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Floor Speech

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Mr. MARKEY. Mr. President, I rise today to discuss an issue that has been a dominant topic of conversation in this country: artificial intelligence, or AI.

Over the past 2 years, generative AI products like ChatGPT have exploded in popularity, while companies have invested tens of billions of dollars developing new AI models. The AI innovation race is in full swing, and I share much of this excitement.

AI holds great promise with the potential to transform the way we live, we work, and interact with the world. But as with any race, there are winners and there are losers, and I am deeply worried that we are too focused on the potential winners of this AI race and we are neglecting those who are already being left behind, because although AI may be having a moment right now, we have been living with its impact for years.

This is especially true for Black and Brown and immigrant and LGBTQ communities which have borne the cost of the ``move fast and break things'' mindset that pervades Silicon Valley.

To understand why, it is helpful to understand how these AI-driven algorithms actually work, because these algorithms are really just supercharged pattern recognition systems. It is not all that different from teaching a dog a new trick.

For example, to teach a dog to fetch, you gather a bunch of balls and treats and instruct the dog to run after and return the ball and provide feedback--treats--along the way. Over time, the dog recognizes the pattern: Run after it and return the ball and receive a treat.

The same principles apply to algorithms. A company will feed historical information into a computer with basic instructions. Like a dog that looks helpless when first told to fetch, an algorithm may first provide confusing responses to these instructions. But over time, as the algorithm receives feedback from a trainer, the algorithm will improve at responding to the instructions.

Here is the problem: This training and the algorithm's decision making and recommendations happen outside of public view. This lack of transparency and the failure to properly test for bias in algorithms create serious risk.

What happens when the information being fed into an algorithm reflects preexisting societal biases? To return to our dog analogy, if the dog is only trained to fetch tennis balls, it may not understand how to fetch a stick, or it may return the stick to a different person.

The same problem happens with algorithms involved in decisions around banking, healthcare, and the criminal justice system, but with much more serious results. Numerous studies and reports have revealed the consequences that biased algorithms have for marginalized communities.

For example, a 2019 report found that due in part to biased mortgage approval algorithms, lenders were 80 percent more likely to reject Black applicants than similar White applicants. On another occasion, a tech company found that its AI resume screening tools recommended male applicants for jobs at much higher rates than similar female applicants. And, just yesterday, a comprehensive new report found that 92 million low-income Americans are subject to algorithmic decision making and, therefore, potentially subject to bias and discrimination baked into these algorithms.

This is unacceptable. That is why, in September, I introduced my AI Civil Rights Act, comprehensive legislation intended to ensure that the AI age does not replicate and supercharge the bias and discrimination already prevalent today in our real world.

Specifically, my legislation would impose new rules when companies use algorithms to make decisions on employment, banking, healthcare, the criminal justice system, and other important aspects of our lives.

Today, I am proud to announce that 54 new organizations have endorsed my bill, including some of the biggest labor unions in the country, critical housing organizations, and indispensable civil rights groups. In total, 80 civil rights organizations and AI experts have endorsed my AI Civil Rights Act.

This support sends a clear message: As Congress considers AI legislation in the coming weeks and years, we must ensure that the AI age does not come at the expense of already marginalized communities.

We cannot allow AI to stand for ``accelerating injustice'' in our country. We have a choice. Do we promote innovation without addressing AI bias and discrimination? Do we protect profits instead of people? Do we allow biased black box algorithms to control our lives?

Make no mistake: We can have an AI revolution while also protecting the civil rights and liberties of everyday Americans. We can support innovation without supercharging bias and discrimination. And we can promote competition while safeguarding people's rights. And that is why we must pass my Artificial Intelligence Civil Rights Act.

This is the beginning of an era where we can do this right. But it is up to Congress to make sure that that happens.

With that, I yield back.

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