3 key AI policy decisions facing the next Congress

AI policy in limbo: Congress faces critical decisions: The 118th U.S. Congress has failed to pass any of the more than 100 AI-related bills introduced, leaving the rapidly evolving technology sector without clear regulatory guidance.

• Despite high public interest and concern about AI-related issues, including workplace discrimination, deepfake child sexual abuse material, and fraudulent robocalls, Congress has not taken concrete action.
• A 2020 Gallup survey found that 59% of Americans believe elected officials are paying “too little” attention to technology-related issues.
• While some states have introduced legislation to address specific AI harms, there has been no corresponding federal action.

The global AI race and its implications: The development of AI policy in the United States is not just a domestic concern but has far-reaching implications for global technological supremacy.

• The race to establish the most powerful AI system is not limited to Silicon Valley tech companies but extends to nations competing for global dominance, particularly the United States and China.
• Congress has shown increased interest in AI-related issues, establishing a Select House Committee on the Chinese Communist Party and a bipartisan Senate working group on AI.
• The National Artificial Intelligence Act, passed in 2020, established the American AI Initiative, but further legislative action has been lacking.

Executive branch leadership and shifting regulatory landscape: Until recently, AI policy has been primarily driven by the executive branch, with each administration taking different approaches to AI development and regulation.

• The Obama administration emphasized AI’s potential to improve various sectors, including health, education, and energy.
• The Trump administration focused on doubling AI research investments and establishing research institutes, viewing AI as critical to U.S. economic and national security.
• The Biden administration has taken a more comprehensive approach, issuing an executive order to stimulate federal agency action and eliciting voluntary commitments from major AI companies.

Challenges to federal agency authority: Recent legal developments have created uncertainty regarding federal agencies’ ability to regulate AI effectively.

• The Supreme Court’s decision to overturn the Chevron deference doctrine has reduced federal agencies’ regulatory authority in the face of ambiguous laws.
• This shift may lead to agencies being less willing to take on regulatory roles in areas of uncertainty, including AI policy.

State-level action and the need for federal intervention: In the absence of comprehensive federal policies, state legislatures have become more active in addressing AI-related issues.

• Over 45 states have introduced AI bills, with 31 enacting legislation.
• California has taken a leading role in filling the regulatory void, but this patchwork approach risks creating legal conflicts and potentially stifling innovation.
• Only Congress can effectively unify these disparate state-level efforts into a cohesive national AI policy.

Three crucial decisions for the 119th Congress: The incoming Congress will need to address key questions to shape the future of AI policy in the United States.

1. Determining the values that will guide the U.S. AI strategy, balancing national security, market efficiency, power concentration, AI safety concerns, industrial policy, and the public interest.
2. Deciding whether to focus on long-term existential and catastrophic risks or prioritize addressing existing harms and biases through clear liability frameworks and use-based regulations.
3. Considering the creation of a new AI or Digital Technologies Agency versus delegating AI-specific regulation, supervision, and enforcement to existing agencies.

Balancing innovation and public good: The path forward for AI policy requires thoughtful and decisive action to harness AI’s potential while safeguarding democratic principles and values.

• The challenges posed by AI policy are complex but not insurmountable, requiring robust debate and informed decision-making.
• Policymakers must strive for balanced, forward-thinking policies that prioritize both innovation and the public good.
• With careful consideration and bold leadership, AI can be shaped into a tool for progress rather than a threat to society’s future.

The imperative for congressional action: As AI technology continues to advance rapidly, the need for comprehensive federal policy becomes increasingly urgent.

• The fragmented approach at the state level and the limitations on executive branch action highlight the critical role Congress must play in shaping AI policy.
• By addressing key questions and establishing a clear regulatory framework, Congress can help ensure that the United States remains at the forefront of AI innovation while protecting citizens’ interests and values.