15 U.S.C. § 9401 — Definitions

Page 2569 TITLE 15—COMMERCE AND TRADE § 9401 of Pub. L. 116–283, div. A, Jan. 1, 2021, 134 Stat. 3497, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Ta- bles. § 9306. Rule of construction Nothing in this chapter shall be construed to alter or amend any State law or action with re- gard to sustainable chemistry, as defined by the State. (Pub. L. 116–283, div. A, title II, § 266, Jan. 1, 2021, 134 Stat. 3502.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this subtitle’’, meaning subtitle E (§§ 261–267) of title II of Pub. L. 116–283, div. A, Jan. 1, 2021, 134 Stat. 3497, which is classified principally to this chapter. For com- plete classification of subtitle E to the Code, see Ta- bles. CHAPTER 119—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE Sec. 9401. Definitions. SUBCHAPTER I—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE 9411. National Artificial Intelligence Initiative. 9412. National Artificial Intelligence Initiative Of- fice. 9413. Coordination by Interagency Committee. 9414. National Artificial Intelligence Advisory Committee. 9415. National AI Research Resource Task Force. SUBCHAPTER II—NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES 9431. National Artificial Intelligence Research In- stitutes. SUBCHAPTER III—DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES 9441. Stakeholder outreach. 9442. National Oceanic and Atmospheric Adminis- tration Artificial Intelligence Center. SUBCHAPTER IV—NATIONAL SCIENCE FOUNDA- TION ARTIFICIAL INTELLIGENCE ACTIVITIES 9451. Artificial intelligence research and edu- cation. SUBCHAPTER V—DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM 9461. Department of Energy artificial intelligence research program. 9462. Veterans’ health initiative. § 9401. Definitions In this chapter: (1) Advisory Committee The term ‘‘Advisory Committee’’ means the National Artificial Intelligence Advisory Com- mittee established under section 9414(a) of this title. (2) Agency head The term ‘‘agency head’’ means the head of any Executive agency (as defined in section 105 of title 5). (3) Artificial intelligence The term ‘‘artificial intelligence’’ means a machine-based system that can, for a given set of human-defined objectives, make pre- dictions, recommendations or decisions influ- encing real or virtual environments. Artificial intelligence systems use machine and human- based inputs to— (A) perceive real and virtual environ- ments; (B) abstract such perceptions into models through analysis in an automated manner; and (C) use model inference to formulate op- tions for information or action. (4) Community college The term ‘‘community college’’ means a public institution of higher education at which the highest degree that is predomi- nantly awarded to students is an associate’s degree, including 2-year Tribal Colleges or Universities under section 1059c of title 20 and public 2-year State institutions of higher edu- cation. (5) Initiative The term ‘‘Initiative’’ means the National Artificial Intelligence Initiative established under section 9411(a) of this title. (6) Initiative Office The term ‘‘Initiative Office’’ means the Na- tional Artificial Intelligence Initiative Office established under section 9412(a) of this title. (7) Institute The term ‘‘Institute’’ means an Artificial In- telligence Research Institute described in sec- tion 9431(b)(2) of this title. (8) Institution of higher education The term ‘‘institution of higher education’’ has the meaning given the term in section 1001 and section 1002(c) of title 20. (9) Interagency Committee The term ‘‘Interagency Committee’’ means the interagency committee established under section 9413(a) of this title. (10) K-12 education The term ‘‘K-12 education’’ means elemen- tary school and secondary school education provided by local educational agencies, as such agencies are defined in section 7801 of title 20. (11) Machine learning The term ‘‘machine learning’’ means an ap- plication of artificial intelligence that is char- acterized by providing systems the ability to automatically learn and improve on the basis of data or experience, without being explicitly programmed. (Pub. L. 116–283, div. E, § 5002, Jan. 1, 2021, 134 Stat. 4523.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this division’’, meaning div. E of Pub. L. 116–283, Jan. 1, 2021, 134 Stat. 4523, which is classified principally to this chapter. For complete classification of div. E to the Code, see Short Title note set out below and Tables. Page 2570 TITLE 15—COMMERCE AND TRADE § 9401 Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 116–283, div. E, § 5001, Jan. 1, 2021, 134 Stat. 4523, provided that: ‘‘This division [enacting this chap- ter and section 278h–1 of this title and amending sec- tions 1862i and 1862n–1 of Title 42, The Public Health and Welfare] may be cited as the ‘National Artificial Intelligence Initiative Act of 2020’.’’ Executive Documents EX. ORD. NO. 14110. SAFE, SECURE, AND TRUSTWORTHY DEVELOPMENT AND USE OF ARTIFICIAL INTELLIGENCE Ex. Ord. No. 14110, Oct. 30, 2023, 88 F.R. 75191, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. Artificial intelligence (AI) holds extraordinary potential for both promise and peril. Re- sponsible 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; dis- place 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 sec- tor, academia, and civil society. My Administration places the highest urgency on governing the development and use of AI safely and re- sponsibly, and is therefore advancing a coordinated, Federal Government-wide approach to doing so. The rapid speed at which AI capabilities are advancing com- pels the United States to lead in this moment for the sake of our security, economy, and society. In the end, AI reflects the principles of the people who build it, the people who use it, and the data upon which it is built. I firmly believe that the power of our ideals; the foundations of our society; and the cre- ativity, diversity, and decency of our people are the reasons that America thrived in past eras of rapid change. They are the reasons we will succeed again in this moment. We are more than capable of harnessing AI for justice, security, and opportunity for all. SEC. 2. Policy and Principles. It is the policy of my Ad- ministration to advance and govern the development and use of AI in accordance with eight guiding prin- ciples and priorities. When undertaking the actions set forth in this order, executive departments and agencies (agencies) shall, as appropriate and consistent with ap- plicable law, adhere to these principles, while, as fea- sible, taking into account the views of other agencies, industry, members of academia, civil society, labor unions, international allies and partners, and other rel- evant organizations: (a) Artificial Intelligence must be safe and secure. Meeting this goal requires robust, reliable, repeatable, and standardized evaluations of AI systems, as well as policies, institutions, and, as appropriate, other mecha- nisms to test, understand, and mitigate risks from these systems before they are put to use. It also re- quires addressing AI systems’ most pressing security risks—including with respect to biotechnology, cybersecurity, critical infrastructure, and other na- tional security dangers—while navigating AI’s opacity and complexity. Testing and evaluations, including post-deployment performance monitoring, will help en- sure that AI systems function as intended, are resilient against misuse or dangerous modifications, are ethi- cally developed and operated in a secure manner, and are compliant with applicable Federal laws and poli- cies. Finally, my Administration will help develop ef- fective labeling and content provenance mechanisms, so that Americans are able to determine when content is generated using AI and when it is not. These actions will provide a vital foundation for an approach that ad- dresses AI’s risks without unduly reducing its benefits. (b) Promoting responsible innovation, competition, and collaboration will allow the United States to lead in AI and unlock the technology’s potential to solve some of society’s most difficult challenges. This effort requires investments in AI-related education, training, development, research, and capacity, while simulta- neously tackling novel intellectual property (IP) ques- tions and other problems to protect inventors and cre- ators. Across the Federal Government, my Administra- tion will support programs to provide Americans the skills they need for the age of AI and attract the world’s AI talent to our shores—not just to study, but to stay—so that the companies and technologies of the future are made in America. The Federal Government will promote a fair, open, and competitive ecosystem and marketplace for AI and related technologies so that small developers and entrepreneurs can continue to drive innovation. Doing so requires stopping unlaw- ful collusion and addressing risks from dominant firms’ use of key assets such as semiconductors, computing power, cloud storage, and data to disadvantage com- petitors, and it requires supporting a marketplace that harnesses the benefits of AI to provide new opportuni- ties for small businesses, workers, and entrepreneurs. (c) The responsible development and use of AI require a commitment to supporting American workers. As AI creates new jobs and industries, all workers need a seat at the table, including through collective bargaining, to ensure that they benefit from these opportunities. My Administration will seek to adapt job training and education to support a diverse workforce and help pro- vide access to opportunities that AI creates. In the workplace itself, AI should not be deployed in ways that undermine rights, worsen job quality, encourage undue worker surveillance, lessen market competition, introduce new health and safety risks, or cause harmful labor-force disruptions. The critical next steps in AI de- velopment should be built on the views of workers, labor unions, educators, and employers to support re- sponsible uses of AI that improve workers’ lives, posi- tively augment human work, and help all people safely enjoy the gains and opportunities from technological innovation. (d) Artificial Intelligence policies must be consistent with my Administration’s dedication to advancing eq- uity and civil rights. My Administration cannot—and will not—tolerate the use of AI to disadvantage those who are already too often denied equal opportunity and justice. From hiring to housing to healthcare, we have seen what happens when AI use deepens discrimination and bias, rather than improving quality of life. Artifi- cial Intelligence systems deployed irresponsibly have reproduced and intensified existing inequities, caused new types of harmful discrimination, and exacerbated online and physical harms. My Administration will build on the important steps that have already been taken—such as issuing the Blueprint for an AI Bill of Rights, the AI Risk Management Framework, and Ex- ecutive Order 14091 of February 16, 2023 (Further Ad- vancing Racial Equity and Support for Underserved Communities Through the Federal Government) [5 U.S.C. 601 note]—in seeking to ensure that AI complies with all Federal laws and to promote robust technical evaluations, careful oversight, engagement with af- fected communities, and rigorous regulation. It is nec- essary to hold those developing and deploying AI ac- countable to standards that protect against unlawful discrimination and abuse, including in the justice sys- tem and the Federal Government. Only then can Amer- icans trust AI to advance civil rights, civil liberties, equity, and justice for all. (e) The interests of Americans who increasingly use, interact with, or purchase AI and AI-enabled products in their daily lives must be protected. Use of new tech- nologies, such as AI, does not excuse organizations from their legal obligations, and hard-won consumer protections are more important than ever in moments of technological change. The Federal Government will Page 2571 TITLE 15—COMMERCE AND TRADE § 9401 enforce existing consumer protection laws and prin- ciples and enact appropriate safeguards against fraud, unintended bias, discrimination, infringements on pri- vacy, and other harms from AI. Such protections are especially important in critical fields like healthcare, financial services, education, housing, law, and trans- portation, where mistakes by or misuse of AI could harm patients, cost consumers or small businesses, or jeopardize safety or rights. At the same time, my Ad- ministration will promote responsible uses of AI that protect consumers, raise the quality of goods and serv- ices, lower their prices, or expand selection and avail- ability. (f) Americans’ privacy and civil liberties must be pro- tected as AI continues advancing. Artificial Intel- ligence is making it easier to extract, re-identify, link, infer, and act on sensitive information about people’s identities, locations, habits, and desires. Artificial Intelligence’s capabilities in these areas can increase the risk that personal data could be exploited and ex- posed. To combat this risk, the Federal Government will ensure that the collection, use, and retention of data is lawful, is secure, and mitigates privacy and con- fidentiality risks. Agencies shall use available policy and technical tools, including privacy-enhancing tech- nologies (PETs) where appropriate, to protect privacy and to combat the broader legal and societal risks—in- cluding the chilling of First Amendment rights—that result from the improper collection and use of people’s data. (g) It is important to manage the risks from the Fed- eral Government’s own use of AI and increase its inter- nal capacity to regulate, govern, and support respon- sible use of AI to deliver better results for Americans. These efforts start with people, our Nation’s greatest asset. My Administration will take steps to attract, re- tain, and develop public service-oriented AI profes- sionals, including from underserved communities, across disciplines—including technology, policy, mana- gerial, procurement, regulatory, ethical, governance, and legal fields—and ease AI professionals’ path into the Federal Government to help harness and govern AI. The Federal Government will work to ensure that all members of its workforce receive adequate training to understand the benefits, risks, and limitations of AI for their job functions, and to modernize Federal Govern- ment information technology infrastructure, remove bureaucratic obstacles, and ensure that safe and rights- respecting AI is adopted, deployed, and used. (h) The Federal Government should lead the way to global societal, economic, and technological progress, as the United States has in previous eras of disruptive innovation and change. This leadership is not measured solely by the technological advancements our country makes. Effective leadership also means pioneering those systems and safeguards needed to deploy tech- nology responsibly—and building and promoting those safeguards with the rest of the world. My Administra- tion will engage with international allies and partners in developing a framework to manage AI’s risks, unlock AI’s potential for good, and promote common approaches to shared challenges. The Federal Govern- ment will seek to promote responsible AI safety and se- curity principles and actions with other nations, in- cluding our competitors, while leading key global con- versations and collaborations to ensure that AI bene- fits the whole world, rather than exacerbating inequi- ties, threatening human rights, and causing other harms. SEC. 3. Definitions. For purposes of this order: (a) The term ‘‘agency’’ means each agency described in 44 U.S.C. 3502(1), except for the independent regu- latory agencies described in 44 U.S.C. 3502(5). (b) The term ‘‘artificial intelligence’’ or ‘‘AI’’ has the meaning set forth in 15 U.S.C. 9401(3) [section 5002(3) of Pub. L. 116–283]: a machine-based system that can, for a given set of human-defined objectives, make pre- dictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to per- ceive real and virtual environments; abstract such per- ceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. (c) The term ‘‘AI model’’ means a component of an in- formation system that implements AI technology and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of in- puts. (d) The term ‘‘AI red-teaming’’ means a structured testing effort to find flaws and vulnerabilities in an AI system, often in a controlled environment and in col- laboration with developers of AI. Artificial Intelligence red-teaming is most often performed by dedicated ‘‘red teams’’ that adopt adversarial methods to identify flaws and vulnerabilities, such as harmful or discrimi- natory outputs from an AI system, unforeseen or unde- sirable system behaviors, limitations, or potential risks associated with the misuse of the system. (e) The term ‘‘AI system’’ means any data system, software, hardware, application, tool, or utility that operates in whole or in part using AI. (f) The term ‘‘commercially available information’’ means any information or data about an individual or group of individuals, including an individual’s or group of individuals’ device or location, that is made avail- able or obtainable and sold, leased, or licensed to the general public or to governmental or non-governmental entities. (g) The term ‘‘crime forecasting’’ means the use of analytical techniques to attempt to predict future crimes or crime-related information. It can include ma- chine-generated predictions that use algorithms to analyze large volumes of data, as well as other fore- casts that are generated without machines and based on statistics, such as historical crime statistics. (h) The term ‘‘critical and emerging technologies’’ means those technologies listed in the February 2022 Critical and Emerging Technologies List Update issued by the National Science and Technology Council (NSTC), as amended by subsequent updates to the list issued by the NSTC. (i) The term ‘‘critical infrastructure’’ has the mean- ing set forth in section 1016(e) of the USA PATRIOT Act of 2001, 42 U.S.C. 5195c(e). (j) The term ‘‘differential-privacy guarantee’’ means protections that allow information about a group to be shared while provably limiting the improper access, use, or disclosure of personal information about par- ticular entities. (k) The term ‘‘dual-use foundation model’’ means an AI model that is trained on broad data; generally uses self-supervision; contains at least tens of billions of pa- rameters; is applicable across a wide range of contexts; and that exhibits, or could be easily modified to ex- hibit, high levels of performance at tasks that pose a serious risk to security, national economic security, national public health or safety, or any combination of those matters, such as by: (i) substantially lowering the barrier of entry for non-experts to design, synthesize, acquire, or use chem- ical, biological, radiological, or nuclear (CBRN) weap- ons; (ii) enabling powerful offensive cyber operations through automated vulnerability discovery and exploi- tation against a wide range of potential targets of cyber attacks; or (iii) permitting the evasion of human control or over- sight through means of deception or obfuscation. Models meet this definition even if they are provided to end users with technical safeguards that attempt to prevent users from taking advantage of the relevant unsafe capabilities. (l) The term ‘‘Federal law enforcement agency’’ has the meaning set forth in section 21(a) of Executive Order 14074 of May 25, 2022 (Advancing Effective, Ac- countable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety) [34 U.S.C. 10101 note prec.]. (m) The term ‘‘floating-point operation’’ means any mathematical operation or assignment involving float- Page 2572 TITLE 15—COMMERCE AND TRADE § 9401 ing-point numbers, which are a subset of the real num- bers typically represented on computers by an integer of fixed precision scaled by an integer exponent of a fixed base. (n) The term ‘‘foreign person’’ has the meaning set forth in section 5(c) of Executive Order 13984 of January 19, 2021 (Taking Additional Steps To Address the Na- tional Emergency With Respect to Significant Mali- cious Cyber-Enabled Activities) [15 U.S.C. 7421 note]. (o) The terms ‘‘foreign reseller’’ and ‘‘foreign reseller of United States Infrastructure as a Service Products’’ mean a foreign person who has established an Infra- structure as a Service Account to provide Infrastruc- ture as a Service Products subsequently, in whole or in part, to a third party. (p) The term ‘‘generative AI’’ means the class of AI models that emulate the structure and characteristics of input data in order to generate derived synthetic content. This can include images, videos, audio, text, and other digital content. (q) The terms ‘‘Infrastructure as a Service Product,’’ ‘‘United States Infrastructure as a Service Product,’’ ‘‘United States Infrastructure as a Service Provider,’’ and ‘‘Infrastructure as a Service Account’’ each have the respective meanings given to those terms in section 5 of Executive Order 13984. (r) The term ‘‘integer operation’’ means any mathe- matical operation or assignment involving only inte- gers, or whole numbers expressed without a decimal point. (s) The term ‘‘Intelligence Community’’ has the meaning given to that term in section 3.5(h) of Execu- tive Order 12333 of December 4, 1981 (United States In- telligence Activities) [50 U.S.C. 3001 note], as amended. (t) The term ‘‘machine learning’’ means a set of tech- niques that can be used to train AI algorithms to im- prove performance at a task based on data. (u) The term ‘‘model weight’’ means a numerical pa- rameter within an AI model that helps determine the model’s outputs in response to inputs. (v) The term ‘‘national security system’’ has the meaning set forth in 44 U.S.C. 3552(b)(6). (w) The term ‘‘omics’’ means biomolecules, including nucleic acids, proteins, and metabolites, that make up a cell or cellular system. (x) The term ‘‘Open RAN’’ means the Open Radio Ac- cess Network approach to telecommunications-network standardization adopted by the O-RAN Alliance, Third Generation Partnership Project, or any similar set of published open standards for multi-vendor network equipment interoperability. (y) The term ‘‘personally identifiable information’’ has the meaning set forth in Office of Management and Budget (OMB) Circular No. A–130. (z) The term ‘‘privacy-enhancing technology’’ means any software or hardware solution, technical process, technique, or other technological means of mitigating privacy risks arising from data processing, including by enhancing predictability, manageability, disassociability, storage, security, and confidentiality. These technological means may include secure multiparty computation, homomorphic encryption, zero-knowledge proofs, federated learning, secure en- claves, differential privacy, and synthetic-data-genera- tion tools. This is also sometimes referred to as ‘‘pri- vacy-preserving technology.’’ (aa) The term ‘‘privacy impact assessment’’ has the meaning set forth in OMB Circular No. A–130. (bb) The term ‘‘Sector Risk Management Agency’’ has the meaning set forth in 6 U.S.C. 650(23) [section 2200(23) of Pub. L. 107–296]. (cc) The term ‘‘self-healing network’’ means a tele- communications network that automatically diagnoses and addresses network issues to permit self-restora- tion. (dd) The term ‘‘synthetic biology’’ means a field of science that involves redesigning organisms, or the bio- molecules of organisms, at the genetic level to give them new characteristics. Synthetic nucleic acids are a type of biomolecule redesigned through synthetic-biol- ogy methods. (ee) The term ‘‘synthetic content’’ means informa- tion, such as images, videos, audio clips, and text, that has been significantly modified or generated by algo- rithms, including by AI. (ff) The term ‘‘testbed’’ means a facility or mecha- nism equipped for conducting rigorous, transparent, and replicable testing of tools and technologies, includ- ing AI and PETs, to help evaluate the functionality, usability, and performance of those tools or tech- nologies. (gg) The term ‘‘watermarking’’ means the act of em- bedding information, which is typically difficult to re- move, into outputs created by AI—including into out- puts such as photos, videos, audio clips, or text—for the purposes of verifying the authenticity of the output or the identity or characteristics of its provenance, modi- fications, or conveyance. SEC. 4. Ensuring the Safety and Security of AI Tech- nology. 4.1. Developing Guidelines, Standards, and Best Practices for AI Safety and Security. (a) Within 270 days of the date of this order [Oct. 30, 2023], to help ensure the de- velopment of safe, secure, and trustworthy AI systems, the Secretary of Commerce, acting through the Direc- tor of the National Institute of Standards and Tech- nology (NIST), in coordination with the Secretary of Energy, the Secretary of Homeland Security, and the heads of other relevant agencies as the Secretary of Commerce may deem appropriate, shall: (i) Establish guidelines and best practices, with the aim of promoting consensus industry standards, for de- veloping and deploying safe, secure, and trustworthy AI systems, including: (A) developing a companion resource to the AI Risk Management Framework, NIST AI 100–1, for genera- tive AI; (B) developing a companion resource to the Secure Software Development Framework to incorporate se- cure development practices for generative AI and for dual-use foundation models; and (C) launching an initiative to create guidance and benchmarks for evaluating and auditing AI capabili- ties, with a focus on capabilities through which AI could cause harm, such as in the areas of cybersecurity and biosecurity. (ii) Establish appropriate guidelines (except for AI used as a component of a national security system), in- cluding appropriate procedures and processes, to enable developers of AI, especially of dual-use foundation mod- els, to conduct AI red-teaming tests to enable deploy- ment of safe, secure, and trustworthy systems. These efforts shall include: (A) coordinating or developing guidelines related to assessing and managing the safety, security, and trustworthiness of dual-use foundation models; and (B) in coordination with the Secretary of Energy and the Director of the National Science Foundation (NSF), developing and helping to ensure the avail- ability of testing environments, such as testbeds, to support the development of safe, secure, and trust- worthy AI technologies, as well as to support the de- sign, development, and deployment of associated PETs, consistent with section 9(b) of this order. (b) Within 270 days of the date of this order, to under- stand and mitigate AI security risks, the Secretary of Energy, in coordination with the heads of other Sector Risk Management Agencies (SRMAs) as the Secretary of Energy may deem appropriate, shall develop and, to the extent permitted by law and available appropria- tions, implement a plan for developing the Department of Energy’s AI model evaluation tools and AI testbeds. The Secretary shall undertake this work using existing solutions where possible, and shall develop these tools and AI testbeds to be capable of assessing near-term ex- trapolations of AI systems’ capabilities. At a min- imum, the Secretary shall develop tools to evaluate AI capabilities to generate outputs that may represent nu- clear, nonproliferation, biological, chemical, critical infrastructure, and energy-security threats or hazards. The Secretary shall do this work solely for the pur- Page 2573 TITLE 15—COMMERCE AND TRADE § 9401 poses of guarding against these threats, and shall also develop model guardrails that reduce such risks. The Secretary shall, as appropriate, consult with private AI laboratories, academia, civil society, and third-party evaluators, and shall use existing solutions. 4.2. Ensuring Safe and Reliable AI. (a) Within 90 days of the date of this order, to ensure and verify the con- tinuous availability of safe, reliable, and effective AI in accordance with the Defense Production Act [of 1950], as amended, 50 U.S.C. 4501 et seq., including for the na- tional defense and the protection of critical infrastruc- ture, the Secretary of Commerce shall require: (i) Companies developing or demonstrating an intent to develop potential dual-use foundation models to pro- vide the Federal Government, on an ongoing basis, with information, reports, or records regarding the fol- lowing: (A) any ongoing or planned activities related to training, developing, or producing dual-use founda- tion models, including the physical and cybersecurity protections taken to assure the integrity of that training process against sophisticated threats; (B) the ownership and possession of the model weights of any dual-use foundation models, and the physical and cybersecurity measures taken to protect those model weights; and (C) the results of any developed dual-use foundation model’s performance in relevant AI red-team testing based on guidance developed by NIST pursuant to subsection 4.1(a)(ii) of this section, and a description of any associated measures the company has taken to meet safety objectives, such as mitigations to im- prove performance on these red-team tests and strengthen overall model security. Prior to the devel- opment of guidance on red-team testing standards by NIST pursuant to subsection 4.1(a)(ii) of this section, this description shall include the results of any red- team testing that the company has conducted relat- ing to lowering the barrier to entry for the develop- ment, acquisition, and use of biological weapons by non-state actors; the discovery of software vulnerabilities and development of associated ex- ploits; the use of software or tools to influence real or virtual events; the possibility for self-replication or propagation; and associated measures to meet safety objectives; and (ii) Companies, individuals, or other organizations or entities that acquire, develop, or possess a potential large-scale computing cluster to report any such acqui- sition, development, or possession, including the exist- ence and location of these clusters and the amount of total computing power available in each cluster. (b) The Secretary of Commerce, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of National In- telligence, shall define, and thereafter update as needed on a regular basis, the set of technical conditions for models and computing clusters that would be subject to the reporting requirements of subsection 4.2(a) of this section. Until such technical conditions are defined, the Secretary shall require compliance with these re- porting requirements for: (i) any model that was trained using a quantity of computing power greater than 1026 integer or floating- point operations, or using primarily biological se- quence data and using a quantity of computing power greater than 1023 integer or floating-point operations; and (ii) any computing cluster that has a set of machines physically co-located in a single datacenter, tran- sitively connected by data center networking of over 100 Gbit/s, and having a theoretical maximum com- puting capacity of 1020 integer or floating-point oper- ations per second for training AI. (c) Because I find that additional steps must be taken to deal with the national emergency related to signifi- cant malicious cyber-enabled activities declared in Ex- ecutive Order 13694 of April 1, 2015 (Blocking the Prop- erty of Certain Persons Engaging in Significant Mali- cious Cyber-Enabled Activities) [listed in a table under 50 U.S.C. 1701], as amended by Executive Order 13757 of December 28, 2016 (Taking Additional Steps to Address the National Emergency With Respect to Significant Malicious Cyber-Enabled Activities), and further amended by Executive Order 13984, to address the use of United States Infrastructure as a Service (IaaS) Prod- ucts by foreign malicious cyber actors, including to im- pose additional record-keeping obligations with respect to foreign transactions and to assist in the investiga- tion of transactions involving foreign malicious cyber actors, I hereby direct the Secretary of Commerce, within 90 days of the date of this order, to: (i) Propose regulations that require United States IaaS Providers to submit a report to the Secretary of Commerce when a foreign person transacts with that United States IaaS Provider to train a large AI model with potential capabilities that could be used in mali- cious cyber-enabled activity (a ‘‘training run’’). Such reports shall include, at a minimum, the identity of the foreign person and the existence of any training run of an AI model meeting the criteria set forth in this sec- tion, or other criteria defined by the Secretary in regu- lations, as well as any additional information identi- fied by the Secretary. (ii) Include a requirement in the regulations proposed pursuant to subsection 4.2(c)(i) of this section that United States IaaS Providers prohibit any foreign re- seller of their United States IaaS Product from pro- viding those products unless such foreign reseller sub- mits to the United States IaaS Provider a report, which the United States IaaS Provider must provide to the Secretary of Commerce, detailing each instance in which a foreign person transacts with the foreign re- seller to use the United States IaaS Product to conduct a training run described in subsection 4.2(c)(i) of this section. Such reports shall include, at a minimum, the information specified in subsection 4.2(c)(i) of this sec- tion as well as any additional information identified by the Secretary. (iii) Determine the set of technical conditions for a large AI model to have potential capabilities that could be used in malicious cyber-enabled activity, and revise that determination as necessary and appropriate. Until the Secretary makes such a determination, a model shall be considered to have potential capabilities that could be used in malicious cyber-enabled activity if it requires a quantity of computing power greater than 1026 integer or floating-point operations and is trained on a computing cluster that has a set of machines physically co-located in a single datacenter, tran- sitively connected by data center networking of over 100 Gbit/s, and having a theoretical maximum compute capacity of 1020 integer or floating-point operations per second for training AI. (d) Within 180 days of the date of this order, pursuant to the finding set forth in subsection 4.2(c) of this sec- tion, the Secretary of Commerce shall propose regula- tions that require United States IaaS Providers to en- sure that foreign resellers of United States IaaS Prod- ucts verify the identity of any foreign person that ob- tains an IaaS account (account) from the foreign re- seller. These regulations shall, at a minimum: (i) Set forth the minimum standards that a United States IaaS Provider must require of foreign resellers of its United States IaaS Products to verify the iden- tity of a foreign person who opens an account or main- tains an existing account with a foreign reseller, in- cluding: (A) the types of documentation and procedures that foreign resellers of United States IaaS Products must require to verify the identity of any foreign person acting as a lessee or sub-lessee of these products or services; (B) records that foreign resellers of United States IaaS Products must securely maintain regarding a foreign person that obtains an account, including in- formation establishing: (1) the identity of such foreign person, including name and address; (2) the means and source of payment (including any associated financial institution and other iden- Page 2574 TITLE 15—COMMERCE AND TRADE § 9401 tifiers such as credit card number, account number, customer identifier, transaction identifiers, or vir- tual currency wallet or wallet address identifier); (3) the electronic mail address and telephonic contact information used to verify a foreign per- son’s identity; and (4) the internet Protocol addresses used for access or administration and the date and time of each such access or administrative action related to on- going verification of such foreign person’s owner- ship of such an account; and (C) methods that foreign resellers of United States IaaS Products must implement to limit all third- party access to the information described in this sub- section, except insofar as such access is otherwise consistent with this order and allowed under applica- ble law; (ii) Take into consideration the types of accounts maintained by foreign resellers of United States IaaS Products, methods of opening an account, and types of identifying information available to accomplish the ob- jectives of identifying foreign malicious cyber actors using any such products and avoiding the imposition of an undue burden on such resellers; and (iii) Provide that the Secretary of Commerce, in ac- cordance with such standards and procedures as the Secretary may delineate and in consultation with the Secretary of Defense, the Attorney General, the Sec- retary of Homeland Security, and the Director of Na- tional Intelligence, may exempt a United States IaaS Provider with respect to any specific foreign reseller of their United States IaaS Products, or with respect to any specific type of account or lessee, from the require- ments of any regulation issued pursuant to this sub- section. Such standards and procedures may include a finding by the Secretary that such foreign reseller, ac- count, or lessee complies with security best practices to otherwise deter abuse of United States IaaS Prod- ucts. (e) The Secretary of Commerce is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by the International Emergency Eco- nomic Powers Act, 50 U.S.C. 1701 et seq., as may be nec- essary to carry out the purposes of subsections 4.2(c) and (d) of this section. Such actions may include a re- quirement that United States IaaS Providers require foreign resellers of United States IaaS Products to pro- vide United States IaaS Providers verifications relative to those subsections. 4.3. Managing AI in Critical Infrastructure and in Cybersecurity. (a) To ensure the protection of critical infrastructure, the following actions shall be taken: (i) Within 90 days of the date of this order, and at least annually thereafter, the head of each agency with relevant regulatory authority over critical infrastruc- ture and the heads of relevant SRMAs, in coordination with the Director of the Cybersecurity and Infrastruc- ture Security Agency within the Department of Home- land Security for consideration of cross-sector risks, shall evaluate and provide to the Secretary of Home- land Security an assessment of potential risks related to the use of AI in critical infrastructure sectors in- volved, including ways in which deploying AI may make critical infrastructure systems more vulnerable to critical failures, physical attacks, and cyber at- tacks, and shall consider ways to mitigate these vulnerabilities. Independent regulatory agencies are encouraged, as they deem appropriate, to contribute to sector-specific risk assessments. (ii) Within 150 days of the date of this order, the Sec- retary of the Treasury shall issue a public report on best practices for financial institutions to manage AI- specific cybersecurity risks. (iii) Within 180 days of the date of this order, the Sec- retary of Homeland Security, in coordination with the Secretary of Commerce and with SRMAs and other reg- ulators as determined by the Secretary of Homeland Security, shall incorporate as appropriate the AI Risk Management Framework, NIST AI 100–1, as well as other appropriate security guidance, into relevant safe- ty and security guidelines for use by critical infrastruc- ture owners and operators. (iv) Within 240 days of the completion of the guide- lines described in subsection 4.3(a)(iii) of this section, the Assistant to the President for National Security Affairs and the Director of OMB, in consultation with the Secretary of Homeland Security, shall coordinate work by the heads of agencies with authority over crit- ical infrastructure to develop and take steps for the Federal Government to mandate such guidelines, or ap- propriate portions thereof, through regulatory or other appropriate action. Independent regulatory agencies are encouraged, as they deem appropriate, to consider whether to mandate guidance through regulatory ac- tion in their areas of authority and responsibility. (v) The Secretary of Homeland Security shall estab- lish an Artificial Intelligence Safety and Security Board as an advisory committee pursuant to section 871 of the Homeland Security Act of 2002 (Public Law 107–296) [6 U.S.C. 451]. The Advisory Committee shall include AI experts from the private sector, academia, and government, as appropriate, and provide to the Secretary of Homeland Security and the Federal Gov- ernment’s critical infrastructure community advice, information, or recommendations for improving secu- rity, resilience, and incident response related to AI usage in critical infrastructure. (b) To capitalize on AI’s potential to improve United States cyber defenses: (i) The Secretary of Defense shall carry out the ac- tions described in subsections 4.3(b)(ii) and (iii) of this section for national security systems, and the Sec- retary of Homeland Security shall carry out these ac- tions for non-national security systems. Each shall do so in consultation with the heads of other relevant agencies as the Secretary of Defense and the Secretary of Homeland Security may deem appropriate. (ii) As set forth in subsection 4.3(b)(i) of this section, within 180 days of the date of this order, the Secretary of Defense and the Secretary of Homeland Security shall, consistent with applicable law, each develop plans for, conduct, and complete an operational pilot project to identify, develop, test, evaluate, and deploy AI capabilities, such as large-language models, to aid in the discovery and remediation of vulnerabilities in critical United States Government software, systems, and networks. (iii) As set forth in subsection 4.3(b)(i) of this section, within 270 days of the date of this order, the Secretary of Defense and the Secretary of Homeland Security shall each provide a report to the Assistant to the President for National Security Affairs on the results of actions taken pursuant to the plans and operational pilot projects required by subsection 4.3(b)(ii) of this section, including a description of any vulnerabilities found and fixed through the development and deploy- ment of AI capabilities and any lessons learned on how to identify, develop, test, evaluate, and deploy AI capa- bilities effectively for cyber defense. 4.4. Reducing Risks at the Intersection of AI and CBRN Threats. (a) To better understand and mitigate the risk of AI being misused to assist in the development or use of CBRN threats—with a particular focus on biological weapons—the following actions shall be taken: (i) Within 180 days of the date of this order, the Sec- retary of Homeland Security, in consultation with the Secretary of Energy and the Director of the Office of Science and Technology Policy (OSTP), shall evaluate the potential for AI to be misused to enable the devel- opment or production of CBRN threats, while also con- sidering the benefits and application of AI to counter these threats, including, as appropriate, the results of work conducted under section 8(b) of this order. The Secretary of Homeland Security shall: (A) consult with experts in AI and CBRN issues from the Department of Energy, private AI labora- tories, academia, and third-party model evaluators, as appropriate, to evaluate AI model capabilities to present CBRN threats—for the sole purpose of guard- Page 2575 TITLE 15—COMMERCE AND TRADE § 9401 ing against those threats—as well as options for minimizing the risks of AI model misuse to generate or exacerbate those threats; and (B) submit a report to the President that describes the progress of these efforts, including an assessment of the types of AI models that may present CBRN risks to the United States, and that makes rec- ommendations for regulating or overseeing the train- ing, deployment, publication, or use of these models, including requirements for safety evaluations and guardrails for mitigating potential threats to na- tional security. (ii) Within 120 days of the date of this order, the Sec- retary of Defense, in consultation with the Assistant to the President for National Security Affairs and the Di- rector of OSTP, shall enter into a contract with the National Academies of Sciences, Engineering, and Med- icine to conduct—and submit to the Secretary of De- fense, the Assistant to the President for National Secu- rity Affairs, the Director of the Office of Pandemic Pre- paredness and Response Policy, the Director of OSTP, and the Chair of the Chief Data Officer Council—a study that: (A) assesses the ways in which AI can increase bio- security risks, including risks from generative AI models trained on biological data, and makes rec- ommendations on how to mitigate these risks; (B) considers the national security implications of the use of data and datasets, especially those associ- ated with pathogens and omics studies, that the United States Government hosts, generates, funds the creation of, or otherwise owns, for the training of generative AI models, and makes recommendations on how to mitigate the risks related to the use of these data and datasets; (C) assesses the ways in which AI applied to biology can be used to reduce biosecurity risks, including rec- ommendations on opportunities to coordinate data and high-performance computing resources; and (D) considers additional concerns and opportunities at the intersection of AI and synthetic biology that the Secretary of Defense deems appropriate. (b) To reduce the risk of misuse of synthetic nucleic acids, which could be substantially increased by AI’s capabilities in this area, and improve biosecurity meas- ures for the nucleic acid synthesis industry, the fol- lowing actions shall be taken: (i) Within 180 days of the date of this order, the Direc- tor of OSTP, in consultation with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Commerce, the Secretary of Health and Human Services (HHS), the Secretary of Energy, the Secretary of Homeland Security, the Director of National Intelligence, and the heads of other relevant agencies as the Director of OSTP may deem appro- priate, shall establish a framework, incorporating, as appropriate, existing United States Government guid- ance, to encourage providers of synthetic nucleic acid sequences to implement comprehensive, scalable, and verifiable synthetic nucleic acid procurement screening mechanisms, including standards and recommended in- centives. As part of this framework, the Director of OSTP shall: (A) establish criteria and mechanisms for ongoing identification of biological sequences that could be used in a manner that would pose a risk to the na- tional security of the United States; and (B) determine standardized methodologies and tools for conducting and verifying the performance of se- quence synthesis procurement screening, including customer screening approaches to support due dili- gence with respect to managing security risks posed by purchasers of biological sequences identified in subsection 4.4(b)(i)(A) of this section, and processes for the reporting of concerning activity to enforce- ment entities. (ii) Within 180 days of the date of this order, the Sec- retary of Commerce, acting through the Director of NIST, in coordination with the Director of OSTP, and in consultation with the Secretary of State, the Sec- retary of HHS, and the heads of other relevant agencies as the Secretary of Commerce may deem appropriate, shall initiate an effort to engage with industry and rel- evant stakeholders, informed by the framework devel- oped under subsection 4.4(b)(i) of this section, to de- velop and refine for possible use by synthetic nucleic acid sequence providers: (A) specifications for effective nucleic acid syn- thesis procurement screening; (B) best practices, including security and access controls, for managing sequence-of-concern databases to support such screening; (C) technical implementation guides for effective screening; and (D) conformity-assessment best practices and mechanisms. (iii) Within 180 days of the establishment of the framework pursuant to subsection 4.4(b)(i) of this sec- tion, all agencies that fund life-sciences research shall, as appropriate and consistent with applicable law, es- tablish that, as a requirement of funding, synthetic nu- cleic acid procurement is conducted through providers or manufacturers that adhere to the framework, such as through an attestation from the provider or manu- facturer. The Assistant to the President for National Security Affairs and the Director of OSTP shall coordi- nate the process of reviewing such funding require- ments to facilitate consistency in implementation of the framework across funding agencies. (iv) In order to facilitate effective implementation of the measures described in subsections 4.4(b)(i)–(iii) of this section, the Secretary of Homeland Security, in consultation with the heads of other relevant agencies as the Secretary of Homeland Security may deem ap- propriate, shall: (A) within 180 days of the establishment of the framework pursuant to subsection 4.4(b)(i) of this sec- tion, develop a framework to conduct structured evaluation and stress testing of nucleic acid syn- thesis procurement screening, including the systems developed in accordance with subsections 4.4(b)(i)–(ii) of this section and implemented by providers of syn- thetic nucleic acid sequences; and (B) following development of the framework pursu- ant to subsection 4.4(b)(iv)(A) of this section, submit an annual report to the Assistant to the President for National Security Affairs, the Director of the Office of Pandemic Preparedness and Response Policy, and the Director of OSTP on any results of the activities conducted pursuant to subsection 4.4(b)(iv)(A) of this section, including recommendations, if any, on how to strengthen nucleic acid synthesis procurement screening, including customer screening systems. 4.5. Reducing the Risks Posed by Synthetic Content. To foster capabilities for identifying and labeling syn- thetic content produced by AI systems, and to establish the authenticity and provenance of digital content, both synthetic and not synthetic, produced by the Fed- eral Government or on its behalf: (a) Within 240 days of the date of this order, the Sec- retary of Commerce, in consultation with the heads of other relevant agencies as the Secretary of Commerce may deem appropriate, shall submit a report to the Di- rector of OMB and the Assistant to the President for National Security Affairs identifying the existing standards, tools, methods, and practices, as well as the potential development of further science-backed stand- ards and techniques, for: (i) authenticating content and tracking its prove- nance; (ii) labeling synthetic content, such as using watermarking; (iii) detecting synthetic content; (iv) preventing generative AI from producing child sexual abuse material or producing non-consensual intimate imagery of real individuals (to include inti- mate digital depictions of the body or body parts of an identifiable individual); (v) testing software used for the above purposes; and Page 2576 TITLE 15—COMMERCE AND TRADE § 9401 (vi) auditing and maintaining synthetic content. (b) Within 180 days of submitting the report required under subsection 4.5(a) of this section, and updated pe- riodically thereafter, the Secretary of Commerce, in coordination with the Director of OMB, shall develop guidance regarding the existing tools and practices for digital content authentication and synthetic content detection measures. The guidance shall include meas- ures for the purposes listed in subsection 4.5(a) of this section. (c) Within 180 days of the development of the guid- ance required under subsection 4.5(b) of this section, and updated periodically thereafter, the Director of OMB, in consultation with the Secretary of State; the Secretary of Defense; the Attorney General; the Sec- retary of Commerce, acting through the Director of NIST; the Secretary of Homeland Security; the Direc- tor of National Intelligence; and the heads of other agencies that the Director of OMB deems appropriate, shall—for the purpose of strengthening public con- fidence in the integrity of official United States Gov- ernment digital content—issue guidance to agencies for labeling and authenticating such content that they produce or publish. (d) The Federal Acquisition Regulatory Council shall, as appropriate and consistent with applicable law, con- sider amending the Federal Acquisition Regulation to take into account the guidance established under sub- section 4.5 of this section. 4.6. Soliciting Input on Dual-Use Foundation Models with Widely Available Model Weights. When the weights for a dual-use foundation model are widely available— such as when they are publicly posted on the internet— there can be substantial benefits to innovation, but also substantial security risks, such as the removal of safeguards within the model. To address the risks and potential benefits of dual-use foundation models with widely available weights, within 270 days of the date of this order, the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Communica- tions and Information, and in consultation with the Secretary of State, shall: (a) solicit input from the private sector, academia, civil society, and other stakeholders through a public consultation process on potential risks, benefits, other implications, and appropriate policy and regulatory ap- proaches related to dual-use foundation models for which the model weights are widely available, includ- ing: (i) risks associated with actors fine-tuning dual-use foundation models for which the model weights are widely available or removing those models’ safe- guards; (ii) benefits to AI innovation and research, includ- ing research into AI safety and risk management, of dual-use foundation models for which the model weights are widely available; and (iii) potential voluntary, regulatory, and inter- national mechanisms to manage the risks and maxi- mize the benefits of dual-use foundation models for which the model weights are widely available; and (b) based on input from the process described in sub- section 4.6(a) of this section, and in consultation with the heads of other relevant agencies as the Secretary of Commerce deems appropriate, submit a report to the President on the potential benefits, risks, and implica- tions of dual-use foundation models for which the model weights are widely available, as well as policy and regulatory recommendations pertaining to those models. 4.7. Promoting Safe Release and Preventing the Malicious Use of Federal Data for AI Training. To improve public data access and manage security risks, and consistent with the objectives of the Open, Public, Electronic, and Necessary Government Data Act (title II of Public Law 115–435) [see Tables for classification] to expand public access to Federal data assets in a machine-readable for- mat while also taking into account security consider- ations, including the risk that information in an indi- vidual data asset in isolation does not pose a security risk but, when combined with other available informa- tion, may pose such a risk: (a) within 270 days of the date of this order, the Chief Data Officer Council, in consultation with the Sec- retary of Defense, the Secretary of Commerce, the Sec- retary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall develop initial guidelines for performing security reviews, in- cluding reviews to identify and manage the potential security risks of releasing Federal data that could aid in the development of CBRN weapons as well as the de- velopment of autonomous offensive cyber capabilities, while also providing public access to Federal Govern- ment data in line with the goals stated in the Open, Public, Electronic, and Necessary Government Data Act (title II of Public Law 115–435); and (b) within 180 days of the development of the initial guidelines required by subsection 4.7(a) of this section, agencies shall conduct a security review of all data as- sets in the comprehensive data inventory required under 44 U.S.C. 3511(a)(1) and (2)(B) and shall take steps, as appropriate and consistent with applicable law, to address the highest-priority potential security risks that releasing that data could raise with respect to CBRN weapons, such as the ways in which that data could be used to train AI systems. 4.8. Directing the Development of a National Security Memorandum. To develop a coordinated executive branch approach to managing AI’s security risks, the Assistant to the President for National Security Af- fairs and the Assistant to the President and Deputy Chief of Staff for Policy shall oversee an interagency process with the purpose of, within 270 days of the date of this order, developing and submitting a proposed Na- tional Security Memorandum on AI to the President. The memorandum shall address the governance of AI used as a component of a national security system or for military and intelligence purposes. The memo- randum shall take into account current efforts to gov- ern the development and use of AI for national security systems. The memorandum shall outline actions for the Department of Defense, the Department of State, other relevant agencies, and the Intelligence Commu- nity to address the national security risks and poten- tial benefits posed by AI. In particular, the memo- randum shall: (a) provide guidance to the Department of Defense, other relevant agencies, and the Intelligence Commu- nity on the continued adoption of AI capabilities to ad- vance the United States national security mission, in- cluding through directing specific AI assurance and risk-management practices for national security uses of AI that may affect the rights or safety of United States persons and, in appropriate contexts, non-United States persons; and (b) direct continued actions, as appropriate and con- sistent with applicable law, to address the potential use of AI systems by adversaries and other foreign actors in ways that threaten the capabilities or objectives of the Department of Defense or the Intelligence Commu- nity, or that otherwise pose risks to the security of the United States or its allies and partners. SEC. 5. Promoting Innovation and Competition. 5.1. Attracting AI Talent to the United States. (a) Within 90 days of the date of this order [Oct. 30, 2023], to at- tract and retain talent in AI and other critical and emerging technologies in the United States economy, the Secretary of State and the Secretary of Homeland Security shall take appropriate steps to: (i) streamline processing times of visa petitions and applications, including by ensuring timely availability of visa appointments, for noncitizens who seek to trav- el to the United States to work on, study, or conduct research in AI or other critical and emerging tech- nologies; and (ii) facilitate continued availability of visa appoint- ments in sufficient volume for applicants with exper- tise in AI or other critical and emerging technologies. (b) Within 120 days of the date of this order, the Sec- retary of State shall: Page 2577 TITLE 15—COMMERCE AND TRADE § 9401 (i) consider initiating a rulemaking to establish new criteria to designate countries and skills on the De- partment of State’s Exchange Visitor Skills List as it relates to the 2-year foreign residence requirement for certain J–1 nonimmigrants, including those skills that are critical to the United States; (ii) consider publishing updates to the 2009 Revised Exchange Visitor Skills List (74 FR 20108); and (iii) consider implementing a domestic visa renewal program under 22 CFR 41.111(b) to facilitate the ability of qualified applicants, including highly skilled talent in AI and critical and emerging technologies, to con- tinue their work in the United States without unneces- sary interruption. (c) Within 180 days of the date of this order, the Sec- retary of State shall: (i) consider initiating a rulemaking to expand the categories of nonimmigrants who qualify for the do- mestic visa renewal program covered under 22 CFR 41.111(b) to include academic J–1 research scholars and F–1 students in science, technology, engineering, and mathematics (STEM); and (ii) establish, to the extent permitted by law and available appropriations, a program to identify and at- tract top talent in AI and other critical and emerging technologies at universities, research institutions, and the private sector overseas, and to establish and in- crease connections with that talent to educate them on opportunities and resources for research and employ- ment in the United States, including overseas edu- cational components to inform top STEM talent of nonimmigrant and immigrant visa options and poten- tial expedited adjudication of their visa petitions and applications. (d) Within 180 days of the date of this order, the Sec- retary of Homeland Security shall: (i) review and initiate any policy changes the Sec- retary determines necessary and appropriate to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including O–1A and EB–1 noncitizens of extraordinary ability; EB–2 advanced-degree holders and noncitizens of excep- tional ability; and startup founders in AI and other critical and emerging technologies using the Inter- national Entrepreneur Rule; and (ii) continue its rulemaking process to modernize the H–1B program and enhance its integrity and usage, in- cluding by experts in AI and other critical and emerg- ing technologies, and consider initiating a rulemaking to enhance the process for noncitizens, including ex- perts in AI and other critical and emerging tech- nologies and their spouses, dependents, and children, to adjust their status to lawful permanent resident. (e) Within 45 days of the date of this order, for pur- poses of considering updates to the ‘‘Schedule A’’ list of occupations, 20 CFR 656.5, the Secretary of Labor shall publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities, identifying AI and other STEM-related occupations, as well as additional occupations across the economy, for which there is an insufficient number of ready, willing, able, and qualified United States workers. (f) The Secretary of State and the Secretary of Home- land Security shall, consistent with applicable law and implementing regulations, use their discretionary au- thorities to support and attract foreign nationals with special skills in AI and other critical and emerging technologies seeking to work, study, or conduct re- search in the United States. (g) Within 120 days of the date of this order, the Sec- retary of Homeland Security, in consultation with the Secretary of State, the Secretary of Commerce, and the Director of OSTP, shall develop and publish informa- tional resources to better attract and retain experts in AI and other critical and emerging technologies, in- cluding: (i) a clear and comprehensive guide for experts in AI and other critical and emerging technologies to under- stand their options for working in the United States, to be published in multiple relevant languages on AI.gov; and (ii) a public report with relevant data on applica- tions, petitions, approvals, and other key indicators of how experts in AI and other critical and emerging tech- nologies have utilized the immigration system through the end of Fiscal Year 2023. 5.2. Promoting Innovation. (a) To develop and strength- en public-private partnerships for advancing innova- tion, commercialization, and risk-mitigation methods for AI, and to help promote safe, responsible, fair, pri- vacy-protecting, and trustworthy AI systems, the Di- rector of NSF shall take the following steps: (i) Within 90 days of the date of this order, in coordi- nation with the heads of agencies that the Director of NSF deems appropriate, launch a pilot program imple- menting the National AI Research Resource (NAIRR), consistent with past recommendations of the NAIRR Task Force. The program shall pursue the infrastruc- ture, governance mechanisms, and user interfaces to pilot an initial integration of distributed computa- tional, data, model, and training resources to be made available to the research community in support of AI- related research and development. The Director of NSF shall identify Federal and private sector computa- tional, data, software, and training resources appro- priate for inclusion in the NAIRR pilot program. To as- sist with such work, within 45 days of the date of this order, the heads of agencies whom the Director of NSF identifies for coordination pursuant to this subsection shall each submit to the Director of NSF a report iden- tifying the agency resources that could be developed and integrated into such a pilot program. These reports shall include a description of such resources, including their current status and availability; their format, structure, or technical specifications; associated agen- cy expertise that will be provided; and the benefits and risks associated with their inclusion in the NAIRR pilot program. The heads of independent regulatory agencies are encouraged to take similar steps, as they deem appropriate. (ii) Within 150 days of the date of this order, fund and launch at least one NSF Regional Innovation Engine that prioritizes AI-related work, such as AI-related re- search, societal, or workforce needs. (iii) Within 540 days of the date of this order, estab- lish at least four new National AI Research Institutes, in addition to the 25 currently funded as of the date of this order. (b) Within 120 days of the date of this order, to sup- port activities involving high-performance and data-in- tensive computing, the Secretary of Energy, in coordi- nation with the Director of NSF, shall, in a manner consistent with applicable law and available appropria- tions, establish a pilot program to enhance existing successful training programs for scientists, with the goal of training 500 new researchers by 2025 capable of meeting the rising demand for AI talent. (c) To promote innovation and clarify issues related to AI and inventorship of patentable subject matter, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO Director) shall: (i) within 120 days of the date of this order, publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process, including illus- trative examples in which AI systems play different roles in inventive processes and how, in each example, inventorship issues ought to be analyzed; (ii) subsequently, within 270 days of the date of this order, issue additional guidance to USPTO patent ex- aminers and applicants to address other considerations at the intersection of AI and IP, which could include, as the USPTO Director deems necessary, updated guid- ance on patent eligibility to address innovation in AI and critical and emerging technologies; and (iii) within 270 days of the date of this order or 180 days after the United States Copyright Office of the Li- brary of Congress publishes its forthcoming AI study Page 2578 TITLE 15—COMMERCE AND TRADE § 9401 that will address copyright issues raised by AI, which- ever comes later, consult with the Director of the United States Copyright Office and issue recommenda- tions to the President on potential executive actions relating to copyright and AI. The recommendations shall address any copyright and related issues discussed in the United States Copyright Office’s study, including the scope of protection for works produced using AI and the treatment of copyrighted works in AI training. (d) Within 180 days of the date of this order, to assist developers of AI in combatting AI-related IP risks, the Secretary of Homeland Security, acting through the Director of the National Intellectual Property Rights Coordination Center, and in consultation with the At- torney General, shall develop a training, analysis, and evaluation program to mitigate AI-related IP risks. Such a program shall: (i) include appropriate personnel dedicated to col- lecting and analyzing reports of AI-related IP theft, in- vestigating such incidents with implications for na- tional security, and, where appropriate and consistent with applicable law, pursuing related enforcement ac- tions; (ii) implement a policy of sharing information and coordinating on such work, as appropriate and con- sistent with applicable law, with the Federal Bureau of Investigation; United States Customs and Border Pro- tection; other agencies; State and local agencies; and appropriate international organizations, including through work-sharing agreements; (iii) develop guidance and other appropriate resources to assist private sector actors with mitigating the risks of AI-related IP theft; (iv) share information and best practices with AI de- velopers and law enforcement personnel to identify in- cidents, inform stakeholders of current legal require- ments, and evaluate AI systems for IP law violations, as well as develop mitigation strategies and resources; and (v) assist the Intellectual Property Enforcement Co- ordinator in updating the Intellectual Property En- forcement Coordinator Joint Strategic Plan on Intel- lectual Property Enforcement to address AI-related issues. (e) To advance responsible AI innovation by a wide range of healthcare technology developers that pro- motes the welfare of patients and workers in the healthcare sector, the Secretary of HHS shall identify and, as appropriate and consistent with applicable law and the activities directed in section 8 of this order, prioritize grantmaking and other awards, as well as un- dertake related efforts, to support responsible AI devel- opment and use, including: (i) collaborating with appropriate private sector ac- tors through HHS programs that may support the ad- vancement of AI-enabled tools that develop personal- ized immune-response profiles for patients, consistent with section 4 of this order; (ii) prioritizing the allocation of 2024 Leading Edge Acceleration Project cooperative agreement awards to initiatives that explore ways to improve healthcare- data quality to support the responsible development of AI tools for clinical care, real-world-evidence pro- grams, population health, public health, and related re- search; and (iii) accelerating grants awarded through the Na- tional Institutes of Health Artificial Intelligence/Ma- chine Learning Consortium to Advance Health Equity and Researcher Diversity (AIM-AHEAD) program and showcasing current AIM-AHEAD activities in under- served communities. (f) To advance the development of AI systems that improve the quality of veterans’ healthcare, and in order to support small businesses’ innovative capacity, the Secretary of Veterans Affairs shall: (i) within 365 days of the date of this order, host two 3-month nationwide AI Tech Sprint competitions; and (ii) as part of the AI Tech Sprint competitions and in collaboration with appropriate partners, provide par- ticipants access to technical assistance, mentorship op- portunities, individualized expert feedback on products under development, potential contract opportunities, and other programming and resources. (g) Within 180 days of the date of this order, to sup- port the goal of strengthening our Nation’s resilience against climate change impacts and building an equi- table clean energy economy for the future, the Sec- retary of Energy, in consultation with the Chair of the Federal Energy Regulatory Commission, the Director of OSTP, the Chair of the Council on Environmental Quality, the Assistant to the President and National Climate Advisor, and the heads of other relevant agen- cies as the Secretary of Energy may deem appropriate, shall: (i) issue a public report describing the potential for AI to improve planning, permitting, investment, and operations for electric grid infrastructure and to enable the provision of clean, affordable, reliable, resilient, and secure electric power to all Americans; (ii) develop tools that facilitate building foundation models useful for basic and applied science, including models that streamline permitting and environmental reviews while improving environmental and social out- comes; (iii) collaborate, as appropriate, with private sector organizations and members of academia to support de- velopment of AI tools to mitigate climate change risks; (iv) take steps to expand partnerships with industry, academia, other agencies, and international allies and partners to utilize the Department of Energy’s com- puting capabilities and AI testbeds to build foundation models that support new applications in science and en- ergy, and for national security, including partnerships that increase community preparedness for climate-re- lated risks, enable clean-energy deployment (including addressing delays in permitting reviews), and enhance grid reliability and resilience; and (v) establish an office to coordinate development of AI and other critical and emerging technologies across Department of Energy programs and the 17 National Laboratories. (h) Within 180 days of the date of this order, to under- stand AI’s implications for scientific research, the President’s Council of Advisors on Science and Tech- nology shall submit to the President and make publicly available a report on the potential role of AI, especially given recent developments in AI, in research aimed at tackling major societal and global challenges. The re- port shall include a discussion of issues that may hinder the effective use of AI in research and practices needed to ensure that AI is used responsibly for re- search. 5.3. Promoting Competition. (a) The head of each agen- cy developing policies and regulations related to AI shall use their authorities, as appropriate and con- sistent with applicable law, to promote competition in AI and related technologies, as well as in other mar- kets. Such actions include addressing risks arising from concentrated control of key inputs, taking steps to stop unlawful collusion and prevent dominant firms from disadvantaging competitors, and working to pro- vide new opportunities for small businesses and entre- preneurs. In particular, the Federal Trade Commission is encouraged to consider, as it deems appropriate, whether to exercise the Commission’s existing authori- ties, including its rulemaking authority under the Fed- eral Trade Commission Act, 15 U.S.C. 41 et seq., to en- sure fair competition in the AI marketplace and to en- sure that consumers and workers are protected from harms that may be enabled by the use of AI. (b) To promote competition and innovation in the semiconductor industry, recognizing that semiconduc- tors power AI technologies and that their availability is critical to AI competition, the Secretary of Com- merce shall, in implementing division A of Public Law 117–167, known as the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act of 2022 [see Ta- bles for classification], promote competition by: (i) implementing a flexible membership structure for the National Semiconductor Technology Center that Page 2579 TITLE 15—COMMERCE AND TRADE § 9401 attracts all parts of the semiconductor and microelec- tronics ecosystem, including startups and small firms; (ii) implementing mentorship programs to increase interest and participation in the semiconductor indus- try, including from workers in underserved commu- nities; (iii) increasing, where appropriate and to the extent permitted by law, the availability of resources to startups and small businesses, including: (A) funding for physical assets, such as specialty equipment or facilities, to which startups and small businesses may not otherwise have access; (B) datasets—potentially including test and per- formance data—collected, aggregated, or shared by CHIPS research and development programs; (C) workforce development programs; (D) design and process technology, as well as IP, as appropriate; and (E) other resources, including technical and intel- lectual property assistance, that could accelerate commercialization of new technologies by startups and small businesses, as appropriate; and (iv) considering the inclusion, to the maximum ex- tent possible, and as consistent with applicable law, of competition-increasing measures in notices of funding availability for commercial research-and-development facilities focused on semiconductors, including meas- ures that increase access to facility capacity for startups or small firms developing semiconductors used to power AI technologies. (c) To support small businesses innovating and com- mercializing AI, as well as in responsibly adopting and deploying AI, the Administrator of the Small Business Administration shall: (i) prioritize the allocation of Regional Innovation Cluster program funding for clusters that support plan- ning activities related to the establishment of one or more Small Business AI Innovation and Commer- cialization Institutes that provide support, technical assistance, and other resources to small businesses seeking to innovate, commercialize, scale, or otherwise advance the development of AI; (ii) prioritize the allocation of up to $2 million in Growth Accelerator Fund Competition bonus prize funds for accelerators that support the incorporation or expansion of AI-related curricula, training, and tech- nical assistance, or other AI-related resources within their programming; and (iii) assess the extent to which the eligibility criteria of existing programs, including the State Trade Expan- sion Program, Technical and Business Assistance fund- ing, and capital-access programs—such as the 7(a) loan program, 504 loan program, and Small Business Invest- ment Company (SBIC) program—support appropriate expenses by small businesses related to the adoption of AI and, if feasible and appropriate, revise eligibility criteria to improve support for these expenses. (d) The Administrator of the Small Business Admin- istration, in coordination with resource partners, shall conduct outreach regarding, and raise awareness of, op- portunities for small businesses to use capital-access programs described in subsection 5.3(c) of this section for eligible AI-related purposes, and for eligible invest- ment funds with AI-related expertise—particularly those seeking to serve or with experience serving un- derserved communities—to apply for an SBIC license. SEC. 6. Supporting Workers. (a) To advance the Govern- ment’s understanding of AI’s implications for workers, the following actions shall be taken within 180 days of the date of this order [Oct. 30, 2023]: (i) The Chairman of the Council of Economic Advisers shall prepare and submit a report to the President on the labor-market effects of AI. (ii) To evaluate necessary steps for the Federal Gov- ernment to address AI-related workforce disruptions, the Secretary of Labor shall submit to the President a report analyzing the abilities of agencies to support workers displaced by the adoption of AI and other tech- nological advancements. The report shall, at a min- imum: (A) assess how current or formerly operational Fed- eral programs designed to assist workers facing job disruptions—including unemployment insurance and programs authorized by the Workforce Innovation and Opportunity Act (Public Law 113–128) [29 U.S.C. 3101 et seq.]—could be used to respond to possible fu- ture AI-related disruptions; and (B) identify options, including potential legislative measures, to strengthen or develop additional Fed- eral support for workers displaced by AI and, in con- sultation with the Secretary of Commerce and the Secretary of Education, strengthen and expand edu- cation and training opportunities that provide indi- viduals pathways to occupations related to AI. (b) To help ensure that AI deployed in the workplace advances employees’ well-being: (i) The Secretary of Labor shall, within 180 days of the date of this order and in consultation with other agencies and with outside entities, including labor unions and workers, as the Secretary of Labor deems appropriate, develop and publish principles and best practices for employers that could be used to mitigate AI’s potential harms to employees’ well-being and maximize its potential benefits. The principles and best practices shall include specific steps for employers to take with regard to AI, and shall cover, at a minimum: (A) job-displacement risks and career opportunities related to AI, including effects on job skills and eval- uation of applicants and workers; (B) labor standards and job quality, including issues related to the equity, protected-activity, compensa- tion, health, and safety implications of AI in the workplace; and (C) implications for workers of employers’ AI-re- lated collection and use of data about them, includ- ing transparency, engagement, management, and ac- tivity protected under worker-protection laws. (ii) After principles and best practices are developed pursuant to subsection (b)(i) of this section, the heads of agencies shall consider, in consultation with the Secretary of Labor, encouraging the adoption of these guidelines in their programs to the extent appropriate for each program and consistent with applicable law. (iii) To support employees whose work is monitored or augmented by AI in being compensated appro- priately for all of their work time, the Secretary of Labor shall issue guidance to make clear that employ- ers that deploy AI to monitor or augment employees’ work must continue to comply with protections that ensure that workers are compensated for their hours worked, as defined under the Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq., and other legal require- ments. (c) To foster a diverse AI-ready workforce, the Direc- tor of NSF shall prioritize available resources to sup- port AI-related education and AI-related workforce de- velopment through existing programs. The Director shall additionally consult with agencies, as appro- priate, to identify further opportunities for agencies to allocate resources for those purposes. The actions by the Director shall use appropriate fellowship programs and awards for these purposes. SEC. 7. Advancing Equity and Civil Rights. 7.1. Strengthening AI and Civil Rights in the Criminal Justice System. (a) To address unlawful discrimination and other harms that may be exacerbated by AI, the Attorney General shall: (i) consistent with Executive Order 12250 of November 2, 1980 (Leadership and Coordination of [Implementa- tion and Enforcement of] Nondiscrimination Laws) [42 U.S.C. 2000d–1 note], Executive Order 14091, and 28 CFR 0.50–51, coordinate with and support agencies in their implementation and enforcement of existing Federal laws to address civil rights and civil liberties violations and discrimination related to AI; (ii) direct the Assistant Attorney General in charge of the Civil Rights Division to convene, within 90 days of the date of this order, a meeting of the heads of Fed- eral civil rights offices—for which meeting the heads of civil rights offices within independent regulatory agen- Page 2580 TITLE 15—COMMERCE AND TRADE § 9401 cies will be encouraged to join—to discuss comprehen- sive use of their respective authorities and offices to: prevent and address discrimination in the use of auto- mated systems, including algorithmic discrimination; increase coordination between the Department of Jus- tice’s Civil Rights Division and Federal civil rights of- fices concerning issues related to AI and algorithmic discrimination; improve external stakeholder engage- ment to promote public awareness of potential dis- criminatory uses and effects of AI; and develop, as ap- propriate, additional training, technical assistance, guidance, or other resources; and (iii) consider providing, as appropriate and consistent with applicable law, guidance, technical assistance, and training to State, local, Tribal, and territorial inves- tigators and prosecutors on best practices for inves- tigating and prosecuting civil rights violations and dis- crimination related to automated systems, including AI. (b) To promote the equitable treatment of individuals and adhere to the Federal Government’s fundamental obligation to ensure fair and impartial justice for all, with respect to the use of AI in the criminal justice system, the Attorney General shall, in consultation with the Secretary of Homeland Security and the Di- rector of OSTP: (i) within 365 days of the date of this order, submit to the President a report that addresses the use of AI in the criminal justice system, including any use in: (A) sentencing; (B) parole, supervised release, and probation; (C) bail, pretrial release, and pretrial detention; (D) risk assessments, including pretrial, earned time, and early release or transfer to home-confine- ment determinations; (E) police surveillance; (F) crime forecasting and predictive policing, in- cluding the ingestion of historical crime data into AI systems to predict high-density ‘‘hot spots’’; (G) prison-management tools; and (H) forensic analysis; (ii) within the report set forth in subsection 7.1(b)(i) of this section: (A) identify areas where AI can enhance law en- forcement efficiency and accuracy, consistent with protections for privacy, civil rights, and civil lib- erties; and (B) recommend best practices for law enforcement agencies, including safeguards and appropriate use limits for AI, to address the concerns set forth in sec- tion 13(e)(i) of Executive Order 14074 as well as the best practices and the guidelines set forth in section 13(e)(iii) of Executive Order 14074; and (iii) supplement the report set forth in subsection 7.1(b)(i) of this section as appropriate with rec- ommendations to the President, including with respect to requests for necessary legislation. (c) To advance the presence of relevant technical ex- perts and expertise (such as machine-learning engi- neers, software and infrastructure engineering, data privacy experts, data scientists, and user experience re- searchers) among law enforcement professionals: (i) The interagency working group created pursuant to section 3 of Executive Order 14074 shall, within 180 days of the date of this order, identify and share best practices for recruiting and hiring law enforcement professionals who have the technical skills mentioned in subsection 7.1(c) of this section, and for training law enforcement professionals about responsible applica- tion of AI. (ii) Within 270 days of the date of this order, the At- torney General shall, in consultation with the Sec- retary of Homeland Security, consider those best prac- tices and the guidance developed under section 3(d) of Executive Order 14074 and, if necessary, develop addi- tional general recommendations for State, local, Trib- al, and territorial law enforcement agencies and crimi- nal justice agencies seeking to recruit, hire, train, pro- mote, and retain highly qualified and service-oriented officers and staff with relevant technical knowledge. In considering this guidance, the Attorney General shall consult with State, local, Tribal, and territorial law en- forcement agencies, as appropriate. (iii) Within 365 days of the date of this order, the At- torney General shall review the work conducted pursu- ant to section 2(b) of Executive Order 14074 and, if ap- propriate, reassess the existing capacity to investigate law enforcement deprivation of rights under color of law resulting from the use of AI, including through im- proving and increasing training of Federal law enforce- ment officers, their supervisors, and Federal prosecu- tors on how to investigate and prosecute cases related to AI involving the deprivation of rights under color of law pursuant to 18 U.S.C. 242. 7.2. Protecting Civil Rights Related to Government Bene- fits and Programs. (a) To advance equity and civil rights, consistent with the directives of Executive Order 14091, and in addition to complying with the guidance on Federal Government use of AI issued pur- suant to section 10.1(b) of this order, agencies shall use their respective civil rights and civil liberties offices and authorities—as appropriate and consistent with ap- plicable law—to prevent and address unlawful discrimi- nation and other harms that result from uses of AI in Federal Government programs and benefits administra- tion. This directive does not apply to agencies’ civil or criminal enforcement authorities. Agencies shall con- sider opportunities to ensure that their respective civil rights and civil liberties offices are appropriately con- sulted on agency decisions regarding the design, devel- opment, acquisition, and use of AI in Federal Govern- ment programs and benefits administration. To further these objectives, agencies shall also consider opportu- nities to increase coordination, communication, and engagement about AI as appropriate with community- based organizations; civil-rights and civil-liberties or- ganizations; academic institutions; industry; State, local, Tribal, and territorial governments; and other stakeholders. (b) To promote equitable administration of public benefits: (i) The Secretary of HHS shall, within 180 days of the date of this order and in consultation with relevant agencies, publish a plan, informed by the guidance issued pursuant to section 10.1(b) of this order, address- ing the use of automated or algorithmic systems in the implementation by States and localities of public bene- fits and services administered by the Secretary, such as to promote: assessment of access to benefits by quali- fied recipients; notice to recipients about the presence of such systems; regular evaluation to detect unjust de- nials; processes to retain appropriate levels of discre- tion of expert agency staff; processes to appeal denials to human reviewers; and analysis of whether algo- rithmic systems in use by benefit programs achieve eq- uitable and just outcomes. (ii) The Secretary of Agriculture shall, within 180 days of the date of this order and as informed by the guidance issued pursuant to section 10.1(b) of this order, issue guidance to State, local, Tribal, and terri- torial public-benefits administrators on the use of automated or algorithmic systems in implementing benefits or in providing customer support for benefit programs administered by the Secretary, to ensure that programs using those systems: (A) maximize program access for eligible recipients; (B) employ automated or algorithmic systems in a manner consistent with any requirements for using merit systems personnel in public-benefits programs; (C) identify instances in which reliance on auto- mated or algorithmic systems would require notifica- tion by the State, local, Tribal, or territorial govern- ment to the Secretary; (D) identify instances when applicants and partici- pants can appeal benefit determinations to a human reviewer for reconsideration and can receive other customer support from a human being; (E) enable auditing and, if necessary, remediation of the logic used to arrive at an individual decision or determination to facilitate the evaluation of appeals; and Page 2581 TITLE 15—COMMERCE AND TRADE § 9401 (F) enable the analysis of whether algorithmic sys- tems in use by benefit programs achieve equitable outcomes. 7.3. Strengthening AI and Civil Rights in the Broader Economy. (a) Within 365 days of the date of this order, to prevent unlawful discrimination from AI used for hiring, the Secretary of Labor shall publish guidance for Federal contractors regarding nondiscrimination in hiring involving AI and other technology-based hiring systems. (b) To address discrimination and biases against pro- tected groups in housing markets and consumer finan- cial markets, the Director of the Federal Housing Fi- nance Agency and the Director of the Consumer Finan- cial Protection Bureau are encouraged to consider using their authorities, as they deem appropriate, to require their respective regulated entities, where pos- sible, to use appropriate methodologies including AI tools to ensure compliance with Federal law and: (i) evaluate their underwriting models for bias or dis- parities affecting protected groups; and (ii) evaluate automated collateral-valuation and ap- praisal processes in ways that minimize bias. (c) Within 180 days of the date of this order, to com- bat unlawful discrimination enabled by automated or algorithmic tools used to make decisions about access to housing and in other real estate-related trans- actions, the Secretary of Housing and Urban Develop- ment shall, and the Director of the Consumer Financial Protection Bureau is encouraged to, issue additional guidance: (i) addressing the use of tenant screening systems in ways that may violate the Fair Housing Act (Public Law 90–284) [42 U.S.C. 3601 et seq.], the Fair Credit Re- porting Act ([title VI of Pub. L. 90–321, as added by] Public Law 91–508) [15 U.S.C. 1681 et seq.], or other rel- evant Federal laws, including how the use of data, such as criminal records, eviction records, and credit infor- mation, can lead to discriminatory outcomes in viola- tion of Federal law; and (ii) addressing how the Fair Housing Act, the Con- sumer Financial Protection Act of 2010 (title X of Pub- lic Law 111–203) [see Tables for classification], or the Equal Credit Opportunity Act ([title VII of Pub. L. 90–321, as added by] Public Law 93–495) [15 U.S.C. 1691 et seq.] apply to the advertising of housing, credit, and other real estate-related transactions through digital platforms, including those that use algorithms to fa- cilitate advertising delivery, as well as on best prac- tices to avoid violations of Federal law. (d) To help ensure that people with disabilities ben- efit from AI’s promise while being protected from its risks, including unequal treatment from the use of bio- metric data like gaze direction, eye tracking, gait anal- ysis, and hand motions, the Architectural and Trans- portation Barriers Compliance Board is encouraged, as it deems appropriate, to solicit public participation and conduct community engagement; to issue technical as- sistance and recommendations on the risks and bene- fits of AI in using biometric data as an input; and to provide people with disabilities access to information and communication technology and transportation services. SEC. 8. Protecting Consumers, Patients, Passengers, and Students. (a) Independent regulatory agencies are en- couraged, as they deem appropriate, to consider using their full range of authorities to protect American con- sumers from fraud, discrimination, and threats to pri- vacy 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 clari- fying where existing regulations and guidance apply to AI, including clarifying the responsibility of regulated entities to conduct due diligence on and monitor any third-party AI services they use, and emphasizing or clarifying requirements and expectations related to the transparency of AI models and regulated entities’ abil- ity to explain their use of AI models. (b) To help ensure the safe, responsible deployment and use of AI in the healthcare, public-health, and human-services sectors: (i) Within 90 days of the date of this order [Oct. 30, 2023], the Secretary of HHS shall, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, establish an HHS AI Task Force that shall, within 365 days of its creation, develop a strategic plan that includes policies and frameworks—possibly includ- ing regulatory action, as appropriate—on responsible deployment and use of AI and AI-enabled technologies in the health and human services sector (including re- search and discovery, drug and device safety, healthcare delivery and financing, and public health), and identify appropriate guidance and resources to pro- mote that deployment, including in the following areas: (A) development, maintenance, and use of pre- dictive and generative AI-enabled technologies in healthcare delivery and financing—including quality measurement, performance improvement, program integrity, benefits administration, and patient expe- rience—taking into account considerations such as appropriate human oversight of the application of AI- generated output; (B) long-term safety and real-world performance monitoring of AI-enabled technologies in the health and human services sector, including clinically rel- evant or significant modifications and performance across population groups, with a means to commu- nicate product updates to regulators, developers, and users; (C) incorporation of equity principles in AI-enabled technologies used in the health and human services sector, using disaggregated data on affected popu- lations and representative population data sets when developing new models, monitoring algorithmic per- formance against discrimination and bias in existing models, and helping to identify and mitigate dis- crimination and bias in current systems; (D) incorporation of safety, privacy, and security standards into the software-development lifecycle for protection of personally identifiable information, in- cluding measures to address AI-enhanced cybersecurity threats in the health and human serv- ices sector; (E) development, maintenance, and availability of documentation to help users determine appropriate and safe uses of AI in local settings in the health and human services sector; (F) work to be done with State, local, Tribal, and territorial health and human services agencies to ad- vance positive use cases and best practices for use of AI in local settings; and (G) identification of uses of AI to promote work- place efficiency and satisfaction in the health and human services sector, including reducing adminis- trative burdens. (ii) Within 180 days of the date of this order, the Sec- retary of HHS shall direct HHS components, as the Sec- retary of HHS deems appropriate, to develop a strat- egy, in consultation with relevant agencies, to deter- mine whether AI-enabled technologies in the health and human services sector maintain appropriate levels of quality, including, as appropriate, in the areas de- scribed in subsection (b)(i) of this section. This work shall include the development of AI assurance policy— to evaluate important aspects of the performance of AI- enabled healthcare tools—and infrastructure needs for enabling pre-market assessment and post-market over- sight of AI-enabled healthcare-technology algorithmic system performance against real-world data. (iii) Within 180 days of the date of this order, the Sec- retary of HHS shall, in consultation with relevant agencies as the Secretary of HHS deems appropriate, consider appropriate actions to advance the prompt un- derstanding of, and compliance with, Federal non- discrimination laws by health and human services pro- viders that receive Federal financial assistance, as well as how those laws relate to AI. Such actions may in- clude: (A) convening and providing technical assistance to health and human services providers and payers Page 2582 TITLE 15—COMMERCE AND TRADE § 9401 about their obligations under Federal nondiscrimina- tion and privacy laws as they relate to AI and the po- tential consequences of noncompliance; and (B) issuing guidance, or taking other action as ap- propriate, in response to any complaints or other re- ports of noncompliance with Federal nondiscrimina- tion and privacy laws as they relate to AI. (iv) Within 365 days of the date of this order, the Sec- retary of HHS shall, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, estab- lish an AI safety program that, in partnership with vol- untary federally listed Patient Safety Organizations: (A) establishes a common framework for ap- proaches to identifying and capturing clinical errors resulting from AI deployed in healthcare settings as well as specifications for a central tracking reposi- tory for associated incidents that cause harm, includ- ing through bias or discrimination, to patients, care- givers, or other parties; (B) analyzes captured data and generated evidence to develop, wherever appropriate, recommendations, best practices, or other informal guidelines aimed at avoiding these harms; and (C) disseminates those recommendations, best prac- tices, or other informal guidance to appropriate stakeholders, including healthcare providers. (v) Within 365 days of the date of this order, the Sec- retary of HHS shall develop a strategy for regulating the use of AI or AI-enabled tools in drug-development processes. The strategy shall, at a minimum: (A) define the objectives, goals, and high-level prin- ciples required for appropriate regulation throughout each phase of drug development; (B) identify areas where future rulemaking, guid- ance, or additional statutory authority may be nec- essary to implement such a regulatory system; (C) identify the existing budget, resources, per- sonnel, and potential for new public/private partner- ships necessary for such a regulatory system; and (D) consider risks identified by the actions under- taken to implement section 4 of this order. (c) To promote the safe and responsible development and use of AI in the transportation sector, in consulta- tion with relevant agencies: (i) Within 30 days of the date of this order, the Sec- retary of Transportation shall direct the Nontradi- tional and Emerging Transportation Technology (NETT) Council to assess the need for information, technical assistance, and guidance regarding the use of AI in transportation. The Secretary of Transportation shall further direct the NETT Council, as part of any such efforts, to: (A) support existing and future initiatives to pilot transportation-related applications of AI, as they align with policy priorities articulated in the Depart- ment of Transportation’s (DOT) Innovation Prin- ciples, including, as appropriate, through technical assistance and connecting stakeholders; (B) evaluate the outcomes of such pilot programs in order to assess when DOT, or other Federal or State agencies, have sufficient information to take regu- latory actions, as appropriate, and recommend appro- priate actions when that information is available; and (C) establish a new DOT Cross-Modal Executive Working Group, which will consist of members from different divisions of DOT and coordinate applicable work among these divisions, to solicit and use rel- evant input from appropriate stakeholders. (ii) Within 90 days of the date of this order, the Sec- retary of Transportation shall direct appropriate Fed- eral Advisory Committees of the DOT to provide advice on the safe and responsible use of AI in transportation. The committees shall include the Advanced Aviation Advisory Committee, the Transforming Transportation Advisory Committee, and the Intelligent Transpor- tation Systems Program Advisory Committee. (iii) Within 180 days of the date of this order, the Sec- retary of Transportation shall direct the Advanced Re- search Projects Agency-Infrastructure (ARPA–I) to ex- plore the transportation-related opportunities and challenges of AI—including regarding software-defined AI enhancements impacting autonomous mobility eco- systems. The Secretary of Transportation shall further encourage ARPA–I to prioritize the allocation of grants to those opportunities, as appropriate. The work tasked to ARPA–I shall include soliciting input on these topics through a public consultation process, such as an RFI. (d) To help ensure the responsible development and deployment of AI in the education sector, the Sec- retary of Education shall, within 365 days of the date of this order, develop resources, policies, and guidance re- garding AI. These resources shall address safe, respon- sible, and nondiscriminatory uses of AI in education, including the impact AI systems have on vulnerable and underserved communities, and shall be developed in consultation with stakeholders as appropriate. They shall also include the development of an ‘‘AI toolkit’’ for education leaders implementing recommendations from the Department of Education’s AI and the Future of Teaching and Learning report, including appropriate human review of AI decisions, designing AI systems to enhance trust and safety and align with privacy-related laws and regulations in the educational context, and developing education-specific guardrails. (e) The Federal Communications Commission is en- couraged to consider actions related to how AI will af- fect communications networks and consumers, includ- ing by: (i) examining the potential for AI to improve spec- trum management, increase the efficiency of non-Fed- eral spectrum usage, and expand opportunities for the sharing of non-Federal spectrum; (ii) coordinating with the National Telecommuni- cations and Information Administration to create op- portunities for sharing spectrum between Federal and non-Federal spectrum operations; (iii) providing support for efforts to improve network security, resiliency, and interoperability using next- generation technologies that incorporate AI, including self-healing networks, 6G, and Open RAN; and (iv) encouraging, including through rulemaking, ef- forts to combat unwanted robocalls and robotexts that are facilitated or exacerbated by AI and to deploy AI technologies that better serve consumers by blocking unwanted robocalls and robotexts. SEC. 9. Protecting Privacy. (a) To mitigate privacy risks potentially exacerbated by AI—including by AI’s facilitation of the collection or use of information about individuals, or the making of inferences about individuals—the Director of OMB shall: (i) evaluate and take steps to identify commercially available information (CAI) procured by agencies, par- ticularly CAI that contains personally identifiable in- formation and including CAI procured from data bro- kers and CAI procured and processed indirectly through vendors, in appropriate agency inventory and reporting processes (other than when it is used for the purposes of national security); (ii) evaluate, in consultation with the Federal Pri- vacy Council and the Interagency Council on Statis- tical Policy, agency standards and procedures associ- ated with the collection, processing, maintenance, use, sharing, dissemination, and disposition of CAI that contains personally identifiable information (other than when it is used for the purposes of national secu- rity) to inform potential guidance to agencies on ways to mitigate privacy and confidentiality risks from agencies’ activities related to CAI; (iii) within 180 days of the date of this order, in con- sultation with the Attorney General, the Assistant to the President for Economic Policy, and the Director of OSTP, issue an RFI to inform potential revisions to guidance to agencies on implementing the privacy pro- visions of the E-Government Act of 2002 (Public Law 107–347) [see Tables for classification]. The RFI shall seek feedback regarding how privacy impact assess- ments may be more effective at mitigating privacy risks, including those that are further exacerbated by AI; and Page 2583 TITLE 15—COMMERCE AND TRADE § 9401 (iv) take such steps as are necessary and appropriate, consistent with applicable law, to support and advance the near-term actions and long-term strategy identi- fied through the RFI process, including issuing new or updated guidance or RFIs or consulting other agencies or the Federal Privacy Council. (b) Within 365 days of the date of this order, to better enable agencies to use PETs to safeguard Americans’ privacy from the potential threats exacerbated by AI, the Secretary of Commerce, acting through the Direc- tor of NIST, shall create guidelines for agencies to evaluate the efficacy of differential-privacy-guarantee protections, including for AI. The guidelines shall, at a minimum, describe the significant factors that bear on differential-privacy safeguards and common risks to re- alizing differential privacy in practice. (c) To advance research, development, and implemen- tation related to PETs: (i) Within 120 days of the date of this order, the Direc- tor of NSF, in collaboration with the Secretary of En- ergy, shall fund the creation of a Research Coordina- tion Network (RCN) dedicated to advancing privacy re- search and, in particular, the development, deploy- ment, and scaling of PETs. The RCN shall serve to en- able privacy researchers to share information, coordi- nate and collaborate in research, and develop standards for the privacy-research community. (ii) Within 240 days of the date of this order, the Di- rector of NSF shall engage with agencies to identify ongoing work and potential opportunities to incor- porate PETs into their operations. The Director of NSF shall, where feasible and appropriate, prioritize re- search—including efforts to translate research discov- eries into practical applications—that encourage the adoption of leading-edge PETs solutions for agencies’ use, including through research engagement through the RCN described in subsection (c)(i) of this section. (iii) The Director of NSF shall use the results of the United States-United Kingdom PETs Prize Challenge to inform the approaches taken, and opportunities identi- fied, for PETs research and adoption. SEC. 10. Advancing Federal Government Use of AI. 10.1. Providing Guidance for AI Management. (a) To co- ordinate the use of AI across the Federal Government, within 60 days of the date of this order [Oct. 30, 2023] and on an ongoing basis as necessary, the Director of OMB shall convene and chair an interagency council to coordinate the development and use of AI in agencies’ programs and operations, other than the use of AI in national security systems. The Director of OSTP shall serve as Vice Chair for the interagency council. The interagency council’s membership shall include, at minimum, the heads of the agencies identified in 31 U.S.C. 901(b), the Director of National Intelligence, and other agencies as identified by the Chair. Until agen- cies designate their permanent Chief AI Officers con- sistent with the guidance described in subsection 10.1(b) of this section, they shall be represented on the inter- agency council by an appropriate official at the Assist- ant Secretary level or equivalent, as determined by the head of each agency. (b) To provide guidance on Federal Government use of AI, within 150 days of the date of this order and up- dated periodically thereafter, the Director of OMB, in coordination with the Director of OSTP, and in con- sultation with the interagency council established in subsection 10.1(a) of this section, shall issue guidance to agencies to strengthen the effective and appropriate use of AI, advance AI innovation, and manage risks from AI in the Federal Government. The Director of OMB’s guidance shall specify, to the extent appropriate and consistent with applicable law: (i) the requirement to designate at each agency with- in 60 days of the issuance of the guidance a Chief Artifi- cial Intelligence Officer who shall hold primary respon- sibility in their agency, in coordination with other re- sponsible officials, for coordinating their agency’s use of AI, promoting AI innovation in their agency, man- aging risks from their agency’s use of AI, and carrying out the responsibilities described in section 8(c) of Ex- ecutive Order 13960 of December 3, 2020 (Promoting the Use of Trustworthy Artificial Intelligence in the Fed- eral Government) [40 U.S.C. 11301 note], and section 4(b) of Executive Order 14091; (ii) the Chief Artificial Intelligence Officers’ roles, re- sponsibilities, seniority, position, and reporting struc- tures; (iii) for the agencies identified in 31 U.S.C. 901(b), the creation of internal Artificial Intelligence Governance Boards, or other appropriate mechanisms, at each agen- cy within 60 days of the issuance of the guidance to co- ordinate and govern AI issues through relevant senior leaders from across the agency; (iv) required minimum risk-management practices for Government uses of AI that impact people’s rights or safety, including, where appropriate, the following practices derived from OSTP’s Blueprint for an AI Bill of Rights and the NIST AI Risk Management Frame- work: conducting public consultation; assessing data quality; assessing and mitigating disparate impacts and algorithmic discrimination; providing notice of the use of AI; continuously monitoring and evaluating de- ployed AI; and granting human consideration and rem- edies for adverse decisions made using AI; (v) specific Federal Government uses of AI that are presumed by default to impact rights or safety; (vi) recommendations to agencies to reduce barriers to the responsible use of AI, including barriers related to information technology infrastructure, data, work- force, budgetary restrictions, and cybersecurity proc- esses; (vii) requirements that agencies identified in 31 U.S.C. 901(b) develop AI strategies and pursue high-im- pact AI use cases; (viii) in consultation with the Secretary of Com- merce, the Secretary of Homeland Security, and the heads of other appropriate agencies as determined by the Director of OMB, recommendations to agencies re- garding: (A) external testing for AI, including AI red- teaming for generative AI, to be developed in coordi- nation with the Cybersecurity and Infrastructure Se- curity Agency; (B) testing and safeguards against discriminatory, misleading, inflammatory, unsafe, or deceptive out- puts, as well as against producing child sexual abuse material and against producing non-consensual inti- mate imagery of real individuals (including intimate digital depictions of the body or body parts of an identifiable individual), for generative AI; (C) reasonable steps to watermark or otherwise label output from generative AI; (D) application of the mandatory minimum risk- management practices defined under subsection 10.1(b)(iv) of this section to procured AI; (E) independent evaluation of vendors’ claims con- cerning both the effectiveness and risk mitigation of their AI offerings; (F) documentation and oversight of procured AI; (G) maximizing the value to agencies when relying on contractors to use and enrich Federal Government data for the purposes of AI development and oper- ation; (H) provision of incentives for the continuous im- provement of procured AI; and (I) training on AI in accordance with the principles set out in this order and in other references related to AI listed herein; and (ix) requirements for public reporting on compliance with this guidance. (c) To track agencies’ AI progress, within 60 days of the issuance of the guidance established in subsection 10.1(b) of this section and updated periodically there- after, the Director of OMB shall develop a method for agencies to track and assess their ability to adopt AI into their programs and operations, manage its risks, and comply with Federal policy on AI. This method should draw on existing related efforts as appropriate and should address, as appropriate and consistent with applicable law, the practices, processes, and capabili- Page 2584 TITLE 15—COMMERCE AND TRADE § 9401 ties necessary for responsible AI adoption, training, and governance across, at a minimum, the areas of in- formation technology infrastructure, data, workforce, leadership, and risk management. (d) To assist agencies in implementing the guidance to be established in subsection 10.1(b) of this section: (i) within 90 days of the issuance of the guidance, the Secretary of Commerce, acting through the Director of NIST, and in coordination with the Director of OMB and the Director of OSTP, shall develop guidelines, tools, and practices to support implementation of the minimum risk-management practices described in sub- section 10.1(b)(iv) of this section; and (ii) within 180 days of the issuance of the guidance, the Director of OMB shall develop an initial means to ensure that agency contracts for the acquisition of AI systems and services align with the guidance described in subsection 10.1(b) of this section and advance the other aims identified in section 7224(d)(1) of the Ad- vancing American AI Act (Public Law 117–263, div. G, title LXXII, subtitle B) [40 U.S.C. 11301 note]. (e) To improve transparency for agencies’ use of AI, the Director of OMB shall, on an annual basis, issue in- structions to agencies for the collection, reporting, and publication of agency AI use cases, pursuant to section 7225(a) of the Advancing American AI Act [40 U.S.C. 11301 note]. Through these instructions, the Director shall, as appropriate, expand agencies’ reporting on how they are managing risks from their AI use cases and update or replace the guidance originally estab- lished in section 5 of Executive Order 13960. (f) To advance the responsible and secure use of gen- erative AI in the Federal Government: (i) As generative AI products become widely available and common in online platforms, agencies are discour- aged from imposing broad general bans or blocks on agency use of generative AI. Agencies should instead limit access, as necessary, to specific generative AI services based on specific risk assessments; establish guidelines and limitations on the appropriate use of generative AI; and, with appropriate safeguards in place, provide their personnel and programs with access to secure and reliable generative AI capabilities, at least for the purposes of experimentation and routine tasks that carry a low risk of impacting Americans’ rights. To protect Federal Government information, agencies are also encouraged to employ risk-manage- ment practices, such as training their staff on proper use, protection, dissemination, and disposition of Fed- eral information; negotiating appropriate terms of service with vendors; implementing measures designed to ensure compliance with record-keeping, cybersecurity, confidentiality, privacy, and data pro- tection requirements; and deploying other measures to prevent misuse of Federal Government information in generative AI. (ii) Within 90 days of the date of this order, the Ad- ministrator of General Services, in coordination with the Director of OMB, and in consultation with the Fed- eral Secure Cloud Advisory Committee and other rel- evant agencies as the Administrator of General Serv- ices may deem appropriate, shall develop and issue a framework for prioritizing critical and emerging tech- nologies offerings in the Federal Risk and Authoriza- tion Management Program authorization process, starting with generative AI offerings that have the pri- mary purpose of providing large language model-based chat interfaces, code-generation and debugging tools, and associated application programming interfaces, as well as prompt-based image generators. This frame- work shall apply for no less than 2 years from the date of its issuance. Agency Chief Information Officers, Chief Information Security Officers, and authorizing officials are also encouraged to prioritize generative AI and other critical and emerging technologies in grant- ing authorities for agency operation of information technology systems and any other applicable release or oversight processes, using continuous authorizations and approvals wherever feasible. (iii) Within 180 days of the date of this order, the Di- rector of the Office of Personnel Management (OPM), in coordination with the Director of OMB, shall develop guidance on the use of generative AI for work by the Federal workforce. (g) Within 30 days of the date of this order, to in- crease agency investment in AI, the Technology Mod- ernization Board shall consider, as it deems appropriate and consistent with applicable law, prioritizing funding for AI projects for the Technology Modernization Fund for a period of at least 1 year. Agencies are encouraged to submit to the Technology Modernization Fund project funding proposals that include AI—and particu- larly generative AI—in service of mission delivery. (h) Within 180 days of the date of this order, to facili- tate agencies’ access to commercial AI capabilities, the Administrator of General Services, in coordination with the Director of OMB, and in collaboration with the Secretary of Defense, the Secretary of Homeland Security, the Director of National Intelligence, the Ad- ministrator of the National Aeronautics and Space Ad- ministration, and the head of any other agency identi- fied by the Administrator of General Services, shall take steps consistent with applicable law to facilitate access to Federal Government-wide acquisition solu- tions for specified types of AI services and products, such as through the creation of a resource guide or other tools to assist the acquisition workforce. Speci- fied types of AI capabilities shall include generative AI and specialized computing infrastructure. (i) The initial means, instructions, and guidance issued pursuant to subsections 10.1(a)–(h) of this section shall not apply to AI when it is used as a component of a national security system, which shall be addressed by the proposed National Security Memorandum described in subsection 4.8 of this order. 10.2. Increasing AI Talent in Government. (a) Within 45 days of the date of this order, to plan a national surge in AI talent in the Federal Government, the Director of OSTP and the Director of OMB, in consultation with the Assistant to the President for National Security Affairs, the Assistant to the President for Economic Policy, the Assistant to the President and Domestic Policy Advisor, and the Assistant to the President and Director of the Gender Policy Council, shall identify priority mission areas for increased Federal Govern- ment AI talent, the types of talent that are highest pri- ority to recruit and develop to ensure adequate imple- mentation of this order and use of relevant enforce- ment and regulatory authorities to address AI risks, and accelerated hiring pathways. (b) Within 45 days of the date of this order, to coordi- nate rapid advances in the capacity of the Federal AI workforce, the Assistant to the President and Deputy Chief of Staff for Policy, in coordination with the Di- rector of OSTP and the Director of OMB, and in con- sultation with the National Cyber Director, shall con- vene an AI and Technology Talent Task Force, which shall include the Director of OPM, the Director of the General Services Administration’s Technology Trans- formation Services, a representative from the Chief Human Capital Officers Council, the Assistant to the President for Presidential Personnel, members of ap- propriate agency technology talent programs, a rep- resentative of the Chief Data Officer Council, and a rep- resentative of the interagency council convened under subsection 10.1(a) of this section. The Task Force’s pur- pose shall be to accelerate and track the hiring of AI and AI-enabling talent across the Federal Government, including through the following actions: (i) within 180 days of the date of this order, tracking and reporting progress to the President on increasing AI capacity across the Federal Government, including submitting to the President a report and recommenda- tions for further increasing capacity; (ii) identifying and circulating best practices for agencies to attract, hire, retain, train, and empower AI talent, including diversity, inclusion, and accessibility best practices, as well as to plan and budget adequately for AI workforce needs; (iii) coordinating, in consultation with the Director of OPM, the use of fellowship programs and agency Page 2585 TITLE 15—COMMERCE AND TRADE § 9401 technology-talent programs and human-capital teams to build hiring capabilities, execute hires, and place AI talent to fill staffing gaps; and (iv) convening a cross-agency forum for ongoing col- laboration between AI professionals to share best prac- tices and improve retention. (c) Within 45 days of the date of this order, to ad- vance existing Federal technology talent programs, the United States Digital Service, Presidential Innovation Fellowship, United States Digital Corps, OPM, and technology talent programs at agencies, with support from the AI and Technology Talent Task Force de- scribed in subsection 10.2(b) of this section, as appro- priate and permitted by law, shall develop and begin to implement plans to support the rapid recruitment of individuals as part of a Federal Government-wide AI talent surge to accelerate the placement of key AI and AI-enabling talent in high-priority areas and to ad- vance agencies’ data and technology strategies. (d) To meet the critical hiring need for qualified per- sonnel to execute the initiatives in this order, and to improve Federal hiring practices for AI talent, the Di- rector of OPM, in consultation with the Director of OMB, shall: (i) within 60 days of the date of this order, conduct an evidence-based review on the need for hiring and work- place flexibility, including Federal Government-wide direct-hire authority for AI and related data-science and technical roles, and, where the Director of OPM finds such authority is appropriate, grant it; this re- view shall include the following job series at all Gen- eral Schedule (GS) levels: IT Specialist (2210), Com- puter Scientist (1550), Computer Engineer (0854), and Program Analyst (0343) focused on AI, and any subse- quently developed job series derived from these job se- ries; (ii) within 60 days of the date of this order, consider authorizing the use of excepted service appointments under 5 CFR 213.3102(i)(3) to address the need for hiring additional staff to implement directives of this order; (iii) within 90 days of the date of this order, coordi- nate a pooled-hiring action informed by subject-matter experts and using skills-based assessments to support the recruitment of AI talent across agencies; (iv) within 120 days of the date of this order, as appro- priate and permitted by law, issue guidance for agency application of existing pay flexibilities or incentive pay programs for AI, AI-enabling, and other key technical positions to facilitate appropriate use of current pay incentives; (v) within 180 days of the date of this order, establish guidance and policy on skills-based, Federal Govern- ment-wide hiring of AI, data, and technology talent in order to increase access to those with nontraditional academic backgrounds to Federal AI, data, and tech- nology roles; (vi) within 180 days of the date of this order, establish an interagency working group, staffed with both human-resources professionals and recruiting technical experts, to facilitate Federal Government-wide hiring of people with AI and other technical skills; (vii) within 180 days of the date of this order, review existing Executive Core Qualifications (ECQs) for Sen- ior Executive Service (SES) positions informed by data and AI literacy competencies and, within 365 days of the date of this order, implement new ECQs as appro- priate in the SES assessment process; (viii) within 180 days of the date of this order, com- plete a review of competencies for civil engineers (GS–0810 series) and, if applicable, other related occupa- tions, and make recommendations for ensuring that adequate AI expertise and credentials in these occupa- tions in the Federal Government reflect the increased use of AI in critical infrastructure; and (ix) work with the Security, Suitability, and Credentialing Performance Accountability Council to assess mechanisms to streamline and accelerate per- sonnel-vetting requirements, as appropriate, to support AI and fields related to other critical and emerging technologies. (e) To expand the use of special authorities for AI hir- ing and retention, agencies shall use all appropriate hiring authorities, including Schedule A(r) excepted service hiring and direct-hire authority, as applicable and appropriate, to hire AI talent and AI-enabling tal- ent rapidly. In addition to participating in OPM-led pooled hiring actions, agencies shall collaborate, where appropriate, on agency-led pooled hiring under the Competitive Service Act of 2015 (Public Law 114–137) [see Tables for classification] and other shared hiring. Agencies shall also, where applicable, use existing in- centives, pay-setting authorities, and other compensa- tion flexibilities, similar to those used for cyber and in- formation technology positions, for AI and data-science professionals, as well as plain-language job titles, to help recruit and retain these highly skilled profes- sionals. Agencies shall ensure that AI and other related talent needs (such as technology governance and pri- vacy) are reflected in strategic workforce planning and budget formulation. (f) To facilitate the hiring of data scientists, the Chief Data Officer Council shall develop a position-de- scription library for data scientists (job series 1560) and a hiring guide to support agencies in hiring data sci- entists. (g) To help train the Federal workforce on AI issues, the head of each agency shall implement—or increase the availability and use of—AI training and famil- iarization programs for employees, managers, and lead- ership in technology as well as relevant policy, mana- gerial, procurement, regulatory, ethical, governance, and legal fields. Such training programs should, for ex- ample, empower Federal employees, managers, and leaders to develop and maintain an operating knowl- edge of emerging AI technologies to assess opportuni- ties to use these technologies to enhance the delivery of services to the public, and to mitigate risks associ- ated with these technologies. Agencies that provide professional-development opportunities, grants, or funds for their staff should take appropriate steps to ensure that employees who do not serve in traditional technical roles, such as policy, managerial, procure- ment, or legal fields, are nonetheless eligible to receive funding for programs and courses that focus on AI, ma- chine learning, data science, or other related subject areas. (h) Within 180 days of the date of this order, to ad- dress gaps in AI talent for national defense, the Sec- retary of Defense shall submit a report to the President through the Assistant to the President for National Se- curity Affairs that includes: (i) recommendations to address challenges in the De- partment of Defense’s ability to hire certain nonciti- zens, including at the Science and Technology Reinven- tion Laboratories; (ii) recommendations to clarify and streamline proc- esses for accessing classified information for certain noncitizens through Limited Access Authorization at Department of Defense laboratories; (iii) recommendations for the appropriate use of en- listment authority under 10 U.S.C. 504(b)(2) for experts in AI and other critical and emerging technologies; and (iv) recommendations for the Department of Defense and the Department of Homeland Security to work to- gether to enhance the use of appropriate authorities for the retention of certain noncitizens of vital importance to national security by the Department of Defense and the Department of Homeland Security. SEC. 11. Strengthening American Leadership Abroad. (a) To strengthen United States leadership of global efforts to unlock AI’s potential and meet its challenges, the Secretary of State, in coordination with the Assistant to the President for National Security Affairs, the As- sistant to the President for Economic Policy, the Di- rector of OSTP, and the heads of other relevant agen- cies as appropriate, shall: (i) lead efforts outside of military and intelligence areas to expand engagements with international allies and partners in relevant bilateral, multilateral, and multi-stakeholder fora to advance those allies’ and Page 2586 TITLE 15—COMMERCE AND TRADE § 9401 partners’ understanding of existing and planned AI-re- lated guidance and policies of the United States, as well as to enhance international collaboration; and (ii) lead efforts to establish a strong international framework for managing the risks and harnessing the benefits of AI, including by encouraging international allies and partners to support voluntary commitments similar to those that United States companies have made in pursuit of these objectives and coordinating the activities directed by subsections (b), (c), (d), and (e) of this section, and to develop common regulatory and other accountability principles for foreign nations, including to manage the risk that AI systems pose. (b) To advance responsible global technical standards for AI development and use outside of military and in- telligence areas, the Secretary of Commerce, in coordi- nation with the Secretary of State and the heads of other relevant agencies as appropriate, shall lead prep- arations for a coordinated effort with key international allies and partners and with standards development or- ganizations, to drive the development and implementa- tion of AI-related consensus standards, cooperation and coordination, and information sharing. In particular, the Secretary of Commerce shall: (i) within 270 days of the date of this order, establish a plan for global engagement on promoting and devel- oping AI standards, with lines of effort that may in- clude: (A) AI nomenclature and terminology; (B) best practices regarding data capture, proc- essing, protection, privacy, confidentiality, handling, and analysis; (C) trustworthiness, verification, and assurance of AI systems; and (D) AI risk management; (ii) within 180 days of the date the plan is established, submit a report to the President on priority actions taken pursuant to the plan; and (iii) ensure that such efforts are guided by principles set out in the NIST AI Risk Management Framework and United States Government National Standards Strategy for Critical and Emerging Technology. (c) Within 365 days of the date of this order, to pro- mote safe, responsible, and rights-affirming develop- ment and deployment of AI abroad: (i) The Secretary of State and the Administrator of the United States Agency for International Develop- ment, in coordination with the Secretary of Commerce, acting through the director of NIST, shall publish an AI in Global Development Playbook that incorporates the AI Risk Management Framework’s principles, guidelines, and best practices into the social, technical, economic, governance, human rights, and security con- ditions of contexts beyond United States borders. As part of this work, the Secretary of State and the Ad- ministrator of the United States Agency for Inter- national Development shall draw on lessons learned from programmatic uses of AI in global development. (ii) The Secretary of State and the Administrator of the United States Agency for International Develop- ment, in collaboration with the Secretary of Energy and the Director of NSF, shall develop a Global AI Re- search Agenda to guide the objectives and implementa- tion of AI-related research in contexts beyond United States borders. The Agenda shall: (A) include principles, guidelines, priorities, and best practices aimed at ensuring the safe, respon- sible, beneficial, and sustainable global development and adoption of AI; and (B) address AI’s labor-market implications across international contexts, including by recommending risk mitigations. (d) To address cross-border and global AI risks to critical infrastructure, the Secretary of Homeland Se- curity, in coordination with the Secretary of State, and in consultation with the heads of other relevant agen- cies as the Secretary of Homeland Security deems ap- propriate, shall lead efforts with international allies and partners to enhance cooperation to prevent, re- spond to, and recover from potential critical infra- structure disruptions resulting from incorporation of AI into critical infrastructure systems or malicious use of AI. (i) Within 270 days of the date of this order, the Sec- retary of Homeland Security, in coordination with the Secretary of State, shall develop a plan for multilat- eral engagements to encourage the adoption of the AI safety and security guidelines for use by critical infra- structure owners and operators developed in section 4.3(a) of this order. (ii) Within 180 days of establishing the plan described in subsection (d)(i) of this section, the Secretary of Homeland Security shall submit a report to the Presi- dent on priority actions to mitigate cross-border risks to critical United States infrastructure. SEC. 12. Implementation. (a) There is established, with- in the Executive Office of the President, the White House Artificial Intelligence Council (White House AI Council). The function of the White House AI Council is to coordinate the activities of agencies across the Fed- eral Government to ensure the effective formulation, development, communication, industry engagement re- lated to, and timely implementation of AI-related poli- cies, including policies set forth in this order. (b) The Assistant to the President and Deputy Chief of Staff for Policy shall serve as Chair of the White House AI Council. (c) In addition to the Chair, the White House AI Council shall consist of the following members, or their designees: (i) the Secretary of State; (ii) the Secretary of the Treasury; (iii) the Secretary of Defense; (iv) the Attorney General; (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Labor; (viii) the Secretary of HHS; (ix) the Secretary of Housing and Urban Develop- ment; (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Education; (xiii) the Secretary of Veterans Affairs; (xiv) the Secretary of Homeland Security; (xv) the Administrator of the Small Business Admin- istration; (xvi) the Administrator of the United States Agency for International Development; (xvii) the Director of National Intelligence; (xviii) the Director of NSF; (xix) the Director of OMB; (xx) the Director of OSTP; (xxi) the Assistant to the President for National Se- curity Affairs; (xxii) the Assistant to the President for Economic Policy; (xxiii) the Assistant to the President and Domestic Policy Advisor; (xxiv) the Assistant to the President and Chief of Staff to the Vice President; (xxv) the Assistant to the President and Director of the Gender Policy Council; (xxvi) the Chairman of the Council of Economic Ad- visers; (xxvii) the National Cyber Director; (xxviii) the Chairman of the Joint Chiefs of Staff; and (xxix) the heads of such other agencies, independent regulatory agencies, and executive offices as the Chair may from time to time designate or invite to partici- pate. (d) The Chair may create and coordinate subgroups consisting of White House AI Council members or their designees, as appropriate. SEC. 13. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. Page 2587 TITLE 15—COMMERCE AND TRADE § 9412 1 See References in Text note below. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE § 9411. National Artificial Intelligence Initiative (a) Establishment; purposes The President shall establish and implement an initiative to be known as the ‘‘National Arti- ficial Intelligence Initiative’’. The purposes of the Initiative shall be to— (1) ensure continued United States leader- ship in artificial intelligence research and de- velopment; (2) lead the world in the development and use of trustworthy artificial intelligence sys- tems in the public and private sectors; (3) prepare the present and future United States workforce for the integration of artifi- cial intelligence systems across all sectors of the economy and society; and (4) coordinate ongoing artificial intelligence research, development, and demonstration ac- tivities among the civilian agencies, the De- partment of Defense and the Intelligence Com- munity to ensure that each informs the work of the others. (b) Initiative activities In carrying out the Initiative, the President, acting through the Initiative Office, the Inter- agency Committee, and agency heads as the President considers appropriate, shall carry out activities that include the following: (1) Sustained and consistent support for arti- ficial intelligence research and development through grants, cooperative agreements, testbeds, and access to data and computing re- sources. (2) Support for K-12 education and postsec- ondary educational programs, including work- force training and career and technical edu- cation programs, and informal education pro- grams to prepare the American workforce and the general public to be able to create, use, and interact with artificial intelligence sys- tems. (3) Support for interdisciplinary research, education, and workforce training programs for students and researchers that promote learning in the methods and systems used in artificial intelligence and foster interdiscipli- nary perspectives and collaborations among subject matter experts in relevant fields, in- cluding computer science, mathematics, sta- tistics, engineering, social sciences, health, psychology, behavioral science, ethics, secu- rity, legal scholarship, and other disciplines that will be necessary to advance artificial in- telligence research and development respon- sibly. (4) Interagency planning and coordination of Federal artificial intelligence research, devel- opment, demonstration, standards engage- ment, and other activities under the Initia- tive, as appropriate. (5) Outreach to diverse stakeholders, includ- ing citizen groups, industry, and civil rights and disability rights organizations, to ensure public input is taken into account in the ac- tivities of the Initiative. (6) Leveraging existing Federal investments to advance objectives of the Initiative. (7) Support for a network of interdiscipli- nary artificial intelligence research institutes, as described in section 9431(b)(7)(B) of this title. (8) Support opportunities for international cooperation with strategic allies, as appro- priate, on the research and development, as- sessment, and resources for trustworthy artifi- cial intelligence systems. (c) Limitation The Initiative shall not impact sources and methods, as determined by the Director of Na- tional Intelligence. (d) Rules of construction Nothing in this chapter shall be construed as— (1) modifying any authority or responsi- bility, including any operational authority or responsibility of any head of a Federal depart- ment or agency, with respect to intelligence or the intelligence community, as those terms are defined in 50 U.S.C. 3003; 1 (2) authorizing the Initiative, or anyone as- sociated with its derivative efforts to approve, interfere with, direct or to conduct an intel- ligence activity, resource, or operation; or (3) authorizing the Initiative, or anyone as- sociated with its derivative efforts to modify the classification of intelligence information. (e) Sunset The Initiative established in this chapter shall terminate on the date that is 10 years after Jan- uary 1, 2021. (Pub. L. 116–283, div. E, title LI, § 5101, Jan. 1, 2021, 134 Stat. 4524.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (d) and (e), was in the original ‘‘this division’’, meaning div. E of Pub. L. 116–283, Jan. 1, 2021, 134 Stat. 4523, which is classified principally to this chapter. For complete classification of div. E to the Code, see Short Title note set out under section 9401 of this title and Tables. 50 U.S.C. 3003, referred to in subsec. (d)(1), was so in the original, but probably should have been a reference to section 3 of the National Security Act of 1947, act July 26, 1947, ch. 343, which is classified to section 3003 of Title 50, War and National Defense. § 9412. National Artificial Intelligence Initiative Office (a) In general The Director of the Office of Science and Tech- nology Policy shall establish or designate, and appoint a director of, an office to be known as the ‘‘National Artificial Intelligence Initiative Office’’ to carry out the responsibilities de-