AI Use by ACUS
Office of Management and Budget Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence, requires each agency to post publicly on its website either a plan to achieve consistency with the memorandum or a written determination that the agency does not use and does not anticipate using "covered artificial intelligence" (a term defined in the memorandum). Following an agency-wide review, ACUS has not identified any uses of covered artificial intelligence and does not anticipate using covered artificial intelligence. [Last Updated: September 10, 2024]
AI Use by Agencies Other than ACUS
Federal agencies are increasingly considering the role that artificial intelligence (AI)—including machine learning, data analytics, and related technologies—can play in enforcement, adjudication, and other administrative activities. ACUS works with scholars on the forefront of AI research to explore current and potential uses of AI in the administrative process. This research will help agencies take advantage of these new tools in ways consistent with due process and other legal norms.
ACUS has adopted many recommendations and produced many other resources, available below, to help federal agencies consider how they use or might use AI in their administrative processes. ACUS also organizes a Roundtable on Artificial Intelligence in Federal Agencies, which provides a forum for officials representing agencies across the federal government to exchange information and best practices. This page provides access to individual recommendations, reports, and other resources on the subject.
- Recommendation 2023-3, Using Algorithmic Tools in Retrospective Review of Agency Rules
- Recommendation 2022-3, Automated Legal Guidance at Federal Agencies
- Recommendation 2021-10, Quality Assurance Systems in Agency Adjudication
- Recommendation 2021-1, Managing Mass, Computer-Generated, and Falsely Attributed Comments
- Recommendation 2018-3, Electronic Case Management in Federal Administrative Adjudication
- Statement #20, Agency Use of Artificial Intelligence
- Catherine M. Sharkey, Algorithmic Retrospective Review of Agency Rules (May 2023)
- Joshua D. Blank & Leigh Osofsky, Automated Legal Guidance at Federal Agencies (May 2022)
- Daniel E. Ho, David Marcus & Gerald K. Ray, Quality Assurance Systems in Agency Adjudication: Emerging Practices and Insights (Dec. 2021)
- Steve Balla, Reeve Bull, Bridget Dooling, Emily Hammond, Michael Herz, Michael Livermore & Beth Simone Noveck, Mass, Computer-Generated, and Fraudulent Comments (June 2021)
- David Freeman Engstrom, Daniel E. Ho, Catherine M. Sharkey & Mariano-Florentino Cuéllar, Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies (Feb. 2020)
- Cary Coglianese, A Framework for Governmental Use of Machine Learning (Dec. 2020)
- IIB-030, Agency Use of Artificial Intelligence (July 2023)
- Symposium on Artificial Intelligence in Federal Agencies (June-July 2020)
- Mass and Fake Comments in Agency Rulemaking (Oct. 2018)
- ACUS Announces Two New Roundtables on Artificial Intelligence and Alternative Dispute Resolution (June 9, 2021)
- Mark Thomson & John Cooney, Using Artificial Intelligence in Administrative Agencies (May 26, 2021) (originally published on The Regulatory Review)
- ACUS to Co-Host Symposium on Artificial Intelligence in Federal Agencies (June 19, 2020)
- ACUS, Stanford Law School, and NYU School of Law Announce Report on Artificial Intelligence in Federal Agencies (Feb. 18, 2020)
- ACUS Consultants to Participate in ABA Panels on AI in Enforcement and Adjudication (Nov. 8, 2019)
- Scholars Deliver Presentation on AI at 71st Plenary (June 18, 2019)
- Presentations on Artificial Intelligence at Upcoming 71st Plenary Session (June 11, 2019)
- ACUS 71st Plenary Session Will Take Place June 13 (May 28, 2019)
- ACUS Announces New Initiatives on the Use of Artificial Intelligence in the Federal Administrative Process (Nov. 28, 2018)
- Overview of the Application of Machine-Learning in Administrative Law (July 18, 2018)