Key facts
- Most proposed AI regulation bills in Congress are stalled due to political disputes.
- Legislation addressing AI-generated deepfakes, such as the TAKE IT DOWN Act and the DEFIANCE Act, has seen progress.
- The White House issued an executive order in December 2025 to push federal AI standards.
- Proposed legislation includes measures for AI oversight, federal preemption, regulatory sandboxes, and data center construction moratoriums.
- Lawmakers acknowledge being ill-equipped to regulate advanced AI, with some experts warning of existential risks.
Members of Congress are grappling with the challenge of regulating artificial intelligence, with many proposed bills stalled due to political disputes. While some targeted legislation has advanced, broader efforts to establish comprehensive AI rules face significant obstacles. The White House issued an executive order in December 2025 to push federal AI standards, but this has been met with counter-proposals aiming to void it or establish federal preemption.
Specific legislative efforts have seen some success, particularly concerning AI-generated deepfakes. The TAKE IT DOWN Act, signed into law in May 2025, bans nonconsensual intimate imagery, including AI-made deepfakes. In January 2026, the Senate passed the DEFIANCE Act, which allows victims of deepfakes to sue for up to $250,000. Other bills, like the NO FAKES Act, aim to cover voice, image, and election deepfakes.
However, the larger debate revolves around who should set AI rules. House and Senate GUARDRAILS Acts, along with a States' Right to Regulate AI Act, would nullify the White House's executive order. Conversely, proposals like Rep. Baumgartner's American AI Leadership and Uniformity Act and Sen. Cruz's SANDBOX Act aim to establish federal preemption and regulatory sandboxes for AI experimentation.
The algorithmic-oversight bloc, led by Rep. Yvette Clarke and Sen. Wyden, is pushing for federal audits, bias tests, and FTC reporting for AI used in critical sectors like hiring, housing, credit, healthcare, and policing. Rep. Beyer's AI Foundation Model Transparency Act targets frontier AI labs directly, while other bills focus on national security and protecting children from AI chatbots.
At the periphery of the debate, Sen. Bernie Sanders has proposed the AI Data Center Moratorium Act, calling for a pause on new data center construction to study the environmental impact of AI development. Lawmakers and aides acknowledge being ill-equipped to regulate advanced AI, with experts warning of potential existential risks. OpenAI's chief global affairs officer has pledged to work with Congress on mandatory, capability-based national AI safety regulation.