Highlights of the 2023 Executive Order on
November 17, 2023April 3, 2024
Artificial Intelligence for Congress
Laurie A. Harris
On October 30, 2023, the Biden Administration released Executive Order (E.O.) 14110 on
On October 30, 2023, the Biden Administration released Executive Order (E.O.) 14110 on
Safe,
Analyst in Science and
Analyst in Science and
Secure, and Trustworthy Development and Use of Artificial Intelligence. It establishes a . It establishes a
Technology Policy
Technology Policy
government-wide effort to guide responsible artificial intelligence (AI) development and
government-wide effort to guide responsible artificial intelligence (AI) development and
deployment through federal agency leadership, regulation of industry, and engagement with
deployment through federal agency leadership, regulation of industry, and engagement with
Chris Jaikaran
international partners.
international partners.
Specialist in Cybersecurity
Specialist in Cybersecurity
Policy Policy
The E.O. directs over 50 federal entities to engage in more than 100 specific actions to
The E.O. directs over 50 federal entities to engage in more than 100 specific actions to
implement the guidance set forth across eight overarching policy areas.
implement the guidance set forth across eight overarching policy areas.
•
•
Safety and security. The E.O. promotes the development and implementation of The E.O. promotes the development and implementation of
repeatable processes and mechanisms to understand and mitigate risks related to AI adoption, including
repeatable processes and mechanisms to understand and mitigate risks related to AI adoption, including
with respect to biosecurity, cybersecurity, national security, and critical infrastructure. with respect to biosecurity, cybersecurity, national security, and critical infrastructure.
•
•
Innovation and competition. The E.O. compels actions to attract AI talent to the United States, understand . The E.O. compels actions to attract AI talent to the United States, understand
novel intellectual property (IP) questions, protect inventors and creators, and promote AI innovation,
novel intellectual property (IP) questions, protect inventors and creators, and promote AI innovation,
including at startups and small businesses. including at startups and small businesses.
•
•
Worker support. The E.O. states that AI adoption may be disruptive to the workforce and directs agencies . The E.O. states that AI adoption may be disruptive to the workforce and directs agencies
to research and develop potential mitigations against such disruptions.
to research and develop potential mitigations against such disruptions.
•
•
Consideration of AI bias and civil rights. The E.O. states that AI models may perpetuate biases and their . The E.O. states that AI models may perpetuate biases and their
implementation may lead to civil rights violations. The E.O. includes a section on equity and civil rights
implementation may lead to civil rights violations. The E.O. includes a section on equity and civil rights
considerations for use of AI in the criminal justice system and the administration of federal government considerations for use of AI in the criminal justice system and the administration of federal government
programs and benefits.programs and benefits.
•
•
Consumer protection. The E.O. instructs agencies to enforce existing, technology-agnostic authorities in an The E.O. instructs agencies to enforce existing, technology-agnostic authorities in an
effort to minimize harms to consumers, and to identify needed authorities related to AI.
effort to minimize harms to consumers, and to identify needed authorities related to AI.
•
•
Privacy. The E.O. calls for the evaluation and mitigation of privacy risks—potentially exacerbated by AI—. The E.O. calls for the evaluation and mitigation of privacy risks—potentially exacerbated by AI—
associated with the collection, use, and retention of user data.
associated with the collection, use, and retention of user data.
•
•
Federal use of AI. The E.O. requires the Office of Management and Budget (OMB) to establish an . The E.O. requires the Office of Management and Budget (OMB) to establish an
interagency council to coordinate AI use by federal agencies and develop guidance on AI governance and
interagency council to coordinate AI use by federal agencies and develop guidance on AI governance and
risk management activities for agencies. It acknowledges the ubiquity of generative AI (GenAI) tools, and risk management activities for agencies. It acknowledges the ubiquity of generative AI (GenAI) tools, and
directs agencies to move toward adoption with safeguards in place. The E.O. also calls for additional directs agencies to move toward adoption with safeguards in place. The E.O. also calls for additional
agency hiring and training activities to increase the AI workforce capacity across the federal governmentagency hiring and training activities to increase the AI workforce capacity across the federal government
.
•
•
International leadership. The E.O. declares that the United States should be a global leader in AI . The E.O. declares that the United States should be a global leader in AI
development and adoption by engaging with international allies and partners, leading efforts to develop
development and adoption by engaging with international allies and partners, leading efforts to develop
common AI regulatory and accountability principles, and advancing responsible global technical standards common AI regulatory and accountability principles, and advancing responsible global technical standards
for AI. for AI.
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Contents
Introduction and Overview .............................................................................................................. 1
Requirements and Deliverables ....................................................................................................... 3
Safety and Security ................................................................................................................... 3
Innovation and Competition ...................................................................................................... 76
Worker Support ....................................................................................................................... 10.. 9
Consideration of AI Bias and Civil Rights .............................................................................. 10
Consumer Protection ............................................................................................................... 12
Privacy .................................................................................................................................... 13
Federal Use of AI .................................................................................................................... 14
International Leadership .......................................................................................................... 17
Tables
Table 1. Requirements and Deliverables in Section 4 on Safety and Security ................................ 3
Table 2. Requirements and Deliverables in Section 5 on Innovation and Competition .................. 7
Table 3. Requirements and Deliverables in Section 6 on Worker Support .................................... 10
Table 4. Requirements and Deliverables in Section 7 on AI Biases and Civil Rights .................... 11
Table 5. Requirements and Deliverables in Section 8 on Consumer Protection ........................... 12
Table 6. Requirements and Deliverables in Section 9 on Privacy ................................................. 14
Table 7. Requirements and Deliverables in Section 10 on Federal Use of AI ............................... 15
Table 8. Requirements and Deliverables in Section 11 on International Leadership .................... 18
Appendixes
Appendix. Abbreviations ............................................................................................................... 19
Contacts
Author Information ........................................................................................................................ 21
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Introduction and Overview
On October 30, 2023, the Biden Administration released Executive Order (E.O.) 14110 on On October 30, 2023, the Biden Administration released Executive Order (E.O.) 14110 on
Safe,
Secure, and Trustworthy Development and Use of Artificial Intelligence.1 It establishes a .1 It establishes a
government-wide effort to guide responsible artificial intelligence (AI) development and government-wide effort to guide responsible artificial intelligence (AI) development and
deployment through federal agency leadership, regulation of industry, and engagement with deployment through federal agency leadership, regulation of industry, and engagement with
international partners. The E.O. states its purpose as follows. international partners. The E.O. states its purpose as follows.
Artificial Intelligence (AI) holds extraordinary potential for both promise and peril.
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 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 world more prosperous, productive, innovative, and secure. At the same time, irresponsible
use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation; use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation;
displace and disempower workers; stifle competition; and pose risks to national security. 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 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 risks. This endeavor demands a society-wide effort that includes government, the private
sector, academia, and civil society. sector, academia, and civil society.
E.O. 14110 builds on prior work to support the development of responsible AI technologies and
E.O. 14110 builds on prior work to support the development of responsible AI technologies and
policies, including the Office of Science and Technology Policy’s (OSTP) policies, including the Office of Science and Technology Policy’s (OSTP)
Blueprint for an AI Bill
of Rights and the National Institute of Standards and Technology’s (NIST) and the National Institute of Standards and Technology’s (NIST)
AI Risk Management
Framework (AI RMF).2 (AI RMF).2
This CRS report provides a summary of requirements for agency action in the E.O. and timelines
This CRS report provides a summary of requirements for agency action in the E.O. and timelines
for their deliverables. It is organized in tables that correspond to each policy area listed in the for their deliverables. It is organized in tables that correspond to each policy area listed in the
E.O. E.O.
The E.O. describes eight overarching policy areas:
The E.O. describes eight overarching policy areas:
1. Safety and security;
1. Safety and security;
2. Innovation and competition;
2. Innovation and competition;
3. Worker support;
3. Worker support;
4. Consideration of AI bias and civil rights;
4. Consideration of AI bias and civil rights;
5. Consumer protection;
5. Consumer protection;
6. Privacy;
6. Privacy;
7. Federal use of AI; and
7. Federal use of AI; and
8. International leadership.
8. International leadership.
These areas and the actions listed within are further described in the section
These areas and the actions listed within are further described in the section
“Requirements and
Deliverables,” below. ” below.
To help federal departments and agencies implement the E.O., and consistent with the Artificial
To help federal departments and agencies implement the E.O., and consistent with the Artificial
Intelligence in Government Act (P.L. 116-260) and the Advancing American AI Act (P.L. 117-Intelligence in Government Act (P.L. 116-260) and the Advancing American AI Act (P.L. 117-
263), OMB released a 263), OMB released a
draft memorandum on memorandum on
Advancing Governance, Innovation, and Risk
1 Executive Office of the President, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,”
1 Executive Office of the President, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,”
88 88
Federal Register 75191, November 1, 2023, at https://www.federalregister.gov/documents/2023/11/01/2023-24283/ 75191, November 1, 2023, at https://www.federalregister.gov/documents/2023/11/01/2023-24283/
safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence. safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence.
2 White House,
2 White House,
Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People, October , October
2022, at https://www.whitehouse.gov/wp-content/uploads/2022/10/Blueprint-for-an-AI-Bill-of-Rights.pdf; and 2022, at https://www.whitehouse.gov/wp-content/uploads/2022/10/Blueprint-for-an-AI-Bill-of-Rights.pdf; and
National Institute of Standards and Technology, National Institute of Standards and Technology,
Artificial Intelligence Risk Management Framework (NIST AI 100-1), (NIST AI 100-1),
January 2023, at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-1.pdf. January 2023, at https://nvlpubs.nist.gov/nistpubs/ai/NIST.AI.100-1.pdf.
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Management for Agency Use of Artificial Intelligence.3 The stated purpose of the memorandum is .3 The stated purpose of the memorandum is
to “direct[s] agencies to advance AI governance and innovation while managing risks from the to “direct[s] agencies to advance AI governance and innovation while managing risks from the
use of AI, particularly those affecting the safety and rights of the public.”4use of AI, particularly those affecting the safety and rights of the public.”4
The public has until December 5, 2023, to comment on the draft.5
To coordinate the timely implementation of federal AI policies, including those set forth in the
To coordinate the timely implementation of federal AI policies, including those set forth in the
E.O., it establishes the White House Artificial Intelligence Council. The Assistant to the President E.O., it establishes the White House Artificial Intelligence Council. The Assistant to the President
and Deputy Chief of Staff for Policy serves as the council’s chair. The council is composed of the and Deputy Chief of Staff for Policy serves as the council’s chair. The council is composed of the
heads of the following departments and agencies, or their designees: heads of the following departments and agencies, or their designees:
1. Department of State;
1. Department of State;
2. Department of the Treasury;
2. Department of the Treasury;
3. Department of Defense;
3. Department of Defense;
4. Department of Justice;
4. Department of Justice;
5. Department of Agriculture;
5. Department of Agriculture;
6. Department of Commerce;
6. Department of Commerce;
7. Department of Labor;
7. Department of Labor;
8. Department of Health and Human Services;
8. Department of Health and Human Services;
9. Department of Housing and Urban Development;
9. Department of Housing and Urban Development;
10. Department of Transportation;
10. Department of Transportation;
11. Department of Energy;
11. Department of Energy;
12. Department of Education;
12. Department of Education;
13. Department of Veterans Affairs;
13. Department of Veterans Affairs;
14. Department of Homeland Security;
14. Department of Homeland Security;
15. Small Business Administration;
15. Small Business Administration;
16. United States Agency for International Development;
16. United States Agency for International Development;
17. Office of the Director of National Intelligence;
17. Office of the Director of National Intelligence;
18. National Science Foundation;
18. National Science Foundation;
19. Office of Management and Budget;
19. Office of Management and Budget;
20. Office of Science and Technology Policy;
20. Office of Science and Technology Policy;
as well as the as well as the
21. National Security Advisor;
21. National Security Advisor;
22. Director of the Council of Economic Advisors;
22. Director of the Council of Economic Advisors;
23. Domestic Policy Advisor;
23. Domestic Policy Advisor;
24. Chief of Staff to the Vice President;
24. Chief of Staff to the Vice President;
25. Director of the Gender Policy Council;
25. Director of the Gender Policy Council;
26. Chairman of the Council of Economic Advisors;
27. National Cyber Director; and
3 Office of Management and Budget, “Advancing Governance, Innovation, and Risk Management for Agency Use of
3 Office of Management and Budget, “Advancing Governance, Innovation, and Risk Management for Agency Use of
Artificial Intelligence,” Artificial Intelligence,”
draft November 1, 2023, at M-24-10, March 28, 2024, https://www.whitehouse.gov/wp-content/uploads/https://www.whitehouse.gov/wp-content/uploads/
2023/11/AI-in-Government-Memo-draft-for-public-review2024/03/M-24-10-Advancing-Governance-Innovation-and-Risk-Management-for-Agency-Use-of-Artificial-Intelligence.pdf; The Artificial Intelligence in Government Act, P.L. 116-260, Division .pdf; The Artificial Intelligence in Government Act, P.L. 116-260, Division
U, Title I; and The Advancing American AI Act, P.L. 117-263, Title LXXII, Subtitle B. U, Title I; and The Advancing American AI Act, P.L. 117-263, Title LXXII, Subtitle B.
4 Office of Management and Budget, “Advancing Governance, Innovation, and Risk Management for Agency Use of
4 Office of Management and Budget, “Advancing Governance, Innovation, and Risk Management for Agency Use of
Artificial Intelligence,” Artificial Intelligence,”
draft November 1, 2023, atM-24-10, March 28, 2024, https://www.whitehouse.gov/wp-content/uploads/ https://www.whitehouse.gov/wp-content/uploads/
2023/11/AI-in-Government-Memo-draft-for-public-review.pdf.
5 White House, “Make Your Voice Heard,” website, at https://ai.gov/input/. 2024/03/M-24-10-Advancing-Governance-Innovation-and-Risk-Management-for-Agency-Use-of-Artificial-Intelligence.pdf.
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
26. Chairman of the Council of Economic Advisors;
27. National Cyber Director; and
28. Chairman of the Joint Chiefs of Staff. 28. Chairman of the Joint Chiefs of Staff.
Other agencies and executive offices may be added to the council at the discretion of the chair.
Other agencies and executive offices may be added to the council at the discretion of the chair.
Requirements and Deliverables
E.O. 14110 directs over 50 federal entities to engage in more than 100 specific actions to E.O. 14110 directs over 50 federal entities to engage in more than 100 specific actions to
implement the guidance set forth in the E.O. CRS has outlined the requirements of the E.O. (as implement the guidance set forth in the E.O. CRS has outlined the requirements of the E.O. (as
well as any deliverables) in the tables below, organized by policy area. The tables only list well as any deliverables) in the tables below, organized by policy area. The tables only list
requirements with explicit deliverables and due dates, as well as the responsible agency or requirements with explicit deliverables and due dates, as well as the responsible agency or
agencies for those deliverables. The E.O. encourages independent federal regulators to engage in agencies for those deliverables. The E.O. encourages independent federal regulators to engage in
given tasks, but does not prescribe accompanying deadlines for those tasks. Those tasks are given tasks, but does not prescribe accompanying deadlines for those tasks. Those tasks are
described below each table. Abbreviations used in the tables can be found in tdescribed below each table. Abbreviations used in the tables can be found in t
he Appendix.
Safety and Security
The E.O. promotes the development and implementation of repeatable processes and mechanisms The E.O. promotes the development and implementation of repeatable processes and mechanisms
to understand and mitigate risks related to AI adoption, especially with respect to biosecurity, to understand and mitigate risks related to AI adoption, especially with respect to biosecurity,
cybersecurity, national security, and critical infrastructure risk. Actions related to this policy area cybersecurity, national security, and critical infrastructure risk. Actions related to this policy area
are prescribed inare prescribed in
Section 4 of the E.O. There are 27 requirements involving over 30 federal Section 4 of the E.O. There are 27 requirements involving over 30 federal
entities in this sectientities in this secti
on. Table 1 lists these requirements. lists these requirements.
Table 1. Requirements and Deliverables in Section 4 on Safety and Security
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Develop guidelines and best
Develop guidelines and best
NIST
NIST
July 26,
July 26,
4.1(a)
4.1(a)
Includes development of
Includes development of
practices—with the aim of
practices—with the aim of
(DOE, DHS,
(DOE, DHS,
2024 (270
2024 (270
companion resources to the
companion resources to the
AI
promoting consensus industry
promoting consensus industry
DOC, NSF)
DOC, NSF)
days)
days)
Risk Management Framework
standards—and testing
standards—and testing
(for GenAI) and
(for GenAI) and
Secure
environments, for developing and
environments, for developing and
Software Development
deploying safe, secure, and
deploying safe, secure, and
Framework (for GenAI and (for GenAI and
trustworthy AI safety and security.
trustworthy AI safety and security.
dual-use foundational models),
dual-use foundational models),
and launching an initiative to and launching an initiative to
create guidance and create guidance and
benchmarks for AI audits. benchmarks for AI audits.
Develop and implement a plan to
Develop and implement a plan to
DOE
DOE
July 26,
July 26,
4.1(b)
4.1(b)
Efforts shall use existing
Efforts shall use existing
develop AI model evaluation tools
develop AI model evaluation tools
(SRMAs)
(SRMAs)
2024 (270
2024 (270
solutions where possible and,
solutions where possible and,
and testbeds, in order to
and testbeds, in order to
days)
days)
at a minimum, include
at a minimum, include
understand and mitigate AI
understand and mitigate AI
development of tools to
development of tools to
security risks.
security risks.
evaluate security threats and
evaluate security threats and
hazards. hazards.
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Require (1) companies developing, Require (1) companies developing,
DOC
DOC
January 28,
January 28,
4.2(a)
4.2(a)
This requirement uses Defense
This requirement uses Defense
or intending to develop, dual-use
or intending to develop, dual-use
2024 (90
2024 (90
Production Act (DPA, 50
Production Act (DPA, 50
AI models to report to the
AI models to report to the
days)
days)
U.S.C. §§4501-4568)
U.S.C. §§4501-4568)
government on model training,
government on model training,
authorities to require
authorities to require
testing, and data ownership; and
testing, and data ownership; and
responses.
responses.
(2) entities that acquire, develop,
(2) entities that acquire, develop,
or possess potential large or possess potential large
computing infrastructure to report computing infrastructure to report
to the government on the location to the government on the location
and amount of computing power.and amount of computing power.
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Define the set of technical
Define the set of technical
DOC
DOC
January 28,
January 28,
4.2(b)
4.2(b)
The minimum computational
The minimum computational
conditions used to determine
conditions used to determine
(DOS, DOD,
(DOS, DOD,
2024 (90
2024 (90
threshold that would trigger a
threshold that would trigger a
which models and computing
which models and computing
DOE, DNI)
DOE, DNI)
days)
days)
reporting requirement for
reporting requirement for
infrastructure are subject to the
infrastructure are subject to the
companies currently exceeds
companies currently exceeds
reporting in 4.2(a).
reporting in 4.2(a).
most models in u
most models in u
se.a
Propose regulations for Cloud
Propose regulations for Cloud
DOC
DOC
January 28,
January 28,
4.2(c)
4.2(c)
This requirement fol ows E.O.
This requirement fol ows E.O.
Service Providers (CSPs) to report
Service Providers (CSPs) to report
2024 (90
2024 (90
13984, which proposed a
13984, which proposed a
when foreign persons use U.S.
when foreign persons use U.S.
days)
days)
know-your-customer regime
know-your-customer regime
infrastructure to train AI systems.
infrastructure to train AI systems.
for CSPs.
for CSPs.
Extend regulation from Section
Extend regulation from Section
DOC
DOC
April 27,
April 27,
4.2(d)
4.2(d)
Also prescribes minimum
Also prescribes minimum
4.2(c) to foreign resel ers of CSP
4.2(c) to foreign resel ers of CSP
2024 (180
2024 (180
reporting information.
reporting information.
products used for AI.
products used for AI.
days)
days)
Evaluate and assess potential risks
Evaluate and assess potential risks
SRMAs
SRMAs
January 28,
January 28,
4.3(a)(i)
4.3(a)(i)
The report shall be made to
The report shall be made to
related to critical infrastructure
related to critical infrastructure
(CISA)
(CISA)
2024 (90
2024 (90
DHS.
DHS.
adoption and use of AI and
adoption and use of AI and
days) and
days) and
consider ways to mitigate
consider ways to mitigate
annually
annually
vulnerabilities.
vulnerabilities.
thereafter
thereafter
Issue best practices for financial
Issue best practices for financial
Treasury
Treasury
March 28,
March 28,
4.3(a)(i )
4.3(a)(i )
The report shall be public.
The report shall be public.
institutions to manage AI-specific
institutions to manage AI-specific
2024 (150
2024 (150
cybersecurity risks.
cybersecurity risks.
days)
days)
Incorporate the
Incorporate the
AI Risk
DHS
DHS
April 27,
April 27,
4.3(a)(i i)
4.3(a)(i i)
Management Framework, and other , and other
(DOC, SRMAs, 2024 (180
(DOC, SRMAs, 2024 (180
appropriate security guidance,
appropriate security guidance,
into into
IRAs)
IRAs)
days)
days)
safety and security guidelines used
safety and security guidelines used
by CI owners and operators. by CI owners and operators.
Take steps to mandate adoption of APNSA &
Take steps to mandate adoption of APNSA &
December
December
4.3(a)(iv) IRAs shall consider adopting
4.3(a)(iv) IRAs shall consider adopting
the guidelines from Section
the guidelines from Section
OMB
OMB
23, 2024
23, 2024
regulatory action.
regulatory action.
4.3(a)(i i).
4.3(a)(i i).
(DHS)
(DHS)
(240 days
(240 days
from from
guidelines) guidelines)
Establish an Artificial Intelligence
Establish an Artificial Intelligence
DHS
DHS
No date
No date
4.3(a)(v)
4.3(a)(v)
In accordance with 6 U.S.C.
In accordance with 6 U.S.C.
Safety and Security Board.
Safety and Security Board.
assigned
assigned
§451 on advisory committees.
§451 on advisory committees.
Plan for and conduct a pilot to use
Plan for and conduct a pilot to use
DOD & DHS
DOD & DHS
April 27,
April 27,
4.3(b)(i )
4.3(b)(i )
DOD shall carry out a pilot for
DOD shall carry out a pilot for
AI models to discover and
AI models to discover and
2024 (180
2024 (180
national security systems; DHS
national security systems; DHS
remediate vulnerabilities in federal
remediate vulnerabilities in federal
days)
days)
shall carry out a pilot for non-
shall carry out a pilot for non-
IT systems.
IT systems.
national security systems.
national security systems.
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Report (from each agency) on
Report (from each agency) on
DOD & DHS
DOD & DHS
July 26,
July 26,
4.3(b)(i i) The reports are to the
4.3(b)(i i) The reports are to the
results of the pilot projects
results of the pilot projects
2024 (270
2024 (270
APNSA.
APNSA.
(Section 4.3(b)(i )), vulnerabilities
(Section 4.3(b)(i )), vulnerabilities
days)
days)
AI systems discovered, and how
AI systems discovered, and how
those vulnerabilities were those vulnerabilities were
mitigated. mitigated.
Evaluate potential for AI to be
Evaluate potential for AI to be
DHS
DHS
April 27,
April 27,
4.4(a)(i)
4.4(a)(i)
Report shall be made to the
Report shall be made to the
used to develop, produce, or
used to develop, produce, or
(DOE, OSTP)
(DOE, OSTP)
2024 (180
2024 (180
President, including
President, including
counter chemical, biological,
counter chemical, biological,
days)
days)
recommendations for
recommendations for
radiological, and nuclear (CBRN)
radiological, and nuclear (CBRN)
regulating or overseeing such
regulating or overseeing such
threats.
threats.
AI models.
AI models.
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Study and report on the use of AI Study and report on the use of AI
DOD
DOD
February
February
4.4(a)(i )
4.4(a)(i )
DOD shall contract with the
DOD shall contract with the
in biology and the potential to
in biology and the potential to
(APNSA,
(APNSA,
27, 2024
27, 2024
National Academies of
National Academies of
increase biosecurity and national
increase biosecurity and national
OSTP)
OSTP)
(120 days)
(120 days)
Sciences, Engineering, and
Sciences, Engineering, and
security risks, and make
security risks, and make
Medicine for the study.
Medicine for the study.
recommendations to mitigate such
recommendations to mitigate such
risks. risks.
Develop a framework for
Develop a framework for
OSTP
OSTP
April 27,
April 27,
4.4(b)(i)
4.4(b)(i)
The stated goal is to reduce
The stated goal is to reduce
providers of synthetic nucleic acids (DOS, DOD,
providers of synthetic nucleic acids (DOS, DOD,
2024 (180
2024 (180
the misuse of synthetic genetic
the misuse of synthetic genetic
(companies that manipulate certain DOJ, DOC,
(companies that manipulate certain DOJ, DOC,
days)
days)
material, which might be
material, which might be
biologic genetic material) to
biologic genetic material) to
HHS, DOE,
HHS, DOE,
substantially increased by AI’s
substantially increased by AI’s
encourage such providers to
encourage such providers to
DHS, DNI)
DHS, DNI)
capabilities, and improve
capabilities, and improve
implement procurement screening
implement procurement screening
biosecurity measures for the
biosecurity measures for the
mechanisms, including standards
mechanisms, including standards
industry.
industry.
and incentives.
and incentives.
Develop procurement screening
Develop procurement screening
NIST & OSTP
NIST & OSTP
April 27,
April 27,
4.4(b)(i )
4.4(b)(i )
specifications and guides, and best
specifications and guides, and best
(DOS, HHS)
(DOS, HHS)
2024 (180
2024 (180
practices for sequence-of-concern
practices for sequence-of-concern
days)
days)
database management and
database management and
conformity-assessment, for use by conformity-assessment, for use by
nucleic acid sequence providers. nucleic acid sequence providers.
Establish requirements that life
Establish requirements that life
Al agencies
Al agencies
October
October
4.4(b)(i i) The APNSA and OSTP shall
4.4(b)(i i) The APNSA and OSTP shall
science researchers receiving
science researchers receiving
that fund life
that fund life
24, 2024
24, 2024
review funding requirements
review funding requirements
federal funding must procure
federal funding must procure
sciences
sciences
(180 days
(180 days
for consistency.
for consistency.
synthetic nucleic acids from
synthetic nucleic acids from
research
research
from the
from the
manufacturers adhering to the
manufacturers adhering to the
framework
framework
framework in Section 4.4(b)(i).
framework in Section 4.4(b)(i).
in 4.4(b)(i))
in 4.4(b)(i))
Develop a framework to conduct
Develop a framework to conduct
DHS
DHS
October
October
4.4(b)(iv) Submit an annual report,
4.4(b)(iv) Submit an annual report,
structured evaluation and stress
structured evaluation and stress
24, 2024
24, 2024
including recommendations, to
including recommendations, to
testing of the nucleic acid
testing of the nucleic acid
(180 days
(180 days
the APNSA, OPPRP, and
the APNSA, OPPRP, and
procurement screening systems.
procurement screening systems.
from the
from the
OSTP.
OSTP.
framework
framework
in 4.4(b)(i)) in 4.4(b)(i))
Identify existing and potential
Identify existing and potential
DOC
DOC
June 26,
June 26,
4.5(a)
4.5(a)
Report to APNSA and OMB.
Report to APNSA and OMB.
standards, tools, and methods for
standards, tools, and methods for
2024 (240
2024 (240
The report shall also consider
The report shall also consider
authenticating, tracking
authenticating, tracking
days)
days)
(1) preventing GenAI from
(1) preventing GenAI from
provenance of, labeling, and
provenance of, labeling, and
producing child sexual abuse
producing child sexual abuse
detecting AI-generated content.
detecting AI-generated content.
material, (2) testing software
material, (2) testing software
which can be used as a tool, which can be used as a tool,
and (3) auditing synthetic and (3) auditing synthetic
content. content.
Congressional Research Service
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Develop guidance for adopting the Develop guidance for adopting the
DOC
DOC
December
December
4.5(b)
4.5(b)
Shall be updated periodically
Shall be updated periodically
tools and practices for digital
tools and practices for digital
(OMB)
(OMB)
23, 2024
23, 2024
after development.
after development.
content authentication and
content authentication and
(180 days
(180 days
synthetic content detection
synthetic content detection
from
from
measures identified in the report
measures identified in the report
report)
report)
in 4.5(a).
in 4.5(a).
Issue guidance to agencies for
Issue guidance to agencies for
OMB
OMB
June 21,
June 21,
4.5(c)
4.5(c)
labeling and authenticating digital
labeling and authenticating digital
(DOS, DOD,
(DOS, DOD,
2025 (180
2025 (180
and synthetic content the federal
and synthetic content the federal
DOJ, NIST,
DOJ, NIST,
days from
days from
government uses.
government uses.
DHS, DNI)
DHS, DNI)
guidance in
guidance in
section section
4.5(b))4.5(b))
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link to page 22 link to page 10 Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Consider amending the Federal
Consider amending the Federal
FARC
FARC
No date
No date
4.5(d)
4.5(d)
Acquisition Regulation to account
Acquisition Regulation to account
assigned
assigned
for guidance established under
for guidance established under
section 4.5. section 4.5.
Solicit expert input and report on
Solicit expert input and report on
NTIA
NTIA
July 26,
July 26,
4.6
4.6
Report is to be submitted to
Report is to be submitted to
the risks, benefits, and policy and
the risks, benefits, and policy and
(DOS)
(DOS)
2024 (270
2024 (270
the President.
the President.
regulatory mechanisms on dual-
regulatory mechanisms on dual-
days)
days)
use foundation AI models with
use foundation AI models with
widely available model weights. widely available model weights.
Develop guidelines for performing
Develop guidelines for performing
CDOC
CDOC
July 26,
July 26,
4.7(a)
4.7(a)
security reviews before releasing
security reviews before releasing
(DOD, DOC,
(DOD, DOC,
2024 (270
2024 (270
federal information that could be
federal information that could be
DOE, DHS,
DOE, DHS,
days)
days)
used to develop CBRN weapons
used to develop CBRN weapons
DNI)
DNI)
or offensive cyber capabilities.
or offensive cyber capabilities.
Conduct security reviews using
Conduct security reviews using
Agencies
Agencies
January 22,
January 22,
4.7(b)
4.7(b)
guidelines from Section 4.7(a) and
guidelines from Section 4.7(a) and
2025 (180
2025 (180
take steps to address the highest-
take steps to address the highest-
days from
days from
priority potential security risks.
priority potential security risks.
guidelines)
guidelines)
Develop an accompanying
Develop an accompanying
APNSA &
APNSA &
July 26,
July 26,
4.8
4.8
Memorandum shall use an
Memorandum shall use an
National Security Memorandum
National Security Memorandum
DCOSP
DCOSP
2024 (270
2024 (270
interagency development
interagency development
on AI.
on AI.
days)
days)
process.
process.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Notes: For a list of acronyms, please see the For a list of acronyms, please see the
Appendix.
a. For example, researchers have estimated that the computational power minimum threshold in the E.O. a. For example, researchers have estimated that the computational power minimum threshold in the E.O.
(10^26 floating-point operations [FLOPs]) is “more than any model trained to date” and that OpenAI’s
(10^26 floating-point operations [FLOPs]) is “more than any model trained to date” and that OpenAI’s
GPT-4 model was just under this threshold. See Markus Anderljung et al., “Frontier AI Regulation: Managing GPT-4 model was just under this threshold. See Markus Anderljung et al., “Frontier AI Regulation: Managing
Emerging Risks to Public Safety,” Emerging Risks to Public Safety,”
arXiv (non-peer reviewed), July 6, 2023, at https://arxiv.org/abs/ (non-peer reviewed), July 6, 2023, at https://arxiv.org/abs/
2307.03718; and Rishi Bommasani et al., “Decoding the White House AI Executive Order’s Achievements,” 2307.03718; and Rishi Bommasani et al., “Decoding the White House AI Executive Order’s Achievements,”
Stanford University Institute for Human-Centered AI, November 2, 2023, at https://hai.stanford.edu/news/Stanford University Institute for Human-Centered AI, November 2, 2023, at https://hai.stanford.edu/news/
decoding-white-house-ai-executive-orders-achievements. decoding-white-house-ai-executive-orders-achievements.
Additionally, Section 4.3 encourages independent regulatory agencies to consider rulemaking to
Additionally, Section 4.3 encourages independent regulatory agencies to consider rulemaking to
help critical infrastructure owners and operators safely adopt AI technologies and mitigate risks. help critical infrastructure owners and operators safely adopt AI technologies and mitigate risks.
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Innovation and Competition
The E.O. compels actions to attract AI talent to the United States, understand novel intellectual The E.O. compels actions to attract AI talent to the United States, understand novel intellectual
property (IP) questions to protect inventors and creators, and promote AI innovation, including at property (IP) questions to protect inventors and creators, and promote AI innovation, including at
startups and small businesses.startups and small businesses.
Actions related to this policy area are prescribed in Section 5 of the Actions related to this policy area are prescribed in Section 5 of the
E.O. There are 21 requirements involving 10 federal entities in this sectioE.O. There are 21 requirements involving 10 federal entities in this sectio
n. Table 2 lists these lists these
requirements. requirements.
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Table 2. Requirements and Deliverables in Section 5 on Innovation and Competition
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Streamline processes for visas for DOS & DHS
Streamline processes for visas for DOS & DHS
January 28, 5.1(a)
January 28, 5.1(a)
Also applies to other critical
Also applies to other critical
foreigners seeking to come to
foreigners seeking to come to
2024 (90
2024 (90
and emerging technologies, as
and emerging technologies, as
the United States for AI
the United States for AI
days)
days)
identified in the White House
identified in the White House
education or work.
education or work.
Critical and Emerging
Critical and Emerging
Technologies LiTechnologies Li
st.a
Consider (1) rulemaking to
Consider (1) rulemaking to
DOS
DOS
February
February
5.1(b)
5.1(b)
establish new criteria for
establish new criteria for
27, 2024
27, 2024
designating countries and critical
designating countries and critical
(120 days)
(120 days)
skil s for visas, and (2)
skil s for visas, and (2)
implementing a visa renewal implementing a visa renewal
program to help highly skil ed AI program to help highly skil ed AI
talent continue to work in the talent continue to work in the
United States. United States.
Consider rulemaking to expand
Consider rulemaking to expand
DOS
DOS
April 27,
April 27,
5.1(c)
5.1(c)
nonimmigrant eligibility for the
nonimmigrant eligibility for the
2024 (180
2024 (180
domestic visa renewal program,
domestic visa renewal program,
days)
days)
and establish a program to
and establish a program to
identify and attract top AI talent identify and attract top AI talent
from overseas. from overseas.
Review and initiate policy
Review and initiate policy
DHS
DHS
April 27,
April 27,
5.1(d)
5.1(d)
changes related to immigration
changes related to immigration
2024 (180
2024 (180
pathways for AI experts, and
pathways for AI experts, and
days)
days)
consider rulemaking to enhance
consider rulemaking to enhance
visa modernization processes and visa modernization processes and
permanent resident pathways. permanent resident pathways.
Solicit public input to identify AI
Solicit public input to identify AI
DOL
DOL
December
December
5.1(e)
5.1(e)
Refers to Schedule A of 20
Refers to Schedule A of 20
and STEM-related occupations
and STEM-related occupations
14, 2023
14, 2023
C.F.R. §656.5.
C.F.R. §656.5.
for which there is an inadequate
for which there is an inadequate
(45 days)
(45 days)
number of U.S. workers, so to
number of U.S. workers, so to
update the “Schedule A” list. update the “Schedule A” list.
Develop and publish resources to DHS
Develop and publish resources to DHS
February
February
5.1(g)
5.1(g)
Also includes a requirement to
Also includes a requirement to
help attract and retain AI experts
help attract and retain AI experts
(DOS, DOC,
(DOS, DOC,
27, 2024
27, 2024
publish a public report with
publish a public report with
from other countries, and help
from other countries, and help
OSTP)
OSTP)
(120 days)
(120 days)
data on how AI experts have
data on how AI experts have
them understand their options
them understand their options
utilized the immigration system
utilized the immigration system
for working in the United States.
for working in the United States.
through the end of FY2023.
through the end of FY2023.
Launch a pilot program
Launch a pilot program
NSF
NSF
January 28, 5.2(a)(i)
January 28, 5.2(a)(i)
By December 14 (45 days)
By December 14 (45 days)
implementing the National AI
implementing the National AI
2024 (90
2024 (90
agencies are to identify
agencies are to identify
Research Resource (NAIRR),
Research Resource (NAIRR),
days)
days)
resources that could be
resources that could be
consistent with previous
consistent with previous
integrated into this pilot.
integrated into this pilot.
recommendation
recommendation
s.b
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Fund and launch at least one NSF
Fund and launch at least one NSF
NSF
NSF
March 28,
March 28,
5.2(a)(i )
5.2(a)(i )
Regional Innovation Engine that
Regional Innovation Engine that
2024 (150
2024 (150
prioritizes AI-related work.
prioritizes AI-related work.
days)
days)
Establish at least four new
Establish at least four new
NSF
NSF
April 22,
April 22,
5.2(a)(i i)
5.2(a)(i i)
25 are currently funded; NSF
25 are currently funded; NSF
National AI Research Institutes.
National AI Research Institutes.
2025 (540
2025 (540
funds 20 of those, and USDA
funds 20 of those, and USDA
days)
days)
NIFA funds
NIFA funds
5.c
Congressional Research Service
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Establish a pilot program to
Establish a pilot program to
DOE & NSF
DOE & NSF
February
February
5.2(b)
5.2(b)
The E.O.’s goal is to reach 500
The E.O.’s goal is to reach 500
enhance existing training
enhance existing training
27, 2024
27, 2024
new AI researchers by 2025.
new AI researchers by 2025.
programs for scientists.
programs for scientists.
(120 days)
(120 days)
Publish guidance to USPTO
Publish guidance to USPTO
USPTO
USPTO
February
February
5.2(c)(i)
5.2(c)(i)
patent examiners and applicants
patent examiners and applicants
27, 2024
27, 2024
on use of AI in the inventive
on use of AI in the inventive
(120 days)
(120 days)
process.
process.
Issue additional guidance to
Issue additional guidance to
USPTO
USPTO
July 26,
July 26,
5.2(c)(i )
5.2(c)(i )
Could include updated
Could include updated
USPTO patent examiners and
USPTO patent examiners and
2024 (270
2024 (270
guidance on patent eligibility to
guidance on patent eligibility to
applicants to address other
applicants to address other
days)
days)
address innovation in AI and
address innovation in AI and
considerations at the intersection
considerations at the intersection
critical and emerging
critical and emerging
of AI and IP.
of AI and IP.
technologies.
technologies.
Recommend further executive
Recommend further executive
USPTO
USPTO
July 26,
July 26,
5.2(c)(i i)
5.2(c)(i i)
Could also be 180 days after
Could also be 180 days after
actions on copyright and AI.
actions on copyright and AI.
2024 (270
2024 (270
the U.S. Copyright Office
the U.S. Copyright Office
days)
days)
publishes a study on AI in
publishes a study on AI in
copyright issues pursuant to 37 copyright issues pursuant to 37
C.F.R. Part 202. C.F.R. Part 202.
Develop a training, analysis, and
Develop a training, analysis, and
DHS
DHS
April 27,
April 27,
5.2(d)
5.2(d)
This includes devoting
This includes devoting
evaluation program to mitigate
evaluation program to mitigate
(DOJ)
(DOJ)
2024 (180
2024 (180
personnel, developing guidance
personnel, developing guidance
AI-related IP risks.
AI-related IP risks.
days)
days)
for the private sector, and
for the private sector, and
sharing information. sharing information.
Identify and prioritize funding
Identify and prioritize funding
HHS
HHS
No date
No date
5.2(e)
5.2(e)
Includes col aborating with the
Includes col aborating with the
awards—and undertake related
awards—and undertake related
assigned
assigned
private sector to support
private sector to support
efforts—to support responsible
efforts—to support responsible
personalized medicine,
personalized medicine,
AI development.
AI development.
prioritizing awards to improve
prioritizing awards to improve
healthcarehealth care data quality, and data quality, and
accelerating AIM-AHEAD accelerating AIM-AHEAD
program awards. program awards.
Host two three-month long AI
Host two three-month long AI
VA
VA
October
October
5.2(f)
5.2(f)
VA is also to provide access to
VA is also to provide access to
Tech Sprint competitions.
Tech Sprint competitions.
29, 2024
29, 2024
technical assistance,
technical assistance,
(365 days)
(365 days)
mentorship opportunities,
mentorship opportunities,
expert feedback, and potential expert feedback, and potential
contract opportunities to contract opportunities to
competitors. competitors.
Issue a public report describing
Issue a public report describing
DOE
DOE
April 27,
April 27,
5.2(g)(i)
5.2(g)(i)
The overarching goals of the
The overarching goals of the
how AI could improve electric
how AI could improve electric
(FERC, OSTP,
(FERC, OSTP,
2024 (180
2024 (180
requirements under Section
requirements under Section
grid infrastructure.
grid infrastructure.
CEQ, APNCA)
CEQ, APNCA)
days)
days)
5.2(g) are to strengthen U.S.
5.2(g) are to strengthen U.S.
resilience against climate resilience against climate
change impacts. change impacts.
Congressional Research Service
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link to page 22 Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Develop tools to help build Develop tools to help build
DOE
DOE
April 27,
April 27,
5.2(g)(i )
5.2(g)(i )
AI models should also improve
AI models should also improve
foundational AI models for basic
foundational AI models for basic
(FERC, OSTP,
(FERC, OSTP,
2024 (180
2024 (180
5.2(g)(i i) environmental and social
5.2(g)(i i) environmental and social
and applied science, including for
and applied science, including for
CEQ, APNCA)
CEQ, APNCA)
days)
days)
outcomes, and agencies should
outcomes, and agencies should
environmental reviews and
environmental reviews and
col aborate with private sector
col aborate with private sector
permitting, and to mitigate
permitting, and to mitigate
organizations and academic
organizations and academic
climate change risks.
climate change risks.
researchers when developing
researchers when developing
tools to mitigate risks.tools to mitigate risks.
Congressional Research Service
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link to page 22 link to page 13 Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Partner with nongovernmental
Partner with nongovernmental
DOE
DOE
April 27,
April 27,
5.2(g)(iv) To include partnerships that
5.2(g)(iv) To include partnerships that
entities and international allies
entities and international allies
(FERC, OSTP,
(FERC, OSTP,
2024 (180
2024 (180
increase community
increase community
and partners to model climate
and partners to model climate
CEQ, APNCA)
CEQ, APNCA)
days)
days)
preparedness, enable clean-
preparedness, enable clean-
risks and projects using DOE’s
risks and projects using DOE’s
energy deployment, and
energy deployment, and
computing capabilities and AI
computing capabilities and AI
enhance grid reliability and
enhance grid reliability and
testbeds.
testbeds.
resilience.
resilience.
Establish an office in DOE to
Establish an office in DOE to
DOE
DOE
April 27,
April 27,
5.2(g)(v)
5.2(g)(v)
coordinate AI programs across
coordinate AI programs across
(FERC, OSTP,
(FERC, OSTP,
2024 (180
2024 (180
the national laboratories.
the national laboratories.
CEQ, APNCA)
CEQ, APNCA)
days)
days)
Report on the potential of AI for
Report on the potential of AI for
PCAST
PCAST
April 27,
April 27,
5.2(h)
5.2(h)
Report shall be submitted to
Report shall be submitted to
scientific research.
scientific research.
2024 (180
2024 (180
the President and made
the President and made
days)
days)
publicly available.
publicly available.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Notes: For a list of acronyms, please see th For a list of acronyms, please see th
e Appendix.
a. Executive Office of the President, “Critical and Emerging Technologies List Update,” report, February 2022, a. Executive Office of the President, “Critical and Emerging Technologies List Update,” report, February 2022,
at https://www.whitehouse.gov/wp-content/uploads/2022/02/02-2022-Critical-and-Emerging-Technologies-
at https://www.whitehouse.gov/wp-content/uploads/2022/02/02-2022-Critical-and-Emerging-Technologies-
List-Update.pdf. List-Update.pdf.
b. NSF and OSTP are jointly chairing a NAIRR Pilot Interagency Working Group, which is developing an
b. NSF and OSTP are jointly chairing a NAIRR Pilot Interagency Working Group, which is developing an
implementation plan for the NAIRR; see NASA, “Participation in National AI Research Resource (NAIRR)
implementation plan for the NAIRR; see NASA, “Participation in National AI Research Resource (NAIRR)
Pilot Interagency Working Group,” June 26, 2023, at https://science.msfc.nasa.gov/2023/06/26/participation-Pilot Interagency Working Group,” June 26, 2023, at https://science.msfc.nasa.gov/2023/06/26/participation-
in-national-ai-research-resource-nairr-pilot-interagency-working-group/. Per the NSF FY2024 Budget in-national-ai-research-resource-nairr-pilot-interagency-working-group/. Per the NSF FY2024 Budget
Request to Congress, “NSF wil work with agencies and the broader community on the NAIRR Pilot Request to Congress, “NSF wil work with agencies and the broader community on the NAIRR Pilot
Option outlined in the report to provide pilot-scale access to existing computational resources, software, Option outlined in the report to provide pilot-scale access to existing computational resources, software,
datasets, services, and user portals across the current national cyberinfrastructure ecosystem”; see NSF datasets, services, and user portals across the current national cyberinfrastructure ecosystem”; see NSF
FY2024 Budget Request to Congress, March 13, 2023, p. Emerging Industries–19. FY2024 Budget Request to Congress, March 13, 2023, p. Emerging Industries–19.
c. James Donlon, “National Artificial Intelligence (AI) Research Institutes,” Program Webinar, September 5,
c. James Donlon, “National Artificial Intelligence (AI) Research Institutes,” Program Webinar, September 5,
2023, at https://nsf.gov/attachments/308263/public/
2023, at https://nsf.gov/attachments/308263/public/
National_AI_Research_Institutes_Webinar2023_508verified.pptx. National_AI_Research_Institutes_Webinar2023_508verified.pptx.
Section 5.2 (a)(i) encourages independent regulatory agencies to consider complementary actions
Section 5.2 (a)(i) encourages independent regulatory agencies to consider complementary actions
to AI research resource pilots for their regulated industries. Additionally, Section 5.3(a) to AI research resource pilots for their regulated industries. Additionally, Section 5.3(a)
encourages the Federal Trade Commission (FTC) to consider rulemaking to ensure fair encourages the Federal Trade Commission (FTC) to consider rulemaking to ensure fair
competition for consumers in the AI marketplace. Section 5.3(b) provides guidance to the competition for consumers in the AI marketplace. Section 5.3(b) provides guidance to the
Department of Commerce in implementing the Creating Helpful Incentives to Produce Department of Commerce in implementing the Creating Helpful Incentives to Produce
Semiconductors (CHIPS) Act of 2022 (P.L. 117-167). Sections 5.3(c) and (d) provide guidance to Semiconductors (CHIPS) Act of 2022 (P.L. 117-167). Sections 5.3(c) and (d) provide guidance to
the Small Business Administration (SBA) on supporting small businesses’ use of AI. These the Small Business Administration (SBA) on supporting small businesses’ use of AI. These
directions do not carry accompanying deliverables or specific due dates. directions do not carry accompanying deliverables or specific due dates.
Congressional Research Service
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link to page 13 link to page 22 link to page 14 Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Worker Support
The E.O. recognizes that AI adoption may be disruptive to the workforce and directs agencies to The E.O. recognizes that AI adoption may be disruptive to the workforce and directs agencies to
research and develop potential mitigations against such disruptions.research and develop potential mitigations against such disruptions.
Actions related to this policy Actions related to this policy
area are prescribed in Section 6 of the E.O. There are four requirements involving two federal area are prescribed in Section 6 of the E.O. There are four requirements involving two federal
entitiesentities
. Table 3 lists these requirements. lists these requirements.
Congressional Research Service
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link to page 22 link to page 14 Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Table 3. Requirements and Deliverables in Section 6 on Worker Support
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Requirements
Agencies)
Due Dates
Section
Notes
Report on the effects of AI on
Report on the effects of AI on
CEA
CEA
April 27,
April 27,
6(a)(i)
6(a)(i)
The report is to the
The report is to the
the labor market.
the labor market.
2024 (180
2024 (180
President.
President.
days)
days)
Report on the ability agencies
Report on the ability agencies
DOL
DOL
April 27,
April 27,
6(a)(i )
6(a)(i )
The report is to the
The report is to the
have to assist workers displaced
have to assist workers displaced
2024 (180
2024 (180
President.
President.
by AI adoption.
by AI adoption.
days)
days)
Publish principles and best
Publish principles and best
DOL
DOL
April 27,
April 27,
6(b)(i)
6(b)(i)
DOL shall also encourage
DOL shall also encourage
practices employers could adopt
practices employers could adopt
2024 (180
2024 (180
6(b)(i )
6(b)(i )
adoption of these practices.
adoption of these practices.
to minimize harms to employees.
to minimize harms to employees.
days)
days)
Issue guidance on complying with
Issue guidance on complying with
DOL
DOL
April 27,
April 27,
6(b)(i i)
6(b)(i i)
Including complying with
Including complying with
legal requirements for employers
legal requirements for employers
2024 (180
2024 (180
protections ensuring worker
protections ensuring worker
that deploy AI to monitor or
that deploy AI to monitor or
days)
days)
compensation for time
compensation for time
augment employees’ work.
augment employees’ work.
worked under 29 U.S.C. §201
worked under 29 U.S.C. §201
et seq. et seq.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Note: For a list of acronyms, please see th For a list of acronyms, please see th
e Appendix.
Section 6(c) also directs NSF to prioritize available resources to support AI-related education and
Section 6(c) also directs NSF to prioritize available resources to support AI-related education and
AI-related workforce development through existing programs, and to consult with other federal AI-related workforce development through existing programs, and to consult with other federal
agencies to further allocate resources for such purposes. agencies to further allocate resources for such purposes.
Consideration of AI Bias and Civil Rights
The E.O. recognizes that AI models may perpetuate biases and that their implementation may The E.O. recognizes that AI models may perpetuate biases and that their implementation may
lead to civil rights violations. This section includes a focus on equity and civil rights lead to civil rights violations. This section includes a focus on equity and civil rights
considerations with use of AI in the criminal justice system and the administration of federal considerations with use of AI in the criminal justice system and the administration of federal
government programs and benefits.government programs and benefits.
Actions related to this policy area are prescribed in Section 7 Actions related to this policy area are prescribed in Section 7
of the E.O. There are nine requirements involving eight federal entitiesof the E.O. There are nine requirements involving eight federal entities
. Table 4 lists these lists these
requirements. Numerous requirements in this section of E.O. 14110 reference requirements and requirements. Numerous requirements in this section of E.O. 14110 reference requirements and
deliverables from E.O. 14074, “Advancing Effective, Accountable Policing and Criminal Justice deliverables from E.O. 14074, “Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety.”Practices to Enhance Public Trust and Public Safety.”
65
65 Executive Office of the President, “Advancing Effective, Accountable Policing and Criminal Justice Practices to Executive Office of the President, “Advancing Effective, Accountable Policing and Criminal Justice Practices to
Enhance Public Trust and Public Safety,” 87Enhance Public Trust and Public Safety,” 87
Federal Register 32945-32963, May 31, 2022. 32945-32963, May 31, 2022.
Congressional Research Service
Congressional Research Service
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Table 4. Requirements and Deliverables in Section 7 on AI Biases and Civil Rights
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Convene agencies and
Convene agencies and
DOJ
DOJ
January 28,
January 28,
7.1(a)(i )
7.1(a)(i )
They shall also consider
They shall also consider
regulators to discuss how they
regulators to discuss how they
2024 (90
2024 (90
improving external
improving external
can use their authorities to
can use their authorities to
days)
days)
stakeholder engagement and
stakeholder engagement and
prevent algorithmic and AI-
prevent algorithmic and AI-
developing additional training,
developing additional training,
related discrimination.
related discrimination.
guidance, and resources.
guidance, and resources.
Report on the use of AI in the
Report on the use of AI in the
DOJ
DOJ
October
October
7.1(b)
7.1(b)
The report is to the
The report is to the
criminal justice system.
criminal justice system.
(DHS, OSTP)
(DHS, OSTP)
29, 2023
29, 2023
President. The report is to
President. The report is to
(365 days)
(365 days)
address uses by police,
address uses by police,
prosecutors, and courts; and prosecutors, and courts; and
recommend best practices recommend best practices
for safeguards and use limits for safeguards and use limits
for AI. for AI.
Identify and publish best
Identify and publish best
OPM
OPM
April 27,
April 27,
7.1(c)(i)
7.1(c)(i)
OPM is the chair of the
OPM is the chair of the
practices to recruit law
practices to recruit law
2024 (180
2024 (180
Interagency Working Group
Interagency Working Group
enforcement (LE) professionals
enforcement (LE) professionals
days)
days)
on Policies, Best Practices for
on Policies, Best Practices for
with AI expertise and train LE
with AI expertise and train LE
Federal Law Enforcement
Federal Law Enforcement
professionals about responsible
professionals about responsible
Agencies. This working group
Agencies. This working group
application of AI.
application of AI.
is responsible for this
is responsible for this
deliverable. deliverable.
Review practices identified in
Review practices identified in
DOJ
DOJ
July 26,
July 26,
7.1(c)(i )
7.1(c)(i )
Extends to tribal law
Extends to tribal law
7.1(c)(i) and, if necessary,
7.1(c)(i) and, if necessary,
(DHS)
(DHS)
2024 (270
2024 (270
enforcement agencies.
enforcement agencies.
develop recommendations for
develop recommendations for
days)
days)
state and local law enforcement
state and local law enforcement
agencies. agencies.
Assess departmental capacity to
Assess departmental capacity to
DOJ
DOJ
October
October
7.1(c)(i i)
7.1(c)(i i)
Pursuant to 18 U.S.C. §242.
Pursuant to 18 U.S.C. §242.
investigate cases related to AI
investigate cases related to AI
29, 2024
29, 2024
involving the deprivation of
involving the deprivation of
(365 days)
(365 days)
rights by governmental agencies
rights by governmental agencies
acting under actual or perceived acting under actual or perceived
authorities. authorities.
Publish a plan addressing states’
Publish a plan addressing states’
HHS
HHS
April 27,
April 27,
7.2(b)(i)
7.2(b)(i)
The plan should promote
The plan should promote
and localities’ use of automated
and localities’ use of automated
2024 (180
2024 (180
equitable administration of
equitable administration of
or algorithmic systems in
or algorithmic systems in
days)
days)
benefits, including
benefits, including
distributing public benefits and
distributing public benefits and
assessments, disclosure, and
assessments, disclosure, and
services funded by the
services funded by the
monitoring of systems and
monitoring of systems and
department.
department.
processes to appeal denials.
processes to appeal denials.
Issue guidance to state, local,
Issue guidance to state, local,
USDA
USDA
April 27,
April 27,
7.2(b)(i )
7.2(b)(i )
The guidance should also
The guidance should also
tribal, and territorial public
tribal, and territorial public
2024 (180
2024 (180
address the use of automated
address the use of automated
benefits administrators on the
benefits administrators on the
days)
days)
or algorithmic systems in
or algorithmic systems in
use of automated or algorithmic
use of automated or algorithmic
providing customer support
providing customer support
systems in distributing benefits.
systems in distributing benefits.
for benefits programs funded
for benefits programs funded
by USDA. by USDA.
Publish guidance for federal
Publish guidance for federal
DOL
DOL
October
October
7.3(a)
7.3(a)
contractors on preventing bias
contractors on preventing bias
29, 2024
29, 2024
in AI systems used in hiring.
in AI systems used in hiring.
(365 days)
(365 days)
Issue guidance on AI use in
Issue guidance on AI use in
HUD
HUD
April 27,
April 27,
7.3(c)
7.3(c)
housing decisions.
housing decisions.
2024 (180
2024 (180
days) days)
Congressional Research Service
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link to page 22 link to page 15
link to page 22 link to page 15
Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Note: For a list of acronyms, please see th For a list of acronyms, please see th
e Appendix.
Section 7.1(a)(ii) encourages independent regulatory agencies to consider participating in DOJ’s
Section 7.1(a)(ii) encourages independent regulatory agencies to consider participating in DOJ’s
civil rights efforts. Additionally, Section 7.3(b) encourages the Federal Housing Finance Agency civil rights efforts. Additionally, Section 7.3(b) encourages the Federal Housing Finance Agency
(FHFA) and the Consumer Financial Protection Bureau (CFPB) to consider using their authorities (FHFA) and the Consumer Financial Protection Bureau (CFPB) to consider using their authorities
to govern industry use of AI in underwriting, valuation, and appraisal processes in housing to govern industry use of AI in underwriting, valuation, and appraisal processes in housing
markets. markets.
Consumer Protection
The E.O. instructs agencies to enforce existing technology-agnostic authorities in an effort to The E.O. instructs agencies to enforce existing technology-agnostic authorities in an effort to
minimize harms to consumers, and to identify needed authorities related to AI. Actions related to minimize harms to consumers, and to identify needed authorities related to AI. Actions related to
this policy area are prescribed in Section 8 of the E.O. There are nine requirements in this section this policy area are prescribed in Section 8 of the E.O. There are nine requirements in this section
involving five federal entities.involving five federal entities.
Table 5 lists these requirements. lists these requirements.
Table 5. Requirements and Deliverables in Section 8 on Consumer Protection
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Establish an HHS AI Task Force. HHS
Establish an HHS AI Task Force. HHS
January 28,
January 28,
8(b)(i)
8(b)(i)
Within a year of its creation,
Within a year of its creation,
(DOD, VA)
(DOD, VA)
2024 (90
2024 (90
the task force shall issue a
the task force shall issue a
days)
days)
plan for federal actions
plan for federal actions
regarding the responsible regarding the responsible
adoption of AI in the health adoption of AI in the health
and human services sector. and human services sector.
Develop a strategy to assess AI
Develop a strategy to assess AI
HHS
HHS
April 27,
April 27,
8(b)(i )
8(b)(i )
quality, including the
quality, including the
2024 (180
2024 (180
development of an AI assurance
development of an AI assurance
days)
days)
policy and infrastructure needs.
policy and infrastructure needs.
Consider actions to advance
Consider actions to advance
HHS
HHS
April 27,
April 27,
8(b)(i i)
8(b)(i i)
Actions may include providing
Actions may include providing
industry understanding of, and
industry understanding of, and
2024 (180
2024 (180
technical assistance about
technical assistance about
compliance with, federal
compliance with, federal
days)
days)
obligations under
obligations under
nondiscrimination laws as they
nondiscrimination laws as they
discrimination and privacy
discrimination and privacy
relate to AI for health and
relate to AI for health and
laws as related to AI use and
laws as related to AI use and
human service providers
human service providers
potential consequences of
potential consequences of
receiving federal funding.
receiving federal funding.
noncompliance, and issuing
noncompliance, and issuing
guidance in response to guidance in response to
complaints. complaints.
Establish an AI safety program
Establish an AI safety program
HHS
HHS
October
October
8(b)(iv)
8(b)(iv)
In partnership with Patient
In partnership with Patient
to monitor and improve AI
to monitor and improve AI
(DOD, VA)
(DOD, VA)
29, 2024
29, 2024
Safety Organizations.
Safety Organizations.
deployment in
deployment in
healthcarehealth care
(365 days)
(365 days)
through a common framework
through a common framework
to identify AI-associated clinical to identify AI-associated clinical
errors and guidelines to avoid errors and guidelines to avoid
such harms. such harms.
Develop a strategy for the use
Develop a strategy for the use
HHS
HHS
October
October
8(b)(v)
8(b)(v)
of AI and AI-enabled tools in
of AI and AI-enabled tools in
29, 2024
29, 2024
drug development.
drug development.
(365 days)
(365 days)
Congressional Research Service
Congressional Research Service
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12
link to page 22 link to page 17
link to page 22 link to page 17
Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Task the Nontraditional and
Task the Nontraditional and
DOT
DOT
November
November
8(c)(i)
8(c)(i)
DOT shall further direct the
DOT shall further direct the
Emerging Transportation
Emerging Transportation
29, 2023
29, 2023
NETT Council to support
NETT Council to support
Technology (NETT) Council to
Technology (NETT) Council to
(30 days)
(30 days)
transportation-related AI
transportation-related AI
assess the need for guidance
assess the need for guidance
pilot programs, assess
pilot programs, assess
regarding AI use in
regarding AI use in
outcomes to inform
outcomes to inform
transportation.
transportation.
regulatory actions, and
regulatory actions, and
establish a DOT Cross-Modal establish a DOT Cross-Modal
Executive Working Group. Executive Working Group.
Task DOT FACA committees
Task DOT FACA committees
DOT
DOT
January 28,
January 28,
8(c)(i )
8(c)(i )
to provide advice on safe and
to provide advice on safe and
2024 (90
2024 (90
responsible AI use in
responsible AI use in
days)
days)
transportation.
transportation.
Task the Advanced Research
Task the Advanced Research
DOT
DOT
April 27,
April 27,
8(c)(i i)
8(c)(i i)
Projects Agency–Infrastructure
Projects Agency–Infrastructure
2024 (180
2024 (180
(ARPA-I) to explore research
(ARPA-I) to explore research
days)
days)
and development projects for
and development projects for
AI use in transportation. AI use in transportation.
Develop resources, policies, and ED
Develop resources, policies, and ED
October
October
8(d)
8(d)
Shall include development of
Shall include development of
guidance for AI use in
guidance for AI use in
29, 2024
29, 2024
an AI toolkit for educators.
an AI toolkit for educators.
education.
education.
(365 days)
(365 days)
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Note: For a list of acronyms, please see th For a list of acronyms, please see th
e Appendix.
Additionally, Section 8(a) encourages independent regulatory agencies to consider using their
Additionally, Section 8(a) encourages independent regulatory agencies to consider using their
authorities to protect American consumers from fraud, discrimination, and threats to privacy and 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 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 to consider rulemaking, as well as emphasizing or clarifying where existing regulations and
guidance apply to AI. Section 8(e) encourages the Federal Communications Commission (FCC) guidance apply to AI. Section 8(e) encourages the Federal Communications Commission (FCC)
to consider actions related to how AI will affect communications networks and consumers, to consider actions related to how AI will affect communications networks and consumers,
including its potential for spectrum management, and encourages efforts to combat unwanted including its potential for spectrum management, and encourages efforts to combat unwanted
robocalls and robotexts. robocalls and robotexts.
Privacy
The E.O. calls for the evaluation and mitigation of privacy risks—potentially exacerbated by The E.O. calls for the evaluation and mitigation of privacy risks—potentially exacerbated by
AI—associated with the collection, use, and retention of Americans’ data. Actions related to this AI—associated with the collection, use, and retention of Americans’ data. Actions related to this
policy area are prescribed in Section 9 of the E.O. There are six requirements in this section policy area are prescribed in Section 9 of the E.O. There are six requirements in this section
involving nine federal entitiesinvolving nine federal entities
. Table 6 lists these requirements. lists these requirements.
Congressional Research Service
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link to page 22 link to page 18
link to page 22 link to page 18
Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Table 6. Requirements and Deliverables in Section 9 on Privacy
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Identify commercially available
Identify commercially available
OMB
OMB
No date
No date
9(a)(i)
9(a)(i)
Particular focus on personally
Particular focus on personally
information procured by
information procured by
assigned
assigned
identifiable information (PII).
identifiable information (PII).
agencies.
agencies.
National security purposes
National security purposes
are excluded. are excluded.
Evaluate agency standards and
Evaluate agency standards and
OMB
OMB
No date
No date
9(a)(i )
9(a)(i )
Evaluation to include looking
Evaluation to include looking
procedures associated with
procedures associated with
(FPC, ICSP)
(FPC, ICSP)
assigned
assigned
at col ection, processing,
at col ection, processing,
agency use of commercially
agency use of commercially
maintenance, use, sharing, and
maintenance, use, sharing, and
available information to inform
available information to inform
disposition of data that
disposition of data that
ways to mitigate privacy and
ways to mitigate privacy and
contains PII.
contains PII.
confidentiality risks.
confidentiality risks.
Solicit public comment on
Solicit public comment on
OMB
OMB
April 27,
April 27,
9(a)(i i)
9(a)(i i)
Take additional steps to act
Take additional steps to act
changes to federal guidance
changes to federal guidance
(DOJ, CEA,
(DOJ, CEA,
2024 (180
2024 (180
on feedback in implementing
on feedback in implementing
related to privacy and mitigating
related to privacy and mitigating
OSTP)
OSTP)
days)
days)
changes to federal guidance
changes to federal guidance
AI-related risks.
AI-related risks.
(Section 9(a)(iv)).
(Section 9(a)(iv)).
Create guidance for agencies to
Create guidance for agencies to
NIST
NIST
October
October
9(b)
9(b)
fol ow when they evaluate the
fol ow when they evaluate the
29, 2024
29, 2024
use of privacy-enhancing
use of privacy-enhancing
(365 days)
(365 days)
technologies.
technologies.
Fund the creation of a Research
Fund the creation of a Research
NSF
NSF
February
February
9(c)(i)
9(c)(i)
Particular focus on deploying
Particular focus on deploying
Coordination Network for
Coordination Network for
(DOE)
(DOE)
27, 2024
27, 2024
and scaling privacy-enhancing
and scaling privacy-enhancing
advancing privacy research.
advancing privacy research.
(120 days)
(120 days)
technologies.
technologies.
Work with agencies to identify
Work with agencies to identify
NSF
NSF
June 26,
June 26,
9(c)(i )
9(c)(i )
Prioritize use-inspired
Prioritize use-inspired
opportunities to incorporate
opportunities to incorporate
2024 (240
2024 (240
research, including through
research, including through
privacy-enhancing technologies
privacy-enhancing technologies
days)
days)
engagements with the
engagements with the
into their operations.
into their operations.
Research Coordination
Research Coordination
Network. Network.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Note: For a list of acronyms, please see th For a list of acronyms, please see th
e Appendix.
Federal Use of AI
The E.O. requires the Office of Management and Budget (OMB) to establish an interagency The E.O. requires the Office of Management and Budget (OMB) to establish an interagency
council to coordinate AI use by federal agencies and develop guidance on AI governance and risk council to coordinate AI use by federal agencies and develop guidance on AI governance and risk
management activities for agencies. The section acknowledges the ubiquity of generative AI management activities for agencies. The section acknowledges the ubiquity of generative AI
(GenAI) tools, and directs agencies to provide access with safeguards in place. This section calls (GenAI) tools, and directs agencies to provide access with safeguards in place. This section calls
for additional agency hiring and training activities to increase the AI workforce capacity across for additional agency hiring and training activities to increase the AI workforce capacity across
the federal governmentthe federal government
. Actions related to this policy area are prescribed in Section 10 of the E.O. Actions related to this policy area are prescribed in Section 10 of the E.O.
There are 29 requirements in this section involving 40 federal entitiesThere are 29 requirements in this section involving 40 federal entities
. Table 7 lists these lists these
requirements. requirements.
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Table 7. Requirements and Deliverables in Section 10 on Federal Use of AI
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Convene and chair an
Convene and chair an
OMB
OMB
December
December
10.1(a)
10.1(a)
OSTP is the vice chair of the
OSTP is the vice chair of the
interagency council on federal
interagency council on federal
29, 2023
29, 2023
council. CFO Act agencies
council. CFO Act agencies
use of AI.
use of AI.
(60 days)
(60 days)
(31 U.S.C. §902(b)) and DNI
(31 U.S.C. §902(b)) and DNI
are members. are members.
Issue guidance to agencies on AI
Issue guidance to agencies on AI
OMB & OSTP
OMB & OSTP
March 28,
March 28,
10.1(b)
10.1(b)
Guidance shall address
Guidance shall address
use.
use.
(Interagency
(Interagency
2024 (150
2024 (150
appropriate and effective
appropriate and effective
council members
council members
days, and
days, and
testing, use, and
testing, use, and
from 10(a))
from 10(a))
periodically
periodically
documentation of AI;
documentation of AI;
thereafter)
thereafter)
advancing innovation; and
advancing innovation; and
managing AI-related risks. managing AI-related risks.
Designate a Chief Artificial
Designate a Chief Artificial
CFO Act
CFO Act
May 27,
May 27,
10.1
10.1
This requirement shall be
This requirement shall be
Intelligence Officer.
Intelligence Officer.
Agencies
Agencies
2024 (60
2024 (60
(b)(i)
(b)(i)
part of OMB’s guidance from
part of OMB’s guidance from
days from
days from
10.1(b).
10.1(b).
guidance)
guidance)
Create Artificial Intelligence
Create Artificial Intelligence
CFO Act
CFO Act
May 27,
May 27,
10.1
10.1
Another mechanism may be
Another mechanism may be
Governance Boards within the
Governance Boards within the
Agencies
Agencies
2024 (60
2024 (60
(b)(i i)
(b)(i i)
substituted for this board.
substituted for this board.
agencies.
agencies.
days from
days from
This requirement shall be
This requirement shall be
guidance)
guidance)
part of OMB’s guidance from
part of OMB’s guidance from
10.1(b). 10.1(b).
Specify minimum risk
Specify minimum risk
OMB
OMB
No date
No date
10.1
10.1
management practices for
management practices for
specified
specified
(b)(iv)
(b)(iv)
government use of AI that impact
government use of AI that impact
people’s rights or safety. people’s rights or safety.
Develop AI strategies and pursue
Develop AI strategies and pursue
CFO Act
CFO Act
No date
No date
10.1(b)(v
10.1(b)(v
This requirement shall be
This requirement shall be
high-impact AI use cases.
high-impact AI use cases.
Agencies
Agencies
specified
specified
ii)
ii)
part of OMB’s guidance from
part of OMB’s guidance from
10.1(b). 10.1(b).
Establish a system to track
Establish a system to track
OMB
OMB
May 27,
May 27,
10.1(c)
10.1(c)
agency AI progress.
agency AI progress.
2024 (60
2024 (60
days from days from
OMB OMB
guidance guidance
and and
periodically periodically
thereafter) thereafter)
Develop guidelines, tools, and
Develop guidelines, tools, and
NIST
NIST
June 26,
June 26,
10.1
10.1
practices to support
practices to support
(OMB, OSTP)
(OMB, OSTP)
2024 (90
2024 (90
(d)(i)
(d)(i)
implementation of the minimum
implementation of the minimum
days from
days from
risk-management practices
risk-management practices
OMB
OMB
described in the OMB guidance.
described in the OMB guidance.
guidance)
guidance)
Develop means to ensure that
Develop means to ensure that
OMB
OMB
September
September
10.1
10.1
The means should also
The means should also
agency contracts for AI system
agency contracts for AI system
24, 2024
24, 2024
(d)(i )
(d)(i )
advance aims from the
advance aims from the
and services procurement align
and services procurement align
(180 days
(180 days
Advancing American AI Act
Advancing American AI Act
with OMB guidance.
with OMB guidance.
from OMB
from OMB
(P.L. 117-263, Div. G, Title
(P.L. 117-263, Div. G, Title
guidance)
guidance)
LXXII, Subtitle B,
LXXII, Subtitle B,
§7224(d)(1)). §7224(d)(1)).
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Issue instructions to agencies for
Issue instructions to agencies for
OMB
OMB
No date
No date
10.1(e)
10.1(e)
Pursuant to the Advancing
Pursuant to the Advancing
the col ection, reporting, and
the col ection, reporting, and
specified
specified
American AI Act (P.L. 117-
American AI Act (P.L. 117-
publication of agency AI use
publication of agency AI use
263, §7225(a)). These
263, §7225(a)). These
cases.
cases.
instructions shall include, as
instructions shall include, as
appropriate, an expansion of appropriate, an expansion of
agencies’ reporting on how agencies’ reporting on how
they are managing risks from they are managing risks from
AI uses. AI uses.
Develop a framework to
Develop a framework to
GSA & OMB
GSA & OMB
January 28,
January 28,
10.1
10.1
The framework shall initially
The framework shall initially
incorporate AI in FedRAMP.
incorporate AI in FedRAMP.
(Federal Secure
(Federal Secure
2024 (90
2024 (90
(f)(i )
(f)(i )
prioritize generative AI
prioritize generative AI
Cloud Advisory
Cloud Advisory
days)
days)
technologies.
technologies.
Committee)
Committee)
Develop guidance for federal
Develop guidance for federal
OPM & OMB
OPM & OMB
April 27,
April 27,
10.1
10.1
employee use of generative AI.
employee use of generative AI.
2024 (180
2024 (180
(f)(i i)
(f)(i i)
days)
days)
Consider prioritizing funding for
Consider prioritizing funding for
Technology
Technology
November
November
10.1(g)
10.1(g)
This board administers the
This board administers the
projects related to AI.
projects related to AI.
Modernization
Modernization
29, 2023
29, 2023
Technology Modernization
Technology Modernization
Board
Board
(30 days)
(30 days)
Fund within GSA.
Fund within GSA.
Facilitate access to AI vendors
Facilitate access to AI vendors
GSA & OMB
GSA & OMB
April 27,
April 27,
10.1(h)
10.1(h)
Specified types of AI
Specified types of AI
through government-wide
through government-wide
(DOD, DHS,
(DOD, DHS,
2024 (180
2024 (180
capabilities shall include
capabilities shall include
acquisition vehicles or tools.
acquisition vehicles or tools.
DNI, NASA)
DNI, NASA)
days)
days)
generative AI and specialized
generative AI and specialized
computing infrastructure. computing infrastructure.
Excludes AI components of Excludes AI components of
national security systems. national security systems.
Plan to surge AI talent in the
Plan to surge AI talent in the
OSTP & OMB
OSTP & OMB
December
December
10.2(a)
10.2(a)
Shall include identifying
Shall include identifying
federal government.
federal government.
(APNSA, APEA,
(APNSA, APEA,
14, 2023
14, 2023
priority mission areas and
priority mission areas and
APDP, DGPC)
APDP, DGPC)
(45 days)
(45 days)
types of AI talent to
types of AI talent to
implement this E.O. implement this E.O.
Create and convene an AI and
Create and convene an AI and
DCOSP, OSTP,
DCOSP, OSTP,
December
December
10.2(b)
10.2(b)
The task force is to
The task force is to
Technology Talent Task Force.
Technology Talent Task Force.
OMB
OMB
14, 2023
14, 2023
accelerate and track the
accelerate and track the
(NCD)
(NCD)
(45 days)
(45 days)
hiring of AI talent in the
hiring of AI talent in the
federal government. federal government.
Track, report progress on, and
Track, report progress on, and
AI and
AI and
April 27,
April 27,
10.2
10.2
Recommendations are to the
Recommendations are to the
make recommendations on
make recommendations on
Technology
Technology
2024 (180
2024 (180
(b)(i)
(b)(i)
President. The task force shall
President. The task force shall
increasing AI capacity across the
increasing AI capacity across the
Talent Task
Talent Task
days)
days)
also convene a cross-agency
also convene a cross-agency
federal government.
federal government.
Force
Force
forum for AI professionals to
forum for AI professionals to
share best practices and share best practices and
improve retention. improve retention.
Develop and implement plans to
Develop and implement plans to
USDS,
USDS,
December
December
10.2(c)
10.2(c)
support the rapid recruitment of
support the rapid recruitment of
Presidential
Presidential
14, 2023
14, 2023
AI talent in the federal
AI talent in the federal
Innovation
Innovation
(45 days)
(45 days)
government.
government.
Fellowship,
Fellowship,
USDC, OPM, USDC, OPM,
Agencies Agencies
Conduct a review of hiring
Conduct a review of hiring
OPM
OPM
December
December
10.2
10.2
Shall include direct-hire
Shall include direct-hire
authorities and workplace
authorities and workplace
(OMB)
(OMB)
29, 2023
29, 2023
(d)(i)
(d)(i)
authorities.
authorities.
flexibilities needed to recruit AI
flexibilities needed to recruit AI
(60 days)
(60 days)
talent.
talent.
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Consider the use of the excepted OPM
Consider the use of the excepted OPM
December
December
10.2
10.2
service appointments to recruit
service appointments to recruit
(OMB)
(OMB)
29, 2023
29, 2023
(d)(i )
(d)(i )
AI talent.
AI talent.
(60 days)
(60 days)
Coordinate a pooled-hiring
Coordinate a pooled-hiring
OPM
OPM
January 28,
January 28,
10.2
10.2
action to support AI talent
action to support AI talent
(OMB)
(OMB)
2024 (90
2024 (90
(d)(i i)
(d)(i i)
recruitment.
recruitment.
days)
days)
Issue guidance to agencies on
Issue guidance to agencies on
OPM
OPM
February
February
10.2
10.2
using existing pay flexibilities or
using existing pay flexibilities or
(OMB)
(OMB)
27, 2024
27, 2024
(d)(iv)
(d)(iv)
incentive pay programs for AI,
incentive pay programs for AI,
(120 days)
(120 days)
AI-enabling, and key technical
AI-enabling, and key technical
positions. positions.
Issue guidance to agencies on
Issue guidance to agencies on
OPM
OPM
April 27,
April 27,
10.2
10.2
increasing the employment of AI,
increasing the employment of AI,
(OMB)
(OMB)
2024 (180
2024 (180
(d)(v)
(d)(v)
data, and technology talent from
data, and technology talent from
days)
days)
nontraditional academic
nontraditional academic
backgrounds. backgrounds.
Establish an interagency working
Establish an interagency working
OPM
OPM
April 27,
April 27,
10.2
10.2
group composed of experts in
group composed of experts in
(OMB)
(OMB)
2024 (180
2024 (180
(d)(vi)
(d)(vi)
human resources and AI to
human resources and AI to
days)
days)
inform hiring practices.
inform hiring practices.
Review the qualifications for the
Review the qualifications for the
OPM
OPM
April 27,
April 27,
10.2
10.2
Senior Executive Service to
Senior Executive Service to
(OMB)
(OMB)
2024 (180
2024 (180
(d)(vii)
(d)(vii)
account for AI expertise.
account for AI expertise.
days)
days)
Review the job description for
Review the job description for
OPM
OPM
April 27,
April 27,
10.2
10.2
civil engineers (and other
civil engineers (and other
(OMB)
(OMB)
2024 (180
2024 (180
(d)(vii )
(d)(vii )
positions) to account for, and
positions) to account for, and
days)
days)
ensure adequate, AI expertise.
ensure adequate, AI expertise.
Develop a position description
Develop a position description
CDOC
CDOC
No date
No date
10.2(f)
10.2(f)
library for data scientist jobs and
library for data scientist jobs and
prescribed
prescribed
a hiring guide for agencies.
a hiring guide for agencies.
Implement and/or increase the
Implement and/or increase the
Agencies
Agencies
No date
No date
10.2(g)
10.2(g)
Agencies should ensure
Agencies should ensure
use of AI training programs
use of AI training programs
prescribed
prescribed
employees in nontechnical
employees in nontechnical
among employees.
among employees.
roles are also eligible for AI
roles are also eligible for AI
training programs. training programs.
Report on the AI talent gap in
Report on the AI talent gap in
DOD
DOD
April 27,
April 27,
10.2(h)
10.2(h)
Report is to the APNSA and
Report is to the APNSA and
national defense, with a focus on
national defense, with a focus on
2024 (180
2024 (180
President.
President.
hiring and retaining certain
hiring and retaining certain
days)
days)
noncitizens.
noncitizens.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Note: For a list of acronyms, please see th For a list of acronyms, please see th
e Appendix.
International Leadership
The E.O. declares that the United States should be a global leader in AI development and The E.O. declares that the United States should be a global leader in AI development and
adoption by engaging with international allies and partners, leading efforts to develop common AI adoption by engaging with international allies and partners, leading efforts to develop common AI
regulatory and accountability principles, and advancing responsible global technical standards for regulatory and accountability principles, and advancing responsible global technical standards for
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
AI. Actions related to this policy area are prescribed in Section 11 of the E.O. There are six
AI. Actions related to this policy area are prescribed in Section 11 of the E.O. There are six
requirements involving seven federal agencierequirements involving seven federal agencie
s. Table 8 lists these requirements. lists these requirements.
Table 8. Requirements and Deliverables in Section 11 on International Leadership
Ascending by Section Citation
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Establish a global engagement plan
Establish a global engagement plan
DOC
DOC
July 26,
July 26,
11(b)(i)
11(b)(i)
May include efforts on AI
May include efforts on AI
for promoting and developing AI
for promoting and developing AI
2024 (270
2024 (270
terminology, data and privacy
terminology, data and privacy
standards.
standards.
days)
days)
best practices, verification and
best practices, verification and
assurance of AI systems, and assurance of AI systems, and
AI risk management. AI risk management.
Report to the President on
Report to the President on
DOC
DOC
January 22,
January 22,
Ensure that such efforts are
Ensure that such efforts are
priority actions taken pursuant to
priority actions taken pursuant to
2025 (180
2025 (180
guided by the NIST AI RMF
guided by the NIST AI RMF
the plan in 11(b)(i).
the plan in 11(b)(i).
days after
days after
and USG NSS for Critical and
and USG NSS for Critical and
the plan in
the plan in
Emerging Technology.
Emerging Technology.
11(b)(i))
11(b)(i))
Publish an AI in Global
Publish an AI in Global
DOS & USAID
DOS & USAID
October
October
11(c)(i)
11(c)(i)
Development Playbook.
Development Playbook.
(NIST)
(NIST)
29, 2024
29, 2024
(365 days) (365 days)
Develop a Global AI Research
Develop a Global AI Research
DOS & USAID
DOS & USAID
No date
No date
11(c)(i )
11(c)(i )
Shall include consideration of
Shall include consideration of
Agenda.
Agenda.
(DOE, NSF)
(DOE, NSF)
prescribed.
prescribed.
AI’s potential labor market
AI’s potential labor market
implications. implications.
Plan for multilateral engagements
Plan for multilateral engagements
DHS
DHS
July 26,
July 26,
11(d)(i)
11(d)(i)
on encouraging the adoption of AI
on encouraging the adoption of AI
(DOS)
(DOS)
2024 (270
2024 (270
safety and security guidelines
safety and security guidelines
days)
days)
among global and cross-border CI
among global and cross-border CI
owners and operators. owners and operators.
Report on priority actions to
Report on priority actions to
DHS
DHS
January 22,
January 22,
11(d)(i )
11(d)(i )
The report is to the President.
The report is to the President.
mitigate cross-border risks to U.S.
mitigate cross-border risks to U.S.
(DOS)
(DOS)
2025 (180
2025 (180
critical infrastructure.
critical infrastructure.
days of
days of
establishing establishing
the plan in the plan in
11(d)(i)) 11(d)(i))
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Trustworthy Development and Use of Artificial Intelligence,” 88
Federal Register 75191, November 1, 2023, at 75191, November 1, 2023, at
https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-https://www.federalregister.gov/documents/2023/11/01/2023-24283/safe-secure-and-trustworthy-development-
and-use-of-artificial-intelligence. and-use-of-artificial-intelligence.
Note: For a list of acronyms, please see th For a list of acronyms, please see th
e Appendix.
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Appendix. Abbreviations
Abbreviations used in this report are listed below, alphabetically. Abbreviations used in this report are listed below, alphabetically.
AI
AI
Artificial Intelligence
Artificial Intelligence
AI RMF
AI RMF
NIST’s AI Risk Management Framework
NIST’s AI Risk Management Framework
AIM-HEAD
AIM-HEAD
National Institutes of Health Artificial Intelligence/Machine Learning National Institutes of Health Artificial Intelligence/Machine Learning
Consortium to Advance Consortium to Advance
Health Equity and Researcher Diversity Health Equity and Researcher Diversity
APDP
APDP
Assistant to the President for Domestic Policy
Assistant to the President for Domestic Policy
APEA
APEA
Assistant to the President for Economic Affairs
Assistant to the President for Economic Affairs
APNSA
APNSA
Assistant to the President for National Security Affairs (a.k.a. the
Assistant to the President for National Security Affairs (a.k.a. the
National Security Advisor) National Security Advisor)
CBRN
CBRN
Chemical, Biological, Radiological, and Nuclear
Chemical, Biological, Radiological, and Nuclear
CDOC
CDOC
Chief Data Office Council
Chief Data Office Council
CEA
CEA
Council of Economic Advisors
Council of Economic Advisors
CEQ
CEQ
Council on Environmental Quality
Council on Environmental Quality
CFO
CFO
Chief Financial Officer
Chief Financial Officer
C.F.R.
C.F.R.
Code of Federal Regulations
Code of Federal Regulations
CI
CI
Critical Infrastructure
Critical Infrastructure
CISA
CISA
Cybersecurity and Infrastructure Security Agency
Cybersecurity and Infrastructure Security Agency
CSP
CSP
Cloud Service Provider
Cloud Service Provider
DCOSP
DCOSP
The President’s Deputy Chief of Staff for Policy
The President’s Deputy Chief of Staff for Policy
DGPC
DGPC
Assistant to the President and Director of the Gender Policy Council
Assistant to the President and Director of the Gender Policy Council
DHS
DHS
Department of Homeland Security
Department of Homeland Security
DNI
DNI
Director of National Intelligence (Office of the)
Director of National Intelligence (Office of the)
DOC
DOC
Department of Commerce
Department of Commerce
DOD
DOD
Department of Defense
Department of Defense
DOE
DOE
Department of Energy
Department of Energy
DOJ
DOJ
Department of Justice
Department of Justice
DOL
DOL
Department of Labor
Department of Labor
DOS
DOS
Department of State
Department of State
DOT
DOT
Department of Transportation
Department of Transportation
DPA
DPA
Defense Production Act
Defense Production Act
ED
ED
Department of Education
Department of Education
E.O.
E.O.
Executive Order
Executive Order
FACA
FACA
Federal Advisory Committee Act
Federal Advisory Committee Act
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FARC
FARC
Federal Acquisition Regulatory Council
Federal Acquisition Regulatory Council
FedRAMP FedRAMP
Federal Risk and Authorization Management Program
Federal Risk and Authorization Management Program
FERC
FERC
Federal Energy Regulatory Commission
Federal Energy Regulatory Commission
FPC FPC
Federal Privacy Council
Federal Privacy Council
GSA
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
GSA
General Services Administration
General Services Administration
HHS
HHS
Department of Health and Human Services
Department of Health and Human Services
HUD
HUD
Department of Housing and Urban Development
Department of Housing and Urban Development
ISCP
ISCP
Interagency Council on Statistical Policy
Interagency Council on Statistical Policy
IRA
IRA
Independent Regulatory Agencies
Independent Regulatory Agencies
IP
IP
Intellectual Property
Intellectual Property
IT
IT
Information Technology
Information Technology
LE
LE
Law Enforcement
Law Enforcement
NASA
NASA
National Aeronautics and Space Administration
National Aeronautics and Space Administration
NCD
NCD
National Cyber Director
National Cyber Director
NIFA
NIFA
National Institute of Food and Agriculture
National Institute of Food and Agriculture
NIST
NIST
National Institute of Standards and Technology
National Institute of Standards and Technology
NSF
NSF
National Science Foundation
National Science Foundation
NTIA
NTIA
National Telecommunications and Information Administration
National Telecommunications and Information Administration
OMB
OMB
Office of Management and Budget
Office of Management and Budget
OPPRP
OPPRP
Office of Pandemic Preparedness and Response Policy in the White House
Office of Pandemic Preparedness and Response Policy in the White House
OPM
OPM
Office of Personnel Management
Office of Personnel Management
OSTP
OSTP
Office of Science and Technology Policy
Office of Science and Technology Policy
PCAST
PCAST
President’s Council of Advisors on Science and Technology
President’s Council of Advisors on Science and Technology
PII
PII
Personally Identifiable Information
Personally Identifiable Information
P.L.
P.L.
Public Law
Public Law
RMF
RMF
Risk Management Framework
Risk Management Framework
SRMA
SRMA
Sector Risk Management Agency
Sector Risk Management Agency
STEM
STEM
Science, Technology, Engineering, and Math
Science, Technology, Engineering, and Math
Treasury
Treasury
Department of the Treasury
Department of the Treasury
USAID
USAID
United States Agency for International Development
United States Agency for International Development
U.S.C.
U.S.C.
United States Code
United States Code
USDA
USDA
Department of Agriculture
Department of Agriculture
USDC
USDC
United States Digital Corps
United States Digital Corps
USDS
USDS
United States Digital Service
United States Digital Service
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
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Congressional Research Service
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress
Author Information
Laurie Laurie
A. Harris Harris
Chris Jaikaran
Chris Jaikaran
Analyst in Science and Technology Policy
Analyst in Science and Technology Policy
Specialist in Cybersecurity Policy
Specialist in Cybersecurity Policy
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This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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Congressional Research Service
Congressional Research Service
R47843
R47843
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