DC
AI Regulation Note · Part B analysis

District of Columbia AI Note

Reflects the law as at 29 April 2026 · Contributed by Alaap B. Shah · Member of the Firm, Epstein Becker & Green · Washington, DC
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B0

Other Binding Legal Frameworks Materially Shaping AI Use

The following DC-specific frameworks apply to AI-enabled conduct in the District of Columbia:

DC Human Rights Act, D.C. Official Code §§ 2-1401 et seq. [IN FORCE]

DC’s comprehensive anti-discrimination law, applicable to decisions in employment, housing, and public accommodations within the District.

DC Consumer Protection Procedures Act, D.C. Official Code §§ 28-3901 et seq. [IN FORCE]

DC consumer protection law, enforceable by the Attorney General, applicable to deceptive or unfair AI-related trade practices.

DC Official Code § 1-1401 et seq. (OCTO Authority) [IN FORCE]

Provides OCTO with authority to write and enforce IT policies for the DC government, which has been exercised through the AI/ML Governance Policy.

B1

Legal Characterisation of AI

In the District of Columbia, there is no AI-specific statute governing the development, deployment, or use of artificial intelligence by private sector actors.

Within the DC government, Mayor's Order 2024-028 constitutes the primary AI-specific legal instrument. The Order defines 'AI' as 'the broad class of technologies developed or marketed to be capable of performing tasks otherwise requiring an intelligent human agent' and 'AI tool' as any enterprise product or service a major component of which relies upon AI to function. This definition is notable for its breadth, but it is operative only within DC government agencies and does not constitute a statutory definition of AI for purposes of the DC Code.

B2

Relationship to Higher-Level Law

The District of Columbia occupies a unique constitutional position in the U.S. federal system. As a federal district established under Article I of the U.S. Constitution, DC is subject to the exclusive legislative jurisdiction of Congress, and the DC Council’s legislative authority derives from the DC Home Rule Act (D.C. Official Code §§ 1-201 et seq.). Federal law is therefore paramount and directly applicable within the District alongside DC law.

Because the DC Council has not enacted AI-specific legislation, there is no DC-level AI law that interacts with or supplements federal frameworks.

B3

Extraterritorial Reach

The District of Columbia has not enacted AI-specific legislation applicable to the private sector. Accordingly, there is no DC-specific framework to consider in terms of extraterritorial reach.

B4

Legal Bases Relied on in Practice

The District of Columbia has not enacted AI-specific legislation applicable to the private sector. Accordingly, there are no legal bases to note currently.

B5

Liability Allocation Across the AI Chain

The District of Columbia has not enacted AI-specific legislation applicable to the private sector addressing liability allocation.

B6

Regulatory Guidance and Soft Law

Mayor's Order 2024-028 functions as the primary soft law framework shaping AI-related compliance expectations for entities operating within or in connection with the DC government. The Order established six AI Values — Clear Benefit to Residents, Safety and Equity, Accountability, Transparency, Sustainability, and Privacy and Cybersecurity — which DC government agencies must consider relative to AI deploying and use. Agencies must document their assessment of each deployment’s alignment with these values using a form developed by the AI Taskforce.

The Order also directed the creation of a mandatory AI Procurement Handbook by the Office of Contracting and Procurement, training materials on proper AI tool use by DC government personnel, and agency-specific AI strategic plans. These deliverables do not carry legislative force, but may shape the practical governance environment for organizations supplying AI tools to DC government.

The DC Office of the Chief Technology Officer has issued an AI/ML Governance Policy applicable to all District workforce members and third-party vendors with access to District systems. The Policy prohibits the use of non-enterprise or free AI/ML platforms for DC government purposes, requires prior agency director approval before using agency data with AI platforms, and mandates risk assessments and bias-detection measures. While not a binding law, such policies may apply to the conduct of private organizations that serve as vendors or contractors to DC government relative to AI projects.

In February 2026, OCTO announced a mandatory responsible AI training requirement for all DC government employees and contractors — described as making DC the first major U.S. city to require such training — grounded in the six AI Values of Mayor's Order 2024-028. This is a governance measure without equivalent private sector mandate.

B7

Data, Inference, and Automated Decision-Making

The District of Columbia has not enacted AI-specific legislation applicable to data handling, inference and automated decision-making.

B8

AI in Employment and Workplace Contexts

No DC-enacted statute specifically governs employer use of AI in hiring, performance management, monitoring, or termination decisions. Employment-related conduct in the District is addressed through the application of the DC Human Rights Act (D.C. Official Code §§ 2-1401 et seq.), which prohibits employment discrimination on the basis of protected characteristics, and federal employment discrimination law, both of which may be triggered where AI-assisted employment decisions produce discriminatory outcomes.

B9

Points of Legal Friction

As no AI-specific law has been passed in the District, there is not friction to address as the requirements that currently apply to AI in DC arise largely from federal law or other state or international laws with extraterritorial reach into DC.

B10

Legislative Developments

Enacted Law

No AI-specific statute has currently been enacted by the DC Council.

Proposals and Drafts

Stop Discrimination by Algorithms Act (B25-0114) — NOT ENACTED. The most significant pending AI-related bill in the DC Council, this legislation has been introduced in successive sessions (most recently in the 2023-2024 session as B25-0114). It would prohibit discriminatory algorithmic decision-making, impose algorithmic audit obligations, require transparency, and establish a private right of action. Repeated introduction without enactment reflects the Council's ongoing consideration of but failure to progress AI-specific private sector regulation.

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