This is part of a series from Nelson Mullins' AI Task Force. We will continue to provide additional insight on both domestic and international matters across various industries spanning both the public and private sectors.

House Looks To Rep. Obernolte to Take Lead on AI

Representative Jay Obernolte (R-Calif.) has emerged as a pivotal figure in shaping the United States’ legislative response to artificial intelligence (AI). With a rare combination of technical expertise and political acumen, Obernolte’s leadership is poised to influence how Congress navigates both the opportunities and risks associated with AI technologies.

AI Expertise and Early Influence

Obernolte’s extensive background in AI distinguishes him among his congressional peers. Holding a graduate degree in AI and decades of experience as a technology entrepreneur, he brings firsthand knowledge to the legislative arena.

As the chair of a bipartisan House AI task force, Obernolte spearheaded the creation of a comprehensive roadmap addressing AI’s societal, economic, and national security implications. The collaborative environment he fostered, eschewing traditional seniority-based hierarchies, encouraged open dialogue and thoughtful debate among members. Co-chair Rep. Ted Lieu (D-Calif.) and other task force participants praised Obernolte’s inclusive approach to consensus building.

Legislative Priorities and Policy Recommendations

Obernolte’s leadership produced a robust policy framework encompassing:

• Expanding AI Resource Accessibility: Advocating for broader access to AI tools for academic researchers and entrepreneurs to prevent monopolization of research by private companies.
• Combatting Deepfake Harms: Supporting legislative efforts to address non-consensual explicit deepfakes, a growing issue affecting young people nationwide. Notably, he backed H.R. 5077 and H.R. 7569, which are expected to resurface in the 119th Congress.
• Balancing Regulation and Innovation: Striving to create a regulatory environment that protects the public while fostering AI innovation.
• National Data Privacy Standards: Advocating for comprehensive data privacy legislation to safeguard consumer information.
• Advancing Quantum Computing: Supporting initiatives to enhance quantum technology development.

Maintaining Bipartisanship

Obernolte emphasizes the importance of bipartisan collaboration, a principle he upholds through relationship-building initiatives, including informal gatherings with task force members. His bipartisan approach is vital in developing durable AI regulations that endure beyond shifting political majorities. Speaker Mike Johnson (R-La.) recognized Obernolte’s ability to bridge divides, entrusting him with the leadership role.

Obernolte acknowledges the difficulty of balancing immediate GOP priorities, such as confirming Cabinet appointments and advancing tax reform, with the urgent need for AI governance. His strategy involves convincing leadership that AI policy proposals are well-reasoned and broadly supported.

Senate Republicans 119th Roadmap on AI

As the 119th Congress convenes under Republican leadership, Senate Republicans are expected to approach artificial intelligence (AI) legislation with a focus on fostering innovation while exercising caution regarding regulatory measures. This perspective aligns with the broader GOP emphasis on minimal government intervention in technology sectors.

Legislative Landscape and Priorities

During the 118th Congress, the Senate Bipartisan AI Working Group, which included Republican Senators Mike Rounds (R-S.D.) and Todd Young (R-Ind.), released a policy roadmap titled "Driving U.S. Innovation in Artificial Intelligence." This document outlined strategies to promote AI development, address national security concerns, and consider ethical implications.

In the 119th Congress, Senate Republicans are anticipated to prioritize:

• Promoting Innovation: Advocating for policies that support AI research and development to maintain the United States' competitive edge in technology.
• National Security: Focusing on the implications of AI in defense and security, ensuring that advancements do not compromise national safety.
• Economic Growth: Encouraging the integration of AI in various industries to stimulate economic development and job creation.

Regulatory Approach

Senate Republicans generally favor a cautious approach to AI regulation, aiming to avoid stifling innovation. There is a preference for industry self-regulation and the development of ethical guidelines without extensive government mandates. This stance reflects concerns that premature or overly restrictive regulations could hinder technological progress and economic benefits associated with AI.

Bipartisan Considerations

While Republicans hold the majority, bipartisan collaboration remains essential for passing comprehensive AI legislation. Areas such as national security and economic competitiveness may serve as common ground for bipartisan efforts. However, topics like AI's role in misinformation and election integrity could present challenges due to differing party perspectives on regulation and free speech.

Conclusion

In both the House and Senate, Republicans are approaching AI legislation with a focus on fostering innovation, enhancing national security, and promoting economic growth. Their preference leans toward industry self-regulation and minimal government intervention to avoid stifling innovation. Areas like national security offer potential bipartisan common ground, though debates around misinformation and election integrity may highlight partisan divides.

With House and Senate Republicans already working on a likely massive reconciliation package focused on top Republican priorities including tax, border security, and energy, AI advocates will be hard pressed to ensure their legislative goals find space in the final text. 

Nelson Mullins has the experience and relationship mindset to help clients think ahead and manage technology and artificial intelligence challenges. Please feel free to contact Jason Epstein, Jake Kohn, or your regular Nelson Mullins contact for further updates.

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