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EO 13859Executive OrderTrump 45 · R Quiet signal

Executive Order 13859

Maintaining American Leadership in Artificial Intelligence

This executive order establishes the American AI Initiative, a coordinated federal strategy to maintain U.S. leadership in artificial intelligence through increased R&D investment, expanded access to federal data and computing resources, workforce development, and protection of AI technologies from foreign acquisition. It directs agencies to prioritize AI in budgeting, issues multiple deadlines for reports and guidance on data access, regulation, standards, and security, and creates governance structures through the National Science and Technology Council Select Committee on AI.

Federal Register Open PDF 84 FR 3967

Impact dates

  1. Implementing agencies with regulatory authorities to review authorities and submit plans for consistency with OMB memorandum

  2. Agencies to consider methods improving quality, usability, and access to priority AI data and identify resource implications

  3. Select Committee with GSA report to President on enabling cloud computing for federally funded AI R&D

  4. OMB Director memorandum to agency heads on regulatory and non-regulatory approaches to AI

  5. Commerce Secretary through NIST plan for federal engagement in AI technical standards development

  6. OMB update to Enterprise Data Inventories and Source Code Inventories implementation guidance

  7. NSPM action plan to protect U.S. AI advantage provided to President

  8. OMB Federal Register notice inviting public input on federal data and model access for AI R&D

  9. OMB investigation of barriers to access or quality limitations of federal data and models

  10. Select Committee recommendations to NSTC Committee on STEM Education on AI education and workforce

  11. AI R&D agencies identify programs for AI priority and estimate spending after appropriations enactment

Key directives

  • Agency heads to consider AI as R&D priority for FY2020 budget proposals and future years
  • AI R&D agencies to communicate prioritization plans to OMB/OSTP through NITRD Program annually
  • Within 90 days of appropriations enactment, agencies to identify AI R&D priority programs and estimate spending
  • OMB to publish Federal Register notice within 90 days inviting public input on federal data/model access
  • OMB to investigate data access barriers within 90 days
  • OMB to update Enterprise Data Inventories and Source Code Inventories guidance within 120 days
  • Agencies to consider methods to improve quality/usability/access of priority AI data within 180 days
  • Select Committee with GSA to submit cloud computing recommendations report within 180 days
  • OMB Director to issue AI regulatory guidance memorandum within 180 days
  • Commerce Secretary through NIST to issue federal standards engagement plan within 180 days
  • Implementing agencies with regulatory authority to review authorities and submit consistency plans within 180 days of memorandum issuance
  • Select Committee to provide STEM education recommendations within 90 days

Who is ordered

Timeline

Immediate

  • Establishment of American AI Initiative and Select Committee governance structure
  • Agency heads directed to consider AI as R&D priority for FY2020 budget planning

Near term (90d)

  • OMB Federal Register notice on data access (90 days)
  • OMB investigation of data barriers (90 days)
  • Select Committee STEM education recommendations (90 days)

Long term

  • FY2020 and future year budget prioritization
  • Implementation of regulatory guidance memorandum
  • Federal engagement in AI technical standards development
  • Ongoing workforce training and international collaboration

Risks & tensions

  • Budgetary impact contingent on appropriations and agency discretion—EO does not mandate specific funding levels
  • Tension between expanding data access for AI R&D and protecting privacy, security, and confidentiality
  • Regulatory guidance memorandum must balance innovation promotion against civil liberties and security protections
  • Classified NSPM action plan limits public accountability for technology protection measures
  • Vague 'as appropriate' and 'to the extent consistent with applicable law' language creates implementation uncertainty across multiple sections
  • Preference for American citizens in education programs may raise legal questions about discrimination
Executive Order 13859: Maintaining American Leadership in Artificial Intelligence · Executive Orders