Letter to OMB on AI Draft Guidance Extension

Letter  • 11/14/2023 Artificial Intelligence

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Re: Notice of Public Comment Period, Office of Management and Budget; Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (88 Fed. Reg. 75,625-75,626, November 3, 2023)

Dear Director Young:

The undersigned organizations, representing all sectors of the economy, including the users and developers of Artificial Intelligence (“AI”), respectfully request that the Office of Management and Budget (“OMB”) grant at least a 60-day extension of the comment period for submitting recommendations concerning the draft guidance entitled “Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence” (“draft guidance”).[1]

The draft guidance solicits detailed feedback on five wide-ranging critical areas and asks for input on scope, AI governance, reporting requirements, responsible innovation, managing risk, and definitions.  Many of these issues overlap and create interconnected consequences that commenters must assess on a micro and macro level.

Additionally, OMB has a concurrent request for public comment on “Modernizing the Federal Risk Authorization Management Program (FedRAMP)[2]” due on November 27th. Changes to FedRAMP will significantly impact AI adoption within the federal government, and having both requests simultaneously out for comment, especially during a holiday period, could substantially impact OMB’s ability to receive informed feedback on both requests.

Industry associations have also requested an extension in the FedRAMP consultation, as FedRAMP regulations will impact the larger IT market. Moreover, with the Federal Acquisitions Council extending the time for comment on two rules to February 2, 2024, and another FAR rule on supply chain security due on December 4, 2023, additional time to evaluate the intersection of these policies is necessary. These rules will need to work with other regulations on AI, and thoughtful analysis is needed to review these documents and distill the interactions among the various regulations. With the number of proposed changes in the IT and, specifically, AI regulatory environments, careful analysis of the interplay between these rules and the draft guidance can help OMB develop a coordinated approach to advancing AI innovation. 

We appreciate the opportunity to work with you to advance the goal of AI risk mitigation within the federal government, however, the complexity of the issues involved and other concurrent and overlapping federal regulatory requests require extending the comment period to allow for more thoughtful and substantive feedback.  

Therefore, we request a 60-day extension to allow stakeholders to provide the necessary and thoughtful comments needed to inform policies aimed at maximizing the utilization of AI within the federal government while ensuring the trustworthiness of AI.

We stand ready to discuss these concerns in greater detail.

Sincerely,

Software & Information Industry Association
Alliance for Digital Innovation (ADI)
TechNet
BSA | The Software Alliance
National Association of Mutual Insurance Companies (NAMIC)
Computer & Communications Industry Association (CCIA)
Security Industry Association (SIA)
National Defense Industrial Association
The Enterprise Cloud Coalition
U.S. Chamber of Commerce

[1] https://www.whitehouse.gov/wp-content/uploads/2023/11/AI-in-Government-Memo-draft-for-public-review.pdf

[2] https://www.cio.gov/assets/files/resources/FedRAMP-updated-draft-guidance-2023.pdf