FACT SHEET: Vice President Harris Announces OMB Policy to Advance Governance,

Administration announces completion of 150-day actions tasked by President Biden’s landmark Executive Order on AI

Today, Vice President Kamala Harris announced that the White House Office of Management and Budget (OMB) is issuing OMB’s first government-wide policy to mitigate risks of artificial intelligence (AI) and harness its benefits – delivering on a core component of the President Biden’s landmark AI Executive Order.  The Order directed sweeping action to strengthen AI safety and security, protect Americans’ privacy, advance equity and civil rights, stand up for consumers and workers, promote innovation and competition, advance American leadership around the world, and more. Federal agencies have reported that they have completed all of the 150-day actions tasked by the E.O, building on their previous success of completing all 90-day actions.

This multi-faceted direction to Federal departments and agencies builds upon the Biden-Harris Administration’s record of ensuring that America leads the way in responsible AI innovation. In recent weeks, OMB announced that the President’s Budget invests in agencies’ ability to responsibly develop, test, procure, and integrate transformative AI applications across the Federal Government.

In line with the President’s Executive Order, OMB’s new policy directs the following actions:

Address Risks from the Use of AI

This guidance places people and communities at the center of the government’s innovation goals. Federal agencies have a distinct responsibility to identify and manage AI risks because of the role they play in our society, and the public must have confidence that the agencies will protect their rights and safety.

By December 1, 2024, Federal agencies will be required to implement concrete safeguards when using AI in a way that could impact Americans’ rights or safety. These safeguards include a range of mandatory actions to reliably assess, test, and monitor AI’s impacts on the public, mitigate the risks of algorithmic discrimination, and provide the public with transparency into how the government uses AI. These safeguards apply to a wide range of AI applications from health and education to employment and housing.

For example, by adopting these safeguards, agencies can ensure that:

• When at the airport, travelers will continue to have the ability to opt out from the use of TSA facial recognition without any delay or losing their place in line.
• When AI is used in the Federal healthcare system to support critical diagnostics decisions, a human being is overseeing the process to verify the tools’ results and avoids disparities in healthcare access.
• When AI is used to detect fraud in government services there is human oversight of impactful decisions and affected individuals have the opportunity to seek remedy for AI harms.

If an agency cannot apply these safeguards, the agency must cease using the AI system, unless agency leadership justifies why doing so would increase risks to safety or rights overall or would create an unacceptable impediment to critical agency operations.   

To protect the federal workforce as the government adopts AI, OMB’s policy encourages agencies to consult federal employee unions and adopt the Department of Labor’s forthcoming principles on mitigating AI’s potential harms to employees. The Department is also leading by example, consulting with federal employees and labor unions both in the development of those principles and its own governance and use of AI.

The guidance also advises Federal agencies on managing risks specific to their procurement of AI. Federal procurement of AI presents unique challenges, and a strong AI marketplace requires safeguards for fair competition, data protection, and transparency. Later this year, OMB will take action to ensure that agencies’ AI contracts align with OMB policy and protect the rights and safety of the public from AI-related risks. The RFI issued today will collect input from the public on ways to ensure that private sector companies supporting the Federal Government follow the best available practices and requirements.

Expand Transparency of AI Use

The policy released today requires Federal agencies to improve public transparency in their use of AI by requiring agencies to publicly:

• Release expanded annual inventories of their AI use cases, including identifying use cases that impact rights or safety and how the agency is addressing the relevant risks.
• Report metrics about the agency’s AI use cases that are withheld from the public inventory because of their sensitivity.
• Notify the public of any AI exempted by a waiver from complying with any element of the OMB policy, along…