Pennsylvania EO 2023-19 (Governing Use of Gen AI in Pennsylvania)

Executive Order 2023-19 – Expanding and Governing the Use of Generative Artificial Intelligence Technologies Within the Commonwealth of Pennsylvania Date: September 20, 2023 By Direction of: Josh Shapiro, Governor

WHEREAS, the integration of Generative Artificial Intelligence (AI) into Pennsylvania’s economy and the daily lives of Pennsylvanians requires the Commonwealth to ensure it is used responsibly and ethically in the Commonwealth’s operations; and WHEREAS, responsible use of Generative AI can help Commonwealth agencies more efficiently communicate with and serve Pennsylvania’s customers, residents, visitors, and industry when the technology is made available for the agency’s use; and WHEREAS, Generative AI cannot and should never replace human creativity, moral judgment, or lived experiences of Pennsylvanians; and WHEREAS, Generative AI’s full potential can only be achieved by the Commonwealth when its use is grounded in a balanced approach prioritizing our employees, encouraging the innovative uses of technology to better serve Pennsylvanians, and aligning with industry standards on proportionate and adaptive policies; and WHEREAS, responsible and ethical use of Generative AI by the Commonwealth should be conducted within a governance structure that ensures transparency, tests for bias, addresses privacy concerns, and safeguards our values.

NOW, THEREFORE, I, Josh Shapiro, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws of the Commonwealth, do hereby create the Generative AI Governing Board and order and direct the following 1. Definitions. For purposes of this order: a. Adaptability refers to the resilience of policy to withstand and keep up with the natural advancement of technology. b. Agencies refers to Commonwealth agencies under the Governor’s jurisdiction. c. Bias refers to erroneous or prejudiced assumptions in artificial intelligence and machine learning processes that may affect Generative output. d. Generative Artificial Intelligence (Generative AI) refers to technology or tools that use predictive algorithms to create new content including audio, code, images, text, simulations, and videos. e. Proportionality refers to the scope and scale of a policy-making response that corresponds to the context-specific needs of the end-user, the persons or entities using a tool or process, or the risk inherent in the desired outcome. 2. Purpose. The values, governance structures, and policy in this Executive Order are intended to establish responsive and responsible standards for the governance of Generative AI when used by Agencies and to ensure that the use of Generative AI does not assist or enable activities that violate the laws of the Commonwealth or the United States of America.

3. Core Values Governing the Use of Generative AI Technology in Pennsylvania. Agencies shall weigh the design, development, procurement, and deployment of Generative AI technology based on the following core values. The Office of Administration (OA) shall proactively consider these core values in all its activities, policies, and processes that leverage or intersect with technologies that enable automated decision-making. a. Accuracy – When using Generative AI, Agencies shall confirm that the Generative AI produces accurate and verifiable information. OA shall develop policies on how best to audit and verify Generative AI outputs to ensure clear and accurate information. b. Adaptability – The fast-evolving nature of Generative AI and its potential use cases require Agencies to establish and maintain an ability and willingness to recognize and adapt to shifting risks and opportunities. Moving at the speed of business requires the Commonwealth to make investments that promote continued research and diligence; engage with external stakeholders and subject matter experts; and learn from other government partners. c. Employee Empowerment – While using Generative AI, Agencies shall ensure their employees are both better serving Pennsylvanians and improving their own skillset for a changing economy and professional development. The Commonwealth and OA shall create training opportunities for employees to grow their skills in utilizing, understanding, and managing Generative AI tools or technology.

d. Equity and Fairness – Agencies shall use Generative AI in a way that does not unlawfully discriminate against or disparately impact individuals or communities based on or due to ancestry, disability, age, sex, national origin, familial status, race, gender, religious creed, color, sexual orientation, gender identity, or gender expression. Agencies shall use Generative AI in a humancentered and equitable manner testing for and protecting against Bias so that its use does not favor or disadvantage any demographic group over others. e. Innovation – The Commonwealth should be a public sector leader in harnessing Generative AI to improve the delivery of public services to customers, residents, visitors, and industry and to enable Agencies to be more effective and efficient in their daily work. Agencies shall proactively and iteratively evaluate and present to the AI Governing Board for consideration potential salient use cases of Generative AI. f. Mission Aligned – When using Generative AI, Agencies shall ensure that it is used in service of their core missions to serve customers, residents, visitors, and industry and to support Commonwealth employees.

g. Privacy – The design, development, procurement, and deployment of Generative AI by Agencies must not adversely affect the privacy rights of users. Agencies shall ensure that training related to the use of Generative AI and the input of data into those tools complies with applicable laws, regulations, and policies concerning the privacy rights of users. h. Proportionality – OA shall develop policies that encourage or control the use of Generative AI in a context-specific manner that is consistent with these core values, but which does not unnecessarily burden end users or Agencies. i. Safety and Security – OA shall lead the development and implementation of standards, procedures, and policies to safeguard and secure the data provided to the Commonwealth by customers, residents, visitors, and industry against unauthorized uses and intrusions. j. Transparency – Agencies shall ensure transparency and accountability in the design, development, procurement, and deployment of Generative AI in a manner that respects and strengthens public trust. When using Generative AI tools to create content, Agency external-facing services or dataset inputs or outputs shall disclose the use of AI; and what Bias testing was done, if any.

4. The Generative AI Governing Board. a. Responsibilities. The Generative AI Governing Board (“Board”) shall recommend to OA employee-centered guidance and direction on the design, development, procurement, and deployment of Generative AI in Agencies, including policies on the utilization of Generative AI; a mechanism that provides for internal and external feedback on policies to the extent that such disclosure of such policies would not jeopardize the security of any individual or entity or Commonwealth personnel, infrastructure, systems, or data; the receipt of updates and training from subject matter experts on the evolving field of Generative AI technology; and the establishment of the values set forth in Section 3 of this Executive Order. Specifically, the Board shall have the responsibility to: (1) Make recommendations regarding Agency requests to utilize Generative AI technology, based upon a review process that evaluates the technology’s Bias and security, and whether the Agency’s requested use of Generative AI adheres to the values set forward in Section 3. (2) Develop and recommend processes and procedures by which Agencies should apply the values expressed in Section 3 to the process of procuring and implementing Generative AI tools. (3) Encourage Agencies to utilize Generative AI when it improves service delivery and service administration and lead the process to identify the most efficient use cases for the implementation of Generative AI. (4) Collaborate with the Department of General Services (DGS) and OA to develop Generative AI government procurement recommendations that outline problems and opportunities rather than prescriptive solutions; balance the public benefits of using Generative AI against potential risks; assess the accessibility, limitations, and potential historical Bias of available sources to be used by Generative AI; and ensure the procurement process maintains a level playing field for Generative AI offerors. (5) Provide recommendations on the Agencies’ requested use of Generative AI technology. (6) Engage experts in Generative AI from the private sector and leading education institutions to advise, as needed, on short and long-term research goals, industry trends, and ecosystem-wide best practices. (7) Provide state labor and workforce organizations and other external stakeholders the opportunity to receive feedback or submit input to the Board regarding Generative AI and its use.

5. Composition. a. The Board shall consist of twelve members as follows: (1) The Governor’s Chief of Staff or the Chief of Staff’s designee, (2) The Governor’s Director of Digital Strategy or the Director’s designee, (3) The Governor’s Chief Transformation and Opportunity Officer or the Officer’s designee, (4) The Governor’s Secretary of Policy and Planning or the Secretary’s designee, (5) The Governor’s General Counsel or the General Counsel’s designee, (6) The Secretary of Administration, or the Secretary’s designee, (7) The Deputy Secretary for Information Technology (Chief Information Officer) or the Deputy Secretary’s designee, (8) The Chief Information Security Officer or the Security Officer’s designee, (9) The Chief Data Officer or the Officer’s designee, (10) The Chief Privacy Officer or the Officer’s designee, (11) DGS’s Deputy Secretary for Procurement or the Deputy Secretary’s designee, and (12) The Department of Labor & Industry’s Deputy Secretary for Workforce Development or the Deputy Secretary’s designee. b. The Board shall meet monthly and be administratively housed within the Governor’s Office. The Board shall be chaired by the Secretary of Administration. OA’s Special Assistant for Emerging Technologies will assist in establishing an agenda, workplan, timeline, and meeting schedule.

6. Commonwealth Generative AI Use Policy. a. OA shall convene a working group including, but not limited to, members of the Board to periodically recommend updates to IT Policies related to Generative AI in accordance with the values and guidelines expressed in this Executive Order. b. Upon request by Agency leadership, the working group shall recommend guidelines for the proper use of Generative AI by Agency employees in the execution of their work duties. c. OA shall provide comprehensive training and instruction to Commonwealth employees who utilize Generative AI to ensure the employees are using Generative AI tools responsibly and are prepared for the changing skills demanded of our workforce due to Generative AI.

7. Implementation. This Executive Order shall be implemented consistent with applicable law. This Executive Order is not intended to, and does not create, any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the Commonwealth, its departments, agencies, or entities, its officers, employees, or agents, or any other persons. 8. Effective Date. This Executive Order shall take effect immediately and shall remain in effect until amended or rescinded by the Governor.