WASHINGTON—The Office of Management and Budget (OMB) released its final guidance on Artificial Intelligence (AI) on Thursday, titled Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence. The guidance requires federal agencies to implement minimum risk management practices to reduce the risk that AI technologies pose to our civil rights. The requirements include the use of impact assessments, robust testing and monitoring of AI systems, efforts to mitigate bias and discrimination, and also giving the public the right to opt-out when agencies use AI technology. The announcement follows other Biden-Harris Administration actions to mitigate the risks of AI, including the recent AI Executive Order, and implements the values outlined in the Blueprint for an AI Bill of Rights as concrete agency actions.
The guidance advances core components called for in the Online Civil Rights Act– a model bill on AI regulation introduced by the Lawyers’ Committee in late 2023.
The following is a statement from Damon T. Hewitt, president and executive director of the Lawyers’ Committee for Civil Rights Under Law:
“We applaud the Biden-Harris Administration for taking such a significant step to implement meaningful safeguards on the government’s use of Artificial Intelligence. In the unfolding narrative of AI technology, we stand at a critical juncture where its promise can either alleviate or exacerbate societal harms—most critically in the realm of civil rights. It is an undeniable reality that Black communities and other communities of color are often on the frontlines of harm, grappling with the adverse consequences of emerging technologies. Already, we are witnessing profound disparities and discrimination fueled by algorithms increasingly used in essential sectors such as employment, housing, public benefits, healthcare, and law enforcement. The unchecked use of AI can magnify the ongoing discrimination in these sectors.
“Given an environment in which the use of AI is almost entirely unregulated, it speaks volumes that the federal government is taking the first step by regulating itself. We welcome the Office of Management and Budget’s guidance on how federal agencies use and assess AI. This first-of-its-kind government-wide guidance is a major milestone in ensuring that taxpayer dollars are not used to fund discriminatory technology and that any use of AI is safe, nondiscriminatory, and equitable–all key demands that the Lawyers’ Committee and our allies across the racial justice, consumer protection, and tech accountability communities have championed.
“We look forward to continuing our work with the Biden-Harris Administration to ensure robust implementation of this new guidance.
“Now that the Executive branch has taken this action, it is time for lawmakers in Congress to do their part. Despite the apparent bipartisan interest, no legislation to regulate AI has advanced in either chamber. We call on Congress to move legislation to regulate AI, drawing from the concepts included in the Online Civil Rights Act–model legislation released by the Lawyers’ Committee to protect civil rights and promote the responsible development and use of AI.”
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About the Lawyers’ Committee for Civil Rights Under Law–The Lawyers’ Committee for Civil Rights Under Law is a nonpartisan, nonprofit organization, formed in 1963 at the request of President John F. Kennedy to mobilize the nation’s leading lawyers as agents for change in the Civil Rights Movement. Today, the Lawyers’ Committee uses legal advocacy to achieve racial justice, fighting inside and outside the courts to ensure that Black people and other people of color have the voice, opportunity, and power to make the promises of our democracy real.
