Congressional Oversight of AI Technologies

A few weeks ago, I wrote on the actions the White House is taking to advance and govern AI technologies. Here, I’d like to focus on the Congressional standpoint. Both the White House and Congress share the same vision for advancing AI to transform the lives of Americans and improve areas of healthcare, the economy and national security. Nonetheless, both share the same sentiment that government leaders must ensure the safe and ethical development of AI. To do this, Congress is considering how to oversee the technology.

Recently, Rep. Mike Waltz called on the creation of a select committee on AI. The committee would help strike the balance of advancing AI innovation, while focusing on increased policy and regulation to produce responsible AI.  

Several bills have been introduced centered on AI, both by the House and the Senate. Here’s a look at some of the proposed legislation circulating in Congress. Each bill has been introduced in the 118th Congress and referred to a respective committee.  

Oversee Emerging Technology Act (S. 1577)

Requires the appointment of emerging technologies leads at CFO-Act federal agencies and the intelligence community. The emerging tech lead would be responsible for the development, application, and oversight of emerging technologies, including AI.  

Digital Platform Commission Act (S.1671)

Establishes a federal commission, appointed by the President, to oversee and regulate digital platforms, including those created by algorithmic processes from AI or ML. Responsibilities of the commission include ensuring algorithmic processes of digital platforms are fair, transparent, and safe.

Assuring Safe, Secure, Ethical, and Stable Systems (ASSESS) for AI Act (S.1356)

Establishes a task force among leaders of federal agencies to evaluate the privacy, civil rights, and other implications of AI. Assessment will include evaluating existing policies, regulation, and gaps of AI applications, as well as recommendations to Congress and the President for legislative and regulatory reforms to ensure civil protection in the use of AI.

Artificial Intelligence Accountability Act (H. R. 3369)

Directs the Assistant Secretary of Commerce for Communications and Information to assess the accountability measures for AI systems and the effectiveness and challenges to those measures, particularly in AI systems used by communications networks.

 AI Leadership Training Act (S.1564)

Instructs OPM to establish a training program on AI for federal management and supervisors. Training will cover capabilities and risks of AI, safety and ethical issues of AI, what AI is and how it works, and best practices to AI procurement, use, testing and evaluation.

It is yet to be seen how far these potential laws will make their way through the legislative branch. Many times, such regulatory bills are tucked into and passed under larger legislation, such as National Defense Authorization Acts (NDAAs).

Industry is also calling on Congress to act on AI governance. For example, Microsoft proposed a five-part plan to members of Congress last month to regulate AI, including building upon existing frameworks, slowing AI deployments when necessary, developing an expanded legal framework for regulation, bolstering transparency, and pursuing new public-private partnerships.

Contractors must now wait and see the level of regulation the federal government will take on AI innovation. Though all stakeholders agree that AI must be carefully governed, the degree in which AI is allowed to deploy and advance may be a point of contention.  Regardless, we will see oversight put in place for AI, particularly in areas of national security, communications, and generative AI to hold the technology responsible and trustworthy.