Trump admin reportedly plans to use AI to write federal regulations
The Trump administration is planning on using Google Gemini to draft important federal regulations, as reported by ProPublica. This is starting with the Department of Transportation, according to interviews with agency staffers. Regulations created by the DOT help keep us safe when traveling.
The plan was initially presented to DOT staffers last month, with agency attorney Daniel Cohen writing to colleagues about AI's "potential to revolutionize the way we draft rulemakings." Gregory Zerzan, the agency's general counsel, has indicated that President Donald Trump is "very excited by this initiative" and that DOT will be "the first agency that is fully enabled to use AI to draft rules." This does suggest a pilot program of sorts, with eventual plans to bring AI to other departments.
Oddly, Zerzan doesn't seem that interested in high-quality regulations. ProPublica received transcripts of a meeting in which he declared that "we don't need the perfect rule on XYZ. We don't even need a very good rule on XYZ." He went on to say that "we want good enough" and that "we're flooding the zone."
Let me remind you that DOT regulates the safety standards of commercial aircraft, along with rules involving the transport of hazardous materials and driver qualifications. The agency's rules touch on every aspect of transportation safety. Why would the federal government rely on a new technology that's notorious for making mistakes?
The answer is speed. Writing and revising complex federal regulations can take months, but Google Gemini can spit something out in minutes. A DOT employee giving a presentation on the program suggested that many parts of these regulations are just "word salad" anyways, so AI should be able to do just fine.
"It shouldn’t take you more than 20 minutes to get a draft rule out of Gemini," Zerzan said. The plan is to compress the timeline in which transportation regulations are written and reviewed. The department has already used AI to draft an unpublished Federal Aviation Administration rule.
Federal agencies have used AI for years, but not to actually write regulations. It's primarily been used for the purpose of translating documents, analyzing data and categorizing public comments. Trump, however, is a huge proponent of the technology. He has released multiple executive orders in support of AI and once shared an AI-created video in which he flew a fighter jet and dropped what appears to be feces on American citizens.
Skeptics say that large language models like Gemini shouldn't be in charge of drafting complicated and consequential regulations that impact millions of everyday Americans. Mistakes could lead to lawsuits and even injuries and deaths.
Mike Horton, DOT’s former acting chief artificial intelligence officer, said using Gemini to draft regulations was like “having a high school intern that’s doing your rulemaking.” He also said that agency leaders under Trump "want to go fast and break things, but going fast and breaking things means people are going to get hurt."
"Just because these tools can produce a lot of words doesn’t mean that those words add up to a high-quality government decision,” said Bridget Dooling, a professor at Ohio State University who studies administrative law. “It’s so tempting to try to figure out how to use these tools, and I think it would make sense to try. But I think it should be done with a lot of skepticism."
DOT has experienced a net loss of more than 4,000 employees since Trump started his second term. This includes over 100 attorneys.
