Biden Admin Releases Blueprint for AI Use

WASHINGTON – As a new and rapidly developing technology, artificial intelligence (AI) will have a major impact on the federal government, and on Tuesday, the Biden Administration took a step to organize and regulate AI – a first-draft guidance policy on the use of AI by the U.S. government.

The 143-page Executive Order impacts 20-plus federal agencies and provides timelines for completion ranging from 30 days to a full year (365 days).

The Executive Order primarily focuses on U.S. federal agencies, but it also will impact some private companies who do business with the government or, in some cases, work with AI systems.

Various housing and lending oversight agencies are directed to consider their regulated entities and, where possible “use appropriate methodologies including AI tools to ensure compliance with federal law” to:

• Evaluate underwriting models for bias or disparities affecting protected groups.
• Evaluate automated collateral-valuation and appraisal processes in ways that minimize bias.
• Within 180 days of the date of this order, combat unlawful discrimination enabled by automated or algorithmic tools used to make decisions about access to housing and in other real estate-related transactions.
• Address the use of tenant screening systems in ways that may violate the Fair Housing Act, the Fair Credit Reporting Act or other relevant federal laws, including how the use of data, such as criminal records, eviction records and credit information, can lead to discriminatory outcomes in violation of federal law.
• Address how the Fair Housing Act, the Consumer Financial Protection Act of 2010, or the Equal Credit Opportunity Act apply to the advertising of housing, credit and other real estate-related transactions through digital platforms, including those that use algorithms to facilitate advertising delivery.
• Ensure that people with disabilities benefit from AI’s promise while being protected from its risks, including unequal treatment from the use of biometric data like gaze direction, eye tracking, gait analysis and hand motions.

Overall, the Executive Order lists eight broad goals:

1. Ensure AI safety and security.
2. Push for responsible innovation, competition and collaboration.
3. Support American workers.
4. Advance equity and civil rights.
5. Protect consumers, patients and students.
6. Protect Americans’ privacy and their civil liberties.
7. Ensure government use if AI is responsible and effective.
8. Advance global cooperation in AI development.

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