House Energy and Commerce Committee Continues Exploration of AI Across Sectors; Maintains Focus on Privacy

Summary
The House Energy and Commerce (E&C) Committee continues to explore the role of AI across every sector of the economy, including health care, telecommunications, emerging technologies and energy. Data/Innovation: On October 18, 2023, the House E&C Subcommittee on Innovation, Data and Commerce held a hearing titled, “Safeguarding Data and Innovation: Setting the Foundation for the Use of Artificial Intelligence.” During the hearing, all witnesses and members on both sides of the aisle reiterated the need to build on the Committee’s efforts to advance the American Data Privacy and Protection Act (ADPPA; H.R. 8152) as a foundational step to AI regulation. Witnesses and members also discussed the benefit of increasing the fining authority of the Federal Trade Commission (FTC), mandating impact assessments for companies deploying or developing AI and watermarking AI-generated content. A full summary of the hearing is available here. Energy: On October 19, 2023, the Committee held a hearing to examine AI’s use in the energy sector, where Ranking Member Frank Pallone (D-NJ) also reiterated his concerns about the data privacy implications of AI technologies, stating, “I strongly believe that the bedrock of any AI regulation must be privacy legislation that includes data minimization and algorithmic accountability principles. Last year, Chair Rodgers and I worked in strong bipartisan fashion to pass the American Data Privacy and Protection Act out of our Committee by a vote of 50 to 2. I will continue to push for a comprehensive, national federal privacy standard.” In an op-ed for Bloomberg Law, Rep. Cathy McMorris Rodgers (R-WA), Chair of the House E&C Committee, and Rep. Jay Obernolte (R-CA), who was tapped by then-House Speaker Kevin McCarthy (R-CA) to lead an informal AI working group, urged passage of comprehensive federal privacy legislation to set the stage for AI regulation. Communications: The Committee’s Communications and Technology Subcommittee held a hearing on November 14, 2023, to examine the use of AI technology on communications networks. During the hearing, witnesses and Members on both sides of the aisle discussed implementation of the Biden-Harris Administration’s AI EO. While they noted the EO is a step in the right direction, participants called for concurrent legislative reforms, including disclosures of AI-generated content and algorithmic accountability standards. Committee leaders also reiterated the need for a federal privacy standard. A full summary of the hearing is available here.