White House releases guidance for AI acquisition and use in government | DLA Piper
Summary
On April 7, 2025, the White House Office of Management and Budget (OMB) released two memoranda, outlining its latest guidance for federal agencies on the acquisition and use of AI. As organizations consider compliance, advocacy, and pursuit of business with the federal government, they are encouraged to note the emphasis and precedents set forth in these memoranda pertaining to both “impact assessments” and “high-risk” use cases. These assessments seek to determine key information regarding the AI, including the intended purpose and benefits, data quality, potential societal impacts, and cost analysis. Inclusion of impact assessments demonstrates the White House’s acknowledgement of the potential risks that AI presents to the US and its citizens, despite otherwise seeking to minimize barriers to innovation. Revisions to existing policies are expected to implement controls that: • Evaluate proposed AI system acquisitions during future procurements and provide feedback on AI performance and risk management • Assemble a cross-functional team of agency officials to coordinate and assist in the decision-making process of acquisitions • Ensure appropriate intellectual property rights terms are being used throughout contracts, and Agencies must enact processes that evaluate the use of government data and separate the ownership and IP rights of the government and those from which it receives services and tools.