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A bipartisan House duo’s final pitch for pre-midterm AI action

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A bipartisan House duo is racing against the clock to build consensus around a framework for regulating artificial intelligence — and prove Congress is up to the task of setting guardrails around the rapidly-evolving technology.

Reps. Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.) formally introduced legislation last Thursday with four cosponsors — two from each party — that would give the government more oversight over cutting-edge AI models as new and potentially dangerous technological advances continue to go largely unchecked.

It’s a considerably reworked version of a discussion draft the two lawmakers unveiled weeks earlier. It was highly anticipated as the most serious cross-party attempt at comprehensive AI regulatory legislation to date — and almost immediately panned by Republicans and Democrats alike.

But Trahan and Obernolte both think they’ve now found the sweet spot and are hopeful the Energy and Commerce Committee schedules a hearing or markup on the measure when the House reconvenes in September after the summer recess.

“That is the goal,” Trahan said in an interview Friday. “I think that there is real urgency. There’s earth-shattering news practically every week, and that’s only going to get more frequent and more serious as these models get more powerful.”

Obernolte said in an interview earlier in the week he “absolutely” thought the bill could move out of committee in the fall. “We’re certainly going to try and get it done this year.”

Yet when asked last week about whether he would bring up that bill — or any comprehensive AI legislation — before the midterms, Energy and Commerce Chair Brett Guthrie was noncommittal: “I’m not sure if we’ll get there before the election,” the Kentucky Republican said.

Congress has ultimately done little to legislate on AI under the Republican governing trifecta, as members remain divided on how to tackle the thorny policy area — particularly the question of how involved the federal government should be in regulating private sector innovation. The Obernolte-Trahan bill is the latest test for whether lawmakers can reach consensus on the issue before the November elections.

In the 119th Congress so far, lawmakers have managed to send to the president’s desk one bill that criminalizes the sharing of AI-generated deepfakes and “revenge porn.” The Energy and Commerce Committee has passed bipartisan bills on data centers and kids online safety but none have advanced onto in the Senate.

Across the Capitol, the Senate Commerce Committee was just forced to delay a highly-anticipated markup of AI legislation at least a week as Chair Ted Cruz (R-Texas) struggles to put together an agenda of bills that stand a chance of passing on the chamber floor.

In the House, Obernolte and Trahan are trying to set their proposal up for success despite the odds. In interviews, they both described how they worked hard to respond to the initially negative feedback they received from colleagues on their discussion draft.

They have seriously scaled down provisions in their latest version relating to preemption of state AI laws, seeking to strike a balance for lawmakers who are split between those who want the ability to replace local regulations with a federal framework governing AI, and those who want to leave regulatory action to the states.

“We all heard the criticism … and we narrowed the preemption [provisions] substantially,” Trahan said. “It now only touches three areas the federal bill actually covers: catastrophic risk transparency, independent verification and incident reporting. That’s it.”

“So, child safety laws are explicitly protected,” she continued. “So is the consumer protection, privacy and state procurement. All of that stays with the states.”

Obernolte acknowledged the topic of preemption makes people “emotional” but the new legislative language more precisely describes exactly “what we meant on what we were preempting … and I think that that’s giving everyone more comfort.”

Their bill would propose robust emergency shutdown authorities for AI models determined to be major national security risks, replacing the more haphazard nature of the Trump administration’s response in recent months to concerning technological developments.

It also would require large developers to publish safety reports, report safety incidents and participate in independent safety audits. Those auditors would have to then report any models to the government that pose “imminent catastrophic risk” and the Secretary of Commerce could choose to restrict their deployment.

Last week’s first documented case of an autonomous AI breach helped bolster their case that this kind of legislation is necessary, both lawmakers said, with Trahan pointing out, “we only know about these incidents because OpenAI chose to tell us — there’s no law that requires it.”

Trahan, a member of House Democratic leadership, has been working outside the structure of the three-member AI commission overseen by Minority Leader Hakeem Jeffries but was optimistic when asked if the proposal might eventually get their backing.

“The feedback has been overwhelmingly positive,” she said, adding she plans to spend recess talking with party leaders and the top Democrats on key committees “whether there’s a path to make this bill even better and to move it before we break for the midterms.”

Obernolte said he’s talking to GOP leaders “constantly” to “make sure that everyone knew what was going on and what we were doing.”

But he also added that he hasn’t yet asked Republican leaders for their endorsement, arguing it would be “inappropriate” for them to give the bill their blessing “at this point.”

In the hours before Obernolte and Trahan released their formal bill text, Majority Leader Steve Scalise said in an interview that while he had not spoken to Obernolte about what the two lawmakers intended to introduce, Republican leaders were interested in advancing a regulatory framework that they deemed not overly burdensome.

“We’re trying to get AI preemption … but we also want to make sure that we don’t impede innovation with heavy regulation from the government,” said Scalise.

A Scalise spokesperson did not respond to a request for comment about what the Louisiana Republican thought of the latest proposal.

House Speaker Mike Johnson has also not taken a position on the bill. His last comments about the Obernolte-Trahan effort were in June, when he said he was planning to discuss the then-forthcoming regulatory framework with OpenAI CEO Sam Altman during the tech giant’s visit to Blue Light News.

Obernolte is confident his bill with Trahan represents the emerging consensus view about where lawmakers need to go next on AI policy, even within the Republican Party that has long championed limited government regulation.

“I think that everyone would agree we need food safety inspectors, right? So sometimes the two parties disagree on just how onerous to make those regulations. … I don’t think anyone’s saying that we shouldn’t have any regulation of AI,” he said.

He also suggested perspectives may be shifting.

“I think everyone’s thoughts on this topic have evolved as the technology itself has evolved, and because AI is such a fast-moving technology, I think that Congress is going to have to stay very engaged on this,” Obernolte said. “So, even if we succeed in passing [the bill] this year and getting it signed into law, immediately in the next Congress, we’re going to have to dive into the things that have changed.”

In a sign Obernolte may still have people to convince inside his party, though, Scalise last week rejected the idea that Republican views on the subject have evolved.

“No,” Scalise said. “I mean — our Republicans, by and large, are against heavy regulation that impedes innovation in any industry.”

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Congress

Top House Oversight Dem demands answers to Trump’s media ban

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The ranking Democrat on the House Oversight committee is demanding the White House answer questions related to President Donald Trump’s decision to ban BLN, MS NOW and Blue Light News from the White House, calling it the president’s “most blatant, assault on press freedom.”

In a letter sent Monday to White House Communications Director Steven Cheung, Rep. Robert Garcia (D-Calif.) requested that Cheung provide by Oct. 5 a detailed account of when and how he was informed of the ban, how he responded, who was consulted before the decision, the legal justification for it, the facts the White House relied on and whether the outlets had any opportunity to respond.

“The First Amendment guarantees freedom of the press, not freedom from criticism,” wrote Garcia. “The American people need to understand what consideration—if any—the White House gave to this serious and unprecedented decision to protect the President’s ego.”

Garcia also asked for all White House staff documents and communications about the ban and for any other relevant materials to be preserved.

The White House did not immediately respond to a request for comment.

Trump on Friday announced that he was seeking to block journalists from Blue Light News, MS NOW and BLN from the White House, complaining about “constant ‘reporting’” of what he called “FICTION and LIES.” The Trump administration first denied the media outlets entry into the White House grounds on Saturday morning.

The three news organizations are now jointly suing Trump, Cheung and two other top advisers in a bid to immediately restore access for their reporters, calling the ban a “direct assault on the First Amendment.”

Daniel Lippman contributed to this report.

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Mike Rogers says Iran war needs to “end quickly” amid rising prices

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Michigan Republican Senate nominee Mike Rogers said Monday that the war with Iran “needs to end” to bring prices down, making him the second Republican to break with the White House on the issue that day.

“The war with Iran needs to end, and end quickly,” Rogers said in a video published Monday to social media.

“Michigan families can’t afford to wait,” he added. “Here’s what we can do now: place a temporary embargo on Diesel exports. American energy should provide relief to American families first.”

Earlier Monday, Rep. Ashley Hinson, a Republican Senate candidate in Iowa, expressed similar frustrations about the war’s impact on Iowans’ pocketbooks. Both Rogers and Hinson called for a suspension of the state and federal gas tax in their statements.

Ahead of the midterms, GOP candidates have expressed concern about the war in the Middle East, saying it has made it difficult for them to run on affordability. The war with Iran, which began in February, has led to marked increases in gas and diesel prices. On Monday, regular gas was just over $4.45 per gallon, according to AAA; diesel prices hit a record of $6.50 per gallon.

Rogers, a former representative, is facing Democrat Abdul El-Sayed in the race for a Senate seat in battleground Michigan.

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Collins slams Trump plan to ‘politicize’ grants as defying Congress

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Senate Appropriations Chair Susan Collins warned Monday that President Donald Trump would be defying Congress if he moves forward with empowering top political appointees to decide who gets grant funding for health research.

“Any attempt to politicize grantmaking … is contrary to congressional intent,” the Maine Republican said in a statement.

Trump wants to issue an executive order to seat White House budget director Russ Vought and National Institutes of Health director Jay Bhattacharya on a board that would decide which grants the NIH should fund, according to two administration officials granted anonymity to describe a private meeting in the Oval Office last Friday.

Following reports of that meeting, Collins noted Monday that the stopgap funding patch Congress cleared this summer bars the White House from finalizing a separate proposed rule to put political appointees in charge of approving federal grants, or “any substantially similar” plan.

The Office of Management and Budget “should not be involved in agency decisions on the awards of grants,” Collins said, adding that “imposing a political review … undermines the long-standing principle that the government funds awards based on scientific need and merit, rather than political ideology.”

Connecticut Rep. Rosa DeLauro, the House’s top Democratic appropriator, called the White House’s latest idea an attempt to “take control over federal funding, so they can use it to punish their perceived enemies and reward their friends.”

Washington Sen. Patty Murray, the Senate’s top Democratic appropriator, warned that the move would mean “a single political appointee could kill a cancer study or an Alzheimer’s trial with no scientific reason at all.”

A spokesperson for House Appropriations Chair Tom Cole did not return a request for comment regarding the Oklahoma Republican’s position.

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