Political divisions and election year politics cause AI legislation to break down in 2024.

In the fact sheet accompanying the executive order, the White House also speaks of working with Congress on bipartisan AI legislation so that the United States can lead global responsible innovation for the technology. The order’s urgency and accelerated timelines are likely requirements that reflect not only the speed with which the underlying technology is advancing but also the impending electoral season—with its possibility of executive turnover and the certainty of political distraction throughout the Capitol. In his remarks announcing the executive order, President Biden referenced existing congressional initiatives, such as Senate Majority Leader Chuck Schumer’s (D-N.Y.) SAFE Innovation Framework, that are building toward the development of bipartisan AI legislation. A cornerstone of Schumer’s approach is to fast-track the development of such legislation by bringing together members of Congress, industry leaders, and members of civil society in a series of AI Insight Forums. Those forums have concluded, and reports indicate that legislative drafting has commenced. However, some senators have expressed frustration with the nature of the process and have moved forward with their own AI legislation. Sen. Josh Hawley (R-Mo.), for example, long interested in opening up avenues for plaintiffs to sue technology companies directly, recently attempted to introduce a bill to clarify that Section 230’s liability shield does not apply to generative AI. Whether a truly bipartisan agreement on AI legislation can be reached in Congress in an election year is by no means assured.