Memo: AI Questions for Commerce Secretary Nominee Howard Lutnick

January 28, 2025

Background

Howard Lutnick, nominated by President Trump as the US Commerce Secretary, has not publicly stated artificial intelligence (AI) policy positions.

Following President Trump's recent executive action repealing President Biden's AI executive order on "Safe, Secure and Trustworthy Development and Use of Artificial Intelligence," questions have emerged about the future of US government AI oversight, including the US AI Safety Institute, which previously required companies to submit reports about their AI model training processes.

The US Commerce Secretary has historically played a crucial role in shaping AI policy. Under the new administration, the Department's AI regulation and oversight priorities are expected to shift significantly. As Commerce Secretary, Lutnick will represent US technology interests internationally, including taking positions critical of European Union technology regulations the new administration sees as negatively holding back American Big Tech.

The 2024 Republican Platform calls for repealing what it describes as "Biden's dangerous Executive Order that hinders AI Innovation" and advocates instead for "AI Development rooted in Free Speech and Human Flourishing."

Similarly, President Trump’s January 23 executive order states that “it is the policy of the United States to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.”

However, it is still unclear what the Trump Administration means by “human flourishing” and whether it intends to make safe AI a part of our national security agenda.

Here are five questions the Center for AI Policy (CAIP) will be looking to hear asked of Commerce secretary nominee Howard Lutnick:

1) In keeping with the United States policy established in Section 2 of the current administration's Executive Order on AI, what role does the nominee envision for US leadership in setting global AI standards and benchmarks, promoting alignment of AI development with American values, and strengthening responsible AI development practices?

2) Does the nominee believe the continuation of the US AI Safety Institute (AISI), or a reconstituted entity, is vital to American leadership in AI technology?

3) Does the nominee believe Congress should pass explicit whistleblower protections for AI employees who report when a company has broken the law, failed to adhere to public safety commitments, or created an AI model that risks causing massive harm?

4) Will the nominee support legislation establishing programs that bring cybersecurity researchers and AI companies together to discuss cybersecurity best practices? And does the nominee believe America needs “Cyber Incident Reporting for Critical Infrastructure (CIRCI)” legislation to ensure safe AI?

5) Does the nominee believe AI companies training the most powerful models should also be required to engage in minimum safety planning and share those plans with the government?

AI demands Commerce Department leadership

The Center for AI Policy (CAIP) believes that the next US Commerce Secretary must take a stand on advancing AI safety.

The American public deserves to hear the nominee's plans for protecting America against unsafe and reckless AI.

Howard Lutnick's confirmation hearing is an excellent opportunity for him to go on record and tell the public what he plans to do about AI.

CAIP will be watching to find out.

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