Illustration: Natalie Peeples/Axios
Government agencies should use existing regulations and powers to regulate AI, argues a new report from the Center for American Progress and Governing for Impact shared first with Axios.
Why it matters: With Congress stalled on AI action, the executive branch will be key to any real AI regulation any time soon, and steps can be taken beyond what was outlined in President Biden's AI executive order, per the report.
What they're saying: "A crucial task for federal regulators moving forward will be [to fully examine] their existing ability to regulate AI in the absence of new AI legislation," the report's authors write.
- "Existing ability" includes administration of grants and federal projects, use of the Defense Production Act, and use of emergency powers including the International Emergency Economic Powers Act.
- The report argues that agencies have many options for regulating AI beyond following executive orders and waiting for Congress to act, and it outlines suggestions for agencies such as the departments of Labor and Education.
Driving the news: CAP and GFI will discuss the report at an event Tuesday featuring CFPB director Rohit Chopra.
Recommendations from the report include:
- Asking the OMB to apply recent AI guidance to impose conditions on recipients of federal funds.
- Using executive regulatory review to encourage independent agencies to review statutory authority to address known AI risks to their current programs and operations.
- Ensuring baseline levels of interoperability for federal procurement so agencies don't get locked into using only one AI firm.
- Requiring federal contractors using automated systems to test and monitor their systems to ensure worker safety and fair pay.
- Using federal procurement policy, IEEPA and the Communications Act to take action (such as humanitarian or military action without congressional approval) if an AI system poses emergency threats to the U.S.
Reality check: Agencies are already understaffed, underfunded and overworked, and making the most out of their power to tackle AI might be a lofty goal.
- Republicans are also likely to oppose executive agencies going too far on regulating AI, and any future Republican administration could roll back their work.
