Key Takeaways
- The Trump administration plans to use artificial intelligence (AI) to write federal transportation regulations, according to U.S. Department of Transportation (DOT) records and interviews with agency staffers.
- The plan aims to accelerate the rulemaking process, with the goal of producing a draft rule in just 30 days, compared to the current months or years it can take.
- DOT has already used AI to draft a still-unpublished Federal Aviation Administration rule, and plans to use the technology to write more regulations in the future.
- Critics argue that relying on AI to write regulations could lead to errors, oversights, and a lack of transparency, potentially putting public safety at risk.
- The plan is part of a broader effort by the Trump administration to incorporate AI into the work of the federal government, with the goal of increasing efficiency and reducing bureaucracy.
Introduction to the Plan
The Trump administration is planning to use artificial intelligence to write federal transportation regulations, according to U.S. Department of Transportation records and interviews with six agency staffers. As Daniel Cohen, an agency attorney, wrote to colleagues, the plan was presented to DOT staff last month at a demonstration of AI’s "potential to revolutionize the way we draft rulemakings." The demonstration showcased "exciting new AI tools available to DOT rule writers to help us do our job better and faster." This plan has sparked both excitement and concern among agency staffers, with some seeing it as a way to increase efficiency and others worrying about the potential risks of relying on AI to write critical regulations.
The Role of AI in Rulemaking
According to Gregory Zerzan, the agency’s general counsel, the DOT is at the "point of the spear" in using AI to draft rules, and President Donald Trump is "very excited about this initiative." Zerzan seemed to suggest that the DOT was at the forefront of a broader federal effort to incorporate AI into the rulemaking process. However, as he noted, "We don’t need the perfect rule on XYZ. We don’t even need a very good rule on XYZ. We want good enough." This approach has raised concerns among some staffers, who wonder why the federal government would outsource the writing of critical standards to a nascent technology notorious for making mistakes. As Zerzan said, "We’re flooding the zone," but critics argue that this approach could lead to a lack of transparency and accountability in the rulemaking process.
The Potential Benefits and Risks
Proponents of the plan argue that AI can help automate mindless tasks and increase efficiency in the rulemaking process. For example, DOT’s version of Google Gemini can generate a proposed rule in a matter of minutes or even seconds, according to two DOT staffers who attended the December demonstration. However, critics argue that relying on AI to write regulations could lead to errors, oversights, and a lack of transparency, potentially putting public safety at risk. As Mike Horton, DOT’s former acting chief artificial intelligence officer, noted, "It seems wildly irresponsible" to use AI to write regulations, comparing it to "having a high school intern that’s doing your rulemaking." Horton argued that the agency’s leaders "want to go fast and break things, but going fast and breaking things means people are going to get hurt."
The Use of AI in Government
The plan to use AI to write regulations is part of a broader effort by the Trump administration to incorporate AI into the work of the federal government. As Russell Vought, the Office of Management and Budget Director, noted in a memo, the administration is committed to accelerating the use of AI in government. However, critics argue that this approach could lead to a lack of transparency and accountability, particularly if AI is used to write regulations without adequate oversight and supervision. As Bridget Dooling, a professor at Ohio State University, noted, "Just because these tools can produce a lot of words doesn’t mean that those words add up to a high-quality government decision." Dooling argued that it is essential to approach the use of AI in government with skepticism and to ensure that AI is used in a way that is transparent, accountable, and subject to human oversight.
The Future of Rulemaking
The use of AI in rulemaking is likely to continue to be a topic of debate in the coming months and years. As Justin Ubert, division chief for cybersecurity and operations at DOT’s Federal Transit Administration, noted, "Many people see humans as a ‘choke point’ that slows down AI, but eventually, humans will fall back into merely an oversight role, monitoring ‘AI-to-AI interactions.’" However, critics argue that this approach could lead to a lack of transparency and accountability, particularly if AI is used to write regulations without adequate oversight and supervision. As Ben Winters, the AI and privacy director at the Consumer Federation of America, noted, the plan is especially problematic given the exodus of subject-matter experts from government as a result of the administration’s cuts to the federal workforce last year. Winters argued that the use of AI in rulemaking could exacerbate this problem, leading to a lack of expertise and oversight in the rulemaking process.
Conclusion
In conclusion, the plan to use AI to write federal transportation regulations is a complex and contentious issue, with both proponents and critics raising important points. While AI may have the potential to increase efficiency and reduce bureaucracy, it is essential to approach its use with skepticism and to ensure that AI is used in a way that is transparent, accountable, and subject to human oversight. As the use of AI in government continues to evolve, it is crucial to prioritize transparency, accountability, and public safety, and to ensure that the use of AI in rulemaking is subject to rigorous oversight and supervision.
Government by AI? Trump Administration Plans to Write Regulations Using Artificial Intelligence
