OMB Memorandum on AI Executive Order Released for Public Comment

On November 1, 2023, after the Biden administration’s October 30, 2023 release of its landmark executive order on artificial intelligence (“AI”), the Office of Management and Budget (“OMB”) released a draft proposed memorandum on implementing the executive order. The draft memo directs heads of executive departments and agencies to advance AI governance and innovation while managing AI risks, particularly those affecting the safety and rights of the public. Unlike the executive order itself, OMB has released this draft AI guidance for public comment. Comments are due on December 5, 2023.

The memorandum addresses several topics from (a) strengthening artificial intelligence governance; (b) advancing responsible AI innovation and (c) managing risks from the use of AI. The memorandum also includes a consolidated table of actions for each agency to implement with associated deadlines.  The OMB memorandum presents agencies with sets of requirements and guidelines as they implement the AI governance initiatives outlined in the executive order. According to the OMB press release, the guidance is intended to “establish AI governance structures in federal agencies, advance responsible AI innovation, increase transparency, protect federal workers, and manage risks from government uses of AI.”

• The draft memorandum may be found here.
• A “human-readable” summary of the memorandum, compiled by UC-Berkeley professor and Chancellor’s Public Scholar, Professor David Evan Harris and his student research team, can be accessed here.
• To file public comments in response to the proposed memorandum, click here.

For more detailed information or to seek support in drafting comments in response to the memorandum, please contact a member of our firm’s Data Privacy and Security team.