There are more than 120 AI bills in Congress right now

The lack of a focus on equity and minority issues came into view during the Senate markup session at the end of July. Senator Ted Cruz, a Republican, added an amendment that explicitly prohibits any action “to ensure inclusivity and equity in the creation, design, or development of the technology.” Cruz said regulatory action might slow US progress in AI, allowing the country to fall behind China.

On the House side, there was also a hesitation to work on bills dealing with biases in AI models. “None of our bills are addressing that. That’s one of the more ideological issues that we’re not moving forward on,” says Vaughan.

The lead Democrat on the House committee, Representative Zoe Lofgren, told MIT Technology Review, “It is surprising and disappointing if any of my Republican colleagues have made that comment about bias in AI systems. We shouldn’t tolerate discrimination that’s overt and intentional any more than we should tolerate discrimination that occurs because of bias in AI systems. I’m not really sure how anyone can argue against that.”

After publication, Vaughan clarified that “[Bias] is one of the bigger, more cross-cutting issues, unlike the narrow, practical bills we considered that week. But we do care about bias as an issue,” and she expects it to be addressed within an upcoming House Task Force report.

One issue that may rise above the partisan divide is deepfakes. The Defiance Act, one of several bills addressing them, is cosponsored by a Democratic senator, Amy Klobuchar, and a Republican senator, Josh Hawley. Deepfakes have already been abused in elections; for example, someone faked Joe Biden’s voice for a robocall to tell citizens not to vote. And the technology has been weaponized to victimize people by incorporating their images into pornography without their consent. 

“I certainly think that there is more bipartisan support for action on these issues than on many others,” says Daniel Weiner, director of the Brennan Center’s Elections & Government Program. “But it remains to be seen whether that’s going to win out against some of the more traditional ideological divisions that tend to arise around these issues.” 

Although none of the current slate of bills have resulted in laws yet, the task of regulating any new technology, and specifically advanced AI systems that no one entirely understands, is difficult. The fact that Congress is making any progress at all may be surprising in itself. 

“Congress is not sleeping on this by any stretch of the means,” says Stevens. “We are evaluating and asking the right questions and also working alongside our partners in the Biden-Harris administration to get us to the best place for the harnessing of artificial intelligence.”

Update: We added further comments from the Republican spokesperson.