The rapid rise in interest in – and adoption of – artificial intelligence (“AI”) technology, including generative AI, has resulted in global demands for regulation and corresponding legislation. Microsoft, for one, has pushed for the development of “new law and regulations for highly capable AI foundation models” and the creation of a new agency in the United States to implement those new rules, as well as the establishment of licensing requirements in order for entities to operate the most powerful AI models. At the same time, Sam Altman, the CEO of ChatGPT-developer OpenAI, had called for “the creation of an agency that issues licenses for the development of large-scale A.I. models, safety regulations, and tests that A.I. models must pass before being released to the public,” among other things.
The United States has “trailed the globe on regulations in privacy, speech, and protections for children,” the New York Times reported recently in connection with calls for AI regulation. The paper’s Cecilia Kang noted that the U.S. is “also behind on A.I. regulations” given that “lawmakers in the European Union are set to introduce rules for the technology later this year” in the form of the Regulation on Artificial Intelligence (better known as the “AI Act”). Meanwhile, China currently has “the most comprehensive suite of AI regulations in the world, including its newly released draft measures for managing generative AI.”
What the U.S. has done to date is release non-binding guidance in the form of the AI Risk Management, the second draft of which was released by the National Institute of Standards and Technology in August 2022. Intended for voluntary use, the AI Risk Management Framework aims to enable companies to “address risks in the design, development, use, and evaluation of AI products, services, and systems” in light of the “rapidly evolving” AI research and development standards landscape.
Shortly thereafter, in October 2022, the White House Office of Science and Technology Policy published the Blueprint for the Development, Use and Deployment of Automated Systems at the center of which are five principles that intended to minimize potential harm from AI systems. (Those five principles are: safe and effective systems; algorithmic discrimination protection; data privacy; notice and explanation; and human alternatives, consideration, and fallback.)
Despite such lags in regulation, a growing number of new AI-focused bills coming from lawmakers at the federal and state levels are worth keeping an eye on. With that in mind, here is a running list of key domestic legislation that industry occupants should be aware of – and we will continue to track substantive developments for each and update accordingly …
Bill: Future of Artificial Intelligence Innovation Act of 2024 (S. 4178)
Introduced: Apr. 18, 2024
Introduced by/Sponsors: Sens. Maria Cantwell (D-Wash.), Todd Young (R-Ind.), John Hickenlooper (D-Colo.), and Marsha Blackburn (R-Tenn.)
Snapshot: The bill aims to set the foundation for continued U.S. leadership in the development of AI and emerging technologies, responding to “longstanding calls from researchers by incorporating key cybersecurity recommendations, such as the development of international standards, metrics, and AI testbeds; increased collaboration between the public-private sector and governments both domestically and abroad; and enhanced information sharing to drive secure AI research and development.”
Bill: Generative AI Copyright Disclosure Act (H.R. 7913)
Introduced: Apr. 9, 2024
Introduced by/Sponsors: Rep. Schiff, Adam (D-CA)
Snapshot: The bill would require a notice to be submitted to the Register of Copyrights prior to the release of a new generative AI system with regard to all copyrighted works used in building or altering the training dataset for that system. The bill’s requirements would also apply retroactively to previously released generative AI systems.
Bill: Protecting Consumers From Deceptive AI Act (H.R. 7766)
Introduced: Mar. 21, 2024
Introduced by/Sponsors: Rep. Eshoo, Anna G. (D-CA)
Snapshot: The bill requires the National Institute of Standards and Technology (NIST) to establish task forces to facilitate and develop technical standards and guidelines for identifying and labeling AI-generated content. It also requires generative artificial intelligence (GAI) developers and online content platforms to provide disclosures on AI-generated content.
Bill: AI CONSENT Act (S. 3975)
Introduced: Mar. 19, 2024
Introduced by/Sponsors: Sen. Welch, Peter (D-VT)
Snapshot: The bill would require online platforms to obtain consumers’ express informed consent before using their personal data to train artificial intelligence (AI) models. Failure to do so would be considered a deceptive or unfair practice, subject to Federal Trade Commission (FTC) enforcement. The bill also directs the FTC to study the efficacy of data de-identification given advancements in AI tools.
Bill: Protect Victims of Digital Exploitation and Manipulation Act of 2024 (H.R. 7567)
Introduced: Mar. 6, 2024
Introduced by/Sponsors: Rep. Mace, Nancy (R-SC)
Snapshot: The bill which would amend title 18, United States Code to prohibiting the production or distribution of non-consensual, deepfake pornography.
Bill: Restrictions on Utilizing Realistic Electronic Artificial Language (“R U REAL”) Act (H.R. 7120)
Introduced: Feb. 2, 2024
Introduced by/Sponsors: Rep. Schakowsky, Janice D. (D-IL)
Snapshot: The bill would give the Federal Trade Commission about three months to add a new mandate to telemarketing rules to require telemarketers to disclose if they are using artificial intelligence to mimic a human at the beginning of any call or text message.
Bill: Artificial Intelligence Environmental Impacts Act of 2024 (H.R. 7197)
Introduced: Mar. 6, 2024
Introduced by/Sponsors: Rep. Eshoo, Anna G. (D-CA)
Snapshot: The bill would direct the National Institute of Standards and Technology (NIST) to develop standards to measure and report the full range of artificial intelligence’s (AI) environmental impacts, as well as create a voluntary framework for AI developers to report environmental impacts.
Bill: No Artificial Intelligence Fake Replicas And Unauthorized Duplications (No AI FRAUD) Act (H.R. 6943)
Introduced: Jan. 10, 2024
Sponsors: Reps. María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Joe Morelle (D-NY), and Rob Wittman (R-VA).
Snapshot: The bill establishes a federal framework to protect Americans’ individual right to their likeness and voice against AI-generated fakes and forgeries. The No AI FRAUD Act establishes a federal solution with baseline protections for all Americans by: (1) Reaffirming that everyone’s likeness and voice is protected, giving individuals the right to control the use of their identifying characteristics; (2) Empowering individuals to enforce this right against those who facilitate, create, and spread AI frauds without their permission; and (3) Balancing the rights against First Amendment protections to safeguard speech and innovation.
Bill: Ensuring Likeness Voice and Image Security (ELVIS) Act
Introduced: Jan. 10, 2024
Sponsors: Tennessee Governor Bill Lee
Snapshot: The bill would update Tennessee’s Protection of Personal Rights law to include protections for songwriters, performers, and music industry professionals’ voices from the misuse of AI. The ELVIS Act aims to prevent the production and distribution of audio-visual and sound recordings featuring unauthorized AI-generated replica vocals of an individual without said individual’s consent. Tennessee law currently protects an individual’s image, photograph, and likeness from being exploited without consent, but the protection does not extend to an individual’s voice.
Status: Mar. 21, 2024 – The ELVIS Act was signed into law by Tennessee Gov. Bill Lee.
Bill: Federal Artificial Intelligence Risk Management Act (H.R.6936)
Introduced: Jan. 10, 2024
Sponsors: Reps. Ted Lieu, Zach Nunn (R-IA), Don Beyer (D-VA), and Marcus Molinaro (R-NY)
Snapshot: The bill would require U.S. federal agencies and vendors to follow the AI risk management guidelines put forth by the National Institute of Standards and Technology (NIST), including by incorporating the NIST framework into their AI management efforts to help limit the risks that could be associated with AI technology.
What the sponsors are saying: “As AI continues to develop rapidly, we need a coordinated government response to ensure the technology is used responsibly and that individuals are protected,” said Rep. Lieu. “The AI Risk Management Framework developed by NIST is a great starting point for agencies and vendors to analyze the risks associated with AI and to mitigate those risks. These guidelines have already been used by a number of public and private sector organizations, and there is no reason why they shouldn’t be applied to the federal government, as well.”
Bill: AI Foundation Model Transparency Act of 2023 (H.R.6881)
Introduced: Dec. 22, 2023
Sponsors: Reps. Anna Eshoo (D-CA) and Don Beyer (D-VA)
Snapshot: The bill would direct the Federal Trade Commission (FTC), in consultation with the National Institute of Standards and Technology (NIST) and the Office of Science and Technology Policy (OSTP), to set standards for what information high-impact foundation models must provide to the FTC and what information they must make available to the public. Information identified for increased transparency would include training data used, how the model is trained, and whether user data is collected in inference.
What the sponsors are saying: “AI offers incredible possibilities for our country, but it also presents peril. Transparency into how AI models are trained and what data is used to train them is critical for consumers and policy makers,” said Eshoo. “The AI Foundation Model Transparency Act directs the Federal Trade Commission and NIST to establish standards for data sharing by foundation model deployers. This critical legislation will provide necessary information and empower consumers to make well informed decisions when they interact with AI. It will also provide the FTC critical information for it to continue to protect consumers in an AI-enabled world.”
Bill: Artificial Intelligence Literacy Act of 2023 (H.R.6791)
Introduced: Dec. 15, 2023
Sponsors: Reps. Lisa Blunt Rochester (D-Del.) and Larry Bucshon, M.D. (R-Ind..)
Snapshot: The bill would codify AI literacy as a key component of digital literacy and creates opportunities to incorporate AI literacy into existing programs.
What the sponsors are saying: “It’s no secret that the use of artificial intelligence has skyrocketed over the past few years, playing a key role in the ways we learn, work, and interact with one another. Like any emerging technology, AI presents us with incredible opportunities along with unique challenges,” said Rep. Blunt Rochester. “That’s why I’m proud to introduce the bipartisan AI Literacy Act with my colleague, Rep. Bucshon. By ensuring that AI literacy is at the heart of our digital literacy program, we’re ensuring that we can not only mitigate the risk of AI, but seize the opportunity it creates to help improve the way we learn and the way we work.”
Bill: Eliminating Bias in Algorithmic Systems Act of 2023 (S.3478)
Introduced: Dec. 12, 2023
Sponsors: Sen. Edward J. Markey (D-Mass.)
Snapshot: The bill would ensure that every federal agency that uses, funds, or oversees artificial intelligence (AI) has an office of civil rights focused on combatting AI bias and discrimination, among other harms. The legislation would also require every civil rights office to report their efforts to Congress and provide recommendations for congressional action.
What the sponsors are saying: “From housing to health care to national security, algorithms are making consequential decisions, diagnoses, recommendations, and predictions that can significantly alter our lives,” said Senator Markey. “As AI supercharges these algorithms, the federal government must protect the marginalized communities that have already been facing the greatest consequences from Big Tech’s reckless actions. The Eliminating BIAS Act will ensure that the government has the proper tools, resources, and personnel to protect these communities and mitigate AI’s dangerous effects, while providing Congress with critical information to address algorithmic harms.”
Bill: AI Labeling Act of 2023 (H.R.6466)
Introduced: Nov. 24, 2023
Sponsors: Rep. Tom Kean, Jr. (NJ-07)
Snapshot: The bill would help ensure people know when they are viewing AI-made content or interacting with an AI chatbot by requiring clear labels and disclosures. Specifically, the bill would: (1) Direct the Director of the National Institute of Standards and Technology (NIST) to coordinate with other federal agencies to form a working group to assist in identifying AI-generated content and establish a framework on labeling AI; (2) Require that developers of generative AI systems incorporate a prominently displayed disclosure to clearly identify content generated by AI; (3) Ensure developers and third-party licensees take responsible steps to prevent systematic publication of content without disclosures; and (4) Establish a working group of government, AI developers, academia, and social media platforms to identify best practices for identifying AI-generated content and determining the most effective means of transparently disclosing it to consumers.
Bill: Artificial Intelligence Research, Innovation, and Accountability Act of 2023 (S.3312)
Introduced: Nov. 15, 2023
Sponsors: Sens. John Thune (R-S.D.), Amy Klobuchar (D-Minn.), Roger Wicker (R-Miss.), John Hickenlooper (D-Colo.), Shelley Moore Capito (R-W.Va.), and Ben Ray Luján (D-N.M.)
Snapshot: The bill establishes a framework to bolster innovation while bringing greater transparency, accountability, and security to the development and operation of the highest-impact applications of AI.
What the sponsors are saying: “AI is a revolutionary technology that has the potential to improve health care, agriculture, logistics and supply chains, and countless other industries,” said Thune. “As this technology continues to evolve, we should identify some basic rules of the road that protect consumers, foster an environment in which innovators and entrepreneurs can thrive, and limit government intervention. This legislation would bolster the United States’ leadership and innovation in AI while also establishing common-sense safety and security guardrails for the highest-risk AI applications.”
Bill: Artificial Intelligence Research, Innovation, and Accountability Act of 2023 (S.3205)
Introduced: Nov. 2, 2023
Sponsors: Sens. Jerry Moran (R-Kan.) and Mark Warner (D-Va.)
Snapshot: The bill establishes guidelines to be used within the federal government to mitigate risks associated with Artificial Intelligence (AI) while still benefiting from new technology.
What the sponsors are saying: “AI has tremendous potential to improve the efficiency and effectiveness of the federal government, in addition to the potential positive impacts on the private sector,” said Sen. Moran. “However, it would be naïve to ignore the risks that accompany this emerging technology, including risks related to data privacy and challenges verifying AI-generated data. The sensible guidelines established by NIST are already being utilized in the private sector and should be applied to federal agencies to make certain we are protecting the American people as we apply this technology to government functions.”
Bill: Artificial Intelligence Advancement Act of 2023 (S.3050)
Introduced: Oct. 17, 2023
Sponsors: Sen. Mike Rounds (R-SD)
Snapshot: The bill would require a report on artificial intelligence regulation in the financial services industry, to establish artificial intelligence bug bounty programs, to require a vulnerability analysis study for artificial intelligence-enabled military applications, and to require a report on data sharing and coordination, and for other purposes.
Bill: The Nurture Originals, Foster Art, and Keep Entertainment Safe (“NO FAKES”) Act
Introduced: Oct. 11, 2023
Sponsors: Sens. Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC)
Snapshot: The NO FAKES Act would protect the voice and visual likeness of all individuals from unauthorized recreations from generative artificial intelligence. The draft legislation would: (1) Hold individuals or companies liable if they produce an unauthorized digital replica of an individual in a performance; (2) Hold platforms liable for hosting an unauthorized digital replica if the platform has knowledge of the fact that the replica was not authorized by the individual depicted; and (3) Exclude certain digital replicas from coverage based on recognized First Amendment protections.
Status: Oct. 11, 2023 – A “discussion draft” of the legislation was introduced with the sponsors saying that they “look forward to continuing to work with stakeholders to ensure that Congress appropriately balances the need to protect individuals and creators, First Amendment considerations, and fostering U.S. leadership and innovation in AI.”
Bill: Preventing Deep Fake Scams Act (H.R.5808)
Introduced: Sept. 28, 2023
Sponsors: Reps. Brittany Pettersen (D-CO-7) and Mike Flood (R-NE)
Snapshot: The bill would address the growing threat of artificial intelligence (AI), often referred to as “deep fake” scams, to consumers, banks, credit unions, and the American economy by establishing a task force to examine AI in the financial services sector, including both the potential benefits of the technology for financial institutions and the unique risks it poses to customer account security.
What the sponsors are saying: “Scammers are already learning how to take advantage of regular Americans by stealing audio, photos, videos, and other personal information to hack into bank accounts and steal people’s hard-earned money. Artificial intelligence will only become more advanced and widely available, so our policies must keep up. Our bipartisan bill will allow Congress to stay at the cutting-edge of technological advances, understanding both the positive and negative impacts AI could have on our financial sector,” said Pettersen.
“Artificial intelligence is already changing how people live, work, and do business. While I am excited about the potential for artificial intelligence to change our economy in positive ways, deep fakes have the potential to lead to some troubling threats for Americans like identity theft and fraud,” said Flood.
Bill: Algorithmic Accountability Act of 2023 (S.2892) and (H.R.5628)
Introduced: Sept. 21, 2023
Sponsors: Sen. Ron Wyden (D-OR) and Rep. Yvette D. Clarke (D-NY-9)
Snapshot: The bill would require companies to assess the impacts of the AI systems they use and sell, creates new transparency about when and how such systems are used, and empowers consumers to make informed choices when they interact with AI systems.
What the sponsors are saying: “AI is making choices, today, about who gets hired for a job, whether someone can rent an apartment and what school someone can attend. Our bill will pull back the curtain on these systems to require ongoing testing to make sure artificial intelligence that is responsible for critical decisions actually works, and doesn’t amplify bias based on where a person lives, where they go to church or the color of their skin,” Wyden said.
Bill: DEEPFAKES Accountability Act (H.R.5586)
Introduced: Sept. 20, 2023
Sponsors: Rep. Yvette D. Clarke (D-NY-9)
Snapshot: The bill would protect national security against the threats posed by deepfake technology and to provide legal recourse to victims of harmful deepfakes by providing prosecutors, regulators and particularly, victims with resources, like detection technology, and requiring creators to label all deepfakes uploaded to online platforms and make transparent any alterations made to a video or other type of content.
What the sponsors are saying: “We know that weaponized deception can be extremely harmful to our society. This bill is meant to take us into the 21st century and establish a baseline so we can discern who is intending to harm us,” said Clarke.
Bill: Protect Elections from Deceptive AI Act (S.2770)
Introduced: Sept. 12, 2023
Sponsors: Sens. Amy Klobuchar (D-MN), Chris Coons (D-Del.), Josh Hawley (R-Mo.), and Susan Collins (R-Maine)
Snapshot: The bill would amend the Federal Election Campaign Act of 1971 to prohibit the distribution of deceptive AI-generated audio, images, or video relating to federal candidates in political ads or certain issue ads. The bill would allow federal candidates targeted by materially deceptive content to have that content taken down and enables them to seek damages in federal court.
What the sponsors are saying: “American democracy faces novel threats from deceptive content generated by artificial intelligence, and we must take action to defend our system of free and fair elections,” said Senator Coons. “Right now, we’re seeing AI used as a tool to influence our democracy. We need rules of the road in place to stop the use of fraudulent AI-generated content in campaign ads. Voters deserve nothing less than full transparency,” said Sen. Klobuchar. “This commonsense, bipartisan legislation would update our laws to prohibit these deceptive ads from being used to mislead voters no matter what party they belong to.”
Bill: Advisory for AI-Generated Content Act (S.2765)
Introduced: Sept. 12, 2023
Sponsors: Sen. Pete Ricketts (R-NE)
Snapshot: The bill would make it unlawful for an AI-generating entity to create covered AI-generated material unless such material includes a watermark that meets the standards established by the FTC.
Bill: Creating Resources for Every American To Experiment with Artificial Intelligence Act of 2023 (H.R.5077)
Introduced: Jul. 28, 2023
Sponsors: Reps. Anna Eshoo (D-CA-16), Michael McCaul (TX-10), Don Beyer (VA-08), and Jay Obernolte (CA-23)
Snapshot: The CREATE AI Act establishes the National Artificial Intelligence Research Resource (NAIRR) as a shared national research infrastructure that provides AI researchers and students from diverse backgrounds with greater access to the complex resources, data, and tools needed to develop safe and trustworthy artificial intelligence.
What the sponsors are saying: “AI offers incredible possibilities for our country, but access to the high-powered computational tools needed to conduct AI research is limited to only a few large technology companies. By establishing the National Artificial Intelligence Research Resource (NAIRR), my bipartisan CREATE AI Act provides researchers from universities, nonprofits, and government with the powerful tools necessary to develop cutting-edge AI systems that are safe, ethical, transparent, and inclusive. Diversifying and expanding access to AI systems is crucial to maintain American leadership in frontier AI that will bolster our national security, enhance our economic competitiveness, and spur groundbreaking scientific research that benefits the public good,” said Rep. Eshoo.
Bill: Digital Consumer Protection Commission Act of 2023 (S.2597)
Introduced: Jul. 27, 2023
Sponsors: Sens. Elizabeth Warren (D-MA) and Lindsey Graham (R-SC)
Snapshot: The Bill would would rein in Big Tech by establishing a new commission to regulate online platforms. The commission would have concurrent jurisdiction with FTC and DOJ, and would be responsible for overseeing and enforcing the new statutory provisions in the bill and implementing rules to promote competition, protect privacy, protect consumers, and strengthen our national security.
What the sponsors are saying: “The digital revolution provided new opportunities for promoting social interaction, starting businesses, and democratizing information. But digital advancement has a dark side. Today, a tiny number of Big Tech companies generate most of the world’s Internet traffic and effectively regulate Americans’ digital lives. Big Tech companies have far too much power — over our economy, our society, and our democracy. Tech monopolies suppress competition by buying up rivals, preferencing their own products, and charging hefty commissions to other businesses. To get ever more users and data, social media companies manipulate users to drive them to addiction. They target kids with content on self-harm, eating disorders, and bullying. And they leave consumers in the dark about how their data is collected or used, and fall prey to massive data leaks that leave us vulnerable to criminal activity, foreign interference, and disinformation,” Warren and Graham said in a joint statement.
Bill: AI Labeling Act of 2023 (S.2691)
Introduced: Jul. 27, 2023
Sponsors: Sens. Brian Schatz (D-HI) and John Kennedy (R-LA)
Snapshot: The Bill would require generative artificial intelligence (AI) systems to include a clear and conspicuous disclosure that identifies the content as AI-generated content and that is permanent or unable to be easily removed by subsequent users. The Bill also outlines obligations for developers and third-party licensees to implement procedures to prevent downstream use of AI systems without the required disclosure.
Bill: CREATE AI Act of 2023 (S.2714)
Introduced: Jul. 27, 2023
Sponsors: Sens. Martin Heinrich (D-NM), Todd Young (R-IN), Sen. Cory Booker (D-NJ), and Mike Rounds (R-SD)
Snapshot: The bill would establish the National Artificial Intelligence Research Resource as a shared national research infrastructure that provides AI researchers and students from diverse backgrounds with greater access to the complex resources, data, and tools needed to develop safe and trustworthy artificial intelligence.
What the sponsors are saying: “We know that AI will be enormously consequential. If we develop and deploy this technology responsibly, it can help us augment our human creativity and make major scientific advances, while also preparing American workers for the jobs of the future. If we don’t, it could threaten our national security, intellectual property, and civil rights,” said Sen. Heinrich. “The bipartisan CREATE AI Act will help us weigh these challenges and unleash American innovation by making the tools to conduct important research on this cutting-edge technology available to the best and brightest minds in our country. It will also help us prepare the future AI workforce, not just for Silicon Valley companies, but for the many industry sectors that will be transformed by AI. By truly democratizing and expanding access to AI systems, we can maintain our nation’s competitive lead while ensuring these rapid advancements are a benefit to our society and country — not a threat.”
Bill: Artificial Intelligence Bug Bounty Act of 2023 (S.2502)
Introduced: Jul. 26, 2023
Sponsors: Sen. Mike Rounds (R-SD)
Snapshot: The bill would require the Chief Data and Artificial Intelligence Officer of the Department of Defense to develop a bug bounty program relating to dual-use foundational artificial intelligence models. The text defines a “foundational” AI model as “an adaptive generative model that is trained on a broad set of unlabeled data sets that can be used for different tasks with minimal fine-tuning.”
Bill: Consumer Safety Technology Act (H.R. 4814)
Introduced: Jul. 20, 2023
Sponsors: Reps. Darren Soto (D-FL), Michael Burgess (R-TX), Brett Guthrie, (R-KY), and Lori Trahan (D-Mass.)
Snapshot: The bill would direct the Consumer Product Safety Commission to launch a pilot program exploring the use of artificial intelligence to track injury trends, identify hazards, monitor recalls, or identify products not meeting importation requirements; requires the Department of Commerce and other agencies to study blockchain technology in the context of consumer products and safety; and directs the Department of Commerce and FTC to report on their efforts to address unfair or deceptive trade practices related to digital tokens.
What the sponsors are saying: “Emerging technologies like artificial intelligence, blockchain, and digital tokens are playing a growing importance in our daily lives and are proving to be an economic driver for the 21st-century economy. It is critical that the U.S. acts as a global leader in these emerging technologies to ensure our democratic values remain at the forefront of this technological development. As a responsible global leader, the U.S. must strike the appropriate balance of providing an environment that fosters innovation while ensuring consumer protection,” said Rep. Soto.
“By directing the Consumer Product Safety Commission (CPSC) to explore the application of artificial intelligence, this legislation would proactively track injury trends, identify hazards, and monitor recalls swiftly, ensuring timely interventions and improved safety standards for all,” said Rep. Burgess.
“For too long, Congress and regulators have struggled to keep up with new and emerging technologies – only stepping in after consumers are harmed. With the Act, we have the opportunity to flip that script,” said Rep. Trahan.
“The U.S. has been a global technology leader. It is crucial that we continue to lead in technological innovation and ensure we do not become reliant on foreign adversaries like the Chinese Communist Party to stay connected. The Act would authorize the Department of Commerce and other agencies to study blockchain technology to help us unleash its capabilities and protect consumers from fraud. As new technologies are quickly developed, it is critical we stay ahead of the curve by developing policies that allow our home-grown technologies to thrive domestically and globally,” said Rep. Guthrie.
Bills: Strategy for Public Health Preparedness & Response to AI Threats Act, and AI & Biosecurity Risk Assessment Act
Introduced: Jul. 19, 2023
Sponsors: Sens. Ed Markey (D-MA) and Ted Budd (R-NC)
Snapshot: (1) The Strategy for Public Health Preparedness & Response to AI Threats Act proposes broader responsibilities for the Department of Health and Human Services, including requirement that the agency develop a plan focused on the risks that AI might pose to national health security. That strategy would eventually need to be submitted to members of Congress; and (2) the AI & Biosecurity Risk Assessment Act would charge the Department of Health and Human Services assistant secretary for preparedness and response with evaluating whether and how more advanced forms of artificial intelligence could be used to develop various types of biosecurity threats, including, for example, chemical weapons and novel pathogens.
What the sponsors are saying: “As AI grows in power and influence, we may face the real prospect of AI-generated threats like biological or chemical weapons. The federal government must not be caught flat-footed on these threats and should begin to prepare now,” Sen. Budd said.
“The federal government has fallen behind before in addressing the grave risks posed by emerging technologies. We can’t make the same mistake with the technologies of our future. Either we prevent the risks now, or Americans will be left dealing with the consequences for decades to come. It is vital for us not only to understand the impacts of artificial intelligence on our health but to act with the urgency that this moment requires. Protection of the nation’s health security isn’t a Democrat or Republican issue. It is an issue of national security,” said Sen. Markey.
Bill: Candidate Voice Fraud Prohibition Act (H.R. 4611)
Introduced: Jul. 13, 2023
Sponsors: Rep. Adriano Espaillat (D-NY)
Snapshot: The bill would amend the Federal Election Campaign Act of 1971 to prohibit the distribution, with actual malice, of certain political communications that contain materially deceptive audio generated by artificial intelligence which impersonate a candidate’s voice and are intended to injure the candidate’s reputation or to deceive a voter into voting against the candidate, and for other purposes.
What the sponsors are saying: “The prevalence of AI is constantly increasing in the daily lives of Americans, however, there are very few laws currently in place to limit this powerful technology and its use to replicate with impressive accuracy, the voice, facial expressions, and mannerisms of politically engaged individuals or those seeking elected office. Unchecked AI usage in political communications has the potential to lead to unprecedented manipulation and misinformation, limiting the ability of the public to decipher between facts and fiction in the political arena, while interfering with free and fair elections and the future of American democracy,” said Rep. Espaillat.
Bill: AI Training Expansion Act of 2023 (H.R. 4503)
Introduced: Jul. 10, 2023
Sponsors: Rep. Nancy Mace (R-SC) and Gerry Connolly (D-VA)
Snapshot: The bill would mandate that supervisors, managers, and data and technology workers whose jobs are linked to the federal government’s use of AI systems adhere to certain training requirements to ensure they properly understand the technology they are using. It also updates the training guidelines outlined in the AI Training Act, which passed last Congress and was signed into law in October 2022.
What the sponsors are saying: “AI is going to change the way we live and we work, and we want to make sure that our federal workforce is prepared for the future and what that might hold,” said Rep. Mace.
Bill: Jobs of the Future Act of 2023 (H.R. 4498)
Introduced: Jul. 6, 2023
Sponsors: Reps. Darren Soto (D-FL), Lori Chavez-DeRemer (R-OR), Lisa Blunt Rochester (D-DE), and Andrew Garbarino (R-NY).
Snapshot: The bill would authorize the Department of Labor and the National Science Foundation to work with private and public stakeholders to create a report analyzing the future growth of artificial intelligence and its impact on the American workforce. The study authorized by the bill would analyze: (1) Industries and occupations projected to have the most growth in AI use, and whether the technology is likely to result in the enhancement of workers’ capabilities or their replacement; (2) Opportunities for various stakeholders to influence the impact of AI on workers across various industries; (3) Which workforce demographics currently stand to be most affected by the proliferation of AI; (4) Skills, expertise, and education needed by workers to develop, operate, or work alongside AI; (5) Data required to evaluate the impact of AI on the U.S. workforce, and the availability of such data; (6) Methods by which these skills can effectively be delivered to the U.S. workforce; and (7) Potential for various academic institutions to disseminate necessary skills and training.
What the sponsors are saying: “As AI continues to grow rapidly, the Jobs of the Future Act will ensure we have information on industries projected to have the most growth, demographics affected by these changes, and more. In Central Florida, AI is increasingly being utilized in tourism, agriculture, aerospace, at Lake Nona’s Medical City, and at NeoCity for microchip manufacturing, so it is important for us to have this data. We hope the report generated as a result of our bill will help organizations identify opportunities for workers and prepare for the changes created by AI,” said Rep. Soto.
“As the Future of Work Caucus co-chair, I’m constantly looking at ways in which our world and our workforce is evolving. There’s no question that the development of artificial intelligence poses many challenges and opportunities, particularly when it comes to our economy,” said Rep. Blunt Rochester. “We, as lawmakers, have to come to the table with open eyes and relevant data to be able to make informed decisions. That’s why I’m thrilled to be introducing the Jobs of the Future Act of 2023 with my colleagues to help us gather that data. Working with the Department of Labor and the National Science Foundation, we can bring together public and private stakeholders, gather and channel important insights, and ultimately harness the power of AI to unleash the full potential of the American economy.”
Bill: A bill to waive immunity under S. 230 of the Communications Act for claims and charges related to generative AI (S.1993)
Introduced: Jun. 14, 2023
Sponsors: Sen. Josh Hawley (R-MO) and Richard Blumenthal (D-Con.)
Snapshot: The legislation would amend Section 230 by adding a clause that strips immunity from AI companies in civil claims or criminal prosecutions involving the use or provision of generative AI.
What the sponsors are saying: “We can’t make the same mistakes with generative AI as we did with Big Tech on Section 230,” said Hawley. “When these new technologies harm innocent people, the companies must be held accountable. Victims deserve their day in court and this bipartisan proposal will make that a reality.”
“AI companies should be forced to take responsibility for business decisions as they’re developing products—without any Section 230 legal shield,” said Senator Blumenthal. “This legislation is the first step in our effort to write the rules of AI and establish safeguards as we enter this new era. AI platform accountability is a key principle of a framework for regulation that targets risk and protects the public.”
Bill: Global Technology Leadership Act (S.1873)
Introduced: June 8, 2023
Sponsors: Sens. Michael Bennet (D-Colo.), Todd Young (R-Ind.), and Mark Warner (D-Va.)
Snapshot: The legislation would establish an Office of Global Competition Analysis to assess how the United States fares in key emerging technologies – such as artificial intelligence (AI) – relative to other countries to inform U.S. policy and strengthen American competitiveness.
What the sponsors are saying: “We cannot afford to lose our competitive edge in strategic technologies like semiconductors, quantum computing, and artificial intelligence to competitors like China,” said Sen. Bennet. “To defend our economic and national security and protect U.S. leadership in critical emerging technologies, we need to be able to take into account both classified and commercial information to fully assess where we stand. With that information, Congress can make smart decisions about where to invest and how to strengthen our competitiveness.”
“This legislation will better synchronize our national security community to ensure America wins the technological race against the Chinese Communist Party. There is no single federal agency evaluating American leadership in critical technologies like artificial intelligence and quantum computing, despite their significance to our national security and economic prosperity. Our bill will help fill this gap,” said Sen. Young.
“Over the last few years, the U.S. has made significant investments in key sectors like semiconductor manufacturing. But as the U.S. works to out-innovate our global competitors, it’s crucial that we have a meaningful way to track how our progress stacks up against near-peers like China. I’m proud to join this bipartisan effort to create a centralized hub that’s responsible for keeping tabs on these developments, which are critical to our economic and national security,” said Sen. Warner.
Bill: Transparent Automated Governance (“TAG”) Act (S.1865)
Introduced: June 7, 2023
Sponsors: Sens. Gary Peters (D-MI), Mike Braun (R-Ind.), and James Lankford (R-Okla).
Snapshot: The legislation would direct agencies to be transparent when using automated and augmented systems to interact with the public or make critical decisions, and for other purposes.
What the sponsors are saying: “Artificial intelligence is already transforming how federal agencies are serving the public, but government must be more transparent with the public about when and how they are using these emerging technologies,” Peters said. “This bipartisan bill will ensure taxpayers know when they are interacting with certain federal AI systems and establishes a process for people to get answers about why these systems are making certain decisions.”
Bill: AI Disclosure Act of 2023 (H.R.3831)
Introduced: June 5, 2023
Sponsors: Sens. Rep. Richie Torres (D-NY)
Snapshot: The legislation would require all material generated by artificial intelligence technology to include the following – “DISCLAIMER: this output has been generated by artificial intelligence.” It would apply to videos, photos, text, audio, and/or any other AI generated material. The Federal Trade Commission (FTC) would be responsible for enforcement of violations, which could result in civil penalties.
What the sponsors are saying: “Artificial intelligence is the most revolutionary technology of our time. It has the potential to be a weapon of mass disinformation, dislocation, and destruction,” said Rep. Torres. “Carefully crafting a regulatory framework for managing the existential risks of AI will be one of the central challenges confronting Congress in the years and decades to come. There is danger in both under-regulating and over-regulating. The simplest place to start is disclosure. All generative AI should be required to disclose itself as AI. Disclosure is by no means a magic bullet, but it’s a common-sense starting point to what will surely be a long road toward federal regulation.”
Bill: Artificial Intelligence Shield for Kids (“ASK”) Act (S.1626)
Introduced: May 16, 2023
Sponsors: Sen. Rick Scott (FL)
Snapshot: The legislation would require the Federal Communications Commission, in consultation with the Federal Trade Commission, to issue rules prohibiting entities from offering minor consumers artificial intelligence features in the products of those entities without parental consent, and for other purposes.
What the sponsors are saying: “Artificial intelligence surely has productive uses, but it can also present grave threats, especially to our children. Today, as the Senate Committee on Homeland Security and Governmental Affairs discusses the threats posed by AI, I am introducing my ASK Act to protect our kids and give parents the power to decide what their children are exposed to without paying ridiculous fees,” Sen. Scott said.
Bill: AI Accountability Act (H.R.3369)
Introduced: May 16, 2023
Sponsors: Rep. Josh Harder (D-CA)
Snapshot: The legislation would direct the Assistant Secretary of Commerce for Communications and Information to conduct a study and hold public meetings with respect to artificial intelligence systems, and for other purposes.
Bill: AI Leadership Training Act (S.1564)
Introduced: May 11, 2023
Sponsors: Sens. Gary Peters (D-Mich.) and Mike Braun (R-Ind.)
Snapshot: The legislation would require the Director of the Office of Personnel Management to establish, or otherwise ensure the provision of, a training program on artificial intelligence for Federal management officials and supervisors, and for other purposes.
What the sponsors are saying: “My bipartisan legislation will ensure supervisors and management officials have the resources to make informed decisions regarding AI technology and its use in the federal government,” Sen. Peters stated. Sen. Braun said: “In the past couple of years, we have seen unprecedented development and adoption of AI across industries. We must ensure that government leaders are trained to keep up with the advancements in AI and recognize the benefits and risks of this tool.”
Bill: Oversee Emerging Technology Act (S.1577)
Introduced: May 11, 2023
Sponsors: Sens. Michael Bennet (D-Colo.)
Snapshot: The legislation would require U.S. government agency heads to appoint or designate a senior official tasked with advising on the responsible use of emerging technologies; charge the senior official with providing expertise on responsible policies and practices, collaborate with officials and coordinating bodies across the Federal government, and offer input for responsible procurement policies; and require agency heads to identify the official and provide a description of the official’s authorities and responsibilities to Congress.
What the sponsors are saying: “The federal government should lead by example to ensure its use of emerging technologies, like artificial intelligence, aligns with our democratic values,” said Bennet. “This bill creates clear accountability across federal agencies, charging senior officials with overseeing the responsible adoption and development of new technology.”
Bill: REAL Political Advertisements Act (H.R.3044)
Introduced: May 2, 2023
Sponsors: Rep. Yvette Clarke (D-NY)
Snapshot: The legislation would amend the Federal Election Campaign Act of 1971 to provide further transparency and accountability for the use of content that is generated by artificial intelligence (generative AI) in political advertisements by requiring such advertisements to include a statement within the contents of the advertisements if generative AI was used to generate any image or video footage in the advertisements, and for other purposes.
What the sponsors are saying: “The upcoming 2024 election cycle will be the first time in U.S. history where AI generated content will be used in political ads by campaigns, parties, and Super PACs. Unfortunately, our current laws have not kept pace with the rapid development of artificial intelligence technologies. If AI-generated content can manipulate and deceive people on a large scale, it can have devastating consequences for our national security and election security. It’s time we sound the alarm, and work to ensure our campaign finance laws keep pace with the innovation of new technologies,” said Rep. Clarke.
Bill: Assuring Safe, Secure, Ethical, and Stable Systems for AI (ASSESS AI) Act (S.1356)
Introduced: April 28, 2023
Sponsors: Sens. Michael Bennet (D-Colo.)
Snapshot: The legislation would establish a task force on organizational structure for artificial intelligence governance and oversight.
What the sponsors are saying: “As the deployment of AI accelerates, the federal government should lead by example to ensure it uses the technology responsibly,” said Bennet. “Americans deserve confidence that our government’s use of AI won’t violate their rights or undermine their privacy.”
Bill: Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023 (H.R.2894/S.1394)
Introduced: Apr. 26, 2023 in House & May 1, 2023 in Senate
Sponsors: Reps. Ken Buck (CO-04), Ted W. Lieu (CA-36), and Don Beyer (VA-08) and Sen. Edward J. Markey (D-Mass.)
Snapshot: The legislation would prohibit the use of Federal funds to launch a nuclear weapon using an autonomous weapons system that is not subject to meaningful human control, and for other purposes.
What the sponsors are saying: “While U.S. military use of AI can be appropriate for enhancing national security purposes, use of AI for deploying nuclear weapons without a human chain of command and control is reckless, dangerous, and should be prohibited,” said Rep. Buck. “I am proud to co-sponsor this legislation to ensure that human beings, not machines, have the final say over the most critical and sensitive military decisions.”
“AI technology is developing at an extremely rapid pace,” said Representative Lieu. “While we all try to grapple with the pace at which AI is accelerating, the future of AI and its role in society remains unclear. It is our job as Members of Congress to have responsible foresight when it comes to protecting future generations from potentially devastating consequences. That’s why I’m pleased to introduce the bipartisan, bicameral Block Nuclear Launch by Autonomous AI Act, which will ensure that no matter what happens in the future, a human being has control over the employment of a nuclear weapon – not a robot. AI can never be a substitute for human judgment when it comes to launching nuclear weapons.” I’m grateful to Representatives Beyer and Buck and Senator Markey for their work on this important, forward-thinking legislation.”
“As we live in an increasingly digital age, we need to ensure that humans hold the power alone to command, control, and launch nuclear weapons – not robots,” said Senator Markey. “That is why I am proud to introduce the Block Nuclear Launch by Autonomous Artificial Intelligence Act. We need to keep humans in the loop on making life or death decisions to use deadly force, especially for our most dangerous weapons.”
Bill: Healthy Technology Act of 2023 (H.R.206)
Introduced: Jan. 9, 2023
Sponsors: Rep. David Schweikert (R-AZ)
Snapshot: The legislation would amend the Federal Food, Drug, and Cosmetic Act to clarify that artificial intelligence and machine learning technologies can qualify as a practitioner eligible to prescribe drugs if authorized by the State involved and approved, cleared, or authorized by the Food and Drug Administration, and for other purposes.