Technology, artificial intelligence in focus for the Biden Administration and the 117th Congress Seen through the lens of competition with China -…

As the new administration staffs up and Capitol Hill lawmakers begin to contemplate post-pandemic priorities, countering Chinas advances in artificial intelligence and other disruptive technologies has emerged as a major driving force for US policymakers. This alert provides a summary of expected new AI-related legislation, an overview of a recent report by the National Security Commission on Artificial Intelligence, highlights of the Biden Administrations approach to technology/AI as well as the key AI-related policymakers in the Administration and in Congress.

Three developments in the last month signal a focused mindset of policymakers in Washington, DC to counter China on technology:

Washington sees maintaining and extending US leadership in technological innovation as a vital national security imperative, both:

While a strategic imperative to move fast and out-compete China is prevalent in the highest levels of the federal government, progressive elements of the Democratic majorities in the Congress may advocate for cautionary breaks and regulatory guardrails to this rapid technology development, such as AI algorithmic impact assessments, audits and penalties for developers of AI applications.Europeis currently considering some of the strictest AI regulations in the world today, and US policymakers will likely face pressure across the Atlantic to issue further guidance or even consider targeted, agency-specific regulations of high-risk AI applications.

AI and the great power competition

The March 1 NSCAI final report could be seen by some as a wake-up call since the report highlights that other nations are not standing idly by and thus some experts believethe Defense Department must move beyond the legacy systems that have defined military planning for decades. The findings, quarterly recommendations and stark conclusions of the report have reverberated in high-level defense and foreign policy circles and sounded the alarm to members of congress, staff and the general public.

Eric Schmidt, Chairman of the NSCAI, declared the AI competition with China is a national emergency and a threat to our nation unless we get our act together with respect to focusing on AI in the federal government and international security.

The 15-member Commission composed of technologists, business executives, academic leaders and national security professionals was created under the fiscal year 2019 National Defense Authorization Act (NDAA) to consider the methods and means necessary to advance the development of artificial intelligence, machine learning, and associated technologies to comprehensively address the national security and defense needs of the United States.

Among the NSCAI reports takeaway headlines:

The Commissioners focused on four pillars for immediate action:

Many of these recommendations, which span the entire federal government, have a good shot at serious legislative consideration, with the fiscal year 2022 National Defense Authorization Act being the most likely vehicle to carry many of the policy proposals.

New administration, similar competitive tech concerns about China

While President Biden has used his executive powers to reverse a host of policies enacted by his predecessor, one area of potential continuity from the Trump era is an aggressive posture towards China.

Other Biden Administration technology/AI initiatives and personnel

The pending rule is part of a broader effort to secure US supply chains, bolster US manufacturing and enhance the role of science, particularly at a time when a global shortage of semiconductor chips is causing severe production cutbacks in automotive and consumer electronics manufacturing.

President Biden hasannounceda number of appointments and nominations of officials who will take leading roles on AI and related issues and has raised the profile of key posts with jurisdiction over cyber and technology issues.

In his first major speech as Americas top diplomat, Secretary of State Anthony Blinken said:

Advancing US tech to counter China a big priority on Capitol Hill

Senator Schumer, leader of the newly minted Democratic majority in the Senate, has directed the chairs and members of our relevant committees to start drafting a legislative package to out-compete China and create new American jobs.

Congress laid some of the groundwork for implementing a more comprehensive national AI strategy with the passage on New Years Day (over Trumps veto) of the FY 2021 NDAA, which incorporated theNational AI Initiative Act.The White House on January 12 fulfilled the laws requirement to establish the National AI Initiative Office, responsible for coordinating AI research and policymaking across government, industry and academia.

The National AI Initiative Act, also known as Division E of the NDAA, was the most significant AI legislation to date to be enacted by Congress and will serve as thefoundationfor non-defense AI policy for the federal government in the years ahead. Division E established a coordinated, civilian-led federal initiative to accelerate research and development and encourage investments in trustworthy AI systems for the economic and national security of the United States. The legislation authorizes policies and significant funding for the National Science Foundation (NSF), National Institute of Standards and Technology (NIST) and Department of Energy.

In the 117th congress, a shift of focus will turn to monitoring implementation of this legislation and appropriating additional dollars to resource the initiative. Democratic majorities in both the House and Senate can be expected to apply a greater amount of attention and scrutiny over AI applications and their outcomes. Industry should expect increased policy and regulatory focus on ensuring accountability of AI through impact assessments and audits of AI algorithms. In her confirmation hearing, newly sworn in Commerce Secretary Gina Raimondo pledged to work with Congress on a bipartisan basis as part of the Advisory Committee on AI required by the defense policy bill. Raimondos department has jurisdiction over key science policy bureaus, including NIST.

The House Armed Services Committee has established a new Subcommittee on Cyber, Innovative Technologies, and Information Systems, with Representative James Langevin (D-RI) as chair and House AI Caucus member Elise Stefanik (R-NY) as ranking member. AI Caucus member and Endless Frontiers Act sponsor Representative Ro Khanna (D-CA) is also on this subcommittee.

Additional key congressional players on AI issues

Senator Rob Portman (R-OH), co-founder and co-chair of the Senate AI Caucus, announced that his current term will be his last and he will not seek re-election in 2022. But he has demonstrated that he will continue to be a leading voice on AI issues over the next two years, including in his capacity as ranking member of the Homeland Security and Governmental Affairs Committee which, among other responsibilities, has authority to investigate the efficiency, economy and effectiveness of all agencies and departments of the government.

Senator Martin Heinrich(D-NM), fellow co-chair and co-founder of the AI Caucus, is moving to the Appropriations Committee. He authored the SenatesArtificial Intelligence Initiative Actin 2019.

Many of the provisions included in that legislation became law via the FY21 NDAA being enacted on New Years Day 2021. Senator Heinrich is likely to continue pushing forresponsible and trustworthyAI funding and policies for government agencies while providing congressional oversight of the newly created White House National AI Initiative Office.

Representative Jerry McNerney (D-CA)continues as the Democratic Co-Chair of the House AI Caucus. He is particularly passionate and focused on AI workforce and research issues and is a member of the House Science Committee.

Representative Anthony Gonzalez (R-OH) will take over as the Republican co-chair of the House AI Caucus. Gonzalez, now in his second term, was not a member of the AI Caucus previously, but he was part of abipartisan group of House memberswho called on NIST to develop a framework on strategies, guidelines and best practices for AI that will bolster innovation and ethical practices in developing and implementing artificial intelligence across the US. He is also interested in AI impacts on the workforce as a representative from the rustbelt.

Current AI Caucus membership in the 117thCongress:

Senate AI Caucus

CO-CHAIRS

Martin Heinrich (D-NM)

Rob Portman (R-OH)

MEMBERS

Brian Schatz (D-HI)

Joni Ernst (R-IA)

Gary Peters (D-MI)

Mike Rounds (R-SD)

Maggie Hassan (D-NH)

House AI Caucus

CO-CHAIRS

Jerry McNerney (D-CA-09)

Anthony Gonzalez (R-OH-16)

MEMBERS

Don Beyer (D-VA-08)

GK Butterfield (D-NC-01)

Andr Carson (D-IN-07)

Emanuel Cleaver II (D-MO-05)

Suzan DelBene (D-WA-01)

Mark DeSaulnier (D-MA-11)

Nanette Diaz Barragn (D-CA-44)

Debbie Dingell (D-MI-12)

Anna G. Eshoo (D-CA-18)

Bill Foster (D-IL-11)

Josh Gottheimer (D-NJ-05)

Pramila Jayapal (D-WA-07)

Henry C. "Hank" Johnson (D-GA-04)

Ro Khanna (D-CA-17)

Derek Kilmer (D-WA-06)

Brenda Lawrence (D-MI-14)

Ted Lieu (D-CA-33)

Michael McCaul (R-TX-10)

Bobby Rush (D-IL-01)

Brad Sherman (D-CA-30)

Darren Soto (D-FL-09)

Elise Stefanik (R-NY-21)

Steve Stivers (R-OH-15)

Marc Veasey (D-TX-33)

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Technology, artificial intelligence in focus for the Biden Administration and the 117th Congress Seen through the lens of competition with China -...