What to Watch for

Luna’s amendment to the bill, if it’s approved, would direct Defense Department resources to the southwest border of the U.S. No other lawmakers have yet commented on the apparent mistake in the amendment summary or whether their own staffers use AI to draft legislative summaries, as Luna claimed Wednesday.

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Key Background

As AI usage becomes more widespread, its use in government has become a growing issue, though the apparent mistake in Luna’s amendment summary is so far a rarity on Capitol Hill. A number of governments around the world have admitted to using AI to improve their workflows, such as in the U.K., where officials touted the use of an in-house AI tool to review responses to a government review, and in Italy, whose Senate uses AI to help manage amendments. In the U.S., ProPublica reported in January the Department of Transportation was planning to use AI to draft its regulations, quoting general counsel Gregory Zerzan as saying, “We don’t need the perfect rule on XYZ. We don’t even need a very good rule on XYZ … We want good enough.” Beyond government rulemaking, the use of AI has repeatedly been problematic in the legal sphere. Numerous courts have sanctioned attorneys for filing documents with false information hallucinated by AI, such as citing court cases that don’t exist. Michael Cohen, the former personal attorney to President Donald Trump, came under scrutiny in 2023 after his lawyers submitted filings with false court cases, with Cohen claiming he did research using Google’s Bard tool that he sent to his attorneys, and was unaware it was giving him false information.

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Further Reading

Government by AI? Trump Administration Plans to Write Regulations Using Artificial Intelligence (ProPublica)

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