Us Ai Law
Us Ai Law
Us Ai Law
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.
(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.
(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.
(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.
(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).
(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:
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).
(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.
(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.
(bb) The term “Sector Risk Management Agency” has the meaning set forth in 6
U.S.C. 650(23).
(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:
(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:
(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
(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:
(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:
(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.
(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.
(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
(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:
(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:
(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) 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:
(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.
(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:
(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.
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:
(b) Within 120 days of the date of this order, the Secretary of State shall:
(c) Within 180 days of the date of this order, the Secretary of State shall:
(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) 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.
(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:
(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
(i) within 365 days of the date of this order, host two 3-month
nationwide AI Tech Sprint competitions; and
(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:
(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.
(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.
(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:
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) 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;
(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:
(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.
(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:
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.
(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.
(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:
(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:
(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:
(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:
(c) To promote the safe and responsible development and use of AI in the
transportation sector, in consultation with relevant agencies:
(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.
(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.
(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.
(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:
(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:
(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.
(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;
(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:
(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;
(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
(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) 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:
(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:
(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.
(c) In addition to the Chair, the White House AI Council shall consist of the
following members, or their designees:
(xxiv) the Assistant to the President and Chief of Staff to the Vice
President;
(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:
(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.