmospheric chemistry training dataset for purposes of training the
artificial intelligence technology used in furtherance of this section.
(d) Data Acquisition.--In carrying out this section, the
Administrator--
(1) shall seek to negotiate with foreign governments for
access to relevant data; and
(2) may contract to acquire relevant data.
(e) Environmental Impact.--The Administrator shall develop and
disseminate best practices to minimize environmental impacts from the
use of artificial intelligence technology to carry out this section.
(f) Public Access.--Subject to section 109, the Administrator 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 the artificial intelligence used
under subsection (a) and the training dataset developed under
subsection (c).
SEC. 107. PARTNERSHIPS FOR TRANSFORMATIONAL INNOVATION.
(a) In General.--The Administrator shall explore novel structures
for partnerships with private entities and academic entities for
transformative innovation in weather forecasting and other
environmental forecasts in order to--
(1) further the understanding of weather;
(2) advance the science of weather forecasting, including
seasonal and subseasonal forecasting; and
(3) develop artificial intelligence weather forecasting
applications.
(b) Co-Investment.--In carrying out this section, subject to
applicable law, the Administrator shall consider and adopt novel co-
investment strategies with the private sector and academic sector,
including--
(1) non-Federal Government contributions to resource and
support high-risk, high-return research and development in
environmental forecasting, data science, artificial
intelligence, and related fields;
(2) shared rights to intellectual property from research
and development activities under this section; and
(3) other approaches to sharing resources and results under
this section.
SEC. 108. RETENTION OF FEDERAL GOVERNMENT EXPERTISE.
Subject to applicable law, the Administrator shall consider methods
to recruit and retain expert personnel to support activities under this
title, including methods to be competitive with salaries outside the
Federal Government.
SEC. 109. NATIONAL SECURITY.
(a) In General.--Notwithstanding any other provision of this title,
the Administrator, in consultation with the Secretary of Defense, as
appropriate, may withhold any model, code, or data developed or used
under this title if the Administrator determines doing so to be
necessary to protect the national security interests of the United
States.
(b) Rule of Construction.--Nothing in this title shall be construed
to supersede any other provision of law governing the protection of the
national security interests of the United States.
TITLE II--MATTERS RELATING TO THE DEPARTMENT OF AGRICULTURE
SEC. 201. DEFORESTATION AND ILLEGAL WOOD PRODUCTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Agriculture (referred to in this section
as the ``Secretary''), acting through the Administrator of the Animal
and Plant Health Inspection Service, shall develop a program (referred
to in this section as the ``program'') to use artificial intelligence
to analyze available environmental, commercial, law enforcement, and
related data--
(1) to expand and improve global observations of forested
lands;
(2) to detect changes in the amount of forested lands
globally;
(3) to infer the causes of the changes described in
paragraph (2);
(4) to analyze past patterns in the movement of illegal
wood products;
(5) to predict future movements of illegal wood products;
(6) to support the efficient deployment of international
and domestic law enforcement assets to prevent the movement of
illegal wood products;
(7) to analyze how the movement of illegal wood products is
affected by the deployment of law enforcement assets described
in paragraph (6); and
(8) to accomplish other related purposes.
(b) Best Practices.--The Secretary shall develop and disseminate
best practices for minimizing the environmental impacts of the use of
artificial intelligence technology under this section.
(c) Training Dataset.--In carrying out the program, the Secretary,
acting through the Administrator of the Animal and Plant Health
Inspection Service, shall collect and curate a training dataset, which
shall source from--
(1) the domestic and foreign intelligence communities;
(2) satellite imagery;
(3) acoustic monitoring of forest habitats;
(4) data from Federal law enforcement agencies;
(5) to the extent practicable, foreign governments; and
(6) other relevant data, as determined by the Secretary.
(d) Contracts for Additional Data.--Subject to the availability of
appropriations, the Secretary may enter into contracts to acquire
additional relevant data to carry out the program.
(e) International Agreements.--
(1) In general.--The Secretary shall seek to enter into
agreements with foreign governments to share relevant data and
artificial intelligence analysis for enforcing international
and domestic laws prohibiting the trade of illegal wood
products.
(2) Technical assistance.--The Secretary may provide
technical assistance to a foreign government with which the
Secretary has an agreement under paragraph (1) to increase the
capacity of the foreign government to participate in
intelligence sharing and law enforcement activities relating to
the trade of illegal wood products.
TITLE III--MATTERS RELATING TO THE DEPARTMENT OF ENERGY
SEC. 301. SECRETARY DEFINED.
In this title, the term ``Secretary'' means the Secretary of
Energy.
SEC. 302. GRID AND TRANSMISSION OPTIMIZATION.
(a) Establishment of Program.--
(1) In general.--The Secretary, in consultation with the
Chairman of the Federal Energy Regulatory Commission, shall
establish a program (referred to in this section as the
``program'') to use artificial intelligence to optimize energy
grids and transmission--
(A) to minimize the loss of electrical energy;
(B) to stabilize energy flows to minimize power
outages and power surges;
(C) to compensate for variability in energy
production;
(D) to maximize the efficient use of new energy
sources; and
(E) to account for other factors, as appropriate.
(2) Deadline.--The program shall be established not later
than 1 year after the later of--
(A) the date on which the report required under
section 5.2(g)(i) of Executive Order 14110 (88 Fed.
Reg. 75191; relating to safe, secure, and trustworthy
development and use of artificial intelligence) is
issued; and
(B) the date of enactment of this Act.
(b) Training Dataset.--In establishing and carrying out the
program, the Secretary shall collect data on electrical production,
transmission, use, and other factors, as appropriate, to gather and
curate a regularly updated dataset for purposes of training artificial
intelligence technology used in furtherance of the program.
(c) Data Acquisition.--The Secretary may contract to acquire
relevant data for purposes of this section.
(d) Public Access.--Subject to subsection (e), 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--
(1) the code for any artificial intelligence developed in
furtherance of the program; and
(2) the training dataset curated under subsection (b).
(e) National Security.--
(1) In general.--Notwithstanding any other provision of
this section, the Secretary may withhold any model, code, or
data from disclosure under subsection (d) or any other law if
the Secretary, in consultation with the Secretary of Defense,
as appropriate, determines that withholding the model, code, or
data is necessary to protect--
(A) the national security interests of the United
States; or
(B) the security of the electrical grids or
transmission systems of the United States.
(2) Rule of construction.--Nothing in this section
supersedes any other provision of law governing the protection
of the national security interests of the United States.
SEC. 303. PREPARATION OF ENVIRONMENTAL REVIEW DOCUMENTS.
(a) Definitions.--In this section:
(1) National academies.--The term ``National Academies''
means the National Academies of Sciences, Engineering, and
Medicine.
(2) NEPA; impacts; major federal action.--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).
(b) Establishment of Program.--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'')--
(1) to use artificial intelligence, including large
language models, to assist in the preparation of documents to
comply with NEPA;
(2) to provide ready access to publicly filed NEPA
compliance documents to further support the development of
documents to comply with NEPA; and
(3) 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.
(c) Best Practices.--The Secretary shall develop and disseminate
best practices for minimizing the environmental impacts of the use of
artificial intelligence technology under this section.
(d) Training Dataset.--
(1) In general.--In establishing and carrying out the
program, the Secretary shall gather and curate a training
dataset of publicly filed NEPA compliance documents relating
to--
(A) the mission of the Department of Energy; and
(B) any related statutory authorities.
(2) Incorporation of metadata.--The training dataset
described in paragraph (1) may incorporate metadata, as
appropriate to aid in carrying out subsection (f).
(e) Implementation and Scope.--In carrying out this section, the
Secretary--
(1) shall adopt an incremental approach, with utilization
by a limited number of participants and careful assessment, to
ensure--
(A) the viability of the artificial intelligence
technology used for purposes of the program; and
(B) compliance with all applicable environmental
statutes, rules, regulations, and international laws;
and
(2) 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.
(f) Public Access.--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--
(1) the code for any artificial intelligence developed in
furtherance of the program;
(2) the training dataset curated under subsection (d); and
(3) the particular NEPA documents used in the training
dataset curated under subsection (d), which shall be
searchable, at a minimum, by--
(A) project name;
(B) geography;
(C) keywords;
(D) type of major Federal action; and
(E) other parameters, as appropriate or convenient.
(g) Program Review.--
(1) In general.--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--
(A) 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;
(B) the training dataset curated under subsection
(d); and
(C) any artificial intelligence developed in
furtherance of the program.
(2) Requirements.--In carrying out the assessment under
paragraph (1), the National Academies shall consider--
(A) the legal viability of the NEPA compliance
documents prepared using--
(i) an artificial intelligence developed
under this section; or
(ii) the training dataset curated under
subsection (d); and
(B) the capacity of the program--
(i) to take into account the unique
cultural concerns regarding impacts to specific
sites and communities from a major Federal
action; and
(ii) to avoid bias arising from the
limitations of the training dataset.
(3) Recommendations.--In carrying out the assessment under
paragraph (1), the National Academies shall issue
recommendations on how the Secretary may improve--
(A) the artificial intelligence; and
(B) the curation of the training dataset under
subsection (d).
(h) Savings Provision.--Nothing in this section shall--
(1) limit or modify any applicable environmental law; or
(2) affect compliance of applications for permits and other
permissions with all applicable statutes, rules, regulations,
and international laws.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
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