The Trump Administration has issued a new Executive Order (EO) on Artificial Intelligence (AI) that previews the new direction for federal AI policy.
*****
As we noted in a recent update, one of President Trump's first actions in his second term was an Executive Order – Initial Rescissions of Harmful Executive Orders and Actions (Recission EO)– that revoked a long list of Biden Administration Executive Orders and actions, including the October 2023 Executive Order 14110 on AI (2023 Biden AI EO). Following the Recission EO, big questions still remained about the many completed and ongoing actions from federal agencies that were undertaken to implement the 2023 Biden AI EO, including guidance for federal agencies on the use of AI from the Office of Budget and Management (OMB).
Now, a few days into the new Administration, we are beginning to get some answers. On January 23, 2025, President Trump followed up the Recission EO with a new EO entitled Removing Barriers to American Leadership in Artificial Intelligence (2025 Trump AI EO), which declares that U.S. policy will "sustain and enhance America's global AI dominance in order to promote human flourishing, economic competitiveness, and national security." Notably, the 2025 Trump AI EO:
- Orders the Assistant to the President for Science and Technology, the Special Advisor for AI and Crypto, and the National Security Advisor to review agency actions under the 2023 Biden AI EO, and instructs them to suspend, revise, or rescind any agency actions they identify as inconsistent with the 2025 Trump AI EO's policy statement;
- Directs OMB to revise the two Biden Administration OMB AI memoranda that guided federal agency use of AI: 1) Memorandum on Advancing Governance, Innovation, and Risk Management for Agency Use of Artificial Intelligence (March 2024) and (2) Memorandum M-24-18, Advancing the Responsible Acquisitions of Artificial Intelligence in Government (October 2024), consistent with the EO's policy statement; and
- Tasks the White House staff with developing an "action plan" to implement the new AI policy.
So what's next? This latest EO is not detailed, but it suggests potential reversal of certain Biden Administration guidance and mandates, including heightened requirements for use and procurement of certain types of AI. We will be watching closely for ongoing developments, which are expected on a relatively short timeline. In particular, the review for the implementation of the 2023 Biden AI EO revocation must start "immediately," though decisions from those reviews are not subject to strict timelines. Additionally, the new OMB guidance is due by March 24, 2025, and the forthcoming action plan is due by July 22, 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
