Us Ai Law

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By the authority vested in me as President by the Constitution and the laws of the

United States of America, it is hereby ordered as follows:

Section 1. Purpose. Artificial intelligence (AI) holds extraordinary


potential for both promise and peril. Responsible AI use has the potential to help
solve urgent challenges while making our world more prosperous, productive,
innovative, and secure. At the same time, irresponsible use could exacerbate
societal harms such as fraud, discrimination, bias, and disinformation; displace
and disempower workers; stifle competition; and pose risks to national security.
Harnessing AI for good and realizing its myriad benefits requires mitigating its
substantial risks. This endeavor demands a society-wide effort that includes
government, the private sector, academia, and civil society.

My Administration places the highest urgency on governing the development and


use of AI safely and responsibly, and is therefore advancing a coordinated, Federal
Government-wide approach to doing so. The rapid speed at which AI capabilities are
advancing compels the United States to lead in this moment for the sake of our
security, economy, and society.

In the end, AI reflects the principles of the people who build it, the people
who use it, and the data upon which it is built. I firmly believe that the power
of our ideals; the foundations of our society; and the creativity, diversity, and
decency of our people are the reasons that America thrived in past eras of rapid
change. They are the reasons we will succeed again in this moment. We are more
than capable of harnessing AI for justice, security, and opportunity for all.

Sec. 2. Policy and Principles. It is the policy of my Administration to


advance and govern the development and use of AI in accordance with eight guiding
principles and priorities. When undertaking the actions set forth in this order,
executive departments and agencies (agencies) shall, as appropriate and consistent
with applicable law, adhere to these principles, while, as feasible, taking into
account the views of other agencies, industry, members of academia, civil society,
labor unions, international allies and partners, and other relevant organizations:

(a) Artificial Intelligence must be safe and secure. Meeting this goal
requires robust, reliable, repeatable, and standardized evaluations of AI systems,
as well as policies, institutions, and, as appropriate, other mechanisms to test,
understand, and mitigate risks from these systems before they are put to use. It
also requires addressing AI systems’ most pressing security risks — including with
respect to biotechnology, cybersecurity, critical infrastructure, and other
national security dangers — while navigating AI’s opacity and complexity. Testing
and evaluations, including post-deployment performance monitoring, will help ensure
that AI systems function as intended, are resilient against misuse or dangerous
modifications, are ethically developed and operated in a secure manner, and are
compliant with applicable Federal laws and policies. Finally, my Administration
will help develop effective labeling and content provenance mechanisms, so that
Americans are able to determine when content is generated using AI and when it is
not. These actions will provide a vital foundation for an approach that addresses
AI’s risks without unduly reducing its benefits.

(b) Promoting responsible innovation, competition, and collaboration will


allow the United States to lead in AI and unlock the technology’s potential to
solve some of society’s most difficult challenges. This effort requires
investments in AI-related education, training, development, research, and capacity,
while simultaneously tackling novel intellectual property (IP) questions and other
problems to protect inventors and creators. Across the Federal Government, my
Administration will support programs to provide Americans the skills they need for
the age of AI and attract the world’s AI talent to our shores — not just to study,
but to stay — so that the companies and technologies of the future are made in
America. The Federal Government will promote a fair, open, and competitive
ecosystem and marketplace for AI and related technologies so that small developers
and entrepreneurs can continue to drive innovation. Doing so requires stopping
unlawful collusion and addressing risks from dominant firms’ use of key assets such
as semiconductors, computing power, cloud storage, and data to disadvantage
competitors, and it requires supporting a marketplace that harnesses the benefits
of AI to provide new opportunities for small businesses, workers, and
entrepreneurs.

(c) The responsible development and use of AI require a commitment to


supporting American workers. As AI creates new jobs and industries, all workers
need a seat at the table, including through collective bargaining, to ensure that
they benefit from these opportunities. My Administration will seek to adapt job
training and education to support a diverse workforce and help provide access to
opportunities that AI creates. In the workplace itself, AI should not be deployed
in ways that undermine rights, worsen job quality, encourage undue worker
surveillance, lessen market competition, introduce new health and safety risks, or
cause harmful labor-force disruptions. The critical next steps in AI development
should be built on the views of workers, labor unions, educators, and employers to
support responsible uses of AI that improve workers’ lives, positively augment
human work, and help all people safely enjoy the gains and opportunities from
technological innovation.

(d) Artificial Intelligence policies must be consistent with my


Administration’s dedication to advancing equity and civil rights. My
Administration cannot — and will not — tolerate the use of AI to disadvantage those
who are already too often denied equal opportunity and justice. From hiring to
housing to healthcare, we have seen what happens when AI use deepens discrimination
and bias, rather than improving quality of life. Artificial Intelligence systems
deployed irresponsibly have reproduced and intensified existing inequities, caused
new types of harmful discrimination, and exacerbated online and physical harms. My
Administration will build on the important steps that have already been taken —
such as issuing the Blueprint for an AI Bill of Rights, the AI Risk Management
Framework, and Executive Order 14091 of February 16, 2023 (Further Advancing Racial
Equity and Support for Underserved Communities Through the Federal Government) — in
seeking to ensure that AI complies with all Federal laws and to promote robust
technical evaluations, careful oversight, engagement with affected communities, and
rigorous regulation. It is necessary to hold those developing and deploying AI
accountable to standards that protect against unlawful discrimination and abuse,
including in the justice system and the Federal Government. Only then can
Americans trust AI to advance civil rights, civil liberties, equity, and justice
for all.

(e) The interests of Americans who increasingly use, interact with, or


purchase AI and AI-enabled products in their daily lives must be protected. Use of
new technologies, such as AI, does not excuse organizations from their legal
obligations, and hard-won consumer protections are more important than ever in
moments of technological change. The Federal Government will enforce existing
consumer protection laws and principles and enact appropriate safeguards against
fraud, unintended bias, discrimination, infringements on privacy, and other harms
from AI. Such protections are especially important in critical fields like
healthcare, financial services, education, housing, law, and transportation, where
mistakes by or misuse of AI could harm patients, cost consumers or small
businesses, or jeopardize safety or rights. At the same time, my Administration
will promote responsible uses of AI that protect consumers, raise the quality of
goods and services, lower their prices, or expand selection and availability.

(f) Americans’ privacy and civil liberties must be protected as AI continues


advancing. Artificial Intelligence is making it easier to extract, re-identify,
link, infer, and act on sensitive information about people’s identities, locations,
habits, and desires. Artificial Intelligence’s capabilities in these areas can
increase the risk that personal data could be exploited and exposed. To combat
this risk, the Federal Government will ensure that the collection, use, and
retention of data is lawful, is secure, and mitigates privacy and confidentiality
risks. Agencies shall use available policy and technical tools, including privacy-
enhancing technologies (PETs) where appropriate, to protect privacy and to combat
the broader legal and societal risks — including the chilling of First Amendment
rights — that result from the improper collection and use of people’s data.

(g) It is important to manage the risks from the Federal Government’s own use
of AI and increase its internal capacity to regulate, govern, and support
responsible use of AI to deliver better results for Americans. These efforts start
with people, our Nation’s greatest asset. My Administration will take steps to
attract, retain, and develop public service-oriented AI professionals, including
from underserved communities, across disciplines — including technology, policy,
managerial, procurement, regulatory, ethical, governance, and legal fields — and
ease AI professionals’ path into the Federal Government to help harness and govern
AI. The Federal Government will work to ensure that all members of its workforce
receive adequate training to understand the benefits, risks, and limitations of AI
for their job functions, and to modernize Federal Government information technology
infrastructure, remove bureaucratic obstacles, and ensure that safe and rights-
respecting AI is adopted, deployed, and used.

(h) The Federal Government should lead the way to global societal, economic,
and technological progress, as the United States has in previous eras of disruptive
innovation and change. This leadership is not measured solely by the technological
advancements our country makes. Effective leadership also means pioneering those
systems and safeguards needed to deploy technology responsibly — and building and
promoting those safeguards with the rest of the world. My Administration will
engage with international allies and partners in developing a framework to manage
AI’s risks, unlock AI’s potential for good, and promote common approaches to shared
challenges. The Federal Government will seek to promote responsible AI safety and
security principles and actions with other nations, including our competitors,
while leading key global conversations and collaborations to ensure that AI
benefits the whole world, rather than exacerbating inequities, threatening human
rights, and causing other harms.

Sec. 3. Definitions. For purposes of this order:

(a) The term “agency” means each agency described in 44 U.S.C. 3502(1),
except for the independent regulatory agencies described in 44 U.S.C. 3502(5).

(b) The term “artificial intelligence” or “AI” has the meaning set forth in
15 U.S.C. 9401(3): a machine-based system that can, for a given set of human-
defined objectives, make predictions, recommendations, or decisions influencing
real or virtual environments. Artificial intelligence systems use machine- and
human-based inputs to perceive real and virtual environments; abstract such
perceptions into models through analysis in an automated manner; and use model
inference to formulate options for information or action.

(c) The term “AI model” means a component of an information system that
implements AI technology and uses computational, statistical, or machine-learning
techniques to produce outputs from a given set of inputs.

(d) The term “AI red-teaming” means a structured testing effort to find flaws
and vulnerabilities in an AI system, often in a controlled environment and in
collaboration with developers of AI. Artificial Intelligence red-teaming is most
often performed by dedicated “red teams” that adopt adversarial methods to identify
flaws and vulnerabilities, such as harmful or discriminatory outputs from an AI
system, unforeseen or undesirable system behaviors, limitations, or potential risks
associated with the misuse of the system.

(e) The term “AI system” means any data system, software, hardware,
application, tool, or utility that operates in whole or in part using AI.

(f) The term “commercially available information” means any information or


data about an individual or group of individuals, including an individual’s or
group of individuals’ device or location, that is made available or obtainable and
sold, leased, or licensed to the general public or to governmental or non-
governmental entities.

(g) The term “crime forecasting” means the use of analytical techniques to
attempt to predict future crimes or crime-related information. It can include
machine-generated predictions that use algorithms to analyze large volumes of data,
as well as other forecasts that are generated without machines and based on
statistics, such as historical crime statistics.

(h) The term “critical and emerging technologies” means those technologies
listed in the February 2022 Critical and Emerging Technologies List Update issued
by the National Science and Technology Council (NSTC), as amended by subsequent
updates to the list issued by the NSTC.

(i) The term “critical infrastructure” has the meaning set forth in section
1016(e) of the USA PATRIOT Act of 2001, 42 U.S.C. 5195c(e).

(j) The term “differential-privacy guarantee” means protections that allow


information about a group to be shared while provably limiting the improper access,
use, or disclosure of personal information about particular entities.

(k) The term “dual-use foundation model” means an AI model that is trained on
broad data; generally uses self-supervision; contains at least tens of billions of
parameters; is applicable across a wide range of contexts; and that exhibits, or
could be easily modified to exhibit, high levels of performance at tasks that pose
a serious risk to security, national economic security, national public health or
safety, or any combination of those matters, such as by:

(i) substantially lowering the barrier of entry for non-experts to


design, synthesize, acquire, or use chemical, biological, radiological, or nuclear
(CBRN) weapons;

(ii) enabling powerful offensive cyber operations through automated


vulnerability discovery and exploitation against a wide range of potential targets
of cyber attacks; or

(iii) permitting the evasion of human control or oversight through means


of deception or obfuscation.

Models meet this definition even if they are provided to end users with technical
safeguards that attempt to prevent users from taking advantage of the relevant
unsafe capabilities.

(l) The term “Federal law enforcement agency” has the meaning set forth in
section 21(a) of Executive Order 14074 of May 25, 2022 (Advancing Effective,
Accountable Policing and Criminal Justice Practices To Enhance Public Trust and
Public Safety).

(m) The term “floating-point operation” means any mathematical operation or


assignment involving floating-point numbers, which are a subset of the real numbers
typically represented on computers by an integer of fixed precision scaled by an
integer exponent of a fixed base.

(n) The term “foreign person” has the meaning set forth in section 5(c) of
Executive Order 13984 of January 19, 2021 (Taking Additional Steps To Address the
National Emergency With Respect to Significant Malicious Cyber-Enabled Activities).

(o) The terms “foreign reseller” and “foreign reseller of United States
Infrastructure as a Service Products” mean a foreign person who has established an
Infrastructure as a Service Account to provide Infrastructure as a Service Products
subsequently, in whole or in part, to a third party.

(p) The term “generative AI” means the class of AI models that emulate the
structure and characteristics of input data in order to generate derived synthetic
content. This can include images, videos, audio, text, and other digital content.

(q) The terms “Infrastructure as a Service Product,” “United States


Infrastructure as a Service Product,” “United States Infrastructure as a Service
Provider,” and “Infrastructure as a Service Account” each have the respective
meanings given to those terms in section 5 of Executive Order 13984.

(r) The term “integer operation” means any mathematical operation or


assignment involving only integers, or whole numbers expressed without a decimal
point.

(s) The term “Intelligence Community” has the meaning given to that term in
section 3.5(h) of Executive Order 12333 of December 4, 1981 (United States
Intelligence Activities), as amended.

(t) The term “machine learning” means a set of techniques that can be used to
train AI algorithms to improve performance at a task based on data.

(u) The term “model weight” means a numerical parameter within an AI model
that helps determine the model’s outputs in response to inputs.

(v) The term “national security system” has the meaning set forth in 44
U.S.C. 3552(b)(6).

(w) The term “omics” means biomolecules, including nucleic acids, proteins,
and metabolites, that make up a cell or cellular system.

(x) The term “Open RAN” means the Open Radio Access Network approach to
telecommunications-network standardization adopted by the O-RAN Alliance, Third
Generation Partnership Project, or any similar set of published open standards for
multi-vendor network equipment interoperability.

(y) The term “personally identifiable information” has the meaning set forth
in Office of Management and Budget (OMB) Circular No. A-130.

(z) The term “privacy-enhancing technology” means any software or hardware


solution, technical process, technique, or other technological means of mitigating
privacy risks arising from data processing, including by enhancing predictability,
manageability, disassociability, storage, security, and confidentiality. These
technological means may include secure multiparty computation, homomorphic
encryption, zero-knowledge proofs, federated learning, secure enclaves,
differential privacy, and synthetic-data-generation tools. This is also sometimes
referred to as “privacy-preserving technology.”
(aa) The term “privacy impact assessment” has the meaning set forth in OMB
Circular No. A-130.

(bb) The term “Sector Risk Management Agency” has the meaning set forth in 6
U.S.C. 650(23).

(cc) The term “self-healing network” means a telecommunications network that


automatically diagnoses and addresses network issues to permit self-restoration.

(dd) The term “synthetic biology” means a field of science that involves
redesigning organisms, or the biomolecules of organisms, at the genetic level to
give them new characteristics. Synthetic nucleic acids are a type of biomolecule
redesigned through synthetic-biology methods.

(ee) The term “synthetic content” means information, such as images, videos,
audio clips, and text, that has been significantly modified or generated by
algorithms, including by AI.

(ff) The term “testbed” means a facility or mechanism equipped for conducting
rigorous, transparent, and replicable testing of tools and technologies, including
AI and PETs, to help evaluate the functionality, usability, and performance of
those tools or technologies.

(gg) The term “watermarking” means the act of embedding information, which is
typically difficult to remove, into outputs created by AI — including into outputs
such as photos, videos, audio clips, or text — for the purposes of verifying the
authenticity of the output or the identity or characteristics of its provenance,
modifications, or conveyance.
Sec. 4. Ensuring the Safety and Security of AI Technology.

4.1. Developing Guidelines, Standards, and Best Practices for AI Safety and
Security. (a) Within 270 days of the date of this order, to help ensure the
development of safe, secure, and trustworthy AI systems, the Secretary of Commerce,
acting through the Director of the National Institute of Standards and Technology
(NIST), in coordination with the Secretary of Energy, the Secretary of Homeland
Security, and the heads of other relevant agencies as the Secretary of Commerce may
deem appropriate, shall:

(i) Establish guidelines and best practices, with the aim of promoting
consensus industry standards, for developing and deploying safe, secure, and
trustworthy AI systems, including:

(A) developing a companion resource to the AI Risk Management


Framework, NIST AI 100-1, for generative AI;

(B) developing a companion resource to the Secure Software


Development Framework to incorporate secure development practices for generative AI
and for dual-use foundation models; and

(C) launching an initiative to create guidance and benchmarks for


evaluating and auditing AI capabilities, with a focus on capabilities through which
AI could cause harm, such as in the areas of cybersecurity and biosecurity.

(ii) Establish appropriate guidelines (except for AI used as a component


of a national security system), including appropriate procedures and processes, to
enable developers of AI, especially of dual-use foundation models, to conduct AI
red-teaming tests to enable deployment of safe, secure, and trustworthy systems.
These efforts shall include:
(A) coordinating or developing guidelines related to assessing and
managing the safety, security, and trustworthiness of dual-use foundation models;
and

(B) in coordination with the Secretary of Energy and the Director


of the National Science Foundation (NSF), developing and helping to ensure the
availability of testing environments, such as testbeds, to support the development
of safe, secure, and trustworthy AI technologies, as well as to support the design,
development, and deployment of associated PETs, consistent with section 9(b) of
this order.

(b) Within 270 days of the date of this order, to understand and mitigate AI
security risks, the Secretary of Energy, in coordination with the heads of other
Sector Risk Management Agencies (SRMAs) as the Secretary of Energy may deem
appropriate, shall develop and, to the extent permitted by law and available
appropriations, implement a plan for developing the Department of Energy’s AI model
evaluation tools and AI testbeds. The Secretary shall undertake this work using
existing solutions where possible, and shall develop these tools and AI testbeds to
be capable of assessing near-term extrapolations of AI systems’ capabilities. At a
minimum, the Secretary shall develop tools to evaluate AI capabilities to generate
outputs that may represent nuclear, nonproliferation, biological, chemical,
critical infrastructure, and energy-security threats or hazards. The Secretary
shall do this work solely for the purposes of guarding against these threats, and
shall also develop model guardrails that reduce such risks. The Secretary shall,
as appropriate, consult with private AI laboratories, academia, civil society, and
third-party evaluators, and shall use existing solutions.

4.2. Ensuring Safe and Reliable AI. (a) Within 90 days of the date of this
order, to ensure and verify the continuous availability of safe, reliable, and
effective AI in accordance with the Defense Production Act, as amended, 50 U.S.C.
4501 et seq., including for the national defense and the protection of critical
infrastructure, the Secretary of Commerce shall require:

(i) Companies developing or demonstrating an intent to develop


potential dual-use foundation models to provide the Federal Government, on an
ongoing basis, with information, reports, or records regarding the following:

(A) any ongoing or planned activities related to training,


developing, or producing dual-use foundation models, including the physical and
cybersecurity protections taken to assure the integrity of that training process
against sophisticated threats;

(B) the ownership and possession of the model weights of any dual-
use foundation models, and the physical and cybersecurity measures taken to protect
those model weights; and

(C) the results of any developed dual-use foundation model’s


performance in relevant AI red-team testing based on guidance developed by NIST
pursuant to subsection 4.1(a)(ii) of this section, and a description of any
associated measures the company has taken to meet safety objectives, such as
mitigations to improve performance on these red-team tests and strengthen overall
model security. Prior to the development of guidance on red-team testing standards
by NIST pursuant to subsection 4.1(a)(ii) of this section, this description shall
include the results of any red-team testing that the company has conducted relating
to lowering the barrier to entry for the development, acquisition, and use of
biological weapons by non-state actors; the discovery of software vulnerabilities
and development of associated exploits; the use of software or tools to influence
real or virtual events; the possibility for self-replication or propagation; and
associated measures to meet safety objectives; and
(ii) Companies, individuals, or other organizations or entities that
acquire, develop, or possess a potential large-scale computing cluster to report
any such acquisition, development, or possession, including the existence and
location of these clusters and the amount of total computing power available in
each cluster.

(b) The Secretary of Commerce, in consultation with the Secretary of State,


the Secretary of Defense, the Secretary of Energy, and the Director of National
Intelligence, shall define, and thereafter update as needed on a regular basis, the
set of technical conditions for models and computing clusters that would be subject
to the reporting requirements of subsection 4.2(a) of this section. Until such
technical conditions are defined, the Secretary shall require compliance with these
reporting requirements for:

(i) any model that was trained using a quantity of computing power
greater than 1026 integer or floating-point operations, or using primarily
biological sequence data and using a quantity of computing power greater than 1023
integer or floating-point operations; and

(ii) any computing cluster that has a set of machines physically co-
located in a single datacenter, transitively connected by data center networking of
over 100 Gbit/s, and having a theoretical maximum computing capacity of 1020
integer or floating-point operations per second for training AI.

(c) Because I find that additional steps must be taken to deal with the
national emergency related to significant malicious cyber-enabled activities
declared in Executive Order 13694 of April 1, 2015 (Blocking the Property of
Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities), as
amended by Executive Order 13757 of December 28, 2016 (Taking Additional Steps to
Address the National Emergency With Respect to Significant Malicious Cyber-Enabled
Activities), and further amended by Executive Order 13984, to address the use of
United States Infrastructure as a Service (IaaS) Products by foreign malicious
cyber actors, including to impose additional record-keeping obligations with
respect to foreign transactions and to assist in the investigation of transactions
involving foreign malicious cyber actors, I hereby direct the Secretary of
Commerce, within 90 days of the date of this order, to:

(i) Propose regulations that require United States IaaS Providers to


submit a report to the Secretary of Commerce when a foreign person transacts with
that United States IaaS Provider to train a large AI model with potential
capabilities that could be used in malicious cyber-enabled activity (a “training
run”). Such reports shall include, at a minimum, the identity of the foreign
person and the existence of any training run of an AI model meeting the criteria
set forth in this section, or other criteria defined by the Secretary in
regulations, as well as any additional information identified by the Secretary.

(ii) Include a requirement in the regulations proposed pursuant to


subsection 4.2(c)(i) of this section that United States IaaS Providers prohibit any
foreign reseller of their United States IaaS Product from providing those products
unless such foreign reseller submits to the United States IaaS Provider a report,
which the United States IaaS Provider must provide to the Secretary of Commerce,
detailing each instance in which a foreign person transacts with the foreign
reseller to use the United States IaaS Product to conduct a training run described
in subsection 4.2(c)(i) of this section. Such reports shall include, at a minimum,
the information specified in subsection 4.2(c)(i) of this section as well as any
additional information identified by the Secretary.

(iii) Determine the set of technical conditions for a large AI model to


have potential capabilities that could be used in malicious cyber-enabled activity,
and revise that determination as necessary and appropriate. Until the Secretary
makes such a determination, a model shall be considered to have potential
capabilities that could be used in malicious cyber-enabled activity if it requires
a quantity of computing power greater than 1026 integer or floating-point
operations and is trained on a computing cluster that has a set of machines
physically co-located in a single datacenter, transitively connected by data center
networking of over 100 Gbit/s, and having a theoretical maximum compute capacity of
1020 integer or floating-point operations per second for training AI.

(d) Within 180 days of the date of this order, pursuant to the finding set
forth in subsection 4.2(c) of this section, the Secretary of Commerce shall propose
regulations that require United States IaaS Providers to ensure that foreign
resellers of United States IaaS Products verify the identity of any foreign person
that obtains an IaaS account (account) from the foreign reseller. These
regulations shall, at a minimum:

(i) Set forth the minimum standards that a United States IaaS Provider
must require of foreign resellers of its United States IaaS Products to verify the
identity of a foreign person who opens an account or maintains an existing account
with a foreign reseller, including:

(A) the types of documentation and procedures that foreign


resellers of United States IaaS Products must require to verify the identity of any
foreign person acting as a lessee or sub-lessee of these products or services;

(B) records that foreign resellers of United States IaaS Products


must securely maintain regarding a foreign person that obtains an account,
including information establishing:

(1) the identity of such foreign person, including name and


address;

(2) the means and source of payment (including any associated


financial institution and other identifiers such as credit card number, account
number, customer identifier, transaction identifiers, or virtual currency wallet or
wallet address identifier);

(3) the electronic mail address and telephonic contact


information used to verify a foreign person’s identity; and

(4) the Internet Protocol addresses used for access or


administration and the date and time of each such access or administrative action
related to ongoing verification of such foreign person’s ownership of such an
account; and

(C) methods that foreign resellers of United States IaaS Products


must implement to limit all third-party access to the information described in this
subsection, except insofar as such access is otherwise consistent with this order
and allowed under applicable law;

(ii) Take into consideration the types of accounts maintained by


foreign resellers of United States IaaS Products, methods of opening an account,
and types of identifying information available to accomplish the objectives of
identifying foreign malicious cyber actors using any such products and avoiding the
imposition of an undue burden on such resellers; and

(iii) Provide that the Secretary of Commerce, in accordance with such


standards and procedures as the Secretary may delineate and in consultation with
the Secretary of Defense, the Attorney General, the Secretary of Homeland Security,
and the Director of National Intelligence, may exempt a United States IaaS Provider
with respect to any specific foreign reseller of their United States IaaS Products,
or with respect to any specific type of account or lessee, from the requirements of
any regulation issued pursuant to this subsection. Such standards and procedures
may include a finding by the Secretary that such foreign reseller, account, or
lessee complies with security best practices to otherwise deter abuse of United
States IaaS Products.

(e) The Secretary of Commerce is hereby authorized to take such actions,


including the promulgation of rules and regulations, and to employ all powers
granted to the President by the International Emergency Economic Powers Act, 50
U.S.C. 1701 et seq., as may be necessary to carry out the purposes of subsections
4.2(c) and (d) of this section. Such actions may include a requirement that United
States IaaS Providers require foreign resellers of United States IaaS Products to
provide United States IaaS Providers verifications relative to those subsections.

4.3. Managing AI in Critical Infrastructure and in Cybersecurity. (a) To


ensure the protection of critical
infrastructure, the following actions shall be taken:

(i) Within 90 days of the date of this order, and at least annually
thereafter, the head of each agency with relevant regulatory authority over
critical infrastructure and the heads of relevant SRMAs, in coordination with the
Director of the Cybersecurity and Infrastructure Security Agency within the
Department of Homeland Security for consideration of cross-sector risks, shall
evaluate and provide to the Secretary of Homeland Security an assessment of
potential risks related to the use of AI in critical infrastructure sectors
involved, including ways in which deploying AI may make critical infrastructure
systems more vulnerable to critical failures, physical attacks, and cyber attacks,
and shall consider ways to mitigate these vulnerabilities. Independent regulatory
agencies are encouraged, as they deem appropriate, to contribute to sector-specific
risk assessments.

(ii) Within 150 days of the date of this order, the Secretary of the
Treasury shall issue a public report on best practices for financial institutions
to manage AI-specific cybersecurity risks.

(iii) Within 180 days of the date of this order, the Secretary of
Homeland Security, in coordination with the Secretary of Commerce and with SRMAs
and other regulators as determined by the Secretary of Homeland Security, shall
incorporate as appropriate the AI Risk Management Framework, NIST AI 100-1, as well
as other appropriate security guidance, into relevant safety and security
guidelines for use by critical infrastructure owners and operators.

(iv) Within 240 days of the completion of the guidelines described in


subsection 4.3(a)(iii) of this section, the Assistant to the President for National
Security Affairs and the Director of OMB, in consultation with the Secretary of
Homeland Security, shall coordinate work by the heads of agencies with authority
over critical infrastructure to develop and take steps for the Federal Government
to mandate such guidelines, or appropriate portions thereof, through regulatory or
other appropriate action. Independent regulatory agencies are encouraged, as they
deem appropriate, to consider whether to mandate guidance through regulatory action
in their areas of authority and responsibility.

(v) The Secretary of Homeland Security shall establish an Artificial


Intelligence Safety and Security Board as an advisory committee pursuant to section
871 of the Homeland Security Act of 2002 (Public Law 107-296). The Advisory
Committee shall include AI experts from the private sector, academia, and
government, as appropriate, and provide to the Secretary of Homeland Security and
the Federal Government’s critical infrastructure community advice, information, or
recommendations for improving security, resilience, and incident response related
to AI usage in critical infrastructure.

(b) To capitalize on AI’s potential to improve United States cyber defenses:

(i) The Secretary of Defense shall carry out the actions described in
subsections 4.3(b)(ii) and (iii) of this section for national security systems, and
the Secretary of Homeland Security shall carry out these actions for non-national
security systems. Each shall do so in consultation with the heads of other
relevant agencies as the Secretary of Defense and the Secretary of Homeland
Security may deem appropriate.

(ii) As set forth in subsection 4.3(b)(i) of this section, within 180


days of the date of this order, the Secretary of Defense and the Secretary of
Homeland Security shall, consistent with applicable law, each develop plans for,
conduct, and complete an operational pilot project to identify, develop, test,
evaluate, and deploy AI capabilities, such as large-language models, to aid in the
discovery and remediation of vulnerabilities in critical United States Government
software, systems, and networks.

(iii) As set forth in subsection 4.3(b)(i) of this section, within 270


days of the date of this order, the Secretary of Defense and the Secretary of
Homeland Security shall each provide a report to the Assistant to the President for
National Security Affairs on the results of actions taken pursuant to the plans and
operational pilot projects required by subsection 4.3(b)(ii) of this section,
including a description of any vulnerabilities found and fixed through the
development and deployment of AI capabilities and any lessons learned on how to
identify, develop, test, evaluate, and deploy AI capabilities effectively for cyber
defense.

4.4. Reducing Risks at the Intersection of AI and CBRN Threats. (a) To


better understand and mitigate the risk of AI being misused to assist in the
development or use of CBRN threats — with a particular focus on biological weapons
— the following actions shall be taken:

(i) Within 180 days of the date of this order, the Secretary of
Homeland Security, in consultation with the Secretary of Energy and the Director of
the Office of Science and Technology Policy (OSTP), shall evaluate the potential
for AI to be misused to enable the development or production of CBRN threats, while
also considering the benefits and application of AI to counter these threats,
including, as appropriate, the results of work conducted under section 8(b) of this
order. The Secretary of Homeland Security shall:

(A) consult with experts in AI and CBRN issues from the Department
of Energy, private AI laboratories, academia, and third-party model evaluators, as
appropriate, to evaluate AI model capabilities to present CBRN threats — for the
sole purpose of guarding against those threats — as well as options for minimizing
the risks of AI model misuse to generate or exacerbate those threats; and

(B) submit a report to the President that describes the progress of


these efforts, including an assessment of the types of AI models that may present
CBRN risks to the United States, and that makes recommendations for regulating or
overseeing the training, deployment, publication, or use of these models, including
requirements for safety evaluations and guardrails for mitigating potential threats
to national security.

(ii) Within 120 days of the date of this order, the Secretary of
Defense, in consultation with the Assistant to the President for National Security
Affairs and the Director of OSTP, shall enter into a contract with the National
Academies of Sciences, Engineering, and Medicine to conduct — and submit to the
Secretary of Defense, the Assistant to the President for National Security Affairs,
the Director of the Office of Pandemic Preparedness and Response Policy, the
Director of OSTP, and the Chair of the Chief Data Officer Council — a study that:

(A) assesses the ways in which AI can increase biosecurity risks,


including risks from generative AI models trained on biological data, and makes
recommendations on how to mitigate these risks;

(B) considers the national security implications of the use of data


and datasets, especially those associated with pathogens and omics studies, that
the United States Government hosts, generates, funds the creation of, or otherwise
owns, for the training of generative AI models, and makes recommendations on how to
mitigate the risks related to the use of these data and datasets;

(C) assesses the ways in which AI applied to biology can be used to


reduce biosecurity risks, including recommendations on opportunities to coordinate
data and high-performance computing resources; and

(D) considers additional concerns and opportunities at the


intersection of AI and synthetic biology that the Secretary of Defense deems
appropriate.

(b) To reduce the risk of misuse of synthetic nucleic acids, which could be
substantially increased by AI’s capabilities in this area, and improve biosecurity
measures for the nucleic acid synthesis industry, the following actions shall be
taken:

(i) Within 180 days of the date of this order, the Director of OSTP,
in consultation with the Secretary of State, the Secretary of Defense, the Attorney
General, the Secretary of Commerce, the Secretary of Health and Human Services
(HHS), the Secretary of Energy, the Secretary of Homeland Security, the Director of
National Intelligence, and the heads of other relevant agencies as the Director of
OSTP may deem appropriate, shall establish a framework, incorporating, as
appropriate, existing United States Government guidance, to encourage providers of
synthetic nucleic acid sequences to implement comprehensive, scalable, and
verifiable synthetic nucleic acid procurement screening mechanisms, including
standards and recommended incentives. As part of this framework, the Director of
OSTP shall:

(A) establish criteria and mechanisms for ongoing identification of


biological sequences that could be used in a manner that would pose a risk to the
national security of the United States; and

(B) determine standardized methodologies and tools for conducting


and verifying the performance of sequence synthesis procurement screening,
including customer screening approaches to support due diligence with respect to
managing security risks posed by purchasers of biological sequences identified in
subsection 4.4(b)(i)(A) of this section, and processes for the reporting of
concerning activity to enforcement entities.

(ii) Within 180 days of the date of this order, the Secretary of
Commerce, acting through the Director of NIST, in coordination with the Director of
OSTP, and in consultation with the Secretary of State, the Secretary of HHS, and
the heads of other relevant agencies as the Secretary of Commerce may deem
appropriate, shall initiate an effort to engage with industry and relevant
stakeholders, informed by the framework developed under subsection 4.4(b)(i) of
this section, to develop and refine for possible use by synthetic nucleic acid
sequence providers:

(A) specifications for effective nucleic acid synthesis procurement


screening;

(B) best practices, including security and access controls, for


managing sequence-of-concern databases to support such screening;

(C) technical implementation guides for effective screening; and

(D) conformity-assessment best practices and mechanisms.

(iii) Within 180 days of the establishment of the framework pursuant to


subsection 4.4(b)(i) of this section, all agencies that fund life-sciences research
shall, as appropriate and consistent with applicable law, establish that, as a
requirement of funding, synthetic nucleic acid procurement is conducted through
providers or manufacturers that adhere to the framework, such as through an
attestation from the provider or manufacturer. The Assistant to the President for
National Security Affairs and the Director of OSTP shall coordinate the process of
reviewing such funding requirements to facilitate consistency in implementation of
the framework across funding agencies.

(iv) In order to facilitate effective implementation of the measures


described in subsections 4.4(b)(i)-(iii) of this section, the Secretary of Homeland
Security, in consultation with the heads of other relevant agencies as the
Secretary of Homeland Security may deem appropriate, shall:

(A) within 180 days of the establishment of the framework pursuant


to subsection 4.4(b)(i) of this section, develop a framework to conduct structured
evaluation and stress testing of nucleic acid synthesis procurement screening,
including the systems developed in accordance with subsections 4.4(b)(i)-(ii) of
this section and implemented by providers of synthetic nucleic acid sequences; and

(B) following development of the framework pursuant to subsection


4.4(b)(iv)(A) of this section, submit an annual report to the Assistant to the
President for National Security Affairs, the Director of the Office of Pandemic
Preparedness and Response Policy, and the Director of OSTP on any results of the
activities conducted pursuant to subsection 4.4(b)(iv)(A) of this section,
including recommendations, if any, on how to strengthen nucleic acid synthesis
procurement screening, including customer screening systems.

4.5. Reducing the Risks Posed by Synthetic Content.

To foster capabilities for identifying and labeling synthetic content produced by


AI systems, and to establish the authenticity and provenance of digital content,
both synthetic and not synthetic, produced by the Federal Government or on its
behalf:

(a) Within 240 days of the date of this order, the Secretary of Commerce, in
consultation with the heads of other relevant agencies as the Secretary of Commerce
may deem appropriate, shall submit a report to the Director of OMB and the
Assistant to the President for National Security Affairs identifying the existing
standards, tools, methods, and practices, as well as the potential development of
further science-backed standards and techniques, for:

(i) authenticating content and tracking its provenance;


(ii) labeling synthetic content, such as using watermarking;

(iii) detecting synthetic content;

(iv) preventing generative AI from producing child sexual abuse


material or producing non-consensual intimate imagery of real individuals (to
include intimate digital depictions of the body or body parts of an identifiable
individual);

(v) testing software used for the above purposes; and

(vi) auditing and maintaining synthetic content.

(b) Within 180 days of submitting the report required under subsection 4.5(a)
of this section, and updated periodically thereafter, the Secretary of Commerce, in
coordination with the Director of OMB, shall develop guidance regarding the
existing tools and practices for digital content authentication and synthetic
content detection measures. The guidance shall include measures for the purposes
listed in subsection 4.5(a) of this section.

(c) Within 180 days of the development of the guidance required under
subsection 4.5(b) of this section, and updated periodically thereafter, the
Director of OMB, in consultation with the Secretary of State; the Secretary of
Defense; the Attorney General; the Secretary of Commerce, acting through the
Director of NIST; the Secretary of Homeland Security; the Director of National
Intelligence; and the heads of other agencies that the Director of OMB deems
appropriate, shall — for the purpose of strengthening public confidence in the
integrity of official United States Government digital content — issue guidance to
agencies for labeling and authenticating such content that they produce or publish.

(d) The Federal Acquisition Regulatory Council shall, as appropriate and


consistent with applicable law, consider amending the Federal Acquisition
Regulation to take into account the guidance established under subsection 4.5 of
this section.

4.6. Soliciting Input on Dual-Use Foundation Models with Widely Available


Model Weights. When the weights for a dual-use foundation model are widely
available — such as when they are publicly posted on the Internet — there can be
substantial benefits to innovation, but also substantial security risks, such as
the removal of safeguards within the model. To address the risks and potential
benefits of dual-use foundation models with widely available weights, within 270
days of the date of this order, the Secretary of Commerce, acting through the
Assistant Secretary of Commerce for Communications and Information, and in
consultation with the Secretary of State, shall:

(a) solicit input from the private sector, academia, civil society, and other
stakeholders through a public consultation process on potential risks, benefits,
other implications, and appropriate policy and regulatory approaches related to
dual-use foundation models for which the model weights are widely available,
including:

(i) risks associated with actors fine-tuning dual-use foundation


models for which the model weights are widely available or removing those models’
safeguards;

(ii) benefits to AI innovation and research, including research into AI


safety and risk management, of dual-use foundation models for which the model
weights are widely available; and
(iii) potential voluntary, regulatory, and international mechanisms to
manage the risks and maximize the benefits of dual-use foundation models for which
the model weights are widely available; and

(b) based on input from the process described in subsection 4.6(a) of this
section, and in consultation with the heads of other relevant agencies as the
Secretary of Commerce deems appropriate, submit a report to the President on the
potential benefits, risks, and implications of dual-use foundation models for which
the model weights are widely available, as well as policy and regulatory
recommendations pertaining to those models.

4.7. Promoting Safe Release and Preventing the Malicious Use of Federal Data
for AI Training.To improve public data access and manage security risks, and
consistent with the objectives of the Open, Public, Electronic, and Necessary
Government Data Act (title II of Public Law 115-435) to expand public access to
Federal data assets in a machine-readable format while also taking into account
security considerations, including the risk that information in an individual data
asset in isolation does not pose a security risk but, when combined with other
available information, may pose such a risk:

(a) within 270 days of the date of this order, the Chief Data Officer
Council, in consultation with the Secretary of Defense, the Secretary of Commerce,
the Secretary of Energy, the Secretary of Homeland Security, and the Director of
National Intelligence, shall develop initial guidelines for performing security
reviews, including reviews to identify and manage the potential security risks of
releasing Federal data that could aid in the development of CBRN weapons as well as
the development of autonomous offensive cyber capabilities, while also providing
public access to Federal Government data in line with the goals stated in the Open,
Public, Electronic, and Necessary Government Data Act (title II of Public Law 115-
435); and

(b) within 180 days of the development of the initial guidelines required by
subsection 4.7(a) of this section, agencies shall conduct a security review of all
data assets in the comprehensive data inventory required under 44 U.S.C. 3511(a)(1)
and (2)(B) and shall take steps, as appropriate and consistent with applicable law,
to address the highest-priority potential security risks that releasing that data
could raise with respect to CBRN weapons, such as the ways in which that data could
be used to train AI systems.

4.8. Directing the Development of a National Security Memorandum. To develop


a coordinated executive branch approach to managing AI’s security risks, the
Assistant to the President for National Security Affairs and the Assistant to the
President and Deputy Chief of Staff for Policy shall oversee an interagency process
with the purpose of, within 270 days of the date of this order, developing and
submitting a proposed National Security Memorandum on AI to the President. The
memorandum shall address the governance of AI used as a component of a national
security system or for military and intelligence purposes. The memorandum shall
take into account current efforts to govern the development and use of AI for
national security systems. The memorandum shall outline actions for the Department
of Defense, the Department of State, other relevant agencies, and the Intelligence
Community to address the national security risks and potential benefits posed by
AI. In particular, the memorandum shall:

(a) provide guidance to the Department of Defense, other relevant agencies,


and the Intelligence Community on the continued adoption of AI capabilities to
advance the United States national security mission, including through directing
specific AI assurance and risk-management practices for national security uses of
AI that may affect the rights or safety of United States persons and, in
appropriate contexts, non-United States persons; and

(b) direct continued actions, as appropriate and consistent with applicable


law, to address the potential use of AI systems by adversaries and other foreign
actors in ways that threaten the capabilities or objectives of the Department of
Defense or the Intelligence Community, or that otherwise pose risks to the security
of the United States or its allies and partners.

Sec. 5. Promoting Innovation and Competition.

5.1. Attracting AI Talent to the United States. (a) Within 90 days of the
date of this order, to attract and retain talent in AI and other critical and
emerging technologies in the United States economy, the Secretary of State and the
Secretary of Homeland Security shall take appropriate steps to:

(i) streamline processing times of visa petitions and applications,


including by ensuring timely availability of visa appointments, for noncitizens who
seek to travel to the United States to work on, study, or conduct research in AI or
other critical and emerging technologies; and

(ii) facilitate continued availability of visa appointments in


sufficient volume for applicants with expertise in AI or other critical and
emerging technologies.

(b) Within 120 days of the date of this order, the Secretary of State shall:

(i) consider initiating a rulemaking to establish new criteria to


designate countries and skills on the Department of State’s Exchange Visitor Skills
List as it relates to the 2-year foreign residence requirement for certain J-1
nonimmigrants, including those skills that are critical to the United States;

(ii) consider publishing updates to the 2009 Revised Exchange Visitor


Skills List (74 FR 20108); and

(iii) consider implementing a domestic visa renewal program under 22


C.F.R. 41.111(b) to facilitate the ability of qualified applicants, including
highly skilled talent in AI and critical and emerging technologies, to continue
their work in the United States without unnecessary interruption.

(c) Within 180 days of the date of this order, the Secretary of State shall:

(i) consider initiating a rulemaking to expand the categories of


nonimmigrants who qualify for the domestic visa renewal program covered under 22
C.F.R. 41.111(b) to include academic J-1 research scholars and F-1 students in
science, technology, engineering, and mathematics (STEM); and

(ii) establish, to the extent permitted by law and available


appropriations, a program to identify and attract top talent in AI and other
critical and emerging technologies at universities, research institutions, and the
private sector overseas, and to establish and increase connections with that talent
to educate them on opportunities and resources for research and employment in the
United States, including overseas educational components to inform top STEM talent
of nonimmigrant and immigrant visa options and potential expedited adjudication of
their visa petitions and applications.

(d) Within 180 days of the date of this order, the Secretary of Homeland
Security shall:

(i) review and initiate any policy changes the Secretary determines
necessary and appropriate to clarify and modernize immigration pathways for experts
in AI and other critical and emerging technologies, including O-1A and EB-1
noncitizens of extraordinary ability; EB-2 advanced-degree holders and noncitizens
of exceptional ability; and startup founders in AI and other critical and emerging
technologies using the International Entrepreneur Rule; and

(ii) continue its rulemaking process to modernize the H-1B program and
enhance its integrity and usage, including by experts in AI and other critical and
emerging technologies, and consider initiating a rulemaking to enhance the process
for noncitizens, including experts in AI and other critical and emerging
technologies and their spouses, dependents, and children, to adjust their status to
lawful permanent resident.

(e) Within 45 days of the date of this order, for purposes of considering
updates to the “Schedule A” list of occupations, 20 C.F.R. 656.5, the Secretary of
Labor shall publish a request for information (RFI) to solicit public input,
including from industry and worker-advocate communities, identifying AI and other
STEM-related occupations, as well as additional occupations across the economy, for
which there is an insufficient number of ready, willing, able, and qualified United
States workers.

(f) The Secretary of State and the Secretary of Homeland Security shall,
consistent with applicable law and implementing regulations, use their
discretionary authorities to support and attract foreign nationals with special
skills in AI and other critical and emerging technologies seeking to work, study,
or conduct research in the United States.

(g) Within 120 days of the date of this order, the Secretary of Homeland
Security, in consultation with the Secretary of State, the Secretary of Commerce,
and the Director of OSTP, shall develop and publish informational resources to
better attract and retain experts in AI and other critical and emerging
technologies, including:

(i) a clear and comprehensive guide for experts in AI and other


critical and emerging technologies to understand their options for working in the
United States, to be published in multiple relevant languages on AI.gov; and

(ii) a public report with relevant data on applications, petitions,


approvals, and other key indicators of how experts in AI and other critical and
emerging technologies have utilized the immigration system through the end of
Fiscal Year 2023.

5.2. Promoting Innovation. (a) To develop and strengthen public-private


partnerships for advancing innovation, commercialization, and risk-mitigation
methods for AI, and to help promote safe, responsible, fair, privacy-protecting,
and trustworthy AI systems, the Director of NSF shall take the following steps:

(i) Within 90 days of the date of this order, in coordination with the
heads of agencies that the Director of NSF deems appropriate, launch a pilot
program implementing the National AI Research Resource (NAIRR), consistent with
past recommendations of the NAIRR Task Force. The program shall pursue the
infrastructure, governance mechanisms, and user interfaces to pilot an initial
integration of distributed computational, data, model, and training resources to be
made available to the research community in support of AI-related research and
development. The Director of NSF shall identify Federal and private sector
computational, data, software, and training resources appropriate for inclusion in
the NAIRR pilot program. To assist with such work, within 45 days of the date of
this order, the heads of agencies whom the Director of NSF identifies for
coordination pursuant to this subsection shall each submit to the Director of NSF a
report identifying the agency resources that could be developed and integrated into
such a pilot program. These reports shall include a description of such resources,
including their current status and availability; their format, structure, or
technical specifications; associated agency expertise that will be provided; and
the benefits and risks associated with their inclusion in the NAIRR pilot program.
The heads of independent regulatory agencies are encouraged to take similar steps,
as they deem appropriate.

(ii) Within 150 days of the date of this order, fund and launch at
least one NSF Regional Innovation Engine that prioritizes AI-related work, such as
AI-related research, societal, or workforce needs.

(iii) Within 540 days of the date of this order, establish at least four
new National AI Research Institutes, in addition to the 25 currently funded as of
the date of this order.

(b) Within 120 days of the date of this order, to support activities
involving high-performance and data-intensive computing, the Secretary of Energy,
in coordination with the Director of NSF, shall, in a manner consistent with
applicable law and available appropriations, establish a pilot program to enhance
existing successful training programs for scientists, with the goal of training 500
new researchers by 2025 capable of meeting the rising demand for AI talent.

(c) To promote innovation and clarify issues related to AI and inventorship


of patentable subject matter, the Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and Trademark Office (USPTO
Director) shall:

(i) within 120 days of the date of this order, publish guidance to
USPTO patent examiners and applicants addressing inventorship and the use of AI,
including generative AI, in the inventive process, including illustrative examples
in which AI systems play different roles in inventive processes and how, in each
example, inventorship issues ought to be analyzed;

(ii) subsequently, within 270 days of the date of this order, issue
additional guidance to USPTO patent examiners and applicants to address other
considerations at the intersection of AI and IP, which could include, as the USPTO
Director deems necessary, updated guidance on patent eligibility to address
innovation in AI and critical and emerging technologies; and

(iii) within 270 days of the date of this order or 180 days after the
United States Copyright Office of the Library of Congress publishes its forthcoming
AI study that will address copyright issues raised by AI, whichever comes later,
consult with the Director of the United States Copyright Office and issue
recommendations to the President on potential executive actions relating to
copyright and AI. The recommendations shall address any copyright and related
issues discussed in the United States Copyright Office’s study, including the scope
of protection for works produced using AI and the treatment of copyrighted works in
AI training.

(d) Within 180 days of the date of this order, to assist developers of AI in
combatting AI-related IP risks, the Secretary of Homeland Security, acting through
the Director of the National Intellectual Property Rights Coordination Center, and
in consultation with the Attorney General, shall develop a training, analysis, and
evaluation program to mitigate AI-related IP risks. Such a program shall:

(i) include appropriate personnel dedicated to collecting and


analyzing reports of AI-related IP theft, investigating such incidents with
implications for national security, and, where appropriate and consistent with
applicable law, pursuing related enforcement actions;

(ii) implement a policy of sharing information and coordinating on such


work, as appropriate and consistent with applicable law, with the Federal Bureau of
Investigation; United States Customs and Border Protection; other agencies; State
and local agencies; and appropriate international organizations, including through
work-sharing agreements;

(iii) develop guidance and other appropriate resources to assist private


sector actors with mitigating the risks of AI-related IP theft;

(iv) share information and best practices with AI developers and law
enforcement personnel to identify incidents, inform stakeholders of current legal
requirements, and evaluate AI systems for IP law violations, as well as develop
mitigation strategies and resources; and

(v) assist the Intellectual Property Enforcement Coordinator in


updating the Intellectual Property Enforcement Coordinator Joint Strategic Plan on
Intellectual Property Enforcement to address AI-related issues.

(e) To advance responsible AI innovation by a wide range of healthcare


technology developers that promotes the welfare of patients and workers in the
healthcare sector, the Secretary of HHS shall identify and, as appropriate and
consistent with applicable law and the activities directed in section 8 of this
order, prioritize grantmaking and other awards, as well as undertake related
efforts, to support responsible AI development and use, including:

(i) collaborating with appropriate private sector actors through HHS


programs that may support the advancement of AI-enabled tools that develop
personalized immune-response profiles for patients, consistent with section 4 of
this order;

(ii) prioritizing the allocation of 2024 Leading Edge Acceleration


Project cooperative agreement awards to initiatives that explore ways to improve
healthcare-data quality to support the responsible development of AI tools for
clinical care, real-world-evidence programs, population health, public health, and
related research; and

(iii) accelerating grants awarded through the National Institutes of


Health Artificial Intelligence/Machine Learning Consortium to Advance Health Equity
and Researcher Diversity (AIM-AHEAD) program and showcasing current AIM-AHEAD
activities in underserved communities.

(f) To advance the development of AI systems that improve the quality of


veterans’ healthcare, and in order to support small businesses’ innovative
capacity, the Secretary of Veterans Affairs shall:

(i) within 365 days of the date of this order, host two 3-month
nationwide AI Tech Sprint competitions; and

(ii) as part of the AI Tech Sprint competitions and in collaboration


with appropriate partners, provide participants access to technical assistance,
mentorship opportunities, individualized expert feedback on products under
development, potential contract opportunities, and other programming and resources.

(g) Within 180 days of the date of this order, to support the goal of
strengthening our Nation’s resilience against climate change impacts and building
an equitable clean energy economy for the future, the Secretary of Energy, in
consultation with the Chair of the Federal Energy Regulatory Commission, the
Director of OSTP, the Chair of the Council on Environmental Quality, the Assistant
to the President and National Climate Advisor, and the heads of other relevant
agencies as the Secretary of Energy may deem appropriate, shall:

(i) issue a public report describing the potential for AI to improve


planning, permitting, investment, and operations for electric grid infrastructure
and to enable the provision of clean, affordable, reliable, resilient, and secure
electric power to all Americans;

(ii) develop tools that facilitate building foundation models useful


for basic and applied science, including models that streamline permitting and
environmental reviews while improving environmental and social outcomes;

(iii) collaborate, as appropriate, with private sector organizations and


members of academia to support development of AI tools to mitigate climate change
risks;

(iv) take steps to expand partnerships with industry, academia, other


agencies, and international allies and partners to utilize the Department of
Energy’s computing capabilities and AI testbeds to build foundation models that
support new applications in science and energy, and for national security,
including partnerships that increase community preparedness for climate-related
risks, enable clean-energy deployment (including addressing delays in permitting
reviews), and enhance grid reliability and resilience; and

(v) establish an office to coordinate development of AI and other


critical and emerging technologies across Department of Energy programs and the 17
National Laboratories.

(h) Within 180 days of the date of this order, to understand AI’s
implications for scientific research, the President’s Council of Advisors on
Science and Technology shall submit to the President and make publicly available a
report on the potential role of AI, especially given recent developments in AI, in
research aimed at tackling major societal and global challenges. The report shall
include a discussion of issues that may hinder the effective use of AI in research
and practices needed to ensure that AI is used responsibly for research.

5.3. Promoting Competition. (a) The head of each agency developing policies
and regulations related to AI shall use their authorities, as appropriate and
consistent with applicable law, to promote competition in AI and related
technologies, as well as in other markets. Such actions include addressing risks
arising from concentrated control of key inputs, taking steps to stop unlawful
collusion and prevent dominant firms from disadvantaging competitors, and working
to provide new opportunities for small businesses and entrepreneurs. In
particular, the Federal Trade Commission is encouraged to consider, as it deems
appropriate, whether to exercise the Commission’s existing authorities, including
its rulemaking authority under the Federal Trade Commission Act, 15 U.S.C. 41 et
seq., to ensure fair competition in the AI marketplace and to ensure that consumers
and workers are protected from harms that may be enabled by the use of AI.

(b) To promote competition and innovation in the semiconductor industry,


recognizing that semiconductors power AI technologies and that their availability
is critical to AI competition, the Secretary of Commerce shall, in implementing
division A of Public Law 117-167, known as the Creating Helpful Incentives to
Produce Semiconductors (CHIPS) Act of 2022, promote competition by:

(i) implementing a flexible membership structure for the National


Semiconductor Technology Center that attracts all parts of the semiconductor and
microelectronics ecosystem, including startups and small firms;
(ii) implementing mentorship programs to increase interest and
participation in the semiconductor industry, including from workers in underserved
communities;

(iii) increasing, where appropriate and to the extent permitted by law,


the availability of resources to startups and small businesses, including:

(A) funding for physical assets, such as specialty equipment or


facilities, to which startups and small businesses may not otherwise have access;

(B) datasets — potentially including test and performance data —


collected, aggregated, or shared by CHIPS research and development programs;

(C) workforce development programs;

(D) design and process technology, as well as IP, as appropriate;


and

(E) other resources, including technical and intellectual property


assistance, that could accelerate commercialization of new technologies by startups
and small businesses, as appropriate; and

(iv) considering the inclusion, to the maximum extent possible, and as


consistent with applicable law, of competition-increasing measures in notices of
funding availability for commercial research-and-development facilities focused on
semiconductors, including measures that increase access to facility capacity for
startups or small firms developing semiconductors used to power AI technologies.

(c) To support small businesses innovating and commercializing AI, as well as


in responsibly adopting and deploying AI, the Administrator of the Small Business
Administration shall:

(i) prioritize the allocation of Regional Innovation Cluster program


funding for clusters that support planning activities related to the establishment
of one or more Small Business AI Innovation and Commercialization Institutes that
provide support, technical assistance, and other resources to small businesses
seeking to innovate, commercialize, scale, or otherwise advance the development of
AI;

(ii) prioritize the allocation of up to $2 million in Growth


Accelerator Fund Competition bonus prize funds for accelerators that support the
incorporation or expansion of AI-related curricula, training, and technical
assistance, or other AI-related resources within their programming; and

(iii) assess the extent to which the eligibility criteria of existing


programs, including the State Trade Expansion Program, Technical and Business
Assistance funding, and capital-access programs — such as the 7(a) loan program,
504 loan program, and Small Business Investment Company (SBIC) program — support
appropriate expenses by small businesses related to the adoption of AI and, if
feasible and appropriate, revise eligibility criteria to improve support for these
expenses.

(d) The Administrator of the Small Business Administration, in coordination


with resource partners, shall conduct outreach regarding, and raise awareness of,
opportunities for small businesses to use capital-access programs described in
subsection 5.3(c) of this section for eligible AI-related purposes, and for
eligible investment funds with AI-related expertise — particularly those seeking to
serve or with experience serving underserved communities — to apply for an SBIC
license.

Sec. 6. Supporting Workers.(a) To advance the Government’s understanding of


AI’s implications for workers, the following actions shall be taken within 180 days
of the date of this order:

(i) The Chairman of the Council of Economic Advisers shall prepare and
submit a report to the President on the labor-market effects of AI.

(ii) To evaluate necessary steps for the Federal Government to address


AI-related workforce disruptions, the Secretary of Labor shall submit to the
President a report analyzing the abilities of agencies to support workers displaced
by the adoption of AI and other technological advancements. The report shall, at a
minimum:

(A) assess how current or formerly operational Federal programs


designed to assist workers facing job disruptions — including unemployment
insurance and programs authorized by the Workforce Innovation and Opportunity Act
(Public Law 113-128) — could be used to respond to possible future AI-related
disruptions; and

(B) identify options, including potential legislative measures, to


strengthen or develop additional Federal support for workers displaced by AI and,
in consultation with the Secretary of Commerce and the Secretary of Education,
strengthen and expand education and training opportunities that provide individuals
pathways to occupations related to AI.

(b) To help ensure that AI deployed in the workplace advances employees’


well-being:

(i) The Secretary of Labor shall, within 180 days of the date of this
order and in consultation with other agencies and with outside entities, including
labor unions and workers, as the Secretary of Labor deems appropriate, develop and
publish principles and best practices for employers that could be used to mitigate
AI’s potential harms to employees’ well-being and maximize its potential benefits.
The principles and best practices shall include specific steps for employers to
take with regard to AI, and shall cover, at a minimum:

(A) job-displacement risks and career opportunities related to AI,


including effects on job skills and evaluation of applicants and workers;

(B) labor standards and job quality, including issues related to


the equity, protected-activity, compensation, health, and safety implications of AI
in the workplace; and

(C) implications for workers of employers’ AI-related collection


and use of data about them, including transparency, engagement, management, and
activity protected under worker-protection laws.

(ii) After principles and best practices are developed pursuant to


subsection (b)(i) of this section, the heads of agencies shall consider, in
consultation with the Secretary of Labor, encouraging the adoption of these
guidelines in their programs to the extent appropriate for each program and
consistent with applicable law.

(iii) To support employees whose work is monitored or augmented by AI in


being compensated appropriately for all of their work time, the Secretary of Labor
shall issue guidance to make clear that employers that deploy AI to monitor or
augment employees’ work must continue to comply with protections that ensure that
workers are compensated for their hours worked, as defined under the Fair Labor
Standards Act of 1938, 29 U.S.C. 201 et seq., and other legal requirements.

(c) To foster a diverse AI-ready workforce, the Director of NSF shall


prioritize available resources to support AI-related education and AI-related
workforce development through existing programs. The Director shall additionally
consult with agencies, as appropriate, to identify further opportunities for
agencies to allocate resources for those purposes. The actions by the Director
shall use appropriate fellowship programs and awards for these purposes.

Sec. 7. Advancing Equity and Civil Rights.

7.1. Strengthening AI and Civil Rights in the Criminal Justice System. (a)
To address unlawful discrimination and other harms that may be exacerbated by AI,
the Attorney General shall:

(i) consistent with Executive Order 12250 of November 2, 1980


(Leadership and Coordination of Nondiscrimination Laws), Executive Order 14091, and
28 C.F.R. 0.50-51, coordinate with and support agencies in their implementation and
enforcement of existing Federal laws to address civil rights and civil liberties
violations and discrimination related to AI;

(ii) direct the Assistant Attorney General in charge of the Civil


Rights Division to convene, within 90 days of the date of this order, a meeting of
the heads of Federal civil rights offices — for which meeting the heads of civil
rights offices within independent regulatory agencies will be encouraged to join —
to discuss comprehensive use of their respective authorities and offices to:
prevent and address discrimination in the use of automated systems, including
algorithmic discrimination; increase coordination between the Department of
Justice’s Civil Rights Division and Federal civil rights offices concerning issues
related to AI and algorithmic discrimination; improve external stakeholder
engagement to promote public awareness of potential discriminatory uses and effects
of AI; and develop, as appropriate, additional training, technical assistance,
guidance, or other resources; and

(iii) consider providing, as appropriate and consistent with applicable


law, guidance, technical assistance, and training to State, local, Tribal, and
territorial investigators and prosecutors on best practices for investigating and
prosecuting civil rights violations and discrimination related to automated
systems, including AI.

(b) To promote the equitable treatment of individuals and adhere to the


Federal Government’s fundamental obligation to ensure fair and impartial justice
for all, with respect to the use of AI in the criminal justice system, the Attorney
General shall, in consultation with the Secretary of Homeland Security and the
Director of OSTP:

(i) within 365 days of the date of this order, submit to the President
a report that addresses the use of AI in the criminal justice system, including any
use in:

(A) sentencing;

(B) parole, supervised release, and probation;

(C) bail, pretrial release, and pretrial detention;

(D) risk assessments, including pretrial, earned time, and early


release or transfer to home-confinement determinations;
(E) police surveillance;

(F) crime forecasting and predictive policing, including the


ingestion of historical crime data into AI systems to predict high-density “hot
spots”;

(G) prison-management tools; and

(H) forensic analysis;

(ii) within the report set forth in subsection 7.1(b)(i) of this


section:

(A) identify areas where AI can enhance law enforcement efficiency


and accuracy, consistent with protections for privacy, civil rights, and civil
liberties; and

(B) recommend best practices for law enforcement agencies,


including safeguards and appropriate use limits for AI, to address the concerns set
forth in section 13(e)(i) of Executive Order 14074 as well as the best practices
and the guidelines set forth in section 13(e)(iii) of Executive Order 14074; and

(iii) supplement the report set forth in subsection 7.1(b)(i) of this


section as appropriate with recommendations to the President, including with
respect to requests for necessary legislation.

(c) To advance the presence of relevant technical experts and expertise (such
as machine-learning engineers, software and infrastructure engineering, data
privacy experts, data scientists, and user experience researchers) among law
enforcement professionals:

(i) The interagency working group created pursuant to section 3 of


Executive Order 14074 shall, within 180 days of the date of this order, identify
and share best practices for recruiting and hiring law enforcement professionals
who have the technical skills mentioned in subsection 7.1(c) of this section, and
for training law enforcement professionals about responsible application of AI.

(ii) Within 270 days of the date of this order, the Attorney General
shall, in consultation with the Secretary of Homeland Security, consider those best
practices and the guidance developed under section 3(d) of Executive Order 14074
and, if necessary, develop additional general recommendations for State, local,
Tribal, and territorial law enforcement agencies and criminal justice agencies
seeking to recruit, hire, train, promote, and retain highly qualified and service-
oriented officers and staff with relevant technical knowledge. In considering this
guidance, the Attorney General shall consult with State, local, Tribal, and
territorial law enforcement agencies, as appropriate.

(iii) Within 365 days of the date of this order, the Attorney General
shall review the work conducted pursuant to section 2(b) of Executive Order 14074
and, if appropriate, reassess the existing capacity to investigate law enforcement
deprivation of rights under color of law resulting from the use of AI, including
through improving and increasing training of Federal law enforcement officers,
their supervisors, and Federal prosecutors on how to investigate and prosecute
cases related to AI involving the deprivation of rights under color of law pursuant
to 18 U.S.C. 242.

7.2. Protecting Civil Rights Related to Government Benefits and Programs.


(a) To advance equity and civil rights, consistent with the directives of
Executive Order 14091, and in addition to complying with the guidance on Federal
Government use of AI issued pursuant to section 10.1(b) of this order, agencies
shall use their respective civil rights and civil liberties offices and authorities
— as appropriate and consistent with applicable law — to prevent and address
unlawful discrimination and other harms that result from uses of AI in Federal
Government programs and benefits administration. This directive does not apply to
agencies’ civil or criminal enforcement authorities. Agencies shall consider
opportunities to ensure that their respective civil rights and civil liberties
offices are appropriately consulted on agency decisions regarding the design,
development, acquisition, and use of AI in Federal Government programs and benefits
administration. To further these objectives, agencies shall also consider
opportunities to increase coordination, communication, and engagement about AI as
appropriate with community-based organizations; civil-rights and civil-liberties
organizations; academic institutions; industry; State, local, Tribal, and
territorial governments; and other stakeholders.

(b) To promote equitable administration of public benefits:

(i) The Secretary of HHS shall, within 180 days of the date of this
order and in consultation with relevant agencies, publish a plan, informed by the
guidance issued pursuant to section 10.1(b) of this order, addressing the use of
automated or algorithmic systems in the implementation by States and localities of
public benefits and services administered by the Secretary, such as to promote:
assessment of access to benefits by qualified recipients; notice to recipients
about the presence of such systems; regular evaluation to detect unjust denials;
processes to retain appropriate levels of discretion of expert agency staff;
processes to appeal denials to human reviewers; and analysis of whether algorithmic
systems in use by benefit programs achieve equitable and just outcomes.

(ii) The Secretary of Agriculture shall, within 180 days of the date of
this order and as informed by the guidance issued pursuant to section 10.1(b) of
this order, issue guidance to State, local, Tribal, and territorial public-benefits
administrators on the use of automated or algorithmic systems in implementing
benefits or in providing customer support for benefit programs administered by the
Secretary, to ensure that programs using those systems:

(A) maximize program access for eligible recipients;

(B) employ automated or algorithmic systems in a manner consistent


with any requirements for using merit systems personnel in public-benefits
programs;

(C) identify instances in which reliance on automated or


algorithmic systems would require notification by the State, local, Tribal, or
territorial government to the Secretary;

(D) identify instances when applicants and participants can appeal


benefit determinations to a human reviewer for reconsideration and can receive
other customer support from a human being;

(E) enable auditing and, if necessary, remediation of the logic


used to arrive at an individual decision or determination to facilitate the
evaluation of appeals; and

(F) enable the analysis of whether algorithmic systems in use by


benefit programs achieve equitable outcomes.

7.3. Strengthening AI and Civil Rights in the Broader Economy. (a) Within
365 days of the date of this order, to prevent unlawful discrimination from AI used
for hiring, the Secretary of Labor shall publish guidance for Federal contractors
regarding nondiscrimination in hiring involving AI and other technology-based
hiring systems.

(b) To address discrimination and biases against protected groups in housing


markets and consumer financial markets, the Director of the Federal Housing Finance
Agency and the Director of the Consumer Financial Protection Bureau are encouraged
to consider using their authorities, as they deem appropriate, to require their
respective regulated entities, where possible, to use appropriate methodologies
including AI tools to ensure compliance with Federal law and:

(i) evaluate their underwriting models for bias or disparities


affecting protected groups; and

(ii) evaluate automated collateral-valuation and appraisal processes in


ways that minimize bias.

(c) Within 180 days of the date of this order, to combat unlawful
discrimination enabled by automated or algorithmic tools used to make decisions
about access to housing and in other real estate-related transactions, the
Secretary of Housing and Urban Development shall, and the Director of the Consumer
Financial Protection Bureau is encouraged to, issue additional guidance:

(i) addressing the use of tenant screening systems in ways that may
violate the Fair Housing Act (Public Law 90-284), the Fair Credit Reporting Act
(Public Law 91-508), or other relevant Federal laws, including how the use of data,
such as criminal records, eviction records, and credit information, can lead to
discriminatory outcomes in violation of Federal law; and

(ii) addressing how the Fair Housing Act, the Consumer Financial
Protection Act of 2010 (title X of Public Law 111-203), or the Equal Credit
Opportunity Act (Public Law 93-495) apply to the advertising of housing, credit,
and other real estate-related transactions through digital platforms, including
those that use algorithms to facilitate advertising delivery, as well as on best
practices to avoid violations of Federal law.

(d) To help ensure that people with disabilities benefit from AI’s promise
while being protected from its risks, including unequal treatment from the use of
biometric data like gaze direction, eye tracking, gait analysis, and hand motions,
the Architectural and Transportation Barriers Compliance Board is encouraged, as it
deems appropriate, to solicit public participation and conduct community
engagement; to issue technical assistance and recommendations on the risks and
benefits of AI in using biometric data as an input; and to provide people with
disabilities access to information and communication technology and transportation
services.

Sec. 8. Protecting Consumers, Patients, Passengers, and Students. (a)


Independent regulatory agencies are encouraged, as they deem appropriate, to
consider using their full range of authorities to protect American consumers from
fraud, discrimination, and threats to privacy and to address other risks that may
arise from the use of AI, including risks to financial stability, and to consider
rulemaking, as well as emphasizing or clarifying where existing regulations and
guidance apply to AI, including clarifying the responsibility of regulated entities
to conduct due diligence on and monitor any third-party AI services they use, and
emphasizing or clarifying requirements and expectations related to the transparency
of AI models and regulated entities’ ability to explain their use of AI models.

(b) To help ensure the safe, responsible deployment and use of AI in the
healthcare, public-health, and human-services sectors:
(i) Within 90 days of the date of this order, the Secretary of HHS
shall, in consultation with the Secretary of Defense and the Secretary of Veterans
Affairs, establish an HHS AI Task Force that shall, within 365 days of its
creation, develop a strategic plan that includes policies and frameworks — possibly
including regulatory action, as appropriate — on responsible deployment and use of
AI and AI-enabled technologies in the health and human services sector (including
research and discovery, drug and device safety, healthcare delivery and financing,
and public health), and identify appropriate guidance and
resources to promote that deployment, including in the following areas:

(A) development, maintenance, and use of predictive and generative


AI-enabled technologies in healthcare delivery and financing — including quality
measurement, performance improvement, program integrity, benefits administration,
and patient experience — taking into account considerations such as appropriate
human oversight of the application of AI-generated output;

(B) long-term safety and real-world performance monitoring of AI-


enabled technologies in the health and human services sector, including clinically
relevant or significant modifications and performance across population groups,
with a means to communicate product updates to regulators, developers, and users;

(C) incorporation of equity principles in AI-enabled technologies


used in the health and human services sector, using disaggregated data on affected
populations and representative population data sets when developing new models,
monitoring algorithmic performance against discrimination and bias in existing
models, and helping to identify and mitigate discrimination and bias in current
systems;

(D) incorporation of safety, privacy, and security standards into


the software-development lifecycle for protection of personally identifiable
information, including measures to address AI-enhanced cybersecurity threats in the
health and human services sector;

(E) development, maintenance, and availability of documentation to


help users determine appropriate and safe uses of AI in local settings in the
health and human services sector;

(F) work to be done with State, local, Tribal, and territorial


health and human services agencies to advance positive use cases and best practices
for use of AI in local settings; and

(G) identification of uses of AI to promote workplace efficiency


and satisfaction in the health and human services sector, including reducing
administrative burdens.

(ii) Within 180 days of the date of this order, the Secretary of HHS
shall direct HHS components, as the Secretary of HHS deems appropriate, to develop
a strategy, in consultation with relevant agencies, to determine whether AI-enabled
technologies in the health and human services sector maintain appropriate levels of
quality, including, as appropriate, in the areas described in subsection (b)(i) of
this section. This work shall include the development of AI assurance policy — to
evaluate important aspects of the performance of AI-enabled healthcare tools — and
infrastructure needs for enabling pre-market assessment and post-market oversight
of AI-enabled healthcare-technology algorithmic system performance against real-
world data.

(iii) Within 180 days of the date of this order, the Secretary of HHS
shall, in consultation with relevant agencies as the Secretary of HHS deems
appropriate, consider appropriate actions to advance the prompt understanding of,
and compliance with, Federal nondiscrimination laws by health and human services
providers that receive Federal financial assistance, as well as how those laws
relate to AI. Such actions may include:

(A) convening and providing technical assistance to health and


human services providers and payers about their obligations under Federal
nondiscrimination and privacy laws as they relate to AI and the potential
consequences of noncompliance; and

(B) issuing guidance, or taking other action as appropriate, in


response to any complaints or other reports of noncompliance with Federal
nondiscrimination and privacy laws as they relate to AI.

(iv) Within 365 days of the date of this order, the Secretary of HHS
shall, in consultation with the Secretary of Defense and the Secretary of Veterans
Affairs, establish an AI safety program that, in partnership with voluntary
federally listed Patient Safety Organizations:

(A) establishes a common framework for approaches to identifying


and capturing clinical errors resulting from AI deployed in healthcare settings as
well as specifications for a central tracking repository for associated incidents
that cause harm, including through bias or discrimination, to patients, caregivers,
or other parties;

(B) analyzes captured data and generated evidence to develop,


wherever appropriate, recommendations, best practices, or other informal guidelines
aimed at avoiding these harms; and

(C) disseminates those recommendations, best practices, or other


informal guidance to appropriate stakeholders, including healthcare providers.

(v) Within 365 days of the date of this order, the Secretary of HHS
shall develop a strategy for regulating the use of AI or AI-enabled tools in drug-
development processes. The strategy shall, at a minimum:

(A) define the objectives, goals, and high-level principles


required for appropriate regulation throughout each phase of drug development;

(B) identify areas where future rulemaking, guidance, or additional


statutory authority may be necessary to implement such a regulatory system;

(C) identify the existing budget, resources, personnel, and


potential for new public/private partnerships necessary for such a regulatory
system; and

(D) consider risks identified by the actions undertaken to


implement section 4 of this order.

(c) To promote the safe and responsible development and use of AI in the
transportation sector, in consultation with relevant agencies:

(i) Within 30 days of the date of this order, the Secretary of


Transportation shall direct the Nontraditional and Emerging Transportation
Technology (NETT) Council to assess the need for information, technical assistance,
and guidance regarding the use of AI in transportation. The Secretary of
Transportation shall further direct the NETT Council, as part of any such efforts,
to:
(A) support existing and future initiatives to pilot
transportation-related applications of AI, as they align with policy priorities
articulated in the Department of Transportation’s (DOT) Innovation Principles,
including, as appropriate, through technical assistance and connecting
stakeholders;

(B) evaluate the outcomes of such pilot programs in order to assess


when DOT, or other Federal or State agencies, have sufficient information to take
regulatory actions, as appropriate, and recommend appropriate actions when that
information is available; and

(C) establish a new DOT Cross-Modal Executive Working Group, which


will consist of members from different divisions of DOT and coordinate applicable
work among these divisions, to solicit and use relevant input from appropriate
stakeholders.

(ii) Within 90 days of the date of this order, the Secretary of


Transportation shall direct appropriate Federal Advisory Committees of the DOT to
provide advice on the safe and responsible use of AI in transportation. The
committees shall include the Advanced Aviation Advisory Committee, the Transforming
Transportation Advisory Committee, and the Intelligent Transportation Systems
Program Advisory Committee.

(iii) Within 180 days of the date of this order, the Secretary of
Transportation shall direct the Advanced Research Projects Agency-Infrastructure
(ARPA-I) to explore the transportation-related opportunities and challenges of AI —
including regarding software-defined AI enhancements impacting autonomous mobility
ecosystems. The Secretary of Transportation shall further encourage ARPA-I to
prioritize the allocation of grants to those opportunities, as appropriate. The
work tasked to ARPA-I shall include soliciting input on these topics through a
public consultation process, such as an RFI.

(d) To help ensure the responsible development and deployment of AI in the


education sector, the Secretary of Education shall, within 365 days of the date of
this order, develop resources, policies, and guidance regarding AI. These
resources shall address safe, responsible, and nondiscriminatory uses of AI in
education, including the impact AI systems have on vulnerable and underserved
communities, and shall be developed in consultation with stakeholders as
appropriate. They shall also include the development of an “AI toolkit” for
education leaders implementing recommendations from the Department of Education’s
AI and the Future of Teaching and Learning report, including appropriate human
review of AI decisions, designing AI systems to enhance trust and safety and align
with privacy-related laws and regulations in the educational context, and
developing education-specific guardrails.

(e) The Federal Communications Commission is encouraged to consider actions


related to how AI will affect communications networks and consumers, including by:

(i) examining the potential for AI to improve spectrum management,


increase the efficiency of non-Federal spectrum usage, and expand opportunities for
the sharing of non-Federal spectrum;

(ii) coordinating with the National Telecommunications and Information


Administration to create opportunities for sharing spectrum between Federal and
non-Federal spectrum operations;

(iii) providing support for efforts to improve network security,


resiliency, and interoperability using next-generation technologies that
incorporate AI, including self-healing networks, 6G, and Open RAN; and
(iv) encouraging, including through rulemaking, efforts to combat
unwanted robocalls and robotexts that are facilitated or exacerbated by AI and to
deploy AI technologies that better serve consumers by blocking unwanted robocalls
and robotexts.

Sec. 9. Protecting Privacy. (a) To mitigate privacy risks potentially


exacerbated by AI — including by AI’s facilitation of the collection or use of
information about individuals, or the making of inferences about individuals — the
Director of OMB shall:

(i) evaluate and take steps to identify commercially available


information (CAI) procured by agencies, particularly CAI that contains personally
identifiable information and including CAI procured from data brokers and CAI
procured and processed indirectly through vendors, in appropriate agency inventory
and reporting processes (other than when it is used for the purposes of national
security);

(ii) evaluate, in consultation with the Federal Privacy Council and the
Interagency Council on Statistical Policy, agency standards and procedures
associated with the collection, processing, maintenance, use, sharing,
dissemination, and disposition of CAI that contains personally identifiable
information (other than when it is used for the purposes of national security) to
inform potential guidance to agencies on ways to mitigate privacy and
confidentiality risks from agencies’ activities related to CAI;

(iii) within 180 days of the date of this order, in consultation with
the Attorney General, the Assistant to the President for Economic Policy, and the
Director of OSTP, issue an RFI to inform potential revisions to guidance to
agencies on implementing the privacy provisions of the E-Government Act of 2002
(Public Law 107-347). The RFI shall seek feedback regarding how privacy impact
assessments may be more effective at mitigating privacy risks, including those that
are further exacerbated by AI; and

(iv) take such steps as are necessary and appropriate, consistent with
applicable law, to support and advance the near-term actions and long-term strategy
identified through the RFI process, including issuing new or updated guidance or
RFIs or consulting other agencies or the Federal Privacy Council.

(b) Within 365 days of the date of this order, to better enable agencies to
use PETs to safeguard Americans’ privacy from the potential threats exacerbated by
AI, the Secretary of Commerce, acting through the Director of NIST, shall create
guidelines for agencies to evaluate the efficacy of differential-privacy-guarantee
protections, including for AI. The guidelines shall, at a minimum, describe the
significant factors that bear on differential-privacy safeguards and common risks
to realizing differential privacy in practice.

(c) To advance research, development, and implementation related to PETs:

(i) Within 120 days of the date of this order, the Director of NSF, in
collaboration with the Secretary of Energy, shall fund the creation of a Research
Coordination Network (RCN) dedicated to advancing privacy research and, in
particular, the development, deployment, and scaling of PETs. The RCN shall serve
to enable privacy researchers to share information, coordinate and collaborate in
research, and develop standards for the privacy-research community.

(ii) Within 240 days of the date of this order, the Director of NSF
shall engage with agencies to identify ongoing work and potential opportunities to
incorporate PETs into their operations. The Director of NSF shall, where feasible
and appropriate, prioritize research — including efforts to translate research
discoveries into practical applications — that encourage the adoption of leading-
edge PETs solutions for agencies’ use, including through research engagement
through the RCN described in subsection (c)(i) of this section.

(iii) The Director of NSF shall use the results of the United States-
United Kingdom PETs Prize Challenge to inform the approaches taken, and
opportunities identified, for PETs research and adoption.

Sec. 10. Advancing Federal Government Use of AI.

10.1. Providing Guidance for AI Management. (a) To coordinate the use of AI


across the Federal Government, within 60 days of the date of this order and on an
ongoing basis as necessary, the Director of OMB shall convene and chair an
interagency council to coordinate the development and use of AI in agencies’
programs and operations, other than the use of AI in national security systems.
The Director of OSTP shall serve as Vice Chair for the interagency council. The
interagency council’s membership shall include, at minimum, the heads of the
agencies identified in 31 U.S.C. 901(b), the Director of National Intelligence, and
other agencies as identified by the Chair. Until agencies designate their
permanent Chief AI Officers consistent with the guidance described in subsection
10.1(b) of this section, they shall be represented on the interagency council by an
appropriate official at the Assistant Secretary level or equivalent, as determined
by the head of each agency.

(b) To provide guidance on Federal Government use of AI, within 150 days of
the date of this order and updated periodically thereafter, the Director of OMB, in
coordination with the Director of OSTP, and in consultation with the interagency
council established in subsection 10.1(a) of this section, shall issue guidance to
agencies to strengthen the effective and appropriate use of AI, advance AI
innovation, and manage risks from AI in the Federal Government. The Director of
OMB’s guidance shall specify, to the extent appropriate and consistent with
applicable law:

(i) the requirement to designate at each agency within 60 days of the


issuance of the guidance a Chief Artificial Intelligence Officer who shall hold
primary responsibility in their agency, in coordination with other responsible
officials, for coordinating their agency’s use of AI, promoting AI innovation in
their agency, managing risks from their agency’s use of AI, and carrying out the
responsibilities described in section 8(c) of Executive Order 13960 of December 3,
2020 (Promoting the Use of Trustworthy Artificial Intelligence in the Federal
Government), and section 4(b) of Executive Order 14091;

(ii) the Chief Artificial Intelligence Officers’ roles,


responsibilities, seniority, position, and reporting structures;

(iii) for the agencies identified in 31 U.S.C. 901(b), the creation of


internal Artificial Intelligence Governance Boards, or other appropriate
mechanisms, at each agency within 60 days of the issuance of the guidance to
coordinate and govern AI issues through relevant senior leaders from across the
agency;

(iv) required minimum risk-management practices for Government uses of


AI that impact people’s rights or safety, including, where appropriate, the
following practices derived from OSTP’s Blueprint for an AI Bill of Rights and the
NIST AI Risk Management Framework: conducting public consultation; assessing data
quality; assessing and mitigating disparate impacts and algorithmic discrimination;
providing notice of the use of AI; continuously monitoring and evaluating deployed
AI; and granting human consideration and remedies for adverse decisions made using
AI;

(v) specific Federal Government uses of AI that are presumed by


default to impact rights or safety;

(vi) recommendations to agencies to reduce barriers to the responsible


use of AI, including barriers related to information technology infrastructure,
data, workforce, budgetary restrictions, and cybersecurity processes;

(vii) requirements that agencies identified in 31 U.S.C. 901(b) develop


AI strategies and pursue high-impact AI use cases;

(viii) in consultation with the Secretary of Commerce, the Secretary of


Homeland Security, and the heads of other appropriate agencies as determined by the
Director of OMB, recommendations to agencies regarding:

(A) external testing for AI, including AI red-teaming for


generative AI, to be developed in coordination with the Cybersecurity and
Infrastructure Security Agency;

(B) testing and safeguards against discriminatory, misleading,


inflammatory, unsafe, or deceptive outputs, as well as against producing child
sexual abuse material and against producing non-consensual intimate imagery of real
individuals (including intimate digital depictions of the body or body parts of an
identifiable individual), for generative AI;

(C) reasonable steps to watermark or otherwise label output from


generative AI;

(D) application of the mandatory minimum risk-management practices


defined under subsection 10.1(b)(iv) of this section to procured AI;

(E) independent evaluation of vendors’ claims concerning both the


effectiveness and risk mitigation of their AI offerings;

(F) documentation and oversight of procured AI;

(G) maximizing the value to agencies when relying on contractors to


use and enrich Federal Government data for the purposes of AI development and
operation;

(H) provision of incentives for the continuous improvement of


procured AI; and

(I) training on AI in accordance with the principles set out in


this order and in other references related to AI listed herein; and

(ix) requirements for public reporting on compliance with this


guidance.

(c) To track agencies’ AI progress, within 60 days of the issuance of the


guidance established in subsection 10.1(b) of this section and updated periodically
thereafter, the Director of OMB shall develop a method for agencies to track and
assess their ability to adopt AI into their programs and operations, manage its
risks, and comply with Federal policy on AI. This method should draw on existing
related efforts as appropriate and should address, as appropriate and consistent
with applicable law, the practices, processes, and capabilities necessary for
responsible AI adoption, training, and governance across, at a minimum, the areas
of information technology infrastructure, data, workforce, leadership, and risk
management.

(d) To assist agencies in implementing the guidance to be established in


subsection 10.1(b) of this section:

(i) within 90 days of the issuance of the guidance, the Secretary of


Commerce, acting through the Director of NIST, and in coordination with the
Director of OMB and the Director of OSTP, shall develop guidelines, tools, and
practices to support implementation of the minimum risk-management practices
described in subsection 10.1(b)(iv) of this section; and

(ii) within 180 days of the issuance of the guidance, the Director of
OMB shall develop an initial means to ensure that agency contracts for the
acquisition of AI systems and services align with the guidance described in
subsection 10.1(b) of this section and advance the other aims identified in section
7224(d)(1) of the Advancing American AI Act (Public Law 117-263, div. G, title
LXXII, subtitle B).

(e) To improve transparency for agencies’ use of AI, the Director of OMB
shall, on an annual basis, issue instructions to agencies for the collection,
reporting, and publication of agency AI use cases, pursuant to section 7225(a) of
the Advancing American AI Act. Through these instructions, the Director shall, as
appropriate, expand agencies’ reporting on how they are managing risks from their
AI use cases and update or replace the guidance originally established in section 5
of Executive Order 13960.

(f) To advance the responsible and secure use of generative AI in the Federal
Government:

(i) As generative AI products become widely available and common in


online platforms, agencies are discouraged from imposing broad general bans or
blocks on agency use of generative AI. Agencies should instead limit access, as
necessary, to specific generative AI services based on specific risk assessments;
establish guidelines and limitations on the appropriate use of generative AI; and,
with appropriate safeguards in place, provide their personnel and programs with
access to secure and reliable generative AI capabilities, at least for the purposes
of experimentation and routine tasks that carry a low risk of impacting Americans’
rights. To protect Federal Government information, agencies are also encouraged to
employ risk-management practices, such as training their staff on proper use,
protection, dissemination, and disposition of Federal information; negotiating
appropriate terms of service with vendors; implementing measures designed to ensure
compliance with record-keeping, cybersecurity, confidentiality, privacy, and data
protection requirements; and deploying other measures to prevent misuse of Federal
Government information in generative AI.

(ii) Within 90 days of the date of this order, the Administrator of


General Services, in coordination with the Director of OMB, and in consultation
with the Federal Secure Cloud Advisory Committee and other relevant agencies as the
Administrator of General Services may deem appropriate, shall develop and issue a
framework for prioritizing critical and emerging technologies offerings in the
Federal Risk and Authorization Management Program authorization process, starting
with generative AI offerings that have the primary purpose of providing large
language model-based chat interfaces, code-generation and debugging tools, and
associated application programming interfaces, as well as prompt-based image
generators. This framework shall apply for no less than 2 years from the date of
its issuance. Agency Chief Information Officers, Chief Information Security
Officers, and authorizing officials are also encouraged to prioritize generative AI
and other critical and emerging technologies in granting authorities for agency
operation of information technology systems and any other applicable release or
oversight processes, using continuous authorizations and approvals wherever
feasible.

(iii) Within 180 days of the date of this order, the Director of the
Office of Personnel Management (OPM), in coordination with the Director of OMB,
shall develop guidance on the use of generative AI for work by the Federal
workforce.

(g) Within 30 days of the date of this order, to increase agency investment
in AI, the Technology Modernization Board shall consider, as it deems appropriate
and consistent with applicable law, prioritizing funding for AI projects for the
Technology Modernization Fund for a period of at least 1 year. Agencies are
encouraged to submit to the Technology Modernization Fund project funding proposals
that include AI — and particularly generative AI — in service of mission delivery.

(h) Within 180 days of the date of this order, to facilitate agencies’ access
to commercial AI capabilities, the Administrator of General Services, in
coordination with the Director of OMB, and in collaboration with the Secretary of
Defense, the Secretary of Homeland Security, the Director of National Intelligence,
the Administrator of the National Aeronautics and Space Administration, and the
head of any other agency identified by the Administrator of General Services, shall
take steps consistent with applicable law to facilitate access to Federal
Government-wide acquisition solutions for specified types of AI services and
products, such as through the creation of a resource guide or other tools to assist
the acquisition workforce. Specified types of AI capabilities shall include
generative AI and specialized computing infrastructure.

(i) The initial means, instructions, and guidance issued pursuant to


subsections 10.1(a)-(h) of this section shall not apply to AI when it is used as a
component of a national security system, which shall be addressed by the proposed
National Security Memorandum described in subsection 4.8 of this order.

10.2. Increasing AI Talent in Government. (a) Within 45 days of the date of


this order, to plan a national surge in AI talent in the Federal Government, the
Director of OSTP and the Director of OMB, in consultation with the Assistant to the
President for National Security Affairs, the Assistant to the President for
Economic Policy, the Assistant to the President and Domestic Policy Advisor, and
the Assistant to the President and Director of the Gender Policy Council, shall
identify priority mission areas for increased Federal Government AI talent, the
types of talent that are highest priority to recruit and develop to ensure adequate
implementation of this order and use of relevant enforcement and regulatory
authorities to address AI risks, and accelerated hiring pathways.

(b) Within 45 days of the date of this order, to coordinate rapid advances in
the capacity of the Federal AI workforce, the Assistant to the President and Deputy
Chief of Staff for Policy, in coordination with the Director of OSTP and the
Director of OMB, and in consultation with the National Cyber Director, shall
convene an AI and Technology Talent Task Force, which shall include the Director of
OPM, the Director of the General Services Administration’s Technology
Transformation Services, a representative from the Chief Human Capital Officers
Council, the Assistant to the President for Presidential Personnel, members of
appropriate agency technology talent programs, a representative of the Chief Data
Officer Council, and a representative of the interagency council convened under
subsection 10.1(a) of this section. The Task Force’s purpose shall be to
accelerate and track the hiring of AI and AI-enabling talent across the Federal
Government, including through the following actions:

(i) within 180 days of the date of this order, tracking and reporting
progress to the President on increasing AI capacity across the Federal Government,
including submitting to the President a report and recommendations for further
increasing capacity;

(ii) identifying and circulating best practices for agencies to


attract, hire, retain, train, and empower AI talent, including diversity,
inclusion, and accessibility best practices, as well as to plan and budget
adequately for AI workforce needs;

(iii) coordinating, in consultation with the Director of OPM, the use of


fellowship programs and agency technology-talent programs and human-capital teams
to build hiring capabilities, execute hires, and place AI talent to fill staffing
gaps; and

(iv) convening a cross-agency forum for ongoing collaboration between


AI professionals to share best practices and improve retention.

(c) Within 45 days of the date of this order, to advance existing Federal
technology talent programs, the United States Digital Service, Presidential
Innovation Fellowship, United States Digital Corps, OPM, and technology talent
programs at agencies, with support from the AI and Technology Talent Task Force
described in subsection 10.2(b) of this section, as appropriate and permitted by
law, shall develop and begin to implement plans to support the rapid recruitment of
individuals as part of a Federal Government-wide AI talent surge to accelerate the
placement of key AI and AI-enabling talent in high-priority areas and to advance
agencies’ data and technology strategies.

(d) To meet the critical hiring need for qualified personnel to execute the
initiatives in this order, and to improve Federal hiring practices for AI talent,
the Director of OPM, in consultation with the Director of OMB, shall:

(i) within 60 days of the date of this order, conduct an evidence-


based review on the need for hiring and workplace flexibility, including Federal
Government-wide direct-hire authority for AI and related data-science and technical
roles, and, where the Director of OPM finds such authority is appropriate, grant
it; this review shall include the following job series at all General Schedule (GS)
levels: IT Specialist (2210), Computer Scientist (1550), Computer Engineer (0854),
and Program Analyst (0343) focused on AI, and any subsequently developed job series
derived from these job series;

(ii) within 60 days of the date of this order, consider authorizing


the use of excepted service appointments under 5 C.F.R. 213.3102(i)(3) to address
the need for hiring additional staff to implement directives of this order;

(iii) within 90 days of the date of this order, coordinate a pooled-


hiring action informed by subject-matter experts and using skills-based assessments
to support the recruitment of AI talent across agencies;

(iv) within 120 days of the date of this order, as appropriate and
permitted by law, issue guidance for agency application of existing pay
flexibilities or incentive pay programs for AI, AI-enabling, and other key
technical positions to facilitate appropriate use of current pay incentives;

(v) within 180 days of the date of this order, establish guidance and
policy on skills-based, Federal Government-wide hiring of AI, data, and technology
talent in order to increase access to those with nontraditional academic
backgrounds to Federal AI, data, and technology roles;

(vi) within 180 days of the date of this order, establish an


interagency working group, staffed with both human-resources professionals and
recruiting technical experts, to facilitate Federal Government-wide hiring of
people with AI and other technical skills;

(vii) within 180 days of the date of this order, review existing
Executive Core Qualifications (ECQs) for Senior Executive Service (SES) positions
informed by data and AI literacy competencies and, within 365 days of the date of
this order, implement new ECQs as appropriate in the SES assessment process;

(viii) within 180 days of the date of this order, complete a review of
competencies for civil engineers (GS-0810 series) and, if applicable, other related
occupations, and make recommendations for ensuring that adequate AI expertise and
credentials in these occupations in the Federal Government reflect the increased
use of AI in critical infrastructure; and

(ix) work with the Security, Suitability, and Credentialing


Performance Accountability Council to assess mechanisms to streamline and
accelerate personnel-vetting requirements, as appropriate, to support AI and fields
related to other critical and emerging technologies.

(e) To expand the use of special authorities for AI hiring and retention,
agencies shall use all appropriate hiring authorities, including Schedule A(r)
excepted service hiring and direct-hire authority, as applicable and appropriate,
to hire AI talent and AI-enabling talent rapidly. In addition to participating in
OPM-led pooled hiring actions, agencies shall collaborate, where appropriate, on
agency-led pooled hiring under the Competitive Service Act of 2015 (Public Law 114-
137) and other shared hiring. Agencies shall also, where applicable, use existing
incentives, pay-setting authorities, and other compensation flexibilities, similar
to those used for cyber and information technology positions, for AI and data-
science professionals, as well as plain-language job titles, to help recruit and
retain these highly skilled professionals. Agencies shall ensure that AI and other
related talent needs (such as technology governance and privacy) are reflected in
strategic workforce planning and budget formulation.

(f) To facilitate the hiring of data scientists, the Chief Data Officer
Council shall develop a position-description library for data scientists (job
series 1560) and a hiring guide to support agencies in hiring data scientists.

(g) To help train the Federal workforce on AI issues, the head of each agency
shall implement — or increase the availability and use of — AI training and
familiarization programs for employees, managers, and leadership in technology as
well as relevant policy, managerial, procurement, regulatory, ethical, governance,
and legal fields. Such training programs should, for example, empower Federal
employees, managers, and leaders to develop and maintain an operating knowledge of
emerging AI technologies to assess opportunities to use these technologies to
enhance the delivery of services to the public, and to mitigate risks associated
with these technologies. Agencies that provide professional-development
opportunities, grants, or funds for their staff should take appropriate steps to
ensure that employees who do not serve in traditional technical roles, such as
policy, managerial, procurement, or legal fields, are nonetheless eligible to
receive funding for programs and courses that focus on AI, machine learning, data
science, or other related subject areas.

(h) Within 180 days of the date of this order, to address gaps in AI talent
for national defense, the Secretary of Defense shall submit a report to the
President through the Assistant to the President for
National Security Affairs that includes:

(i) recommendations to address challenges in the Department of


Defense’s ability to hire certain noncitizens, including at the Science and
Technology Reinvention Laboratories;

(ii) recommendations to clarify and streamline processes for accessing


classified information for certain noncitizens through Limited Access Authorization
at Department of Defense laboratories;

(iii) recommendations for the appropriate use of enlistment authority


under 10 U.S.C. 504(b)(2) for experts in AI and other critical and emerging
technologies; and

(iv) recommendations for the Department of Defense and the Department


of Homeland Security to work together to enhance the use of appropriate authorities
for the retention of certain noncitizens of vital importance to national security
by the Department of Defense and the Department of Homeland Security.

Sec. 11. Strengthening American Leadership Abroad. (a) To strengthen United


States leadership of global efforts to unlock AI’s potential and meet its
challenges, the Secretary of State, in coordination with the Assistant to the
President for National Security Affairs, the Assistant to the President for
Economic Policy, the Director of OSTP, and the heads of other relevant agencies as
appropriate, shall:

(i) lead efforts outside of military and intelligence areas to expand


engagements with international allies and partners in relevant bilateral,
multilateral, and multi-stakeholder fora to advance those allies’ and partners’
understanding of existing and planned AI-related guidance and policies of the
United States, as well as to enhance international collaboration; and

(ii) lead efforts to establish a strong international framework for


managing the risks and harnessing the benefits of AI, including by encouraging
international allies and partners to support voluntary commitments similar to those
that United States companies have made in pursuit of these objectives and
coordinating the activities directed by subsections (b), (c), (d), and (e) of this
section, and to develop common regulatory and other accountability principles for
foreign nations, including to manage the risk that AI systems pose.

(b) To advance responsible global technical standards for AI development and


use outside of military and intelligence areas, the Secretary of Commerce, in
coordination with the Secretary of State and the heads of other relevant agencies
as appropriate, shall lead preparations for a coordinated effort with key
international allies and partners and with standards development organizations, to
drive the development and implementation of AI-related consensus standards,
cooperation and coordination, and information sharing. In particular, the
Secretary of Commerce shall:

(i) within 270 days of the date of this order, establish a plan for
global engagement on promoting and developing AI standards, with lines of effort
that may include:

(A) AI nomenclature and terminology;

(B) best practices regarding data capture, processing, protection,


privacy, confidentiality, handling, and analysis;

(C) trustworthiness, verification, and assurance of AI systems; and

(D) AI risk management;


(ii) within 180 days of the date the plan is established, submit a
report to the President on priority actions taken pursuant to the plan; and

(iii) ensure that such efforts are guided by principles set out in the
NIST AI Risk Management Framework and United States Government National Standards
Strategy for Critical and Emerging Technology.

(c) Within 365 days of the date of this order, to promote safe, responsible,
and rights-affirming development and deployment of AI abroad:

(i) The Secretary of State and the Administrator of the United States
Agency for International Development, in coordination with the Secretary of
Commerce, acting through the director of NIST, shall publish an AI in Global
Development Playbook that incorporates the AI Risk Management Framework’s
principles, guidelines, and best practices into the social, technical, economic,
governance, human rights, and security conditions of contexts beyond United States
borders. As part of this work, the Secretary of State and the Administrator of the
United States Agency for International Development shall draw on lessons learned
from programmatic uses of AI in global development.

(ii) The Secretary of State and the Administrator of the United States
Agency for International Development, in collaboration with the Secretary of Energy
and the Director of NSF, shall develop a Global AI Research Agenda to guide the
objectives and implementation of AI-related research in contexts beyond United
States borders. The Agenda shall:

(A) include principles, guidelines, priorities, and best practices


aimed at ensuring the safe, responsible, beneficial, and sustainable global
development and adoption of AI; and

(B) address AI’s labor-market implications across international


contexts, including by recommending risk mitigations.

(d) To address cross-border and global AI risks to critical infrastructure,


the Secretary of Homeland Security, in coordination with the Secretary of State,
and in consultation with the heads of other relevant agencies as the Secretary of
Homeland Security deems appropriate, shall lead efforts with international allies
and partners to enhance cooperation to prevent, respond to, and recover from
potential critical infrastructure disruptions resulting from incorporation of AI
into critical infrastructure systems or malicious use of AI.

(i) Within 270 days of the date of this order, the Secretary of
Homeland Security, in coordination with the Secretary of State, shall develop a
plan for multilateral engagements to encourage the adoption of the AI safety and
security guidelines for use by critical infrastructure owners and operators
developed in section 4.3(a) of this order.

(ii) Within 180 days of establishing the plan described in subsection


(d)(i) of this section, the Secretary of Homeland Security shall submit a report to
the President on priority actions to mitigate cross-border risks to critical United
States infrastructure.

Sec. 12. Implementation. (a) There is established, within the Executive


Office of the President, the White House Artificial Intelligence Council (White
House AI Council). The function of the White House AI Council is to coordinate the
activities of agencies across the Federal Government to ensure the effective
formulation, development, communication, industry engagement related to, and timely
implementation of AI-related policies, including policies set forth in this order.
(b) The Assistant to the President and Deputy Chief of Staff for Policy shall
serve as Chair of the White House AI Council.

(c) In addition to the Chair, the White House AI Council shall consist of the
following members, or their designees:

(i) the Secretary of State;

(ii) the Secretary of the Treasury;

(iii) the Secretary of Defense;

(iv) the Attorney General;

(v) the Secretary of Agriculture;

(vi) the Secretary of Commerce;

(vii) the Secretary of Labor;

(viii) the Secretary of HHS;

(ix) the Secretary of Housing and Urban Development;

(x) the Secretary of Transportation;

(xi) the Secretary of Energy;

(xii) the Secretary of Education;

(xiii) the Secretary of Veterans Affairs;

(xiv) the Secretary of Homeland Security;

(xv) the Administrator of the Small Business Administration;

(xvi) the Administrator of the United States Agency for International


Development;

(xvii) the Director of National Intelligence;

(xviii) the Director of NSF;

(xix) the Director of OMB;

(xx) the Director of OSTP;

(xxi) the Assistant to the President for National Security Affairs;

(xxii) the Assistant to the President for Economic Policy;

(xxiii) the Assistant to the President and Domestic Policy Advisor;

(xxiv) the Assistant to the President and Chief of Staff to the Vice
President;

(xxv) the Assistant to the President and Director of the Gender


Policy Council;
(xxvi) the Chairman of the Council of Economic Advisers;

(xxvii) the National Cyber Director;

(xxviii) the Chairman of the Joint Chiefs of Staff; and

(xxix) the heads of such other agencies, independent regulatory


agencies, and executive offices as the Chair may from time to time designate or
invite to participate.

(d) The Chair may create and coordinate subgroups consisting of White House
AI Council members or their designees, as appropriate.

Sec. 13. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency,


or the head thereof; or

(ii) the functions of the Director of the Office of Management and


Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities, its officers, employees, or
agents, or any other person.

JOSEPH R. BIDEN JR.

THE WHITE HOUSE,


October 30, 2023.

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