Highlights of the 2023 Executive Order on Artificial Intelligence

The following is the Nov. 17, 2023, Congressional Research Service report, Highlights of the 2023 Executive Order on Artificial Intelligence for Congress.

From the report

On October 30, 2023, the Biden Administration released Executive Order (E.O.) 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. 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. 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.

Download the document here.

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