Executive Order 14319, Preventing Woke AI in the Federal Government
Exec. Order No. 14319, 90 Fed. Reg. 35389 ()
In force since .
An AI governance rule binding government bodies.
- Obligation class
- Contract terms, Governance, Disclosure
As of .
What it requires
- This order binds executive agencies, not vendors; it reaches you if you sell a large language model, or a product that integrates one, to an agency, through the contract terms and solicitation requests the agency must use under OMB Memorandum M-26-04, and national security systems are outside that memorandum (Sections 3 and 4(b)).
- If you sell a large language model to an agency under a contract entered into after , accept a contract term requiring the model to comply with the Unbiased AI Principles, Truth-seeking and Ideological Neutrality (Section 4(b)(i); OMB Memorandum M-26-04, Agency Actions).
- Accept a contract term that charges the agency's decommissioning costs to you if the agency terminates the contract for your noncompliance following a reasonable period to cure (Section 4(b)(i)).
- Accept the same terms where an agency revises an existing contract for a large language model, to the extent practicable and consistent with the contract's terms (Section 4(b)(ii)).
- Give the agency what its solicitation requests: an acceptable use policy, model, system or data cards, end user resources and a mechanism for end user feedback, and information about how a model is developed and operated where it is integrated into another product or service (OMB Memorandum M-26-04, Appendix A, Section 1).
- You may comply with the second principle by disclosing the model's system prompt, specifications, evaluations or other relevant documentation, without disclosing specific model weights or other sensitive technical data where practicable (Section 4(a)(ii)).
- If you are an executive agency, procure only large language models developed in accordance with the Unbiased AI Principles, adopt procedures within 90 days of the OMB guidance to ensure procured models comply, and update your procurement policies by (Sections 3 and 4(b)(iii); OMB Memorandum M-26-04, Agency Actions).
These lines are LexLint's reading of the law's text, as of .
What this law does
Executive Order 14319 was issued on under the title Preventing Woke AI in the Federal Government. Executive Order 14319 builds on Executive Order 13960 of for large language models. Agency heads must, consistent with applicable law and in consideration of OMB guidance, procure only those large language models developed in accordance with two principles, the Unbiased AI Principles.
Under the Truth-seeking principle, a large language model must be truthful in responding to user prompts seeking factual information or analysis, prioritize historical accuracy, scientific inquiry, and objectivity, and acknowledge uncertainty where reliable information is incomplete or contradictory.
Under the Ideological Neutrality principle, a large language model must be a neutral, nonpartisan tool that does not manipulate responses in favor of ideological dogmas, and developers must not intentionally encode partisan or ideological judgments into its outputs unless those judgments are prompted by or otherwise readily accessible to the end user.
Within 120 days of the order, the Director of the Office of Management and Budget, in consultation with the Administrator for Federal Procurement Policy, the Administrator of General Services, and the Director of the Office of Science and Technology Policy, must issue guidance to agencies to implement section 3.
The OMB guidance required by section 4(a) must permit vendors to comply with the second principle through disclosure of the system prompt, specifications, evaluations, or other relevant documentation, and avoid requiring disclosure of specific model weights or other sensitive technical data where practicable. The OMB guidance required by section 4(a) must also make exceptions as appropriate for the use of large language models in national security systems.
To the maximum extent consistent with applicable law, each agency head must include in each Federal contract for a large language model entered into after the date of the OMB guidance terms requiring that the procured model comply with the Unbiased AI Principles, and providing that decommissioning costs are charged to the vendor if the agency terminates for the vendor's noncompliance following a reasonable period to cure.
Each agency head must, to the extent practicable and consistent with contract terms, revise existing contracts for large language models to include those terms. Within 90 days of the OMB guidance, each agency head must adopt procedures to ensure that large language models procured by the agency comply with the Unbiased AI Principles. The order creates no right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States.
OMB Memorandum M-26-04, dated , states that it implements section 4 of the order. OMB Memorandum M-26-04 requires each agency to ensure that any solicitation or order for procurement of a large language model that the agency issues after the date of the memorandum includes contractual requirements addressing compliance with the Unbiased AI Principles.
OMB Memorandum M-26-04 also requires each agency to update its policies and procedures no later than so that contracts for the procurement of large language models include those contractual requirements. In solicitations for large language models, an agency must request an acceptable use policy from the vendor. An agency must also request model, system or data cards, end user resources, and a mechanism for end user feedback.
An agency must also request information regarding development and operation of a large language model when the model is integrated into another software product or service to be procured. An agency should explicitly identify the relevant requirements as material to eligibility and payment under the contract, to support termination of the contract for default where the vendor refuses to take corrective action.
OMB Memorandum M-26-04 does not apply to national security systems, and it excludes AI used incidentally by a contractor during performance of a contract for administrative purposes. OMB Memorandum M-26-04 ceases to have any force or effect two years after the date of its issuance, unless the Director of OMB provides otherwise.
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