[Federal Register Volume 88, Number 212 (Friday, November 3, 2023)]
[Notices]
[Pages 75625-75626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24269]


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OFFICE OF MANAGEMENT AND BUDGET


Request for Comments on Advancing Governance, Innovation, and 
Risk Management for Agency Use of Artificial Intelligence Draft 
Memorandum

AGENCY: Office of Management and Budget.

ACTION: Notice of public comment period.

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SUMMARY: The Office of Management and Budget (OMB) is seeking public 
comment on a draft memorandum titled Advancing Governance, Innovation, 
and Risk Management for Agency Use of Artificial Intelligence (AI). As 
proposed, the memorandum would establish new agency requirements in 
areas of AI governance, innovation, and risk management, and would 
direct agencies to adopt specific minimum risk management practices for 
uses of AI that impact the rights and safety of the public. The full 
text of the draft memorandum is available for review at https://www.ai.gov/input and https://www.regulations.gov.

DATES: Written comments must be received on or before December 5, 2023.

ADDRESSES: Please submit comments via https://www.regulations.gov, a 
Federal website that allows the public to find, review, and submit 
comments on documents that agencies have published in the Federal 
Register and that are open for comment. Simply type ``OMB-2023-0020'' 
in the search box, click ``Search,'' click the ``Comment'' button 
underneath ``Request for Comments on Advancing Governance, Innovation, 
and Risk Management for Agency Use of Artificial Intelligence 
Memorandum,'' and follow the instructions for submitting comments. The 
OMB System of Records Notice, OMB Public Input System of Records, OMB/
INPUT/01, includes a list of routine uses associated with the 
collection of this information.
    Privacy/FOIA Notice: Comments submitted in response to this notice 
may be publicly available and are subject to disclosure under the 
Freedom of Information Act. For this reason, please do not include in 
your comments information of a confidential nature, such sensitive 
personal information or proprietary information, or any other 
information that you would not want publicly disclosed.

FOR FURTHER INFORMATION CONTACT: Please direct questions regarding this 
Notice to Cindy Martinez at [email protected] with ``AI Memo Request 
for Comment'' in the subject line, or by phone at 202-395-0379. Please 
direct media inquiries to OMB OFCIO's Office of Public Affairs, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Administration has undertaken numerous 
efforts to advance responsible AI innovation and secure protections for 
people's rights and safety. This work spans targeted sector-specific 
initiatives, such as the Department of Health and Human Services' 
proposed rule to protect patients from discriminatory algorithms in 
health care,\i\ as well as more broadly applicable guidance from the 
Department of Justice and Equal Employment Opportunity Commission to 
help employers avoid AI-enabled disability discrimination in 
employment.\ii\ Significant efforts have also yielded the development 
of landmark voluntary frameworks such as the National Institute of 
Standards and Technology's (NIST) AI Risk Management Framework and 
White House Office of Science and Technology Policy's Blueprint for an 
AI Bill of Rights. To build upon this body of policy, and in accord 
with President Biden's Executive Order of October 30, 2023 (Safe, 
Secure, and Trustworthy Development and Use of Artificial 
Intelligence), OMB has prepared a draft memorandum that would direct 
Federal agencies to strengthen their AI governance and innovation 
programs while managing risks from the use of AI, particularly when 
that use affects the safety and rights of the public. This memorandum 
also would carry out provisions of the AI in Government Act of 2020, 
secs. 101-104, Div. U, Public Law 116-260, and the Advancing American 
AI Act, secs. 7221-7228, Public Law 117-263.
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    \i\ Section 1557 of the Patient Protection and Affordable Care 
Act; 42 U.S.C. 18116, https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html.
    \ii\ Algorithms, Artificial Intelligence, and Disability 
Discrimination in Hiring, Department of Justice and Equal Employment 
Opportunity Commission, https://www.ada.gov/resources/ai-guidance/.
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Requests for Comment

    Through this Request for Comment, OMB hopes to gather information 
on the questions posed below. However, this list is not intended to 
limit the scope of topics that may be addressed. Commenters are invited 
to provide feedback on any topic believed to have implications for the 
content or implementation of the proposed memorandum.
    When responding to one or more of the questions below, please note 
in the text of your response the number of the question to which you 
are responding. Commenters should include a page number on each page of 
their submissions. Commenters are not required to respond to all 
questions.
    OMB is requesting feedback related to the following:
    1. The composition of Federal agencies varies significantly in ways 
that will shape the way they approach governance. An overarching 
Federal policy must account for differences in an agency's size, 
organization, budget, mission, organic AI talent, and more. Are the 
roles, responsibilities, seniority, position, and reporting structures 
outlined for Chief AI Officers sufficiently flexible and achievable for 
the breadth of covered agencies?
    2. What types of coordination mechanisms, either in the public or 
private sector, would be particularly effective for agencies to model 
in their establishment of an AI Governance Body? What are the benefits 
or drawbacks to having agencies establishing a new body to perform AI 
governance versus updating the scope of an existing group (for example, 
agency bodies focused on privacy, IT, or data)?
    3. How can OMB best advance responsible AI innovation?
    4. With adequate safeguards in place, how should agencies take 
advantage of generative AI to improve agency missions or business 
operations?
    5. Are there use cases for presumed safety-impacting and rights-
impacting AI (Section 5 (b)) that should be included, removed, or 
revised? If so, why?
    6. Do the minimum practices identified for safety-impacting and 
rights-impacting AI set an appropriate baseline that is applicable 
across all agencies and all such uses of AI? How

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can the minimum practices be improved, recognizing that agencies will 
need to apply context-specific risk mitigations in addition to what is 
listed?
    7. What types of materials or resources would be most valuable to 
help agencies, as appropriate, incorporate the requirements and 
recommendations of this memorandum into relevant contracts?
    8. What kind of information should be made public about agencies' 
use of AI in their annual use case inventory?

Clare Martorana,
U.S. Federal Chief Information Officer, Office of the Federal Chief 
Information Officer, Office of Management Budget.
[FR Doc. 2023-24269 Filed 11-2-23; 8:45 am]
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