Artificial intelligence (AI) applications are gaining traction in a wide range of fields, from healthcare to finance to the creative industries. As AI capabilities advance, there is a perception that the United States is lagging behind Europe in regulating this rapidly evolving technology. Yet the federal government has not been unresponsive to AI developments. Over the past few years, agencies have taken action on specific AI applications, such as medical devices and chatbots, in the form of both voluntary guidance and binding regulation. 

The Federal Trade Commission has published reports raising concerns related to algorithmic bias, data security, and accountability. More recently, the FTC launched an investigation into OpenAI, the maker of ChatGPT, over whether the company violated consumer protection law. In the healthcare sector, the Department of Health & Human Services is regulating algorithmic discrimination in a clinical setting, and the Centers for Medicare & Medicaid Services is determining reimbursement policies for AI-based medical devices. Meanwhile, the National Highway Traffic Safety Administration has released guidance on the safe design and deployment of automated driving systems. Agencies are also regulating AI applications in copyright, hiring, credit decision-making, and other areas. Some guidelines even target the federal government’s internal use of AI to improve efficiency. 

This dispersion across agencies suggests that AI applications are too many and varied to come under a single, comprehensive legal framework. While AI policy is still developing, an overview of existing regulation is helpful for understanding the challenges, gaps, and opportunities in the government's approach to new technologies.