In response to the surge of attention, excitement, and fear surrounding AI developments since the release of OpenAI’s ChatGPT in November 2022, governments worldwide have rushed to address the risks and opportunities of AI. In the United States, policymakers have sharply disagreed about the necessity and scope of potential new AI legislation. By contrast, stakeholders ranging from government officials and advocates to academics and companies seem to agree that it is essential for policymakers to utilize existing laws to address the risks and opportunities of AI where possible, especially in the absence of congressional action.
What this means in practice remains unclear. What are the statutory authorities and policy levers available to the federal government in the context of AI? And how should policymakers use them? To date, there has been no comprehensive survey to map the federal government’s existing ability to impose guardrails on using AI across the economy. In 2019, the Trump administration issued Executive Order 13859, which directed agencies to “review their [regulatory] authorities relevant to applications of AI.” Subsequent 2020 OMB guidance further required: “The agency plan must identify any statutory authorities specifically governing agency regulation of AI applications, as well as collections of AI-related information from regulated entities.” Unfortunately, it appears that only the U.S. Department of Health and Human Services (HHS) responded in detail.
Since taking office, the Biden administration has taken critical strides to prepare the federal government for the potential proliferation of AI. Its 2023 executive order on AI and subsequent 2024 OMB memo on “Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence” (OMB M-24-10 AI guidance) directed agencies to undertake specific AI-related tasks and provided guidance on federal agency use of AI.
But what comes next? These Biden administration actions hardly represent the culmination of federal interventions into or involvement with AI. As technologies advance, new risks and benefits will emerge, sometimes demanding new federal responses. Agencies must be ready to deploy every tool at their disposal to ensure that everyday Americans benefit from these advancements rather than just tech giants developing new models.
With that in mind, GFI and CAP undertook research identifying existing authorities that can be used to address AI issues. This initial report selected a sample of federal agencies:
The White House and its subordinate agencies (Chapter 1)
The Department of Labor (Chapter 2)
The Department of Education (Chapter 3)
Housing regulators (Chapter 4)
Financial regulatory agencies (Chapter 5):
The Treasury Department
The Office of the Comptroller
The Board Governors Federal Reserve System
Federal Deposit Insurance Corporation
Commodity Futures Trading Commission
National Credit Union Administration
Securities Exchange Commission
Consumer Financial Protection Bureau
Financial Stability Oversight Council
This report includes a chapter for each above-mentioned agency covering:
An overview intersection with AI
AI risks opportunities within jurisdiction
Current state efforts addressing
Relevant authorities invoked regulate
Recommendations using identified authority regulate
Recognizing many readers may only be interested in specific agencies each chapter designed independently understood other chapters accessible online PDF form fact sheets detailing recommendations available both formats.
When OpenAI released its ChatGPT large language model generative chatbot public November quickly became one fastest-growing consumer technology applications ever Generative ability generate synthetic text images audio video represents user-accessible form poised interface control devices programs directly Meanwhile behind scenes automated systems increasingly control healthcare finance housing decisions finance sector lenders deploy based systems make lending decisions depend third-party models guide Similarly housing employed both public private screening set affect almost every sector economy Bill Gates suggested living Age technological inflection point momentous invention personal computer internet mobile phone explosion growth raised immediate concern among public lawmakers regulators society best respond challenges clear solutions real benefits harms far less critically important address spreads rapidity seen recent imperative examine tools toolkit legislation years draft pass implement existing exercised now Passing vital imminently forthcoming Congress Senate Majority Leader Chuck Schumer hosted series eight closed-door insight forums senators leading experts culminated May white paper Sen previously announced approach through regular order committee process Meanwhile House Representatives did not announce bipartisan task force February clear legislative path outlined To date most done hold numerous hearings prospects comprehensive appear distant primary actor policy space likely continue executive branch Trump issued two orders included requiring regulatory identify submit complied wake immediately began announce steps building Blueprint Bill Rights started voluntary commitments leading companies culminated October March memorandum Advancing Governance Innovation Risk Management Use crucial task moving forward scope existing absence International Association Privacy Professionals noted short term consist more figuring apply passing applying new-specific enforcement repeated strongly enforcement Congress made clear unambiguous position ensure complies promote robust technical evaluations careful oversight engagement affected communities rigorous regulation further notes enforce protection principles enact appropriate safeguards against fraud unintended bias discrimination infringements privacy other harms Additionally Vice President Kamala Harris stated ahead congressional action many reflect longstanding commitment transparency accountability consumer protection enforceable currently apply echoed early Justice DOJ Trade Commission CFPB Equal Employment Opportunity EEOC April joint statement clearly said Existing legal authorities apply innovative practices press accompanying Chair Lina Khan There exemption books April enforcement Joint Enforcement Civil Rights Fair Competition Consumer Protection declared pledge vigorously collective protect individuals rights regardless violations occur traditional advanced technologies bipartisan Working Group led along Sens Mike Rounds Martin Heinrich Todd Young believes related consistently effectively developers deployers users Despite consensus need novel applications work remains true statutes allow regulations implementation still updated accordingly central challenge identifying specificity adapt revise regimes era Inspired HHS response request catalog recognizing deeper undertaken extensive outline potential leverage challenges presented joint offers initial utilizing engaged intensive effort canvas potential recommendations analysis statues consultation numerous subject matter experts review various stakeholders purport perfectly even selected consideration Instead aims highlight strongest intersection actionable revealed making significant progress For example FTC led considering applying Commerce actively exploring utilizing concerns more covered every state leveraged similar valuable encourage yet inventory applicable authors note definition Defense Authorization Act established Initiative used Safe Secure Trustworthy Development repeated reference Appendix I Purposes Presumed Safety-Impacting Rights-Impacting understanding strengths limitations essential helping needed future advocated continues broader online services necessary growing challenges For past largely failed meaningful policy exception banning single application believe unsustainable status quo current dysfunction inspire confidence imminent continued dysfunction does inspire action imminent event level along remain sole addressing America detailed prescriptive initial tasking outlining eight policies principles ambitious attempt direct thinking subsequent stage goal definitive agenda range proposals could assemble roadmap Some prove especially effective worth pursuing Ultimately hope feedback policymakers civil society groups private firms promising exhaustive step begins adopting contained While opinions proposals solely views thank following individuals helpful contributions Aiha Nguyen Data Society Alvin Velasquez Brian Chen David Brody Lawyers Committee Civil Rights Under Law Jesse Lehrich Accountable Tech Kate Dunn National Fair Housing Alliance Kristin Woelfel Center Democracy Technology Mariah De Leon Upturn Matt Scherer Michael Akinwumi Michele Evermore Century Foundation Michelle Miller Labor Just Economy Natasha Duarte Sarah Myers West Now Institute Snigdha Sharma Tanya Goldman Workshop also thank staff Maggie O’Neill Zachary Geiger Alice Lillydahl David Madland Karla Walter Marc Jarsulic Alex Thornton Lilith Fellowes-Granda Jared Bass Lisette Partelow Molly Weston Williamson Veronica Goodman Rozina Kiflom Mona Alsaidi Audrey Juarez Nicolas Del Vecchio Christian Rodriguez Carl Chancellor Beatrice Aronson Steve Bonitatibus Shanée Simhoni Bill Rapp Chester Hawkins Keenan Alexander Sam Hananel Billy Flanagan
