Introduction
The federal government has established comprehensive guidelines for the implementation and management of artificial intelligence (AI) systems within its agencies. These guidelines aim to ensure that AI systems are used responsibly, with a focus on civil rights, privacy [1] [4], and security, while fostering innovation and public trust.
Description
Federal agencies are required to document their implementation of practices for high-impact uses of AI within 365 days [3], unless a waiver is issued by the agency Chief AI Officer (CAIO) [3]. High-impact AI systems are those with substantial implications for civil rights, privacy [1] [4], human health [1], and critical infrastructure [1]. The minimum risk management practices mandated include conducting pre-deployment testing [3], completing an AI impact assessment [3], ongoing performance monitoring [3], ensuring adequate human training and oversight [3], providing remedies or appeals [3], and incorporating feedback from end users and the public [3]. Non-compliant uses must be terminated [2], and agencies are encouraged to maintain annual public inventories of their AI applications [2], updating them regularly to reflect current usage.
In addition, agencies must develop AI strategies within 180 days [1], ensure data interoperability [1], and adhere to privacy policies while managing government data used in AI systems [1]. This includes ensuring that data is collected and retained only when necessary and that its use is restricted without explicit agency consent [1], necessitating that AI contractors keep government data separate from other training data [1]. Agencies are also required to update their internal acquisition policies within 270 days to align with new guidance on AI procurement [4].
Effective October 1, 2025 [3], a memorandum outlines specific requirements for federal procurement of AI, applicable to contracts awarded or renewed after that date [3], excluding those for national security systems [3]. This directive emphasizes the importance of conducting thorough market research, developing solicitations [1], and managing contracts [1], with a strong encouragement for performance-based contracting techniques, including the use of Statements of Objectives and Quality Assurance Surveillance Plans to enhance vendor performance [4]. Agencies are urged to prioritize US-produced AI products and must focus on maximizing the use of domestically produced AI.
Notable recommendations include the necessity of testing AI systems before contract awards and the formation of an AI Governance Board to ensure the development of trustworthy, secure [1] [4], and accountable AI systems [1]. Furthermore, agencies are given a 200-day deadline to create a web-based repository of AI procurement tools [2], enhancing the competitive AI marketplace and promoting cross-functional collaboration. This repository will facilitate the sharing of tools, contract language [4], and best practices [4], while also ensuring transparency by requiring agencies to provide vendors with detailed documentation, especially for high-impact AI use cases [4].
A significant aspect of the memorandum addresses intellectual property rights and the use of government data [4], mandating that agencies clearly define ownership rights and ensure access to necessary components for operating AI systems [4]. Vendors are restricted from using agency data for training commercial AI models without consent [4], and privacy protections must be integrated into contracts [4], particularly concerning personally identifiable information [4]. This directive represents a significant shift in the federal government’s approach to AI [4], aiming to balance innovation with security [4], ethics [4], and accountability while fostering public trust in the adoption of AI in public services [4].
Conclusion
The federal guidelines for AI implementation and management underscore a commitment to responsible AI use, emphasizing security, privacy [1] [4], and ethical considerations. By setting clear standards and encouraging transparency, these measures aim to build public trust and ensure that AI technologies are leveraged effectively and safely within government operations. The focus on domestic AI products and the establishment of an AI Governance Board further highlight the government’s dedication to fostering innovation while maintaining accountability and public confidence.
References
[1] https://www.wiley.law/alert-Trump-Administration-Revamps-Guidance-on-Federal-Use-and-Procurement-of-AI
[2] https://fedscoop.com/trump-white-house-ai-use-acquisition-guidance-government/
[3] https://www.jdsupra.com/legalnews/trump-administration-revamps-guidance-8759415/
[4] https://www.fedcontractpros.com/blog/advancing-ai-in-government-a-new-blueprint-for-responsible-acquisition
