On this day, President Biden has signed a landmark Executive Order aimed at ensuring the United States leads responsibly in harnessing the opportunities and managing the risks of artificial intelligence (AI). This directive establishes comprehensive standards for AI safety and security, safeguards Americans’ privacy, advances equity and civil rights, supports consumers and workers, promotes innovation and competition, and reinforces American leadership on the global stage.
This Executive Order builds upon the Biden-Harris Administration’s ongoing strategy for responsible AI innovation, including prior voluntary commitments by 15 leading companies to develop AI technologies safely and ethically.
Key Actions Directed by the Executive Order
Establishing New Standards for AI Safety and Security
As AI capabilities expand, so do the associated safety and security challenges. This Order initiates the most robust federal measures ever to mitigate AI risks:
- Mandatory Reporting and Transparency: Developers of powerful AI foundation models that pose significant risks to national security, the economy, or public health must notify the federal government during model training and share results from all red-team safety tests. These requirements, supported by the Defense Production Act, aim to ensure AI systems are secure and trustworthy prior to public release.
- Development of Rigorous Testing Standards: The National Institute of Standards and Technology (NIST) will create stringent standards and testing protocols. The Department of Homeland Security (DHS) will apply these standards to critical infrastructure and establish an AI Safety and Security Board. The Departments of Energy and Homeland Security will address AI-related threats to infrastructure and risks including chemical, biological, radiological, nuclear, and cybersecurity concerns.
- Biological Safety Measures: New federal standards for biological synthesis screening will be established to counteract the misuse of AI in engineering hazardous biological materials. These standards will become conditions for federally funded life-science research projects.
- Combatting AI-Enabled Fraud: The Department of Commerce will develop guidelines for detecting AI-generated content and authenticating official communications, including watermarking protocols to clearly identify AI-generated material. Federal agencies will deploy these tools to ensure government communications are verifiable, setting an example for private industry and other governments.
- Advanced Cybersecurity Programs: Expanding the Biden Administration’s AI Cyber Challenge, federal efforts will develop AI tools to detect and remediate software vulnerabilities, bolstering cybersecurity across critical networks and infrastructure.
- National Security Coordination: A forthcoming National Security Memorandum, developed by the National Security Council and White House Chief of Staff, will outline additional policies ensuring the ethical, effective use of AI by the U.S. military and intelligence agencies, and counter hostile AI applications by adversaries.
Protecting Americans’ Privacy
Recognizing the heightened privacy risks posed by AI—particularly from data extraction and training practices—the Executive Order calls on Congress for bipartisan data privacy legislation and mandates the following:
- Prioritize federal investment in privacy-preserving AI techniques, including advanced methods that allow AI to be trained without compromising the confidentiality of underlying data.
- Support research and development of cryptographic and privacy-enhancing technologies through a dedicated Research Coordination Network, with the National Science Foundation promoting their adoption in federal agencies.
- Review federal agency use of commercially sourced personal data, especially from data brokers, to strengthen privacy safeguards reflecting AI’s unique risks.
- Develop agency guidelines to assess the effectiveness of privacy-preserving technologies used within AI systems.
Advancing Equity and Civil Rights
AI applications risk perpetuating discrimination in sectors such as justice, healthcare, and housing. To confront these challenges, the Executive Order directs:
- Issuance of guidance for landlords, federal benefits programs, and contractors to prevent discriminatory AI practices.
- Collaboration between the Department of Justice and federal civil rights offices to provide training and develop best practices for investigating AI-related civil rights violations.
- Development of standards ensuring fairness in criminal justice AI tools, including sentencing, risk assessments, surveillance, and forensic applications.
Supporting Consumers, Patients, and Students
While AI can enhance products, healthcare, and education, it also introduces potential harms. This Order advances:
- Responsible AI use in healthcare, including a new safety program at the Department of Health and Human Services to address AI-related risks and unsafe practices.
- Resources to support educators in deploying AI-powered tools like personalized tutoring to transform educational outcomes.
Supporting American Workers
Acknowledging AI’s impact on the workforce, including risks of surveillance and job displacement, the Order directs:
- The creation of principles and best practices to protect workers’ rights, promote workplace equity, and support collective bargaining, addressing issues such as job displacement and fair treatment.
- A comprehensive report on AI’s labor market effects and strategies to enhance federal support for workers facing AI-driven disruptions.
Promoting Innovation and Competition
To sustain U.S. leadership in AI innovation, the Order directs:
- A pilot program for the National AI Research Resource, providing researchers and students nationwide with access to AI tools and data, alongside increased funding for AI research in healthcare, climate change, and other key areas.
- Support for small developers and entrepreneurs through technical assistance, commercialization support, and enforcement of competitive market principles by the Federal Trade Commission.
- Modernization of visa policies to attract and retain highly skilled immigrants and nonimmigrants with critical AI expertise.
Advancing American Leadership Abroad
Recognizing AI as a global issue, the Administration will:
- Expand international cooperation through bilateral, multilateral, and multistakeholder engagements led by the State and Commerce Departments, to build frameworks ensuring safe and responsible AI use worldwide.
- Accelerate development and adoption of international AI standards that ensure security, trustworthiness, and interoperability.
- Promote AI-driven solutions for global challenges such as sustainable development and infrastructure protection.
Ensuring Responsible Federal Use of AI
To improve government efficiency and accountability, the Order mandates:
- Issuance of guidance on federal AI use, including rights protections, procurement standards, and deployment best practices.
- Streamlining AI-related contracting to enable faster, more cost-effective acquisition of AI technologies.
- A government-wide talent surge to rapidly recruit and train AI professionals, led by the Office of Personnel Management, U.S. Digital Service, and related innovation programs.
Commitment to Continued Leadership
The Biden Administration will work closely with Congress to enact bipartisan legislation that furthers America’s position as a responsible AI innovator. Internationally, the U.S. remains engaged with partners including Australia, the European Union, Japan, the UK, and others, supporting efforts such as the G-7 Hiroshima Process and the Global Partnership on AI.