Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]

[Presidential Documents]

[Pages 75191-75226]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2023-24283]

[[Page 75189]]

Vol. 88

Wednesday,

No. 210

November 1, 2023

Part III

The President

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Executive Order 14110--Safe, Secure, and Trustworthy Development and

Use of Artificial Intelligence

Presidential Documents

Federal Register / Vol. 88 , No. 210 / Wednesday, November 1, 2023 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 75191]]

Executive Order 14110 of October 30, 2023

Safe, Secure, and Trustworthy Development and Use

of Artificial Intelligence

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.

nd 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.

ur 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

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.

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(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

y'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.

ssing

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.

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

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

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han 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

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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

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

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

oy 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.

encing 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.

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(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.

natory 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).

rging 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

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

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To Address the National Emergency With Respect to

Significant Malicious Cyber-Enabled Activities).

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

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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.

nd ``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.

e 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

ecommunications 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.

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(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.

to 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.

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

tion 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

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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:

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

d

(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:

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 10\26\ integer or floating-point operations, or using primarily

biological sequence data and using a quantity of computing power greater

than 10\23\ 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

10\20\ 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

[[Page 75198]]

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

[[Page 75198]]

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.

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 10\26\

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 10\20\ integer or

floating-point operations per second for training AI.

res a quantity of computing power greater than 10\26\

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 10\20\ 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;

[[Page 75199]]

(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);

obtains an account,

including information establishing:

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

[[Page 75199]]

(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

ion

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:

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

[[Page 75200]]

AI 100-1, as well as other appropriate security guidance, into relevant

safety and security guidelines for use by critical infrastructure owners

and operators.

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

[[Page 75200]]

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:

nment, 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.

ity 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

[[Page 75201]]

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

sult 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

[[Page 75201]]

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;

ese 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:

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

[[Page 75202]]

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.

ible 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

(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:

merce

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;

[[Page 75203]]

(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.

ry 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.

enticating 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:

rivate 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,

[[Page 75204]]

licy 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,

[[Page 75204]]

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

he 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

ss 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

lities 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

[[Page 75205]]

(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:

ed States to work on, study, or

conduct research in AI or other critical and emerging technologies; and

[[Page 75205]]

(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 CFR

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 CFR 41.111(b) to include academic J-1 research scholars and F-1

students in science, technology, engineering, and mathematics (STEM); and

(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 CFR 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.

ing 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 CFR 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.

[[Page 75206]]

(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:

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

echanisms, 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.

m 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

[[Page 75207]]

examples in which AI systems play different roles in inventive processes

and how, in each example, inventorship issues ought to be analyzed;

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

[[Page 75207]]

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:

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.

nel 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

[[Page 75208]]

(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.

for clinical care, real-world-evidence programs, population health, public

health, and related research; and

[[Page 75208]]

(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:

ltation 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.

y, 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

[[Page 75209]]

ted 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

[[Page 75209]]

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:

ng 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.

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.

uding 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

[[Page 75210]]

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.

se.

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:

n 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.

t, 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

[[Page 75211]]

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:

all 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

CFR 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.

ining, 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;

ease, 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

[[Page 75212]]

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:

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.

ns

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

ies 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

[[Page 75213]]

rmed 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

[[Page 75213]]

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.

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.

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,

[[Page 75214]]

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.

sumer 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,

[[Page 75214]]

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 an

cy 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;

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;

[[Page 75215]]

(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.

d human services sector;

[[Page 75215]]

(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.

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

h-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.

[[Page 75216]]

(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.

ies, 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

liciting 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:

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;

[[Page 75217]]

(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:

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

e 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:

cy-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

[[Page 75218]]

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.

encies' use, including

[[Page 75218]]

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.

encies

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 periodi

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