Illustration: Aïda Amer/Axios
No matter who wins this election, Congress and the White House are going to have a hard time finding common ground on AI regulation.
Why it matters: There's broad agreement that AI harms should be mitigated and innovation should be fostered, but divisions between and within the parties will complicate legislative efforts.
State of play: In the final days of the 118th Congress, the House and Senate will largely focus on trying to pass AI bills that have to do with research and development.
- Those include the CREATE AI Act, the Department of Energy AI Act and the Future of AI Innovation Act, for example.
- Bias, disinformation, copyright infringement and job displacement are next year's problems.
What we're watching: Senate Majority Leader Chuck Schumer and House Speaker Mike Johnson are negotiating an AI lame duck deal that could include some R&D bills.
- If those negotiations fall through, don't put it past Schumer to put his own package on the Senate floor for an AI show vote to highlight Republican inaction in the House — a strategy he's used on other issues in the past.
- For now, the negotiations are going well and the bipartisan path is Schumer's preferred route, a source familiar told Axios.
- The White House will be limited to executive orders and voluntary commitments while Capitol Hill debates.
What they're saying: Johnson previously told Axios he is very wary of any "red tape" that would stifle AI development.
Our thought bubble: The initial sense of urgency that there should be guardrails on the technology has dampened as Congress and the White House focus on giving U.S. companies the freedom to compete.
- Both parties agree that the U.S. is in a global tech race against China, a geopolitical consideration weighed against another goal to set international standards instead of the EU.
