Roundup of Federal Legislative Proposals that Pertain to Generative AI

Anna Lenhart / Apr 21, 2023

Anna Lenhart is a Policy Fellow at the Institute for Data Democracy and Politics at The George Washington University.

United States Capitol in Washington DC. Vintage illustration from Brockhaus Konversations-Lexikon 1908. Shutterstock

Over the last few months there has been increased discussion over how governments should regulate the potential risks of generative AI tools such as ChatGPT or DALL-E. Legal scholars have begun debating if these tools are considered Interactive Computer Services under Section 230 of the Communication Decency Act. Similarly, many have highlighted how generative AI is covered under existing law. Meanwhile a narrative has emerged that suggests that Congress is not ready, or technologically astute enough, to regulate generative AI. I would argue that this is an unfair claim that is dismissive of Members that have proposed thoughtful regulations in this space, and the very real political challenges of getting bipartisan tech legislation to the President’s desk.

In a February podcast I discussed how Congress often needs a catalyzing event in order for a particular policy issue to rise to the surface. The rather quick introduction and proliferation of generative AI tools may represent such a moment. As lawmakers and their staff consider how to regulate this technology, it is helpful to review proposals that have already been introduced and, in some cases, received hearings and markups: Do these proposals already address risks from generative AI tools? Do definitions need to be adjusted? Are there additional provisions needed to clearly move the development of generative AI in a direction that benefits all of society?

My hope is that this list can engage a larger audience in questions regarding ways Congress can take advantage of this moment. The work-in-progress version is a Google Doc that can be quickly edited as crowd sourced contributions come in. Thank you to the many current and former staffers that have already provided insights.

We invite Tech Policy Press readers to contribute.


Anna Lenhart
Anna Lenhart is a Policy Fellow at the Institute for Data Democracy and Politics at The George Washington University. Most recently she served as a Technology Policy Advisor in the US House of Representatives.