Photo of Michelle ColemanPhoto of Laura J. Mitchell BakerPhoto of Rina GashawPhoto of Zariah Altman

AI remains a critical focus of both the federal government and industry, with multiple efforts in recent weeks to address governance of the development and use of AI in the United States.  On February 26, 2024, a U.S. Department of State-commissioned report, titled “Defense in Depth: An Action Plan to Increase the Safety and Security of Advanced AI” (Action Plan), proposed multiple U.S. Government and partner nation lines of effort to address growing national security risks posed by rapidly expanding AI capabilities, including the expectation of achieving artificial general intelligence (AGI).  Just days later, on March 5, 2024, House Chairman Comer and Ranking Member Raskin introduced the Federal AI Governance and Transparency Act.  This bipartisan bill would focus government resources on increasing transparency, oversight, and responsible use of federal AI systems and centrally codifying federal governance of agency AI systems.  Additionally, on March 28, 2024 the Office of Management and Budget released the final guidance on Memorandum M-24-10, Advancing Governance, Innovation, and Risk Management for Agency Use of AI as we address here.Continue Reading Recent Developments from the Federal Government Relating to AI

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On March 28, 2024, the Office of Management and Budget (OMB) released Memorandum M-24-10Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (Memo), updating and implementing OMB’s November 2023 proposed memorandum of the same name.  The Memo directs agencies “to advance AI governance and innovation while managing risks from the use of AI in the Federal Government.”  In the Memo, OMB focuses on three major areas – strengthening AI governance, advancing responsible AI innovation, and managing risks from the use of AI. Continue Reading OMB Releases Final Guidance Memo on the Government’s Use of AI

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This week’s episode covers FedRAMP’s announcement about AI-related products, the White House’s next phase of the federal government’s enterprise procurement approach (the Better Contracting Initiative), NIST’s updates regarding protection of controlled unclassified information, and the HHS OIG publication of its General Compliance Program Guidance, and is hosted by Peter Eyre and Yuan Zhou. Crowell &

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Artificial Intelligence, Small Business Subcontracting, JV Security Clearances

This week’s episode covers the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, a final SBA rule allowing prime contractors to receive small business credit for lower-tier subcontracts in certain situations, and a notice providing guidance concerning joint ventures and access

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On July 21, 2023, the Biden administration announced that seven companies leading the development of artificial intelligence (AI) — Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI — have made voluntary commitments, which the companies agreed to undertake immediately, to help move towards safe, secure, and transparent development of AI technology. The goal of the voluntary commitments, or the “AI Agreement” as it is informally dubbed, is to establish a set of standards that promote the principles of safety, security, and trust deemed fundamental to the future of AI. Continue Reading Private Sector Helps Lead the Way: Biden-Harris Administration Secures Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by AI

Photo of Laura J. Mitchell BakerPhoto of Michelle ColemanPhoto of Allison SkagerPhoto of Zariah Altman

On June 29, 2023, the Government Accountability Office (GAO) released its second report[1] on Department of Defense (DoD) artificial intelligence (AI) acquisition efforts.  This latest report examines the DoD’s lack of formal AI acquisition guidance and identifies key principles from the private sector that can be applied to the DoD’s AI acquisition efforts. 

Although

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This week’s episode covers the interim FAR provision that prohibits the presence or use of TikTok on certain types of contractor IT, the updated version of the National Artificial Intelligence Research and Development Strategic Plan, and a Court of Federal Claims decision involving the awardee’s failure to maintain its SAM registration during the proposal evaluation

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This week’s episode covers allegations of procurement collusion, a civil lawsuit filed by DOJ to enjoin an acquisition because of competition concerns, and a DOD report on Responsible Artificial Intelligence Strategy and Implementation Pathway, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides

Photo of Kate M. Growley, CIPP/G, CIPP/USPhoto of Adelicia R. CliffePhoto of Jonathan M. BakerPhoto of Laura J. Mitchell BakerPhoto of Michelle Coleman

On November 15, 2021, the Defense Innovation Unit (DIU) released its Responsible Artificial Intelligence (AI) Guidelines (“RAI Guidelines”) to help contractors and federal officials gauge whether AI technology and programs align with the Department of Defense’s (DoD) Ethical Principles for AI (as we previously reported on here). Specifically, the RAI Guidelines provide a process

Photo of Jonathan M. BakerPhoto of Adelicia R. CliffePhoto of Kate M. Growley, CIPP/G, CIPP/USPhoto of Laura J. Mitchell BakerPhoto of Michelle Coleman

On January 1, 2021, the 116th Congress enacted the Fiscal Year 2021 National Defense Authorization Act (NDAA), which established, among other things, the National Artificial Intelligence Initiative Act of 2020 (Division E, Title LI, §§ 5101-5106) (hereinafter “the Initiative”), a program to award financial assistance to National Artificial Intelligence Research Institutes (Division E, Title LII,