Utilizing Artificial Intelligence for Regulatory Review and Improvement in Federal Agencies
Artificial intelligence (AI) is revolutionizing the way federal agencies review and improve their existing regulations. With statutes and executive orders mandating periodic analysis of regulations to remove inefficiencies, agencies are turning to AI to streamline the process. This trend towards algorithmic review has been endorsed by the Administrative Conference of the United States (ACUS) since 1995.
Recent executive orders from the Obama, Trump, and Biden Administrations have further expanded agencies’ retrospective review obligations. In response, agencies are exploring how AI can enhance their review processes despite limited resources. The Office of Management and Budget has suggested that AI can be used to identify outdated or burdensome regulations and modify or repeal them accordingly.
Professor Catherine M. Sharkey conducted a study on agencies’ use of AI in retrospective review, producing insightful case studies. For example, the U.S. Department of Health and Human Services (HHS) utilized AI to clean up regulations, correcting errors and removing outdated information. The Department of Transportation developed the RegData Dashboard to analyze regulations and inform policy decisions, while the Defense Department created GAMECHANGER to centralize policy documents and save costs.
Despite some agencies still relying on manual processes for retrospective review, there is a growing interest in AI-enabled tools. Concerns about AI trustworthiness and explainability remain, but many see the potential benefits of using AI in regulatory review. Open-source AI tools like GAMECHANGER have shown promise in facilitating collaboration between agencies and reducing costs.
The case studies highlight the value of AI in both retrospective and prospective rulemaking. By leveraging AI in the rulemaking process, agencies can ensure regulations are well-drafted, consistent, and non-duplicative. As AI continues to evolve, its role in shaping regulations is likely to expand, making it a valuable tool for improving governance.
Overall, the use of AI in regulatory review is a promising development that can enhance efficiency and effectiveness in government operations. By embracing AI technology and fostering collaboration, agencies can streamline their regulatory processes and adapt to the evolving regulatory landscape.
