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‘Reasonable Guardrails’

Democrats Concerned About Possible Trump AI Policy Rollback; Some Republicans See Worthy Parts

It would be a mistake for the Trump administration to undo President Joe Biden’s efforts at establishing a rights-based regulatory framework for AI technology, Democrats told us in interviews before the break.

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President-elect Donald Trump, in his 2024 campaign platform, said his plans include repealing Biden’s executive order on AI and its “Radical Leftwing ideas.” Led by incoming Senate Commerce Committee Chair Ted Cruz, R-Texas, Senate Republicans have backed Trump’s plans (see 2407310042).

Tesla CEO Elon Musk is expected to play a role in shaping the administration’s AI approach. Musk recently announced AI-related plans for his startup, xAI.

Trump is reportedly considering naming an AI point person within the White House to coordinate the administration’s stance.

AI technology needs “reasonable guardrails,” said Rep. Ted Lieu, a California Democrat known for his computer science background. “The American people want AI innovation, but they also want to make sure that the harms from AI don’t hurt America.” Biden’s EO is “well-balanced,” and it would be a “bad idea” for the incoming administration to repeal, he said.

Repeal “would be a mistake,” agreed Senate Homeland Security Committee Chairman Gary Peters, D-Mich. “We’ve got to make sure we’ve got proper oversight of AI, and I don’t know what [Trump is] proposing in its place. It would be interesting to hear what he’s proposing.”

The Trump transition team didn’t comment. Similarly, the Biden White House didn’t comment.

Sen. Mike Rounds, R-S.D., and Rep. Jay Obernolte, R-Calif., told us aspects of the Biden EO could be preserved within a new Republican framework. Obernolte said Biden’s order contains national defense-related provisions intended to help agencies reap “productivity gains” from AI technology. The EO’s directive for agencies to appoint AI officers is also a positive, said Obernolte.

Rounds said he’s “fine” should Trump rescind the EO, but “there are some parts that we would like to codify, as well.” Provisions that help consolidate health care databases across federal agencies using AI technology, for example, have been useful, he said, adding that he will pursue legislation that codifies those provisions.

Obernolte "definitely” agrees on repealing what he perceives as the EO's anti-business aspects. For instance, it contains one provision that invoked the Defense Production Act and compels companies to disclose potential trade secrets related to AI technology, he said. That’s “inappropriate” use of the DPA, he said. Some aspects of the EO are an “overreach,” particularly in light of the U.S. Supreme Court’s Chevron reversal. Executive branch agencies shouldn’t be exercising authority that Congress hasn't “explicitly granted.”

Biden’s EO emphasized protecting safety, security, privacy, equity, civil rights and workers. Trump’s campaign platform said Republicans support “AI Development rooted in Free Speech and Human Flourishing.” House Speaker Mike Johnson, R-La., has discussed plans for eliminating AI red tape. Incoming Senate Majority Leader John Thune, R-S.D., has often worked across the aisle on AI legislation, particularly efforts that increase transparency of AI-related decisions.