Maintaining American Leadership in Artificial Intelligence

Published date14 February 2019
Record Number2019-02544
SectionPresidential Documents
CourtExecutive Office Of The President
Federal Register, Volume 84 Issue 31 (Thursday, February 14, 2019)
[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
                [Presidential Documents]
                [Pages 3967-3972]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-02544] Presidential Documents
                Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 /
                Presidential Documents
                ___________________________________________________________________
                Title 3--
                The President
                [[Page 3967]]
                 Executive Order 13859 of February 11, 2019
                
                Maintaining American Leadership in Artificial
                 Intelligence
                 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. Policy and Principles. Artificial
                 Intelligence (AI) promises to drive growth of the
                 United States economy, enhance our economic and
                 national security, and improve our quality of life. The
                 United States is the world leader in AI research and
                 development (R&D) and deployment. Continued American
                 leadership in AI is of paramount importance to
                 maintaining the economic and national security of the
                 United States and to shaping the global evolution of AI
                 in a manner consistent with our Nation's values,
                 policies, and priorities. The Federal Government plays
                 an important role in facilitating AI R&D, promoting the
                 trust of the American people in the development and
                 deployment of AI-related technologies, training a
                 workforce capable of using AI in their occupations, and
                 protecting the American AI technology base from
                 attempted acquisition by strategic competitors and
                 adversarial nations. Maintaining American leadership in
                 AI requires a concerted effort to promote advancements
                 in technology and innovation, while protecting American
                 technology, economic and national security, civil
                 liberties, privacy, and American values and enhancing
                 international and industry collaboration with foreign
                 partners and allies. It is the policy of the United
                 States Government to sustain and enhance the
                 scientific, technological, and economic leadership
                 position of the United States in AI R&D and deployment
                 through a coordinated Federal Government strategy, the
                 American AI Initiative (Initiative), guided by five
                 principles:
                 (a) The United States must drive technological
                 breakthroughs in AI across the Federal Government,
                 industry, and academia in order to promote scientific
                 discovery, economic competitiveness, and national
                 security.
                 (b) The United States must drive development of
                 appropriate technical standards and reduce barriers to
                 the safe testing and deployment of AI technologies in
                 order to enable the creation of new AI-related
                 industries and the adoption of AI by today's
                 industries.
                 (c) The United States must train current and future
                 generations of American workers with the skills to
                 develop and apply AI technologies to prepare them for
                 today's economy and jobs of the future.
                 (d) The United States must foster public trust and
                 confidence in AI technologies and protect civil
                 liberties, privacy, and American values in their
                 application in order to fully realize the potential of
                 AI technologies for the American people.
                 (e) The United States must promote an international
                 environment that supports American AI research and
                 innovation and opens markets for American AI
                 industries, while protecting our technological
                 advantage in AI and protecting our critical AI
                 technologies from acquisition by strategic competitors
                 and adversarial nations.
                 Sec. 2. Objectives. Artificial Intelligence will affect
                 the missions of nearly all executive departments and
                 agencies (agencies). Agencies determined to be
                 implementing agencies pursuant to section 3 of this
                 order shall pursue six strategic objectives in
                 furtherance of both promoting and protecting American
                 advancements in AI:
                 (a) Promote sustained investment in AI R&D in
                 collaboration with industry, academia, international
                 partners and allies, and other non-Federal entities
                [[Page 3968]]
                 to generate technological breakthroughs in AI and
                 related technologies and to rapidly transition those
                 breakthroughs into capabilities that contribute to our
                 economic and national security.
                 (b) Enhance access to high-quality and fully
                 traceable Federal data, models, and computing resources
                 to increase the value of such resources for AI R&D,
                 while maintaining safety, security, privacy, and
                 confidentiality protections consistent with applicable
                 laws and policies.
                 (c) Reduce barriers to the use of AI technologies
                 to promote their innovative application while
                 protecting American technology, economic and national
                 security, civil liberties, privacy, and values.
                 (d) Ensure that technical standards minimize
                 vulnerability to attacks from malicious actors and
                 reflect Federal priorities for innovation, public
                 trust, and public confidence in systems that use AI
                 technologies; and develop international standards to
                 promote and protect those priorities.
                 (e) Train the next generation of American AI
                 researchers and users through apprenticeships; skills
                 programs; and education in science, technology,
                 engineering, and mathematics (STEM), with an emphasis
                 on computer science, to ensure that American workers,
                 including Federal workers, are capable of taking full
                 advantage of the opportunities of AI.
                 (f) Develop and implement an action plan, in
                 accordance with the National Security Presidential
                 Memorandum of February 11, 2019 (Protecting the United
                 States Advantage in Artificial Intelligence and Related
                 Critical Technologies) (the NSPM) to protect the
                 advantage of the United States in AI and technology
                 critical to United States economic and national
                 security interests against strategic competitors and
                 foreign adversaries.
                 Sec. 3. Roles and Responsibilities. The Initiative
                 shall be coordinated through the National Science and
                 Technology Council (NSTC) Select Committee on
                 Artificial Intelligence (Select Committee). Actions
                 shall be implemented by agencies that conduct
                 foundational AI R&D, develop and deploy applications of
                 AI technologies, provide educational grants, and
                 regulate and provide guidance for applications of AI
                 technologies, as determined by the co-chairs of the
                 NSTC Select Committee (implementing agencies).
                 Sec. 4. Federal Investment in AI Research and
                 Development.
                 (a) Heads of implementing agencies that also
                 perform or fund R&D (AI R&D agencies), shall consider
                 AI as an agency R&D priority, as appropriate to their
                 respective agencies' missions, consistent with
                 applicable law and in accordance with the Office of
                 Management and Budget (OMB) and the Office of Science
                 and Technology Policy (OSTP) R&D priorities memoranda.
                 Heads of such agencies shall take this priority into
                 account when developing budget proposals and planning
                 for the use of funds in Fiscal Year 2020 and in future
                 years. Heads of these agencies shall also consider
                 appropriate administrative actions to increase focus on
                 AI for 2019.
                 (b) Heads of AI R&D agencies shall budget an amount
                 for AI R&D that is appropriate for this prioritization.
                (i) Following the submission of the President's Budget request to the
                Congress, heads of such agencies shall communicate plans for achieving this
                prioritization to the OMB Director and the OSTP Director each fiscal year
                through the Networking and Information Technology Research and Development
                (NITRD) Program.
                (ii) Within 90 days of the enactment of appropriations for their respective
                agencies, heads of such agencies shall identify each year, consistent with
                applicable law, the programs to which the AI R&D priority will apply and
                estimate the total amount of such funds that will be spent on each such
                program. This information shall be communicated to the OMB Director and
                OSTP Director each fiscal year through the NITRD Program.
                 (c) To the extent appropriate and consistent with
                 applicable law, heads of AI R&D agencies shall explore
                 opportunities for collaboration with non-
                [[Page 3969]]
                 Federal entities, including: the private sector;
                 academia; non-profit organizations; State, local,
                 tribal, and territorial governments; and foreign
                 partners and allies, so all collaborators can benefit
                 from each other's investment and expertise in AI R&D.
                 Sec. 5. Data and Computing Resources for AI Research
                 and Development.
                 (a) Heads of all agencies shall review their
                 Federal data and models to identify opportunities to
                 increase access and use by the greater non-Federal AI
                 research community in a manner that benefits that
                 community, while protecting safety, security, privacy,
                 and confidentiality. Specifically, agencies shall
                 improve data and model inventory documentation to
                 enable discovery and usability, and shall prioritize
                 improvements to access and quality of AI data and
                 models based on the AI research community's user
                 feedback.
                (i) Within 90 days of the date of this order, the OMB Director shall
                publish a notice in the Federal Register inviting the public to identify
                additional requests for access or quality improvements for Federal data and
                models that would improve AI R&D and testing. Additionally, within 90 days
                of the date of this order, OMB, in conjunction with the Select Committee,
                shall investigate barriers to access or quality limitations of Federal data
                and models that impede AI R&D and testing. Collectively, these actions by
                OMB will help to identify datasets that will facilitate non-Federal AI R&D
                and testing.
                (ii) Within 120 days of the date of this order, OMB, including through its
                interagency councils and the Select Committee, shall update implementation
                guidance for Enterprise Data Inventories and Source Code Inventories to
                support discovery and usability in AI R&D.
                (iii) Within 180 days of the date of this order, and in accordance with the
                implementation of the Cross-Agency Priority Goal: Leveraging Federal Data
                as a Strategic Asset, from the March 2018 President's Management Agenda,
                agencies shall consider methods of improving the quality, usability, and
                appropriate access to priority data identified by the AI research
                community. Agencies shall also identify any associated resource
                implications.
                (iv) In identifying data and models for consideration for increased public
                access, agencies, in coordination with the Senior Agency Officials for
                Privacy established pursuant to Executive Order 13719 of February 9, 2016
                (Establishment of the Federal Privacy Council), the heads of Federal
                statistical entities, Federal program managers, and other relevant
                personnel shall identify any barriers to, or requirements associated with,
                increased access to and use of such data and models, including:
                 (A) privacy and civil liberty protections for individuals who may be
                affected by increased access and use, as well as confidentiality
                protections for individuals and other data providers;
                 (B) safety and security concerns, including those related to the
                association or compilation of data and models;
                 (C) data documentation and formatting, including the need for
                interoperable and machine-readable data formats;
                 (D) changes necessary to ensure appropriate data and system governance;
                and
                 (E) any other relevant considerations.
                (v) In accordance with the President's Management Agenda and the Cross-
                Agency Priority Goal: Leveraging Data as a Strategic Asset, agencies shall
                identify opportunities to use new technologies and best practices to
                increase access to and usability of open data and models, and explore
                appropriate controls on access to sensitive or restricted data and models,
                consistent with applicable laws and policies, privacy and confidentiality
                protections, and civil liberty protections.
                [[Page 3970]]
                 (b) The Secretaries of Defense, Commerce, Health
                 and Human Services, and Energy, the Administrator of
                 the National Aeronautics and Space Administration, and
                 the Director of the National Science Foundation shall,
                 to the extent appropriate and consistent with
                 applicable law, prioritize the allocation of high-
                 performance computing resources for AI-related
                 applications through:
                (i) increased assignment of discretionary allocation of resources and
                resource reserves; or
                (ii) any other appropriate mechanisms.
                 (c) Within 180 days of the date of this order, the
                 Select Committee, in coordination with the General
                 Services Administration (GSA), shall submit a report to
                 the President making recommendations on better enabling
                 the use of cloud computing resources for federally
                 funded AI R&D.
                 (d) The Select Committee shall provide technical
                 expertise to the American Technology Council on matters
                 regarding AI and the modernization of Federal
                 technology, data, and the delivery of digital services,
                 as appropriate.
                 Sec. 6. Guidance for Regulation of AI Applications.
                 (a) Within 180 days of the date of this order, the
                 OMB Director, in coordination with the OSTP Director,
                 the Director of the Domestic Policy Council, and the
                 Director of the National Economic Council, and in
                 consultation with any other relevant agencies and key
                 stakeholders as the OMB Director shall determine, shall
                 issue a memorandum to the heads of all agencies that
                 shall:
                (i) inform the development of regulatory and non-regulatory approaches by
                such agencies regarding technologies and industrial sectors that are either
                empowered or enabled by AI, and that advance American innovation while
                upholding civil liberties, privacy, and American values; and
                (ii) consider ways to reduce barriers to the use of AI technologies in
                order to promote their innovative application while protecting civil
                liberties, privacy, American values, and United States economic and
                national security.
                 (b) To help ensure public trust in the development
                 and implementation of AI applications, OMB shall issue
                 a draft version of the memorandum for public comment
                 before it is finalized.
                 (c) Within 180 days of the date of the memorandum
                 described in subsection (a) of this section, the heads
                 of implementing agencies that also have regulatory
                 authorities shall review their authorities relevant to
                 applications of AI and shall submit to OMB plans to
                 achieve consistency with the memorandum.
                 (d) Within 180 days of the date of this order, the
                 Secretary of Commerce, through the Director of the
                 National Institute of Standards and Technology (NIST),
                 shall issue a plan for Federal engagement in the
                 development of technical standards and related tools in
                 support of reliable, robust, and trustworthy systems
                 that use AI technologies. NIST shall lead the
                 development of this plan with participation from
                 relevant agencies as the Secretary of Commerce shall
                 determine.
                (i) Consistent with OMB Circular A-119, this plan shall include:
                 (A) Federal priority needs for standardization of AI systems development
                and deployment;
                 (B) identification of standards development entities in which Federal
                agencies should seek membership with the goal of establishing or supporting
                United States technical leadership roles; and
                 (C) opportunities for and challenges to United States leadership in
                standardization related to AI technologies.
                (ii) This plan shall be developed in consultation with the Select
                Committee, as needed, and in consultation with the private sector,
                academia, non-governmental entities, and other stakeholders, as
                appropriate.
                [[Page 3971]]
                 Sec. 7. AI and the American Workforce.
                 (a) Heads of implementing agencies that also
                 provide educational grants shall, to the extent
                 consistent with applicable law, consider AI as a
                 priority area within existing Federal fellowship and
                 service programs.
                (i) Eligible programs for prioritization shall give preference to American
                citizens, to the extent permitted by law, and shall include:
                 (A) high school, undergraduate, and graduate fellowship; alternative
                education; and training programs;
                 (B) programs to recognize and fund early-career university faculty who
                conduct AI R&D, including through Presidential awards and recognitions;
                 (C) scholarship for service programs;
                 (D) direct commissioning programs of the United States Armed Forces; and
                 (E) programs that support the development of instructional programs and
                curricula that encourage the integration of AI technologies into courses in
                order to facilitate personalized and adaptive learning experiences for
                formal and informal education and training.
                (ii) Agencies shall annually communicate plans for achieving this
                prioritization to the co-chairs of the Select Committee.
                 (b) Within 90 days of the date of this order, the
                 Select Committee shall provide recommendations to the
                 NSTC Committee on STEM Education regarding AI-related
                 educational and workforce development considerations
                 that focus on American citizens.
                 (c) The Select Committee shall provide technical
                 expertise to the National Council for the American
                 Worker on matters regarding AI and the American
                 workforce, as appropriate.
                 Sec. 8. Action Plan for Protection of the United States
                 Advantage in AI Technologies.
                 (a) As directed by the NSPM, the Assistant to the
                 President for National Security Affairs, in
                 coordination with the OSTP Director and the recipients
                 of the NSPM, shall organize the development of an
                 action plan to protect the United States advantage in
                 AI and AI technology critical to United States economic
                 and national security interests against strategic
                 competitors and adversarial nations.
                 (b) The action plan shall be provided to the
                 President within 120 days of the date of this order,
                 and may be classified in full or in part, as
                 appropriate.
                 (c) Upon approval by the President, the action plan
                 shall be implemented by all agencies who are recipients
                 of the NSPM, for all AI-related activities, including
                 those conducted pursuant to this order.
                 Sec. 9. Definitions. As used in this order:
                 (a) the term ``artificial intelligence'' means the
                 full extent of Federal investments in AI, to include:
                 R&D of core AI techniques and technologies; AI
                 prototype systems; application and adaptation of AI
                 techniques; architectural and systems support for AI;
                 and cyberinfrastructure, data sets, and standards for
                 AI; and
                 (b) the term ``open data'' shall, in accordance
                 with OMB Circular A-130 and memorandum M-13-13, mean
                 ``publicly available data structured in a way that
                 enables the data to be fully discoverable and usable by
                 end users.''
                 Sec. 10. General Provisions.
                 (a) Nothing in this order shall be construed to
                 impair or otherwise affect:
                (i) the authority granted by law to an executive department or agency, or
                the head thereof; or
                (ii) the functions of the Director of OMB relating to budgetary,
                administrative, or legislative proposals.
                [[Page 3972]]
                 (b) This order shall be implemented consistent with
                 applicable law and subject to the availability of
                 appropriations.
                 (c) This order is not intended to, and does not,
                 create any right or benefit, substantive or procedural,
                 enforceable 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.
                
                
                 (Presidential Sig.)
                 THE WHITE HOUSE,
                 February 11, 2019.
                [FR Doc. 2019-02544
                Filed 2-13-19; 8:45 am]
                Billing code 3295-F9-P
                

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