Commerce Department's Framework for AI Diffusion

President Trump Revokes Biden Administration’s AI EO: What To Know: Wiley 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 

 
 
 
 

 

 

 
 
 



 


 


 

 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Alert 
 January 22, 2025 
 
 President Trump Revokes Biden Administration’s AI EO: What To Know

 January 22, 2025 As expected, President Trump took action on the first day of his new term to revoke the landmark 2023 Executive Order on Artificial Intelligence (AI) that was the centerpiece of the Biden Administration’s approach to AI. Specifically, on January 20, 2025, President Trump issued an Executive Order titled Initial Rescissions of Harmful Executive Orders and Actions (Recission EO) , which revoked a long list of Executive Orders and actions issued during the Biden Administration, including the October 2023 Executive Order 14110 on AI (2023 Biden AI EO). While this move had been previewed for several months, the focus now turns to how the new Administration will handle specific efforts and projects that the 2023 Biden AI EO launched across the federal government, and how the Trump Administration might reorient federal AI policy from a regulatory standpoint.


 Looking Back: The 2023 Executive Order Launched a Wide Range of Federal AI Efforts 


 The 2023 Biden AI EO launched a massive effort across the federal government to address emerging AI issues – including by instructing federal agencies to adopt new guidelines, rules, and policies, in addition to requiring them to employ AI officers, engage in international efforts, and in some cases move forward with regulatory proposals. With the exception of a few 2025 deadlines, the Biden Administration reported that federal agencies had met their goals under the EO at the end of last year.


 Now with the 2023 Biden AI EO revoked, the fate of many of those efforts is uncertain. As one example, the Office of Budget and Management (OMB) was required under the 2023 Biden AI EO to issue guidance on the federal use of AI, and it issued (1) the Memorandum on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence , which was finalized in March 2024 and provided guidance and established a set of evaluation, monitoring, and risk mitigation practices for federal agencies regarding use of AI technology, and (2) Memorandum M-24-18, Advancing the Responsible Acquisitions of Artificial Intelligence in Government , which was finalized in October 2024 and created new requirements and recommendations for federal agency acquisition of AI. However, the current Administration is likely to revisit at least some portions of the guidance for federal agency use of AI. Stakeholders should therefore monitor OMB announcements and guidance closely to gain insight and clarity into whether this guidance – like the underlying EO – will also be revoked or will be updated. 


 Additionally, not all Biden Administration AI efforts were rolled back in the Rescission EO.

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