November 28, 2023

EO on AI: Tasks, Agencies, Deadlines

On October 30, 2023, President Joe Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The Executive Order establishes policy and directs action on a wide array of AI-related issues, including AI and security, privacy, civil rights, consumer protection, innovation and competition. Public Citizen has prepared a spreadsheet listing each of the specific action items in the EO, the responsible agency and the deadline for action.

Downloadable Google sheet.

See any errors or omissions? Contact Rick Claypool, rclaypool@citizen.org.

Category	Section	Lead Agency	Deadline (days from issuance, unless specified)	Task
Safety and Security	4.1.a	Commerce/NIST	270	develop consensus industry standards for safe, secure and trustworthy AI, inc launch effort for guidelines on auditing
Safety and Security	4.1.a	Commerce/NIST	270	establish guidelines for red-teaming of dual use foundation models
Safety and Security	4.1.b	Energy	270	implement a plan for developing model evaluation tools and testbeds
Safety and Security	4.2.a	Commerce	90	Require companies with dual-use foundation models to provide info on training, ownership and results; co's with large-scale cluster to reporrt acquisition or development of clusters
Safety and Security	4.2.b	Commerce		define technical conditions for models and cluster subject to reporting requirements
Safety and Security	4.2.c	Commerce	90	report when foreign persons transpact to train large AI models that could be used for malicious activity; restrictions on foreign re-sellers; determine conditions in models that enable malicious cyber-enabled activity
Safety and Security	4.2.d	Commerce	180	propose regs to ensure foreign resellers of infrastructure as service identify any foreign persons who obtain accounts
Safety and Security	4.3.a	each agency with authority over critical infrastructure	90	assess potential risk related to AI in critical infrastructure
Safety and Security	4.3.a	Treasury	180	report on best practices for financial institutions for AI cyber risks
Safety and Security	4.3.a	Homeland Security	180	incorporate NIST risk management framework into guidelines for critical infrastructure owners
Safety and Security	4.3.a	Asst Pres for National Security Affairs and OMB	240	coordinate work of agencies with authority over critical infrastructure
Safety and Security	4.3.a	Homeland Security		establish AI Safety and Security Board as advisory committee
Safety and Security	4.3.b	Defense	180	pilot project of vulnerabilities in USG systems
Safety and Security	4.3.b	Defense and Homeland Security	270	report on results of pilot project
Safety and Security	4.4.a	Homeland Security	180	evaluate and report on AI to be misused for chemical, biological, nuclear threats
Safety and Security	4.4.a	Defense	120	study on biosecurity risks
Safety and Security	4.4.b	OSTP	180	establish framework for providers of synthetic nucleic acid sequences to adopt screening mechanisms to reduce risks
Safety and Security	4.4.b	Commerce	180	engage with stakeholders for specifications for synthetic nucleic acid sequences screening
Safety and Security	4.4.b	agencies	180 of establishment for framework from 4.4.b	as requirement of funding, ensure providers and manufacturers of synthetic nucleic acid sequences adhere to framework
Safety and Security	4.4.b	Homeland Security	180 of establishment for framework from 4.4.b	develop a program to stress test the synthetic nucleic acid sequence screening and submit a report
Safety and Security	4.5.a	Commerce	240	issue report to identify standards on content, provenance, watermarking
Safety and Security	4.5.b	Commerce	180 days after report from 4.5.a	issue guidance for labeling and authenticating AI content
Safety and Security	4.5.c	Commerce	180 days after guidancefrom 4.5.b	issue guidance for agencies for labeling and authenticating AI content
Safety and Security	4.5.d	FAR Council		consider amending FAR to account for labeling guidance
Safety and Security	4.6	Commerce	270	solicit input on regulatory approaches to dual-use foundation models, submit report to president
Safety and Security	4.7.a	Chief Data Officer Council	270	guidelines for performing security reviews, inc risk of releasing fed data
Safety and Security	4.7.b	agencies	180 days after guidelines from 4.7.a	conduct a security review of all data assets
Safety and Security	4.8	Asst Pres for National Security Affairs and Depty Chief of Staff for Policy	270	submit proposed National Security Memo on AI to the president
Innovation and Competition	5.1.a	State and Homeland Security	90	streamline visa petitions
Innovation and Competition	5.1.b	State and Homeland Security	120	consider rulemaking on Exchange Visitor Skills List
Innovation and Competition	5.1.b	State and Homeland Security	180	guide for AI experts to understand options for working in the US
Innovation and Competition	5.2.a	NSF	90-540	launch pilot National AI Research Resource
Innovation and Competition	5.2.a	NSF	150	fund one NSF Regional Innovation Engine on AI
Innovation and Competition	5.2.a	NSF	540	establish 4 new National AI Research Institutes
Innovation and Competition	5.2.b	Energy	120	pilot program to train new AI scientific talent
Innovation and Competition	5.2.c	Commerce/PTO	120	publish guidance on inventorship and use of AI
Innovation and Competition	5.2.c	Commerce/PTO	270	additional guidance on the intersection of AI and intellectual property
Innovation and Competition	5.2.c	Commerce/PTO	270	issue recommendations to president on copyright and AI
Innovation and Competition	5.2.d	Homeland Security	180	develop program to mitigate AI-related IP risks
Innovation and Competition	5.2.e	HHS		prioritize grants to support responsible AI development
Innovation and Competition	5.2.f	VA	365	host AI Tech Sprint competitions
Innovation and Competition	5.2.g	Energy	180	issue report on AI to improve electric grid and develop tools
Innovation and Competition	5.2.h	President's Council of Advisors on Science and Technology	180	report on AI to address major societal and global challenges
Innovation and Competition	5.3.a	agencies, esp FTC		develop policies to promote competition
Innovation and Competition	5.3.b	Commerce		implement CHIPS Act to promote competition
Innovation and Competition	5.3.c	Small Business Administration		prioritize Regional Innovation Cluster funding for small biz AI institutes
Supporting Workers	6.a	CEA	180	report on labor market effects of AI
Supporting Workers	6.a	Labor	180	report analyzing agency ability to support workers displaced by AI
Supporting Workers	6.b	Labor	180	publish best practices for employers to mitigate AI harms to employees
Supporting Workers	6.b	Labor		issue guidance on how FLSA rules apply relevant to AI
Supporting Workers	6.b	NSE		prioritize resources for AI related education
Equity and Civil Rights	7.1.a	DOJ	90	convene meeting with heads of civil rights office on algorithmic discrimination
Equity and Civil Rights	7.1.b	DOJ	365	report on AI in criminal justice system
Equity and Civil Rights	7.1.b	Interagency working group	180	best practices for hiring law enforcement professionals with AI skills
Equity and Civil Rights	7.1.b	DOJ	270	recommendations for making hires with technical knowledge
Equity and Civil Rights	7.1.b	DOJ	365	assess capacity to investigate law enforcement deprivation of rights from AI
Equity and Civil Rights	7.2.a	agencies		use civil rights office to prevent unlawful discriminatin from federal use of AI
Equity and Civil Rights	7.2.b	HHS	180	publish plan on algorithmic systems used by states to allocate public benefits
Equity and Civil Rights	7.2.b	Agriculture	180	issue guidance to states on algorithmic systems to implement benefits
Equity and Civil Rights	7.3.a	Labor	365	guidance for federal contractors on nondiscrimination in AI for hiring
Equity and Civil Rights	7.3.b	FHA and CFPB		consider use of authorities to ensure compliance and no bias re:AI and underwriting and valuation
Equity and Civil Rights	7.3.c	HUD	180	guidance on tenant screening, advertising housing and AI
Equity and Civil Rights	7.4.d	Architectual and Transportations Barriers Compliance Board		recommendations on risks and benefits of use of biometric data for people with disabilities
Consumers, Patients, Passengers and Students	8.a	independent agencies		encouraged use authorities against fraud
Consumers, Patients, Passengers and Students	8.b	HHS	90	strategic plan on AI in health and human services, inc service delivery, monitoring, equity, safety, privacy
Consumers, Patients, Passengers and Students	8.b	HHS	180	strategy to determine whether AI technologies maintain quality in health care
Consumers, Patients, Passengers and Students	8.b	HHS	180	promote compliance with nondiscrimination
Consumers, Patients, Passengers and Students	8.b	HHS	365	strategy for regulating AI in the drug development process
Consumers, Patients, Passengers and Students	8.c	Transportation	30	assess need for guidance re: AI in transportation, start pilot projects
Consumers, Patients, Passengers and Students	8.c	Transportation	90	direct advisory committee to provide advice on safe use of AI in transport
Consumers, Patients, Passengers and Students	8.c	Transportation	180	direct ARPA-Infrastructure to explore transportation and AI
Consumers, Patients, Passengers and Students	8.d	Education	365	develop resources on AI and education
Consumers, Patients, Passengers and Students	8.e	FCC		analyze AI and spectrum management, network security, more
Protecting Privacy	9.a	OMB		evaluate commercial avail info used by agencies and standards, re: personally identifiable info
Protecting Privacy	9.a	OMB	180	issue RFI to revise guidance on privacy provisions of E-Government Act
Protecting Privacy	9.b	OMB	365	evaluate efficacy of differential privacy guarantee protections, inc for AI
Protecting Privacy	9.c	NSF	120	fund Research Coordination Network devoted to privacy research
Protecting Privacy	9.c	NSF	240	engage agencies to incorporate privacy enhancing technologies
Advancing Fed Govt use of AI	10.1.a	OMB	60	convene interagency council to coordinate agency use of AI
Advancing Fed Govt use of AI	10.1.b	OMB	150	issue guidance to agencies on effective and appropriate use of AI; specific instructions inc AI officers, risk management, rights impacts, safety, watermarking, red-teaming
Advancing Fed Govt use of AI	10.1.b	agencies	60 days after guidance in 10.1.b	create chief AI officers
Advancing Fed Govt use of AI	10.1.c	OMB	60 days after guidance in 10.1.b	method for agencies to track AI use and management
Advancing Fed Govt use of AI	10.1.d	Commerce/NIST	90 days after guidance in 10.1.b	guidelines for risk management
Advancing Fed Govt use of AI	10.1.d	OMB	180 days after guidance in 10.1.b	develop means for agencies to ensure contracts align with guidance in 10.1.b
Advancing Fed Govt use of AI	10.1.e	OMB	annually	instructions to agencies to publish agency use cases of AI
Advancing Fed Govt use of AI	10.1.f	agencies		discouraged from broad bans on AI, prefer specific restrictions
Advancing Fed Govt use of AI	10.1.f	GSA	90	develop framework for prioritizing emerging technologies in Federal Risk and Authorization Management Program
Advancing Fed Govt use of AI	10.1.f	OPM	180	guidance for use of generative AI by federal workforce
Advancing Fed Govt use of AI	10.1.g	Technology Modernization Board	30	consider prioritizing funding for AI projects
Advancing Fed Govt use of AI	10.1.h	GSA	180	facilitate access to federal government-wide acquisition of AI services and products
Advancing Fed Govt use of AI	10.2.a	OSTP and OMB	45	identify priority mission areas for AI talent in federal government
Advancing Fed Govt use of AI	10.2.b	Assistant to the President and Deputy Chief of Staff for Policy	45	convene AI and technology talent task force
Advancing Fed Govt use of AI	10.2.b	AI and Technology Talent Task Force	180	track and report progress on increasing AI capacity across government
Advancing Fed Govt use of AI	10.2.c	US Digital Service	45	develop plans to recruit AI talent
Advancing Fed Govt use of AI	10.2.d	OPM	60	review workplace flexibilty as relates to recruit AI talent
Advancing Fed Govt use of AI	10.2.d	OPM	60	consider excepted service appointments for AI talent
Advancing Fed Govt use of AI	10.2.d	OPM	90	coordinate pooled hiring action for AI talent
Advancing Fed Govt use of AI	10.2.d	OPM	120	issue guidance on pay flexibility for AI talent
Advancing Fed Govt use of AI	10.2.d	OPM	180	guidance on hiring AI talent
Advancing Fed Govt use of AI	10.2.d	OPM	180	establish interagency working group to facilitate hiring AI talent
Advancing Fed Govt use of AI	10.2.d	OPM	180	review Existing Core Qualifications for Senior Executive Service
Advancing Fed Govt use of AI	10.2.d	OPM	180	review competencies for civil engineers re: AI
Advancing Fed Govt use of AI	10.2.g	agencies		implement AI familiarization programs for employees
Advancing Fed Govt use of AI	10.2.h	Defense	180	report to president on challenge to hire noncitizens
American Leadership Abroad	11.a	State		lead efforts for international framework on managing risk.
American Leadership Abroad	11.b	Commerce	270	establish a plan for global engagement on AI consensus standards
American Leadership Abroad	11.b	Commerce	180 days after plan is established	submit a report to the president on the plan in 11.b
American Leadership Abroad	11.c	State/USAID	365	publish AI in Global Development Playbook
American Leadership Abroad	11.c	State/USAID		develop global research agenda for contexts beyond US borders
American Leadership Abroad	11.d	Homeland Security	270	develop a plan for multilateral engagement on protecting critical infrastructure re: AI risks
American Leadership Abroad	11.d	Homeland Security	180 days after the plan in 11.d	report to the president on relevant priority actions to mitigate cross-border threats to US critical infrastructure
Implementation	12	White House		a White House AI Council is now established