Federal AI Governance Framework (FAIGA)
Balancing Innovation, Safety, and Ethical Responsibility
The Federal AI Governance Framework is a comprehensive policy designed to regulate the development and deployment of artificial intelligence in the United States. This framework addresses the growing need for AI oversight, ensuring that the technology’s immense potential is harnessed responsibly while safeguarding public trust and safety.
By adopting a risk-based regulatory approach, the policy focuses on high-risk AI applications in critical sectors like healthcare, finance, and autonomous systems, while allowing low-risk innovations to thrive with minimal oversight. It promotes transparency, data privacy, and algorithmic fairness through clear guidelines and public-private partnerships.
Additionally, the framework incentivizes ethical AI practices, supporting both small businesses and large corporations in maintaining compliance without stifling innovation. This balanced approach ensures that the U.S. remains a global leader in AI while protecting its citizens from potential harms.
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Federal AI Regulatory Agency (FARA)
A centralized, independent body (potentially under the FTC or Commerce) to set standards, register high-risk systems, accredit auditors, and enforce compliance.Risk-Based Tiers
High-Risk (healthcare, finance/credit, law enforcement, defense): requires audits, explainability, monitoring, and human oversight.
Medium-Risk (HR screening, logistics, large-scale advertising): periodic reviews and transparency reports.
Low-Risk (chatbots, recommenders): light-touch rules focused on privacy and security hygiene.
Privacy & Security
Consent, minimization, anonymization, and secure development practices.Transparency & Accountability
Explainable AI (XAI), audit trails, public registries for high-risk systems, and record-keeping requirements.Incentives for Ethical AI
Tax credits, grants, and recognition labels to reward compliance, especially for small and mid-sized businesses.Public-Private Research Partnerships
Grants for AI safety, bias mitigation, and standards development in collaboration with academia and industry.Timeline
2025–2026: Stand up FARA, publish draft rules, pilot voluntary audits.
2027: Mandatory registration and audits for high-risk systems.
2028–2030: Full enforcement and iterative updates to align with evolving technology.
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Who’s in charge (and how it works)
Federal AI Regulatory Agency (FARA)
Housed independently (or within FTC/Commerce), FARA would:Set binding rules
Publish technical standards with NIST
Register high-risk systems
Accredit auditors
Enforce through civil penalties, consent decrees, and corrective action plans
Advisory & coordination layer
Interagency council (FTC, DOJ, EEOC, CFPB, HHS, DOT, DHS, DoD, Fed/FSOC for model risk) to align sector rules.
State liaison program to preempt patchworks while honoring state privacy laws.
Risk tiers & obligations
High-Risk (e.g., healthcare, finance/credit, employment, law enforcement, safety-critical autonomy, defense):
Pre-deployment: Impact assessment; privacy assessment; bias testing; red-team; human-in-the-loop design; model cards/datasheets; security plan.
Runtime: Continuous monitoring for drift; incident reporting; logging; recourse mechanisms for affected individuals.
Oversight: Annual third-party audits; re-certification upon significant model updates; explainability commensurate with decisions’ stakes.
Medium-Risk (e.g., HR screening, logistics optimization, targeted advertising at scale):
Periodic reviews, transparency reports, basic explainability, opt-out where feasible.
Low-Risk (e.g., customer service chatbots, simple recommenders):
Light-touch rules focused on privacy, basic disclosures, and security hygiene.
Privacy & security baseline (all tiers)
Explicit, informed consent where applicable; purpose limitation; data minimization.
Anonymization/pseudonymization for training/inference data where possible.
Secure development lifecycle (threat modeling, SBOMs for AI stacks, key management).
Transparency & record-keeping
Explainable AI (XAI) commensurate with risk and audience (consumer-facing vs. professional).
Audit trails: training data provenance, evaluation results, known limitations, and change logs.
Model & system cards posted to a public registry for high-risk categories.
Corporate governance requirements
Appoint an AI Ethics/Compliance Officer (or committee) with board visibility.
Maintain an AI risk inventory and tier classification across all business units.
Train staff on bias, privacy, safety; set escalation pathways; protect whistleblowers.
Compliance mechanics
Registration of high-risk deployments with FARA.
Accredited third-party audits (annual) for high-risk; desk reviews for medium-risk.
Incident reporting (security, safety, systemic bias); corrective action deadlines.
Incentives (so it’s not just “thou shalt not”)
Tax credits/grants for small and medium enterprises adopting certified ethical AI controls.
Public recognition/certification labels for compliant vendors—valuable in procurement.
Public-private research & standards
Competitive grants for bias reduction, safety evaluation, red-teaming, transparency tooling.
Partnerships with academia and standards bodies (NIST/ISO/IEEE) to harmonize test suites.
Timeline (aggressive but doable)
2025–2026: Stand up FARA; publish risk taxonomy & draft rules; pilot voluntary audits in high-risk sectors.
2027: Mandatory registration & audits for high-risk; medium-risk transparency reports begin.
2028–2029: Full enforcement for high-risk; corrective action pathways; public scorecards.
2029–2030: Iterative updates to rules; expand tooling grants; international alignment reviews.
What this means for businesses
SMBs
Focus on low/medium-risk uses; qualify for credits/grants to offset compliance; templated policies and audit-lite pathways.
Large enterprises / model developers
Higher upfront costs (audits, monitoring, documentation) but market advantage via certification and trust; clearer national rules replace state patchwork.
Consumers & workers
Stronger privacy, clear explanations, channels for recourse, and a measurable reduction in algorithmic harm in jobs, credit, healthcare, and safety.
Implementation playbook (practical steps)
Classify every AI system by risk tier; build a single inventory.
Gap-assess against required controls (privacy, security, XAI, monitoring).
Stand up governance (officer/committee, training, escalation, whistleblower).
Prepare documentation (model/data cards, evals, audit trail).
Select an auditor (pilot now, formalize when rules land).
Launch continuous monitoring (bias/drift dashboards, incident playbooks).
Apply for incentives (credits/grants) once controls are in place.
Coordination & alignment
States: Federal preemption for core AI safety + a floor for rights; states retain complementary privacy enforcement.
International: Map controls to EU AI Act / ISO/IEC standards to reduce cross-border friction.
Measuring success (public metrics)
% of high-risk systems audited and compliant; median time-to-remediation.
Reduction in substantiated bias incidents (employment, credit, healthcare).
Adoption rates of certified ethical AI among SMBs; public trust indices.
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For SMBs: Easier compliance pathways, grants, and credits to offset costs.
For Large Enterprises: Higher obligations but clearer national rules and reputational benefits through certification.
For Consumers & Workers: Stronger privacy, recourse options, and reduced algorithmic harm in jobs, healthcare, credit, and safety.
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This policy framework was driven from ChatGPT research.
View the original research here.