A common refrain is that the government is doing nothing about AI. This is not accurate—there is already a lot being done by the government. The following is a list of the regulations already in place. The need for more comprehensive AI regulation should be challenged.

Key documents of AI policy #

• NIST’s AI Risk Management Framework See also NIST’s additional resources

White House Actions under Biden-Harris #

• Executive Order on Advancing United States Leadership in Artificial Intelligence Infrastructure
• Vice President Harris Announces OMB Policy to Advance Governance, Innovation, and Risk Management in Federal Agencies’ Use of Artificial Intelligence (March 28, 2024)
• National Artificial Intelligence Research Resource (NAIRR) pilot (January 2024)
  • Launched by NSF. Provides researchers with resources for responsible AI research.
• Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence (October 30, 2023)
  • 90 Day Progress (January 29, 2024)
  • 180 Day Progress (April 29, 2024)
  • 270 Day Progress (July 26, 2024)
  • Stanford HAI’s Tracking U.S. Executive Action on AI
• Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by AI (July 21, 2023)
• New Steps to Advance Responsible Artificial Intelligence Research, Development, and Deployment (May 23, 2023)
  • Big impact created: In May 2023, the Biden-Harris administration updated the National AI Research and Development Strategic Plan, emphasizing a principled and coordinated approach to international collaboration in AI research.
• New Actions to Promote Responsible AI Innovation that Protects Americans’ Rights and Safety (May 4, 2023)
  • OSTP releases National AI R&D Strategic Plan—updated for the first time since 2019.
• Biden-Harris Administration Tackles Racial and Ethnic Bias in Home Valuations (March 23, 2023)
• Executive Order on Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government (February 26, 2023)
• Blueprint for an AI Bill of Rights (October 4, 2022)
• Key Actions to Advance Tech Accountability and Protect the Rights of the American Public (October 4, 2022)
• Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (January 20, 2021)

White House Actions under Trump #

• Guidance for Regulation of Artificial Intelligence Applications In January 2020, the Office of Management and Budget (“OMB”) published a draft memorandum featuring 10 “AI Principles”[8] and outlining its proposed approach to regulatory guidance for the private sector which echoes the “light-touch” regulatory approach espoused by the 2019 Executive Order.
• Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government EO 13960
  • Directed agencies to conduct an annual inventory of their AI use cases and publish them to the extent possible, resulting in the AI Use Case Inventory
• Maintaining American Leadership in Artificial Intelligence EO 13859
  • Attempts to ensure American leadership in R&D related to AI.
• EO 13694
  • Blocks the purchase of IaaS capable of supporting certain AI models by non-US persons known/suspected to engage in malicious cyber activities.
• EO 13984
  • Ensures that providers offering United States IaaS products verify the identity of persons obtaining an IaaS account and maintain records of those transactions.

OMB Requests #

• Memorandum: Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (March 28, 2024)
• Identifying Priority Access or Quality Improvements for Federal Data and Models for Artificial Intelligence Research and Development (R&D)
  • Identifies needs for additional access to, or improvements in the quality of, Federal data and models.
• Guidance for Regulation of Artificial Intelligence Applications
  • Calls on agencies, when considering regulations or policies related to AI applications, to promote advancements in technology and innovation while protecting American technology, economic and national security, privacy, civil liberties, and other American values.
• Privacy Impact Assessments
  • Requests public input on how privacy impact assessments (PIAs) may be more effective at mitigating privacy risks, including those exacerbated by AI and other technology/data capabilities.
• Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence
  • Establishes new agency requirements in areas of AI governance, innovation, and risk management, and directs agencies to adopt specific minimum risk management practices for uses of AI that impact the rights and safety of the public.
• Responsible Procurement of Artificial Intelligence in Government
  • Develops an initial means to ensure that agency contracts for the acquisition of AI systems and services align with the guidance provided in the AI M-memo and advance other aims identified in the Advancing American AI Act (“AI Act”).

Agency Actions #

National Telecommunications and Information Administration (NTIA) #

• AI Accountability Policy Request for Comment

National Institute of Standards and Technology (NIST) at the Department of Commerce #

• NIST AI Risk Management Framework
  • On April 29, 2024, NIST released a draft publication based on the AI Risk Management Framework (AI RMF) to help manage the risk of Generative AI.
  • The draft AI RMF Generative AI Profile can help organizations identify unique risks posed by generative AI and proposes actions for generative AI risk management aligned with their goals.
  • Developed over the past year with input from a public working group of more than 2,500 members, focusing on 12 risks and 400+ actions developers can take.
  • More information.
• NIST AI 100-1
• U.S. AI Safety Institute (U.S. AISI) — November 2023

U.S. Equal Employment Opportunity Commission (EEOC) #

• Artificial Intelligence and Algorithmic Fairness Initiative
  • New Guidance on Use of Artificial Intelligence in Hiring (June 6, 2023)
    • Title VII Guidance on employer use of AI and other algorithmic decision-making tools.
  • EEOC Settles First AI-Discrimination Lawsuit (August 10, 2023)
    • The EEOC settled its first-ever AI discrimination in hiring lawsuit. iTutorGroup Inc. will pay $365,000 to a group of rejected job seekers age 40 and over. More info.
  • Joint Statement on Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems (April 4, 2024)
    • With the Consumer Financial Protection Bureau, the Justice Department’s Civil Rights Division, and the Federal Trade Commission.

Consumer Financial Protection Bureau (CFPB) #

• Joint Statement on Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems (April 4, 2024)
  • With the Justice Department’s Civil Rights Division, EEOC, and FTC.
• CFPB and Federal Partners Confirm Automated Systems and Advanced Technology Not an Excuse for Lawbreaking Behavior
• Generative AI Chatbots Warnings
  • The CFPB warns banks about using AI chatbots that fail to provide timely or straightforward answers.
• AI Requirements for Creditors
  • May 2022: CFPB circular asserting creditors using AI in credit decisions must still provide specific adverse action notices.
  • September 2023: CFPB circular reaffirms the same.
  • June 2023: CFPB report warns financial institutions about legal obligations when deploying chatbot technology.
  • June 2023: CFPB proposed rule mandating entities adopt policies to ensure certain AI models used in credit decisions adhere to quality control standards.
    • Comment period closed; no final action yet.
  • See also analysis.

Food and Drug Administration (FDA) #

• Draft Guidance for Industry and FDA Staff (April 3, 2023)
  • Outlines plan for development of medical devices using or trained by machine learning.
• Framework for Regulatory Advanced Manufacturing Evaluation (FRAME) Initiative (November 1, 2023)
  • Developing a regulatory framework for four emerging technologies, including AI.
• AI/ML for Drug Development Discussion Paper (May 10, 2023)
  • Requests feedback on efforts to use AI in drug development.
• Artificial Intelligence/Machine Learning (AI/ML)-Based Software as a Medical Device (SaMD) Action Plan (March 18, 2024)
  • Outlines the FDA’s commitment to cross-center collaboration and future thinking.

Department of Education #

• Artificial Intelligence and the Future of Teaching and Learning (May 2023)
  • Advocates for AI technologies that support diverse learning environments and recommends robust frameworks to manage AI’s impact on education.
• Designing for Education with Artificial Intelligence: An Essential Guide for Developers (July 2024)

Federal Trade Commission (FTC) #

• FTC Submits Comment to FCC on Work to Protect Consumers from Potential Harmful Effects of AI (July 31, 2024)
  • FTC’s Comment on the FCC’s AI-related Notice of Inquiry
• FTC Issues Orders to Eight Companies Seeking Information on Surveillance Pricing (July 23, 2024)
• FTC Has Taken Action Against NGL Labs (July 9, 2024)
  • Case pending over alleged law violations in the anonymous messaging app, including marketing to minors.
  • Concurring Statement of Commissioner Melissa Holyoak, July 9, 2024
  • Press Release, July 9, 2024
• U.S. Clears Way for Antitrust Inquiries of Nvidia, Microsoft and OpenAI (June 5, 2024)
• FTC Announces Tentative Agenda for May 23 Open Commission Meeting (May 16, 2024)
  • Includes presentation on the Voice Cloning Challenge winners and a presentation on the Commission’s Final Rule Concerning Government and Business Impersonation.
  • Winners from: FTC Announces Exploratory Challenge to Prevent the Harms of AI-enabled Voice Cloning (November 16, 2023)
• Joint Statement on Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems (April 4, 2024)
  • With the CFPB, Justice Department’s Civil Rights Division, and EEOC.
• FTC Action Leads to Ban for Owners of Automators AI E-Commerce Money-Making Scheme (February 27, 2024)
• FTC held a Tech Summit on Artificial Intelligence (January 25, 2024)
  • Report of 3rd Panel: Consumer Facing Applications (April 19, 2024)
  • Report of 2nd Panel: A Quote Book | Data and Models (April 17, 2024)
  • Report of 1st Panel: Hardware and Infrastructure Edition (March 14, 2024)
• EU-US Hold Fourth Joint Technology Competition Policy Dialogue (April 11, 2024)
• FTC Sends $2.8 Million in Refunds to Consumers Harmed by DK Automation’s Phony Online Business and Crypto Moneymaking Schemes (March 28, 2024)
• FTC Staff Report: Building Tech Capacity in Law Enforcement Agencies (March 26, 2024)
• Rite Aid Corporation, FTC v. (March 8, 2024 update)
  • FTC charges Rite Aid with failing to implement reasonable procedures and prevent harm to consumers in its use of facial recognition technology in hundreds of stores.
  • Rite Aid Banned from Using AI Facial Recognition (December 19, 2023)
  • Statement of Commissioner Alvaro M. Bedoya (December 19, 2023)
• Automators, v FTC (February 27, 2024 update)
  • Federal court temporarily shut down a business opportunity scheme that lured consumers to invest $22 million in online stores, using unfounded claims about AI-driven success and profitability.
• FTC Proposes New Protections to Combat AI Impersonation of Individuals (February 15, 2024)
• Remarks of Benjamin Wiseman at Harvard Journal of Law & Technology on Worker Surveillance and AI (February 8, 2024)
• FTC Launches Inquiry into Generative AI Investments and Partnerships (January 25, 2024)
• FTC Authorizes Compulsory Process for AI-related Products and Services (November 21, 2023)
• In Comment Submitted to U.S. Copyright Office, FTC Raises AI-related Competition and Consumer Protection Issues (November 7, 2023)
  • Comment from the FTC on Artificial Intelligence and Copyright
• Amazon.com (Alexa), U.S. v. (July 21, 2023)
  • FTC and DOJ require Amazon to overhaul its data deletion practices and implement privacy safeguards regarding children’s data.
• Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems (April 25, 2023)
  • FTC Chair Khan and officials from DOJ, CFPB, and EEOC release joint statement on AI.
• Using Artificial Intelligence and Algorithms (April 20, 2023) Provides general FTC guidance on AI use, followed by regular blog updates and additional guidance.
• FTC Finalizes Settlement with Photo App Developer Over Misuse of Facial Recognition Technology (May 7, 2021)
• FTC Takes Action Against WW International (formerly Weight Watchers) for Illegally Collecting Kids’ Sensitive Health Data (March 4, 2022)
  • Required deletion of data from children under 13, deletion of any algorithms derived from such data, and payment of a fine.

National Science and Technology Council #

• Houses the Joint Committee on Research Environments and the Select Committee on AI

National Institutes of Health #

• Using AI in Peer Review Is a Breach of Confidentiality (June 2023)

National Artificial Intelligence Advisory Committee (NAIAC) #

• FINDINGS & RECOMMENDATIONS: AI Safety (May 2024)
• RECOMMENDATION: Data Challenges and Privacy Protections
• RECOMMENDATIONS: Harnessing AI for Scientific Progress
• RECOMMENDATION: Provide Authority and Resources to Promote Responsible Procurement Innovation for AI
• RECOMMENDATION: Require Public Summary Reporting on Use of High-Risk AI
• RECOMMENDATION: Require Public Use Policies for High-Risk AI
• RECOMMENDATION: Expand the AI Use Case Inventory by Limiting the ‘Sensitive Law Enforcement’ Exception
• RECOMMENDATION: Expand the AI Use Case Inventory by Limiting the ‘Common Commercial Products’ Exception
• RECOMMENDATION: Implementation of the NIST AI Safety Institute (December 2023)
• RECOMMENDATION: National Campaign on Lifelong AI Career Success (November 2023)
• RECOMMENDATION: Enhancing AI Literacy for the United States of America (November 2023)
• RECOMMENDATION: Improve Monitoring of Emerging Risks from AI through Adverse Event Reporting (November 2023)
• RECOMMENDATION: Second Chance Skills and Opportunity Moonshot (October 2023)
• RECOMMENDATION: Generative AI Away from the Frontier (October 2023)
• RECOMMENDATION: Implementing the NIST AI RMF with a Rights-Respecting Approach (October 2023)
• RECOMMENDATION: AI’s Procurement Challenge (October 2023)
• RECOMMENDATION: Creating Institutional Structures to Support Safer AI Systems (October 2023)
• RECOMMENDATION: International Emerging Economies (August 2023)
• National Artificial Intelligence Advisory Committee: Year Two Insights Report
• FINDINGS: Enhancing AI’s Positive Impact on Science and Medicine
• PROCEEDINGS: Towards Standards for Data Transparency for AI Models
• Law Enforcement Subcommittee: Year One Report and Roadmap
• FINDINGS: Exploring the Impact of AI (November 2023)
• STATEMENT: In Support of the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (November 2023)
• STATEMENT: On AI and Existential Risk (October 2023)
• FINDINGS: The Potential Future Risks of AI (October 2023)
• Implementing the NIST AI RMF With a Rights-Respecting Approach, Working Group on Rights-Respecting AI (October 2023)
• FAQs on Foundation Models and Generative AI (August 2023)
• Rationales, Mechanisms, and Challenges to Regulating AI (July 2023)
• NAIAC Year 1 Report (May 2023)

National Science Foundation #

• NSF’s National Artificial Intelligence Research Institutes
  • Launched in 2020; consists of 25 AI institutes connecting over 500 funded and collaborative institutions globally.
  • NSF-led interagency NAIRR Pilot

Department of Housing and Urban Development #

• HUD Guidance on AI-Driven Targeted Advertising

Justice Department #

• Joint Statement on Enforcement of Civil Rights, Fair Competition, Consumer Protection, and Equal Opportunity Laws in Automated Systems (April 4, 2024)
  • With the CFPB, EEOC, and FTC.

In May 2023, the Biden-Harris administration updated the National AI Research and Development Strategic Plan, emphasizing a principled and coordinated approach to international collaboration in AI research. The Office of Science and Technology Policy issued a request for information to obtain public input on AI’s impact.

Separately, the National Telecommunications and Information Administration sought feedback on what policies can create trust in AI systems through an AI Accountability Policy Request for Comment.

Regulatory Comments #

• Maintaining American Leadership in AI
• Promoting the Use of Trustworthy AI in the Federal Government