Highlights of the 2023 Executive Order on Artificial Intelligence for Congress

November 17, 2023 – April 3, 2024 R47843

Highlights of the 2023 Executive Order on
April 3, 2024
Artificial Intelligence for Congress
Laurie Harris
On October 30, 2023, the Biden Administration released Executive Order (E.O.) 14110 on Safe,
Analyst in Science and
Secure, and Trustworthy Development and Use of Artificial Intelligence. It establishes a
Technology Policy
government-wide effort to guide responsible artificial intelligence (AI) development and

deployment through federal agency leadership, regulation of industry, and engagement with
Chris Jaikaran
international partners.
Specialist in Cybersecurity
Policy
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.

• Safety and security. The E.O. promotes the development and implementation of
repeatable processes and mechanisms to understand and mitigate risks related to AI adoption, including
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
novel intellectual property (IP) questions, protect inventors and creators, and promote AI innovation,
including at startups and small businesses.
• Worker support. 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.
• Consideration of AI bias and civil rights. 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
considerations for use of AI in the criminal justice system and the administration of federal government
programs and benefits.
• Consumer protection. 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.
• Privacy. 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.
• Federal use of AI. 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 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
agency 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
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
for AI.
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Introduction and Overview
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
government-wide effort to guide responsible artificial intelligence (AI) development and
deployment through federal agency leadership, regulation of industry, and engagement with
international partners. The E.O. states its purpose as follows.
Artificial Intelligence (AI) holds extraordinary potential for both promise and peril.
Responsible AI use has the potential to help solve urgent challenges while making our
world more prosperous, productive, innovative, and secure. At the same time, irresponsible
use could exacerbate societal harms such as fraud, discrimination, bias, and disinformation;
displace and disempower workers; stifle competition; and pose risks to national security.
Harnessing AI for good and realizing its myriad benefits requires mitigating its substantial
risks. This endeavor demands a society-wide effort that includes government, the private
sector, academia, and civil society.
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) Blueprint for an AI Bill
of Rights and the National Institute of Standards and Technology’s (NIST) AI Risk Management
Framework (AI RMF).2
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
E.O.
The E.O. describes eight overarching policy areas:
1. Safety and security;
2. Innovation and competition;
3. Worker support;
4. Consideration of AI bias and civil rights;
5. Consumer protection;
6. Privacy;
7. Federal use of AI; and
8. International leadership.
These areas and the actions listed within are further described in the section “Requirements and
Deliverables,” below.
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-
263), OMB released a memorandum on Advancing Governance, Innovation, and Risk

1 Executive Office of the President, “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,”
88 Federal Register 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.
2 White House, Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People, October
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, Artificial Intelligence Risk Management Framework (NIST AI 100-1),
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
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.”4
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
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:
1. Department of State;
2. Department of the Treasury;
3. Department of Defense;
4. Department of Justice;
5. Department of Agriculture;
6. Department of Commerce;
7. Department of Labor;
8. Department of Health and Human Services;
9. Department of Housing and Urban Development;
10. Department of Transportation;
11. Department of Energy;
12. Department of Education;
13. Department of Veterans Affairs;
14. Department of Homeland Security;
15. Small Business Administration;
16. United States Agency for International Development;
17. Office of the Director of National Intelligence;
18. National Science Foundation;
19. Office of Management and Budget;
20. Office of Science and Technology Policy; as well as the
21. National Security Advisor;
22. Director of the Council of Economic Advisors;
23. Domestic Policy Advisor;
24. Chief of Staff to the Vice President;
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
Artificial Intelligence,” M-24-10, March 28, 2024, https://www.whitehouse.gov/wp-content/uploads/2024/03/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 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
Artificial Intelligence,” M-24-10, March 28, 2024, https://www.whitehouse.gov/wp-content/uploads/2024/03/M-24-10-
Advancing-Governance-Innovation-and-Risk-Management-for-Agency-Use-of-Artificial-Intelligence.pdf.
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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.
Requirements and Deliverables
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
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
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
described below each table. Abbreviations used in the tables can be found in the Appendix.
Safety and Security
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,
cybersecurity, national security, and critical infrastructure risk. Actions related to this policy area
are prescribed in Section 4 of the E.O. There are 27 requirements involving over 30 federal
entities in this section. Table 1 lists these requirements.
Table 1. Requirements and Deliverables in Section 4 on Safety and Security
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Develop guidelines and best
NIST
July 26,
4.1(a)
Includes development of
practices—with the aim of
(DOE, DHS,
2024 (270
companion resources to the AI
promoting consensus industry
DOC, NSF)
days)
Risk Management Framework
standards—and testing
(for GenAI) and Secure
environments, for developing and
Software Development
deploying safe, secure, and
Framework (for GenAI and
trustworthy AI safety and security.
dual-use foundational models),
and launching an initiative to
create guidance and
benchmarks for AI audits.
Develop and implement a plan to
DOE
July 26,
4.1(b)
Efforts shall use existing
develop AI model evaluation tools
(SRMAs)
2024 (270
solutions where possible and,
and testbeds, in order to
days)
at a minimum, include
understand and mitigate AI
development of tools to
security risks.
evaluate security threats and
hazards.
Require (1) companies developing,
DOC
January 28,
4.2(a)
This requirement uses Defense
or intending to develop, dual-use
2024 (90
Production Act (DPA, 50
AI models to report to the
days)
U.S.C. §§4501-4568)
government on model training,
authorities to require
testing, and data ownership; and
responses.
(2) entities that acquire, develop,
or possess potential large
computing infrastructure to report
to the government on the location
and amount of computing power.
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Define the set of technical
DOC
January 28,
4.2(b)
The minimum computational
conditions used to determine
(DOS, DOD,
2024 (90
threshold that would trigger a
which models and computing
DOE, DNI)
days)
reporting requirement for
infrastructure are subject to the
companies currently exceeds
reporting in 4.2(a).
most models in use.a
Propose regulations for Cloud
DOC
January 28,
4.2(c)
This requirement fol ows E.O.
Service Providers (CSPs) to report
2024 (90
13984, which proposed a
when foreign persons use U.S.
days)
know-your-customer regime
infrastructure to train AI systems.
for CSPs.
Extend regulation from Section
DOC
April 27,
4.2(d)
Also prescribes minimum
4.2(c) to foreign resel ers of CSP
2024 (180
reporting information.
products used for AI.
days)
Evaluate and assess potential risks
SRMAs
January 28,
4.3(a)(i)
The report shall be made to
related to critical infrastructure
(CISA)
2024 (90
DHS.
adoption and use of AI and
days) and
consider ways to mitigate
annually
vulnerabilities.
thereafter
Issue best practices for financial
Treasury
March 28,
4.3(a)(i )
The report shall be public.
institutions to manage AI-specific
2024 (150
cybersecurity risks.
days)
Incorporate the AI Risk
DHS
April 27,
4.3(a)(i i)
Management Framework, and other
(DOC, SRMAs, 2024 (180
appropriate security guidance, into
IRAs)
days)
safety and security guidelines used
by CI owners and operators.
Take steps to mandate adoption of APNSA &
December
4.3(a)(iv) IRAs shall consider adopting
the guidelines from Section
OMB
23, 2024
regulatory action.
4.3(a)(i i).
(DHS)
(240 days
from
guidelines)
Establish an Artificial Intelligence
DHS
No date
4.3(a)(v)
In accordance with 6 U.S.C.
Safety and Security Board.
assigned
§451 on advisory committees.
Plan for and conduct a pilot to use
DOD & DHS
April 27,
4.3(b)(i )
DOD shall carry out a pilot for
AI models to discover and
2024 (180
national security systems; DHS
remediate vulnerabilities in federal
days)
shall carry out a pilot for non-
IT systems.
national security systems.
Report (from each agency) on
DOD & DHS
July 26,
4.3(b)(i i) The reports are to the
results of the pilot projects
2024 (270
APNSA.
(Section 4.3(b)(i )), vulnerabilities
days)
AI systems discovered, and how
those vulnerabilities were
mitigated.
Evaluate potential for AI to be
DHS
April 27,
4.4(a)(i)
Report shall be made to the
used to develop, produce, or
(DOE, OSTP)
2024 (180
President, including
counter chemical, biological,
days)
recommendations for
radiological, and nuclear (CBRN)
regulating or overseeing such
threats.
AI models.
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Highlights of the 2023 Executive Order on Artificial Intelligence for Congress

Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Study and report on the use of AI
DOD
February
4.4(a)(i )
DOD shall contract with the
in biology and the potential to
(APNSA,
27, 2024
National Academies of
increase biosecurity and national
OSTP)
(120 days)
Sciences, Engineering, and
security risks, and make
Medicine for the study.
recommendations to mitigate such
risks.
Develop a framework for
OSTP
April 27,
4.4(b)(i)
The stated goal is to reduce
providers of synthetic nucleic acids (DOS, DOD,
2024 (180
the misuse of synthetic genetic
(companies that manipulate certain DOJ, DOC,
days)
material, which might be
biologic genetic material) to
HHS, DOE,
substantially increased by AI’s
encourage such providers to
DHS, DNI)
capabilities, and improve
implement procurement screening
biosecurity measures for the
mechanisms, including standards
industry.
and incentives.
Develop procurement screening
NIST & OSTP
April 27,
4.4(b)(i )

specifications and guides, and best
(DOS, HHS)
2024 (180
practices for sequence-of-concern
days)
database management and
conformity-assessment, for use by
nucleic acid sequence providers.
Establish requirements that life
Al agencies
October
4.4(b)(i i) The APNSA and OSTP shall
science researchers receiving
that fund life
24, 2024
review funding requirements
federal funding must procure
sciences
(180 days
for consistency.
synthetic nucleic acids from
research
from the
manufacturers adhering to the
framework
framework in Section 4.4(b)(i).
in 4.4(b)(i))
Develop a framework to conduct
DHS
October
4.4(b)(iv) Submit an annual report,
structured evaluation and stress
24, 2024
including recommendations, to
testing of the nucleic acid
(180 days
the APNSA, OPPRP, and
procurement screening systems.
from the
OSTP.
framework
in 4.4(b)(i))
Identify existing and potential
DOC
June 26,
4.5(a)
Report to APNSA and OMB.
standards, tools, and methods for
2024 (240
The report shall also consider
authenticating, tracking
days)
(1) preventing GenAI from
provenance of, labeling, and
producing child sexual abuse
detecting AI-generated content.
material, (2) testing software
which can be used as a tool,
and (3) auditing synthetic
content.
Develop guidance for adopting the
DOC
December
4.5(b)
Shall be updated periodically
tools and practices for digital
(OMB)
23, 2024
after development.
content authentication and
(180 days
synthetic content detection
from
measures identified in the report
report)
in 4.5(a).
Issue guidance to agencies for
OMB
June 21,
4.5(c)

labeling and authenticating digital
(DOS, DOD,
2025 (180
and synthetic content the federal
DOJ, NIST,
days from
government uses.
DHS, DNI)
guidance in
section
4.5(b))
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Consider amending the Federal
FARC
No date
4.5(d)

Acquisition Regulation to account
assigned
for guidance established under
section 4.5.
Solicit expert input and report on
NTIA
July 26,
4.6
Report is to be submitted to
the risks, benefits, and policy and
(DOS)
2024 (270
the President.
regulatory mechanisms on dual-
days)
use foundation AI models with
widely available model weights.
Develop guidelines for performing
CDOC
July 26,
4.7(a)

security reviews before releasing
(DOD, DOC,
2024 (270
federal information that could be
DOE, DHS,
days)
used to develop CBRN weapons
DNI)
or offensive cyber capabilities.
Conduct security reviews using
Agencies
January 22,
4.7(b)

guidelines from Section 4.7(a) and
2025 (180
take steps to address the highest-
days from
priority potential security risks.
guidelines)
Develop an accompanying
APNSA &
July 26,
4.8
Memorandum shall use an
National Security Memorandum
DCOSP
2024 (270
interagency development
on AI.
days)
process.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Notes: 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.
(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
Emerging Risks to Public Safety,” arXiv (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,”
Stanford University Institute for Human-Centered AI, November 2, 2023, at https://hai.stanford.edu/news/
decoding-white-house-ai-executive-orders-achievements.
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.
Innovation and Competition
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
startups and small businesses. 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 section. Table 2 lists these
requirements.
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Table 2. Requirements and Deliverables in Section 5 on Innovation and Competition
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Streamline processes for visas for DOS & DHS
January 28, 5.1(a)
Also applies to other critical
foreigners seeking to come to
2024 (90
and emerging technologies, as
the United States for AI
days)
identified in the White House
education or work.
Critical and Emerging
Technologies List.a
Consider (1) rulemaking to
DOS
February
5.1(b)

establish new criteria for
27, 2024
designating countries and critical
(120 days)
skil s for visas, and (2)
implementing a visa renewal
program to help highly skil ed AI
talent continue to work in the
United States.
Consider rulemaking to expand
DOS
April 27,
5.1(c)

nonimmigrant eligibility for the
2024 (180
domestic visa renewal program,
days)
and establish a program to
identify and attract top AI talent
from overseas.
Review and initiate policy
DHS
April 27,
5.1(d)

changes related to immigration
2024 (180
pathways for AI experts, and
days)
consider rulemaking to enhance
visa modernization processes and
permanent resident pathways.
Solicit public input to identify AI
DOL
December
5.1(e)
Refers to Schedule A of 20
and STEM-related occupations
14, 2023
C.F.R. §656.5.
for which there is an inadequate
(45 days)
number of U.S. workers, so to
update the “Schedule A” list.
Develop and publish resources to DHS
February
5.1(g)
Also includes a requirement to
help attract and retain AI experts
(DOS, DOC,
27, 2024
publish a public report with
from other countries, and help
OSTP)
(120 days)
data on how AI experts have
them understand their options
utilized the immigration system
for working in the United States.
through the end of FY2023.
Launch a pilot program
NSF
January 28, 5.2(a)(i)
By December 14 (45 days)
implementing the National AI
2024 (90
agencies are to identify
Research Resource (NAIRR),
days)
resources that could be
consistent with previous
integrated into this pilot.
recommendations.b
Fund and launch at least one NSF
NSF
March 28,
5.2(a)(i )

Regional Innovation Engine that
2024 (150
prioritizes AI-related work.
days)
Establish at least four new
NSF
April 22,
5.2(a)(i i)
25 are currently funded; NSF
National AI Research Institutes.
2025 (540
funds 20 of those, and USDA
days)
NIFA funds 5.c
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Establish a pilot program to
DOE & NSF
February
5.2(b)
The E.O.’s goal is to reach 500
enhance existing training
27, 2024
new AI researchers by 2025.
programs for scientists.
(120 days)
Publish guidance to USPTO
USPTO
February
5.2(c)(i)

patent examiners and applicants
27, 2024
on use of AI in the inventive
(120 days)
process.
Issue additional guidance to
USPTO
July 26,
5.2(c)(i )
Could include updated
USPTO patent examiners and
2024 (270
guidance on patent eligibility to
applicants to address other
days)
address innovation in AI and
considerations at the intersection
critical and emerging
of AI and IP.
technologies.
Recommend further executive
USPTO
July 26,
5.2(c)(i i)
Could also be 180 days after
actions on copyright and AI.
2024 (270
the U.S. Copyright Office
days)
publishes a study on AI in
copyright issues pursuant to 37
C.F.R. Part 202.
Develop a training, analysis, and
DHS
April 27,
5.2(d)
This includes devoting
evaluation program to mitigate
(DOJ)
2024 (180
personnel, developing guidance
AI-related IP risks.
days)
for the private sector, and
sharing information.
Identify and prioritize funding
HHS
No date
5.2(e)
Includes col aborating with the
awards—and undertake related
assigned
private sector to support
efforts—to support responsible
personalized medicine,
AI development.
prioritizing awards to improve
health care data quality, and
accelerating AIM-AHEAD
program awards.
Host two three-month long AI
VA
October
5.2(f)
VA is also to provide access to
Tech Sprint competitions.
29, 2024
technical assistance,
(365 days)
mentorship opportunities,
expert feedback, and potential
contract opportunities to
competitors.
Issue a public report describing
DOE
April 27,
5.2(g)(i)
The overarching goals of the
how AI could improve electric
(FERC, OSTP,
2024 (180
requirements under Section
grid infrastructure.
CEQ, APNCA)
days)
5.2(g) are to strengthen U.S.
resilience against climate
change impacts.
Develop tools to help build
DOE
April 27,
5.2(g)(i )
AI models should also improve
foundational AI models for basic
(FERC, OSTP,
2024 (180
5.2(g)(i i) environmental and social
and applied science, including for
CEQ, APNCA)
days)
outcomes, and agencies should
environmental reviews and
col aborate with private sector
permitting, and to mitigate
organizations and academic
climate change risks.
researchers when developing
tools to mitigate risks.
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Partner with nongovernmental
DOE
April 27,
5.2(g)(iv) To include partnerships that
entities and international allies
(FERC, OSTP,
2024 (180
increase community
and partners to model climate
CEQ, APNCA)
days)
preparedness, enable clean-
risks and projects using DOE’s
energy deployment, and
computing capabilities and AI
enhance grid reliability and
testbeds.
resilience.
Establish an office in DOE to
DOE
April 27,
5.2(g)(v)

coordinate AI programs across
(FERC, OSTP,
2024 (180
the national laboratories.
CEQ, APNCA)
days)
Report on the potential of AI for
PCAST
April 27,
5.2(h)
Report shall be submitted to
scientific research.
2024 (180
the President and made
days)
publicly available.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Notes: For a list of acronyms, please see the Appendix.
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-
List-Update.pdf.
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)
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
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,
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.
c. James Donlon, “National Artificial Intelligence (AI) Research Institutes,” Program Webinar, September 5,
2023, at https://nsf.gov/attachments/308263/public/
National_AI_Research_Institutes_Webinar2023_508verified.pptx.
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)
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
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
the Small Business Administration (SBA) on supporting small businesses’ use of AI. These
directions do not carry accompanying deliverables or specific due dates.
Worker Support
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. Actions related to this policy
area are prescribed in Section 6 of the E.O. There are four requirements involving two federal
entities. Table 3 lists these requirements.
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Table 3. Requirements and Deliverables in Section 6 on Worker Support
Ascending by Section Citation
Lead Agency
(Supporting
Requirements
Agencies)
Due Dates
Section
Notes
Report on the effects of AI on
CEA
April 27,
6(a)(i)
The report is to the
the labor market.
2024 (180
President.
days)
Report on the ability agencies
DOL
April 27,
6(a)(i )
The report is to the
have to assist workers displaced
2024 (180
President.
by AI adoption.
days)
Publish principles and best
DOL
April 27,
6(b)(i)
DOL shall also encourage
practices employers could adopt
2024 (180
6(b)(i )
adoption of these practices.
to minimize harms to employees.
days)
Issue guidance on complying with
DOL
April 27,
6(b)(i i)
Including complying with
legal requirements for employers
2024 (180
protections ensuring worker
that deploy AI to monitor or
days)
compensation for time
augment employees’ work.
worked under 29 U.S.C. §201
et seq.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Note: For a list of acronyms, please see the Appendix.
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
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
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
government programs and benefits. Actions related to this policy area are prescribed in Section 7
of the E.O. There are nine requirements involving eight federal entities. Table 4 lists these
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
Practices to Enhance Public Trust and Public Safety.”5

5 Executive Office of the President, “Advancing Effective, Accountable Policing and Criminal Justice Practices to
Enhance Public Trust and Public Safety,” 87 Federal Register 32945-32963, May 31, 2022.
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Table 4. Requirements and Deliverables in Section 7 on AI Biases and Civil Rights
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Convene agencies and
DOJ
January 28,
7.1(a)(i )
They shall also consider
regulators to discuss how they
2024 (90
improving external
can use their authorities to
days)
stakeholder engagement and
prevent algorithmic and AI-
developing additional training,
related discrimination.
guidance, and resources.
Report on the use of AI in the
DOJ
October
7.1(b)
The report is to the
criminal justice system.
(DHS, OSTP)
29, 2023
President. The report is to
(365 days)
address uses by police,
prosecutors, and courts; and
recommend best practices
for safeguards and use limits
for AI.
Identify and publish best
OPM
April 27,
7.1(c)(i)
OPM is the chair of the
practices to recruit law
2024 (180
Interagency Working Group
enforcement (LE) professionals
days)
on Policies, Best Practices for
with AI expertise and train LE
Federal Law Enforcement
professionals about responsible
Agencies. This working group
application of AI.
is responsible for this
deliverable.
Review practices identified in
DOJ
July 26,
7.1(c)(i )
Extends to tribal law
7.1(c)(i) and, if necessary,
(DHS)
2024 (270
enforcement agencies.
develop recommendations for
days)
state and local law enforcement
agencies.
Assess departmental capacity to
DOJ
October
7.1(c)(i i)
Pursuant to 18 U.S.C. §242.
investigate cases related to AI
29, 2024
involving the deprivation of
(365 days)
rights by governmental agencies
acting under actual or perceived
authorities.
Publish a plan addressing states’
HHS
April 27,
7.2(b)(i)
The plan should promote
and localities’ use of automated
2024 (180
equitable administration of
or algorithmic systems in
days)
benefits, including
distributing public benefits and
assessments, disclosure, and
services funded by the
monitoring of systems and
department.
processes to appeal denials.
Issue guidance to state, local,
USDA
April 27,
7.2(b)(i )
The guidance should also
tribal, and territorial public
2024 (180
address the use of automated
benefits administrators on the
days)
or algorithmic systems in
use of automated or algorithmic
providing customer support
systems in distributing benefits.
for benefits programs funded
by USDA.
Publish guidance for federal
DOL
October
7.3(a)

contractors on preventing bias
29, 2024
in AI systems used in hiring.
(365 days)
Issue guidance on AI use in
HUD
April 27,
7.3(c)

housing decisions.
2024 (180
days)
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Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Note: For a list of acronyms, please see the Appendix.
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
(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
markets.
Consumer Protection
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
this policy area are prescribed in Section 8 of the E.O. There are nine requirements in this section
involving five federal entities. Table 5 lists these requirements.
Table 5. Requirements and Deliverables in Section 8 on Consumer Protection
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Establish an HHS AI Task Force. HHS
January 28,
8(b)(i)
Within a year of its creation,
(DOD, VA)
2024 (90
the task force shall issue a
days)
plan for federal actions
regarding the responsible
adoption of AI in the health
and human services sector.
Develop a strategy to assess AI
HHS
April 27,
8(b)(i )

quality, including the
2024 (180
development of an AI assurance
days)
policy and infrastructure needs.
Consider actions to advance
HHS
April 27,
8(b)(i i)
Actions may include providing
industry understanding of, and
2024 (180
technical assistance about
compliance with, federal
days)
obligations under
nondiscrimination laws as they
discrimination and privacy
relate to AI for health and
laws as related to AI use and
human service providers
potential consequences of
receiving federal funding.
noncompliance, and issuing
guidance in response to
complaints.
Establish an AI safety program
HHS
October
8(b)(iv)
In partnership with Patient
to monitor and improve AI
(DOD, VA)
29, 2024
Safety Organizations.
deployment in health care
(365 days)
through a common framework
to identify AI-associated clinical
errors and guidelines to avoid
such harms.
Develop a strategy for the use
HHS
October
8(b)(v)

of AI and AI-enabled tools in
29, 2024
drug development.
(365 days)
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Task the Nontraditional and
DOT
November
8(c)(i)
DOT shall further direct the
Emerging Transportation
29, 2023
NETT Council to support
Technology (NETT) Council to
(30 days)
transportation-related AI
assess the need for guidance
pilot programs, assess
regarding AI use in
outcomes to inform
transportation.
regulatory actions, and
establish a DOT Cross-Modal
Executive Working Group.
Task DOT FACA committees
DOT
January 28,
8(c)(i )

to provide advice on safe and
2024 (90
responsible AI use in
days)
transportation.
Task the Advanced Research
DOT
April 27,
8(c)(i i)

Projects Agency–Infrastructure
2024 (180
(ARPA-I) to explore research
days)
and development projects for
AI use in transportation.
Develop resources, policies, and ED
October
8(d)
Shall include development of
guidance for AI use in
29, 2024
an AI toolkit for educators.
education.
(365 days)
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Note: For a list of acronyms, please see the Appendix.
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
to address other risks that may arise from the use of AI, including risks to financial stability; and
to consider rulemaking, as well as emphasizing or clarifying where existing regulations and
guidance apply to AI. Section 8(e) encourages the Federal Communications Commission (FCC)
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
robocalls and robotexts.
Privacy
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
policy area are prescribed in Section 9 of the E.O. There are six requirements in this section
involving nine federal entities. Table 6 lists these requirements.
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Table 6. Requirements and Deliverables in Section 9 on Privacy
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Identify commercially available
OMB
No date
9(a)(i)
Particular focus on personally
information procured by
assigned
identifiable information (PII).
agencies.
National security purposes
are excluded.
Evaluate agency standards and
OMB
No date
9(a)(i )
Evaluation to include looking
procedures associated with
(FPC, ICSP)
assigned
at col ection, processing,
agency use of commercially
maintenance, use, sharing, and
available information to inform
disposition of data that
ways to mitigate privacy and
contains PII.
confidentiality risks.
Solicit public comment on
OMB
April 27,
9(a)(i i)
Take additional steps to act
changes to federal guidance
(DOJ, CEA,
2024 (180
on feedback in implementing
related to privacy and mitigating
OSTP)
days)
changes to federal guidance
AI-related risks.
(Section 9(a)(iv)).
Create guidance for agencies to
NIST
October
9(b)

fol ow when they evaluate the
29, 2024
use of privacy-enhancing
(365 days)
technologies.
Fund the creation of a Research
NSF
February
9(c)(i)
Particular focus on deploying
Coordination Network for
(DOE)
27, 2024
and scaling privacy-enhancing
advancing privacy research.
(120 days)
technologies.
Work with agencies to identify
NSF
June 26,
9(c)(i )
Prioritize use-inspired
opportunities to incorporate
2024 (240
research, including through
privacy-enhancing technologies
days)
engagements with the
into their operations.
Research Coordination
Network.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Note: For a list of acronyms, please see the Appendix.
Federal Use of AI
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
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
for additional agency hiring and training activities to increase the AI workforce capacity across
the federal government. 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 entities. Table 7 lists these
requirements.
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Table 7. Requirements and Deliverables in Section 10 on Federal Use of AI
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Convene and chair an
OMB
December
10.1(a)
OSTP is the vice chair of the
interagency council on federal
29, 2023
council. CFO Act agencies
use of AI.
(60 days)
(31 U.S.C. §902(b)) and DNI
are members.
Issue guidance to agencies on AI
OMB & OSTP
March 28,
10.1(b)
Guidance shall address
use.
(Interagency
2024 (150
appropriate and effective

council members
days, and
testing, use, and
from 10(a))
periodically
documentation of AI;
thereafter)
advancing innovation; and
managing AI-related risks.
Designate a Chief Artificial
CFO Act
May 27,
10.1
This requirement shall be
Intelligence Officer.
Agencies
2024 (60
(b)(i)
part of OMB’s guidance from
days from
10.1(b).
guidance)
Create Artificial Intelligence
CFO Act
May 27,
10.1
Another mechanism may be
Governance Boards within the
Agencies
2024 (60
(b)(i i)
substituted for this board.
agencies.
days from
This requirement shall be
guidance)
part of OMB’s guidance from
10.1(b).
Specify minimum risk
OMB
No date
10.1

management practices for
specified
(b)(iv)
government use of AI that impact
people’s rights or safety.
Develop AI strategies and pursue
CFO Act
No date
10.1(b)(v
This requirement shall be
high-impact AI use cases.
Agencies
specified
ii)
part of OMB’s guidance from
10.1(b).
Establish a system to track
OMB
May 27,
10.1(c)

agency AI progress.
2024 (60
days from
OMB
guidance
and
periodically
thereafter)
Develop guidelines, tools, and
NIST
June 26,
10.1

practices to support
(OMB, OSTP)
2024 (90
(d)(i)
implementation of the minimum
days from
risk-management practices
OMB
described in the OMB guidance.
guidance)
Develop means to ensure that
OMB
September
10.1
The means should also
agency contracts for AI system
24, 2024
(d)(i )
advance aims from the
and services procurement align
(180 days
Advancing American AI Act
with OMB guidance.
from OMB
(P.L. 117-263, Div. G, Title
guidance)
LXXII, Subtitle B,
§7224(d)(1)).
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Issue instructions to agencies for
OMB
No date
10.1(e)
Pursuant to the Advancing
the col ection, reporting, and
specified
American AI Act (P.L. 117-
publication of agency AI use
263, §7225(a)). These
cases.
instructions shall include, as
appropriate, an expansion of
agencies’ reporting on how
they are managing risks from
AI uses.
Develop a framework to
GSA & OMB
January 28,
10.1
The framework shall initially
incorporate AI in FedRAMP.
(Federal Secure
2024 (90
(f)(i )
prioritize generative AI
Cloud Advisory
days)
technologies.
Committee)
Develop guidance for federal
OPM & OMB
April 27,
10.1

employee use of generative AI.
2024 (180
(f)(i i)
days)
Consider prioritizing funding for
Technology
November
10.1(g)
This board administers the
projects related to AI.
Modernization
29, 2023
Technology Modernization
Board
(30 days)
Fund within GSA.
Facilitate access to AI vendors
GSA & OMB
April 27,
10.1(h)
Specified types of AI
through government-wide
(DOD, DHS,
2024 (180
capabilities shall include
acquisition vehicles or tools.
DNI, NASA)
days)
generative AI and specialized
computing infrastructure.
Excludes AI components of
national security systems.
Plan to surge AI talent in the
OSTP & OMB
December
10.2(a)
Shall include identifying
federal government.
(APNSA, APEA,
14, 2023
priority mission areas and
APDP, DGPC)
(45 days)
types of AI talent to
implement this E.O.
Create and convene an AI and
DCOSP, OSTP,
December
10.2(b)
The task force is to
Technology Talent Task Force.
OMB
14, 2023
accelerate and track the
(NCD)
(45 days)
hiring of AI talent in the
federal government.
Track, report progress on, and
AI and
April 27,
10.2
Recommendations are to the
make recommendations on
Technology
2024 (180
(b)(i)
President. The task force shall
increasing AI capacity across the
Talent Task
days)
also convene a cross-agency
federal government.
Force
forum for AI professionals to
share best practices and
improve retention.
Develop and implement plans to
USDS,
December
10.2(c)

support the rapid recruitment of
Presidential
14, 2023
AI talent in the federal
Innovation
(45 days)
government.
Fellowship,
USDC, OPM,
Agencies
Conduct a review of hiring
OPM
December
10.2
Shall include direct-hire
authorities and workplace
(OMB)
29, 2023
(d)(i)
authorities.
flexibilities needed to recruit AI
(60 days)
talent.
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Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Consider the use of the excepted OPM
December
10.2

service appointments to recruit
(OMB)
29, 2023
(d)(i )
AI talent.
(60 days)
Coordinate a pooled-hiring
OPM
January 28,
10.2

action to support AI talent
(OMB)
2024 (90
(d)(i i)
recruitment.
days)
Issue guidance to agencies on
OPM
February
10.2

using existing pay flexibilities or
(OMB)
27, 2024
(d)(iv)
incentive pay programs for AI,
(120 days)
AI-enabling, and key technical
positions.
Issue guidance to agencies on
OPM
April 27,
10.2

increasing the employment of AI,
(OMB)
2024 (180
(d)(v)
data, and technology talent from
days)
nontraditional academic
backgrounds.
Establish an interagency working
OPM
April 27,
10.2

group composed of experts in
(OMB)
2024 (180
(d)(vi)
human resources and AI to
days)
inform hiring practices.
Review the qualifications for the
OPM
April 27,
10.2

Senior Executive Service to
(OMB)
2024 (180
(d)(vii)
account for AI expertise.
days)
Review the job description for
OPM
April 27,
10.2

civil engineers (and other
(OMB)
2024 (180
(d)(vii )
positions) to account for, and
days)
ensure adequate, AI expertise.
Develop a position description
CDOC
No date
10.2(f)

library for data scientist jobs and
prescribed
a hiring guide for agencies.
Implement and/or increase the
Agencies
No date
10.2(g)
Agencies should ensure
use of AI training programs
prescribed
employees in nontechnical
among employees.
roles are also eligible for AI
training programs.
Report on the AI talent gap in
DOD
April 27,
10.2(h)
Report is to the APNSA and
national defense, with a focus on
2024 (180
President.
hiring and retaining certain
days)
noncitizens.
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Note: For a list of acronyms, please see the Appendix.
International Leadership
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
regulatory and accountability principles, and advancing responsible global technical standards for
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AI. Actions related to this policy area are prescribed in Section 11 of the E.O. There are six
requirements involving seven federal agencies. Table 8 lists these requirements.
Table 8. Requirements and Deliverables in Section 11 on International Leadership
Ascending by Section Citation
Lead Agency
(Supporting
Due
Requirements
Agencies)
Dates
Section
Notes
Establish a global engagement plan
DOC
July 26,
11(b)(i)
May include efforts on AI
for promoting and developing AI
2024 (270
terminology, data and privacy
standards.
days)
best practices, verification and
assurance of AI systems, and
AI risk management.
Report to the President on
DOC
January 22,

Ensure that such efforts are
priority actions taken pursuant to
2025 (180
guided by the NIST AI RMF
the plan in 11(b)(i).
days after
and USG NSS for Critical and
the plan in
Emerging Technology.
11(b)(i))
Publish an AI in Global
DOS & USAID
October
11(c)(i)

Development Playbook.
(NIST)
29, 2024
(365 days)
Develop a Global AI Research
DOS & USAID
No date
11(c)(i )
Shall include consideration of
Agenda.
(DOE, NSF)
prescribed.
AI’s potential labor market
implications.
Plan for multilateral engagements
DHS
July 26,
11(d)(i)

on encouraging the adoption of AI
(DOS)
2024 (270
safety and security guidelines
days)
among global and cross-border CI
owners and operators.
Report on priority actions to
DHS
January 22,
11(d)(i )
The report is to the President.
mitigate cross-border risks to U.S.
(DOS)
2025 (180
critical infrastructure.
days of
establishing
the plan in
11(d)(i))
Source: CRS analysis of Executive Order 14110. Executive Office of the President, “Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence,” 88 Federal Register 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.
Note: For a list of acronyms, please see the Appendix.
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Appendix. Abbreviations
Abbreviations used in this report are listed below, alphabetically.

AI
Artificial Intelligence
AI RMF
NIST’s AI Risk Management Framework
AIM-HEAD National Institutes of Health Artificial Intelligence/Machine Learning Consortium to Advance
Health Equity and Researcher Diversity
APDP
Assistant to the President for Domestic Policy
APEA
Assistant to the President for Economic Affairs
APNSA
Assistant to the President for National Security Affairs (a.k.a. the National Security Advisor)
CBRN
Chemical, Biological, Radiological, and Nuclear
CDOC
Chief Data Office Council
CEA
Council of Economic Advisors
CEQ
Council on Environmental Quality
CFO
Chief Financial Officer
C.F.R.
Code of Federal Regulations
CI
Critical Infrastructure
CISA
Cybersecurity and Infrastructure Security Agency
CSP
Cloud Service Provider
DCOSP
The President’s Deputy Chief of Staff for Policy
DGPC
Assistant to the President and Director of the Gender Policy Council
DHS
Department of Homeland Security
DNI
Director of National Intelligence (Office of the)
DOC
Department of Commerce
DOD
Department of Defense
DOE
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ED
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Congressional Research Service

19

Highlights of the 2023 Executive Order on Artificial Intelligence for Congress

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Congressional Research Service

20

Highlights of the 2023 Executive Order on Artificial Intelligence for Congress

Author Information

Laurie Harris
Chris Jaikaran
Analyst in Science and Technology Policy
Specialist in Cybersecurity Policy

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
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Congressional Research Service
R47843 · VERSION 8 · UPDATED
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Science and Technology Policy

Report Type: CRS Report

Source: CRSReports.Congress.gov

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