Senators say parliamentarian has reopened AI pause review
Illustration: Natalie Peeples/Axios
The nonpartisan Senate parliamentarian is calling for a rewrite of the state AI pause provision, senators told Axios on Thursday.
Why it matters: The parliamentarian this weekend cleared the measure for inclusion in the reconciliation bill, but has since reopened her review of the text, calling into question the provision's future.
- The text would tie broadband funding to whether states pursue AI regulations.
- But confusion has swirled around the amount of federal grant money that would be swept up by the provision.
- Senate Commerce Chair Ted Cruz says that pause is tied to a $500 million pot of AI deployment grants, while Democrats and other observers say it could affect the entire $42 billion in BEAD money.
Senate Commerce Ranking Member Maria Cantwell, when asked if the AI provision had to be sent back to the parliamentarian, told Axios that "last night they said they had to re-write it."
- Sen. Josh Hawley: "I think it's currently with the parliamentarian. She had reopened her review of it, is what I understand, which is unusual but wonderful."
- Hawley, who has said he's opposed to the provision, added that he's now waiting on the parliamentarian before deciding what to do about backing an amendment to strip it from the bill: "Let's see where we get to on that."
- He also said narrowing the provision might make it more palatable, but "why are we doing this at all? I want to regulate."
Senate Majority Leader John Thune, when asked if the AI provision would be sent back to the parliamentarian, said "we'll see."
The intrigue: One source familiar with the matter told Axios the issue before the parliamentarian is that it's unclear which pot of money is tied to the AI bills ban — the $42 billion or $500 million.
- "Out of respect, we are not going to comment on private consultations with the Parliamentarian," Cruz spokesperson Macarena Martinez said in a statement. "The Democrats would be wise not to use this process to wishcast in public."
