On December 3, Donald Trump signed an executive order that aims to promote the use of artificial intelligence (AI) by federal agencies while protecting public trust and upholding the law. The order directs the Director of the Office of Management and Budget to post a roadmap for future policy guidance about AI consistent with the principles of the order.
Guidance documents clarify and affect how agencies administer regulations and programs. However, they are not legally binding in the same way as rules issued through one of the rulemaking processes of the Administrative Procedure Act.
The order directs federal agencies adopting AI to adhere to the following framework:
1. Agencies should design, acquire, and use AI in ways that respect national values and that remain consistent with the U.S. Constitution and other laws and regulations (including those involving privacy, civil rights, and civil liberties)
2. Agencies should only use AI in situations where the benefits significantly outweigh the risks and the risks can be measured and managed
3. Agencies should use AI for the cases regarding which the AI was trained and make sure the AI is accurate, reliable, and effective
4. Agencies should make sure AI is safe, secure, and resilient in the face of attacks. Agencies should make sure AI operations and outcomes are understandable by experts, users, and others as needed
5. Agencies should make sure that human responsibilities regarding AI are clear and that all operations are well-documented and traceable to the extent practicable
6. Agencies should make sure their AI applications are tested regularly to ensure compliance with these principles and consistent performance
7. Agencies should be transparent about disclosing relevant information about the use of AI
8. Agencies should be accountable for implementing and enforcing safeguards regarding the use of AI and document compliance with those safeguards
The order also directs each federal agency to identify and share non-classified uses of AI by the agency and determine what changes they must make to comply with the order. Finally, the order directs the General Services Administration to attract industry and academic experts to help agencies develop AI systems.
To learn more about executive orders or guidance, see here:
- Executive orders related to the administrative state
- Administrative Procedure Act
- Five pillars of the administrative state: Executive control of agencies
- Administrative state
You can read the text of the executive order here.