November 4, 2024

This week decoded

While control of the White House and Congress will be determined by tomorrow’s U.S. general election, the executive branch continued to move forward on AI policymaking. The White House marked the one-year anniversary of Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Commerce announced a Notice of Funding Opportunity for AI and autonomous experimentation technologies supporting next-generation semiconductor manufacturing, while NIST announced NAIAC and Information Security and Privacy Advisory Board public meetings. HHS also announced a public forum on AI in healthcare safety.

 Meanwhile, members of Congress looked ahead to the post-election period, with correspondence focused on the lame duck NDAA, executive agency oversight, and curbing algorithmic amplification of misinformation and disinformation during and after the elections. 

Read more below

Congress

Hearings

• Congress is in recess until November 15. 

Legislation

• Rep. Summer Lee (D-PA) announced a House companion to the Eliminating Bias in Algorithmic Systems (BIAS) Act (introduced in the Senate by Sen. Ed Markey (D-MA)), which would mandate relevant federal agencies establish civil rights offices dedicated to combating algorithmic bias, discrimination, and associated harms and submit regular reports to Congress on risk mitigation actions. (Press release)

Correspondence

• Rep. Vern Buchanan (R-FL) sent a letter to leadership of the Senate and House Armed Services Committees urging 18 of his proposals be included in the final Fiscal Year 2025 National Defense Authorization Act (NDAA), including addressing global AI threats. (Press release)

• House Administration Chair Bryan Steil (R-WI) sent a letter to the U.S. Copyright Office requesting an update on the delayed release of reports examining AI and copyright law and guidance for industries using AI. (Letter)(Press release)

• House Select Committee on the Strategic Competition Between the United States and Chinese Communist Party Chair John Moolenaar (R-MI) and Ranking Member Raja Krishnamoorthi (D-IL) wrote to Commerce Secretary Gina Raimondo requesting Commerce “consider investigating leading photonics entities based in the People’s Republic of China (PRC) and consider amending the Commerce Control List (CCL) to explicitly include silicon photonics equipment and products.” (Letter)(Press release)

• Rep. Gerry Connolly (D-VA), with Reps. Sean Casten (D-IL), Lori Trahan (D-MA), and Shontel Brown (D-OH), sent a letter to executives at Meta, X Corp, TikTok, Instagram, YouTube, and Snap requesting information on “how they plan to ensure their platforms are not used to spread violence or threaten public safety in the months following Tuesday’s election,” including ensuring “algorithmic changes do not amplify harmful narratives during and after the election.” (Letter)(Press release)

Biden-Harris Administration

White House

• The White House released a fact sheet on “Key AI Accomplishments in the Year Since the Biden-⁠Harris Administration’s Landmark Executive Order.” (Fact sheet)

Department of Commerce

• Commerce announced a Notice of Funding Opportunity (NOFO) for the CHIPS AI/AE for Rapid, Industry-informed Sustainable Semiconductor Materials and Processes (CARISSMA) to fund AI and autonomous experimentation (AE) technologies to support the long-term viability of next-generation semiconductor manufacturing. CHIPS for America will hold a webinar on November 8 to provide general information and guidance on the NOFO, offer general guidance on preparing applications, and answer questions. The CHIPS Research and Development Office will hold a hybrid meeting for potential applicants on November 15. (Executive Summary)(Press release)(Registration)

National Institute of Standards and Technology (NIST)

• NIST announced the National Artificial Intelligence Advisory Committee (NAIAC) will hold a virtual briefing session on November 21, 2024, for invited guests to brief the full Committee on AI hardware and AI energy issues. Public comments on these topics may be submitted before November 19. (Registration) (Notice)

• The NIST Information Security and Privacy Advisory Board will meet on November 6-7, 2024 to discuss issues including “Update on NIST’s Information Technology Laboratory activities; Briefing from NIST on the NIST Security and Privacy Frameworks; Discussion on cybersecurity metrics and measurements; Presentation and discussion on vulnerability markets as a metric; Briefing on breach and incident response notification; Presentation from NIST on Small Business Corner Project; Presentation by industry on common weakness enumerations and their use; Update on the NIST Cybersecurity and Privacy Program; and Update on the Request for Information on Privacy impact assessments.” (Registration)(Notice)

National Institute of Standards and Technology (NIST) and the Department of Energy (DOE)

• NIST and DOE announced a memorandum of understanding (MOU) to collaborate on safety research, testing, and evaluation of advanced AI models and systems, with a focus on “developing classified evaluations of advanced AI models’ chemical and biological risks, as well as developing and evaluating evaluate privacy enhancing technologies that aim to protect personal and commercial proprietary data.” (Press release)  

Department of Health and Human Services (HHS)

• The Executive Order on AI directed HHS to establish an AI in Healthcare Safety Program in partnership with federally listed Patient Safety Organizations (PSOs). HHS will host a public forum to solicit input on implementation of the program. (Notice)

Treasury Department

• In its first-ever National Strategy for Financial Inclusion in the United States, Treasury included a discussion of digital identity, “Digital identification tools may also have the potential to be used in a manner that advances financial inclusion by facilitating customer account opening in compliance with customer identity verification requirements. These tools include the development and implementation of secure, privacy-preserving, consent-based digital identity solutions, such as state mobile drivers’ licenses and other government-issued digital identity credentials with appropriate assurance levels.” (Report)

Noteworthy Quotes and Events

ADMINISTRATION

White House

• During introductory remarks at a press briefing, White House Press Secretary Karine Jean-Pierre said, “Next, one year ago today, President Biden issued a landmark executive order to ensure that America leads the way in seizing the promise and managing the risks of A.I. The executive order directed sweeping actions to manage security risks, protect Americans’ privacy, advance civil rights, and stand up for consumers and workers, and promote innovation and competition. Today, President Biden announced that federal agencies have completed on schedule each action that the executive order tasked for this past year, more than a hundred in all. As President Biden has said, A.I. is the most consequential technology of our time. The president and the vice president will continue working to ensure that this technology is developed in a way that works for the American people.” (Transcript)

• The White House released a transcript of a background press call with senior Administration officials on the Treasury final rule on outbound investment. (Transcript)

• The White House released a readout of the White House Task Force on AI Datacenter Infrastructure meeting with Secretary of Energy Jennifer Granholm, National Economic Advisor Lael Brainard, Senior Advisor to the President for International Climate Policy John Podesta, National Climate Advisor Ali Zaidi and representatives from power companies, grid operators, software companies, NGOs, and other stakeholders on ways “advanced computing and software solutions, including artificial intelligence (AI), can accelerate grid integration of clean energy.” (Readout)

Commerce Department

• On the CARISSMA funding opportunity, Secretary of Commerce Gina Raimondo said, “The key to protecting the United States’ long-term competitiveness hinges on our technological leadership. Because of the Biden-Harris Administration’s CHIPS and Science Act, we are harnessing new cutting-edge technologies like AI/AE and creating a pipeline from lab to fab to out-run and out-innovate the rest of the world. This research opportunity will bring industry the tools they need within five years and spur innovation in sustainability for years to come.” (Press release)

• On the CARISSMA funding opportunity, Assistant to the President for Science and Technology and Director of the White House Office of Science and Technology Policy Arati Prabhakar said, “As President Biden and Vice President Harris say, America must win the competition for the 21st century. Efforts like this one are how we get it done. Thanks to President Biden’s CHIPS and Science Act, we’ll use AI to accelerate the extremely complex research needed to develop sustainable materials for the extremely complex semiconductors of the next generation. This will help manufacturers continue to succeed and thrive here at home.” (Press release)

• On the CARISSMA funding opportunity, Under Secretary of Commerce for Standards and Technology and National Institute of Standards and TechnologyDirector Laurie E. Locascio said, “AI/AE facilitates virtual collaboration to solve difficult research problems, thereby lowering barriers to participation by emerging research institutions. This ultimately strengthens our ability to engage a diverse workforce to solve the semiconductor industry’s greatest challenges.” (Press release)

• Marking the one-year anniversary of the Biden Executive Order on AI, Secretary of Commerce Gina Raimondo said, “President Biden instructed me and leaders across the Administration to pull every lever to keep pace with rapid advancements in AI to mitigate the risks so we can harness the benefits. Over the last year, that is precisely what we’ve done at Commerce, building a national AI safety institute, collaborating with leaders in industry, academia, and civil society, and working with partners and allies around the world to write the rules of the road on AI. We’ve made tremendous progress over the last year, but we’re clear-eyed on the work that remains. We’re going to continue charging ahead to fulfill the goals of this historic EO to spur the safe development and deployment of AI in our societies.” (Press release)

• On the NIST/DOE MOU, Secretary of Commerce Gina Raimondo said, “By empowering our teams to work together, this partnership with the Department of Energy will undoubtedly help the U.S. AI Safety Institute and NIST advance the science of AI safety. Safety is key to continued innovation in AI, and we have no time to waste in working together across government to develop robust research, testing, and evaluations to protect and advance essential national security priorities.” (Press release)  

• On the NIST/DOE MOU, Secretary of Energy Jennifer Granholm said, “There’s no question that AI is the next frontier for scientific and clean energy breakthroughs, which underscores the Biden-Harris Administration’s efforts to push forward scientific innovation in a safe and secure manner. Across the federal government we are committed to advancing AI safety and today’s partnership ensures that Americans can confidently benefit from AI-powered innovation and prosperity for years to come.” (Press release)  

CONGRESS

• Rep. Mike Flood (R-NE) issued a press release following his annual Flyover Fintech event, saying, “It was an honor to host hundreds of leaders for another successful Flyover Fintech conference in Lincoln. The conference covered a wide range of topics with panels on everything from AI’s impact on housing to cybersecurity. It was a pleasure to host Financial Services Committee Chairman Patrick McHenry for a fireside chat and Congressman Andy Barr as one of our keynote speakers. I look forward to future Flyover Fintech conferences that continue to showcase how the Silicon Prairie is thriving in the First District and beyond.” (Press release)

• On the Treasury final rule implementing the outbound investment order, House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party Chair John Moolenaar (R-MI) said, “I commend the Administration on this strong but long overdue step. Now, as the Select Committee’s investigations into the financial industry have shown, more must be done to ensure American money no longer fuels the Chinese Communist Party’s military build-up, its technological ambitions, or its ongoing genocide. Congress should build on these rules and address a broader set of technologies and transactions that threaten our national security. I look forward to working with my colleagues to pass comprehensive outbound investment legislation that cuts off the flow of money to the CCP, protects our country, and provides long-term clarity to American investors.” (Press release)

• On the Treasury final rule implementing the outbound investment order, House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party Ranking Member Raja Krishnamoorthi (D-IL) said, “This announcement marks a watershed step forward in our strategic competition with the CCP. I applaud the Biden-Harris Administration for finalizing this critically important rule, which will help ensure American investment and know-how do not support the CCP’s development of advanced AI, semiconductor, and quantum technologies that threaten our national security. These are the same technologies where the Select Committee’s outbound investment investigations uncovered billions of dollars of problematic investments. Now we have an opportunity to build upon this triumph, both at home and on the global stage. Informed by the Select Committee’s investigatory findings, the United States should explore additional guardrails to ensure U.S. investment in advanced PRC technology does not threaten our security or contribute to violations of human rights. And we should do so in concert with our friends and partners, so the impact of this important work is even stronger.” (Press release)

• On the Treasury final rule implementing the outbound investment order, Sen. Bob Casey (D-PA) said, “When we allow American businesses to invest in Chinese sectors like AI and semiconductors, we’re putting our national security and our economic future at risk. This rule is an important step to protect U.S. technology and expertise from falling into the hands of the Chinese Communist Party. This rule is a good start and I will keep fighting to pass my bipartisan legislation to make permanent an outbound investment screening program.” (Press release)

• House Foreign Affairs Committee Majority tweeted, “CHM RepMcCaul: ‘The Chinese Communist Party seeks is exploiting U.S. AI applications like Meta’s Llama for military use. That’s why my committee-passed, bipartisan ENFORCE Act needs to become law—to keep American AI out of China’s hands. The CCP is not our friend, and we must prevent them from using American tech to undermine freedom and democracy.”
• Rep. Tom Kean (R-NJ) tweeted, “Artificial intelligence should never be weaponized to harm individuals. Using AI to manipulate someone’s image and identity without their consent is a violation of the right to privacy. We must all work together to improve our awareness of artificial intelligence’s capabilities to prevent individuals from being attacked by deepfakes.”

• Kean also tweeted, “No one should have to endure the pain of having their image manipulated by deepfakes from artificial intelligence. We must work together to prevent digital exploitation and strengthen our knowledge of artificial intelligence and its consequences. That is why I introduced the AI Labeling Act, which will require clean and conspicuous disclosure for all image, video, audio, or multimedia AI-generated content. By ensuring clarity in how AI is used, we can protect individuals from the misuse of this technology. As AI technology rapidly evolves, we must ensure transparency and clarity are built into its use, so we can protect ourselves from abuse and prevent harm. I am committed to making sure that AI works to serve the public good, not undermine it.”

• Kean also tweeted, “Recently, the HouseScience passed my bill, the Literacy in Future Technologies (LIFT) Artificial Intelligence Act. This bipartisan bill would authorize the National Science Foundation to award research grants for the development of AI literacy courses. By enhancing children’s understanding of AI from early on, aspects of their everyday lives, work productivity and social circles will be greatly improved. I am committed to ensuring that our children and educators have the ability and opportunity to successfully navigate today’s rapidly evolving technological environment.”

• Retweeting a CNN story, Sen. Rick Scott (R-FL) tweeted, “My heart is shattered by the loss of this young Floridian. As we pray for Sewell’s family, we must act to stop this from happening again. It’s time to pass my ASK Act to protect our kids from AI & give parents the power to decide what their kids are exposed to online.”
• Reposting an NBC story, Sen. Jeanne Shaheen (D-NH) tweeted, “Add the scary threat artificial intelligence-generated deepfakes pose to the spookiest day of the year. Can you spot the fakes?”

• Sen. Elizabeth Warren (D-MA) tweeted, “It’s dystopic: Tech companies are selling people’s location data, including trips to abortion clinics, to law enforcement. Because of Trump, 20+ states have restricted abortion, and they could use this to track patients down. I have a bill to protect this data. We must pass it.”

• Rep. Sara Jacobs (D-CA) tweeted, “In the post-Roe era, abortion surveillance and criminalizing abortion are becoming the norm, which could lead to devastating consequences if our reproductive health data falls into the wrong hands. That’s why we need to pass my bill – the My Body, My Data Act.”

• Rep. Elissa Slotkin (D-MI) tweeted, “Today the EU officially began imposing tariffs as high as 45% on Chinese EVs – but there’s a real cautionary tale about how they got here for us in the U.S. China clearly has a plan when it comes to cars: flood global markets with heavily subsidized EVs, under-sell local car makers with rock-bottom prices, and dominate markets for future generations of cars and trucks. In Europe, Chinese-made EVs have increased their market share nearly seven-fold in just three years. And in Mexico, China is seeking to build factories that could allow it entry into the U.S. market. To be clear, this isn’t just about economic security. Chinese vehicles – including those from companies like BYD – have sophisticated cameras, radar, & geolocation allowing them to gather sensitive data on Americans & our critical infrastructure.”

• Rep. Summer Lee (D-PA) tweeted, “AI bias is real, and it’s hurting Black and brown folks every day. Today, I’m introducing the Eliminating BIAS Act with Sen Markey to make sure tech works for us—not against us. It’s time to bring fairness and transparency into our government’s use of AI.”

• Sen. Ed Markey (D-MA) tweeted, “I’m glad that Rep. Summer Lee has introduced the House version of my Eliminating BIAS Act. We must make sure that our government has the tools, resources, and personnel to protect marginalized communities and mitigate AI’s harmful effects.”

• Rep. Yvette Clarke (D-NY) tweeted, “As CybersecurityAwarenessMonth comes to a close, the Age of AI continues to evolve. It is critical we bolster our cyber hygiene and stay vigilant of mis- and disinformation campaigns from threat actors intending to sow chaos into our daily lives.”

• Clarke also tweeted, “As cybersecurityawarenessmonth comes to a close, we must ensure our elections are secure from scammers targeting Americans to steal their data, sell merchandise, and fraudulently solicit campaign contributions.”

• Rep. Gabe Amo (D-RI) tweeted, “Got to have a great conversation with my friend Mayor Bob DaSilva last week! We discussed everything from my Pawtucket beginnings to my recent work in Congress on bills like the LIFT AI Act, as we work to ensure a strong future for RI.”

About Zero One Strategies

Zero One Strategies is a boutique government relations practice dedicated to navigating the complex landscape of U.S. federal policy in emerging technologies. As advancements in technology continue to outpace regulatory frameworks, Zero One Strategies aims to provide strategic guidance and bipartisan advocacy for innovators and businesses operating at the forefront of technological development.

The practice focuses on key areas such as artificial intelligence, blockchain, decentralized technologies, cybersecurity, data, and digital infrastructure, as well as the multiple policy issues impacting these sectors, including tax and financial services.

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