UNCLASSIFIED (U)

20 FAM 200
ARTIFICIAL INTELLIGENCE (AI)

20 FAM 201
AI Policies and procedures

20 FAM 201.1

Artificial intelligence policies

(CT:DATA-2; 04-24-2023)
(Office of Origin: M/SS/CfA)

20 FAM 201.1-1 PURPOSE

(CT:DATA-2; 04-24-2023)

a. This chapter covers Department policies to help the Department inventory and scale the use of Artificial Intelligence (AI) to support and inform the Department's mission and operations.

b. Additionally, this chapter is meant to ensure that all Department use of AI applications comply with applicable laws, regulations, and policy, to ensure the responsible and ethical use of trustworthy AI, and to preserve scientific integrity as described in 11 FAM 820.

c. These policies apply to all AI use cases, as defined below, in the Department, including those using AI use cases developed internally and those acquired from third parties (e.g., other federal agencies, contractors, partners, grantees, licensors, etc.).

d. AI use case owners are responsible for ensuring compliance with this section, to include necessary reporting to the Department Responsible AI Official (RAIO) through the annual AI inventory. Accordingly, Department personnel who wish to use AI as defined below should report the AI Use Case to the RAIO via the annual inventory, indicating owner, purpose and that the use will comply with the principles in 20 FAM 201.1-3(F).

20 fam 201.1-2 DEFINITIONS

(CT:DATA-2; 04-24-2023)

a. Artificial Intelligence: This chapter defines Artificial Intelligence (AI) using NDAA Fiscal Year 2019 section 238(g), which includes any of the following:

(1) Any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets.

(2) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

(3) An artificial system designed to think or act like a human, including cognitive architectures and neural networks.

(4) A set of techniques, including machine learning, that is designed to approximate a cognitive task.

(5) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.

b. Generative AI: Generative AI refers to a sub-category of artificial intelligence techniques that generate new data in the form of text, images, or video, using the data they were trained on as a model, and an external input (like a question from a user) as a prompt.

c. AI Use Case: An AI Use Case is any Department application or use of AI described in either of the following:

(1) AI designed, developed, acquired, or used specifically to advance the execution of the Department’s missions, enhance decision making, or provide the public with a specified benefit.

(2) Both existing and new uses of AI; both standalone AI and AI embedded within other systems or applications; AI developed both by the Department or by third parties on behalf of the Department for the fulfillment of specific Department missions, including relevant data inputs used to train AI and outputs used in support of decision making; and the Department’s procurement of AI applications.

d. AI service: An AI application that consists of an AI system/tool/app provided by a third party (e.g., an outside service provider).

e. Terms of Service (TOS): For the purposes of this chapter, a binding agreement between the provider of an AI service and the Department of State regarding Department use of that provider's AI service. Note: This chapter uses "Terms of Service" to refer to such agreements, irrespective of whether an AI service provider refers to such agreements as “Terms of Service” or “Terms of Use”.

20 FAM 201.1-3 POLICY AND procedures for ai use cases other than those for national security or defense

20 FAM 201.1-3(A) Scope

(CT:DATA-2; 04-24-2023)

a. The policies in this section, and in particular the governance and inventory requirements, apply to all Department of State AI use cases other than those for purposes of national security and defense. The policies in this section do not apply to AI used, in whole or in part, in defense or national security systems, as defined in 44 U.S.C. 3552(b)(6) or as otherwise determine by the Department. AI use cases for purposes of national security or defense are subject to principles as described in 20 FAM 201.1-4 below.

b. The policies in this section do not apply to AI embedded within common commercial products, such as word processors or map navigation systems, or AI research and development activities. The principles in this section and OMB implementation guidance should inform any R&D directed at potential future applications of AI in the Federal Government.

20 FAM 201.1-3(B) Authorities and Key References

(CT:DATA-2; 04-24-2023)

a. E.O. 13960 on Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government includes principles that govern the federal government's use of AI but excludes use of AI in national security or defense systems.

b. The Organization for Economic Co-operation and Development's 2019 Recommendation on Artificial Intelligence sets out principles for responsible stewardship of trustworthy AI, with respect to which principles the United States made a non-binding commitment to promote and implement.

c. The National AI Initiative Act of 2020 (Public Law 116-283, division E).

d. The Advancing American AI Act (Public Law 117-263, title LXXII, subtitle B).

20 FAM 201.1-3(C) Department AI Governance and Oversight Approach

(CT:DATA-2; 04-24-2023)

a. Policy and procedures outlined in this chapter should be implemented and overseen by individual bureaus and offices. This requires each bureau and office, prior to instituting an AI use case, to implement and document its oversight and governance processes for its AI use cases, including by identifying individuals and positions that will perform these functions.

b. M/SS/CfA and the designated Responsible AI Official (RAIO) work through the Enterprise Data Council (EDC), which reports to the Enterprise Governance Board, to centrally promulgate and coordinate policy and standards for AI governance in the Department.

c. Bureaus and offices that do not have positions and individuals with the requisite skills and experience can request assistance from other bureaus, such as M/SS/CfA, to institute and perform these oversight and governance functions.

d. Bureaus should contact M/SS/CfA with any questions about the development and/or implementation of policies and procedures involving AI.

20 FAM 201.1-3(D) Roles and Responsibilities

(CT:DATA-2; 04-24-2023)

a. Responsible AI Official (RAIO) - The RAIO is responsible for coordinating implementation of the Principles of Trustworthy AI (Principles) within the Department. Trustworthy AI must be designed and trained to follow fair, consistent, transparent, impartial, reliable, and safe/secure decisions. The RAIO coordinates Department responses to, and compliance with, AI-related federal mandates, fosters collaboration across AI-interested offices within the Department, and develops and implements the Department’s responsible AI framework. Per E.O. 13960, the RAIO also coordinates with the EDC and other relevant officials and collaborates with interagency coordination bodies. When considering the design, development, acquisition, and use of AI, the RAIO will be guided by the Principles of Trustworthy AI set forth in 20 FAM 201.1-3(F).

b. AI Use Case Owners - An AI Use Case Owner is the bureau-level or office-level authority (as designated by each bureau or office) over an AI Use Case. Each AI Use Case Owner is responsible for ensuring their AI Use Cases comply with the applicable policy and serves as the primary point of contact for their AI Use Cases during reporting periods, including the preparation of an AI Inventory update and certification described in 20 FAM 201.1-3(E). Each AI Use Case must have an associated owner, but owners can be associated with multiple AI Use Cases. This role can be associated with an individual or position. Bureaus and offices should ensure accounting for AI Use Case Owners remains current.

c. Enterprise Data Council (EDC) – The EDC works in concert with the RAIO and remains informed of policy governing AI use cases within the Department. The EDC will serve as the governing authority for dispute resolution on AI within the Department. The EDC is further defined in 20 FAM 102.1-1(B).

d. M/SS/CfA – The Department’s Chief Data Scientist in M/SS/CfA is responsible for holding the RAIO role.

e. Principles of Trustworthy AI - the principles set forth in 20 FAM 201.1-3(F) paragraph (d), based on the Principles for Use of AI in Government set forth in section 3 of E.O. 13960.

f. Senior Agency Official for Privacy (SAOP) – The SAOP is responsible for managing privacy risk across the Department and ensuring that privacy risk is mitigated in AI use cases that use personally identifiable information.

20 FAM 201.1-3(E) Department AI Inventory

(CT:DATA-2; 04-24-2023)

a. The Department must collect and maintain an inventory of AI Use Cases, in part, to ensure that such work is consistent with applicable law and policy.

b. Each year, the RAIO in M/SS/CfA will initiate an update to the Department’s AI Inventory. The RAIO will collect AI Use Cases from domestic bureaus and offices and overseas posts, provide a version to OMB according to their requirements, and post a public version of the AI Inventory in accordance with criteria detailed below. The public version of AI inventories from previous years may be helpful in illustrating the nature and scope of AI Use Cases the inventory is intended to capture.

c. E.O. 13960 AI Inventory Exemptions: All Department AI Use Cases will be collected in the annual AI Inventory. The following AI uses will not be included in the inventory:

(1) AI used in defense or national security systems (as defined in 44 U.S.C. 3552(b)(6) or as determined by the Department), in whole or in part, although the Department shall adhere to other applicable guidelines and principles for defense and national security purposes, such as those adopted by the Department of Defense and the Office of the Director of National Intelligence;

(2) AI embedded within common commercial products, such as word processors or map navigation systems, while noting that Government use of such products must nevertheless comply with applicable laws and policies to ensure the protection of safety, security, privacy, civil rights, and civil liberties;

NOTE: This exemption extends to uses of common commercial generative AI tools on the internet, such as chatbots that return text when prompted with a question, image generators that create pictures using a descriptive prompt, and the like.

(3) AI research and development (R&D) activities, although the principles and OMB implementation guidance should inform any R&D directed at potential future applications of AI in the federal government.

d. Public AI Inventory: The RAIO will publish a version of the AI Inventory for public consumption to the extent practicable and in accordance with applicable laws and policies, including those concerning the protection of privacy and of sensitive law enforcement, national security, and other protected information. AI Use Case Owners are responsible for identifying AI Use Cases that are exempt from the E.O. 13960 inventory and AI Use Cases that are SBU, in coordination with the RAIO. If there are AI Use Cases that are not exempt from the E.O. 13960 inventory but they meet SBU criteria as defined in 12 FAM 541, they should presumptively not be included in the public AI inventory. In cases where the AI Use Case Owners have requested that an AI Use Case be withheld from the public AI Inventory because it is SBU, the RAIO will not publish the AI Use Case unless the AI Use Case Owner has cleared on release of the information and has obtained approval from someone at the DAS-level or above or a subject matter expert at the bureau(s)/office(s) with equities in the AI Use Case. The same procedure will be followed in situations where the AI Use Case Owners have identified that an AI Use Case is SBU and would like to include it in the public AI Inventory.

(1) Information included in the public AI inventory will include the bureau/office that owns the use case, the name of the use case, and a description. The public AI inventory will not include any underlying data or findings.

(2) AI Use Cases are considered SBU, and therefore can be withheld from the public AI inventory, if the existence of an application or use of AI is SBU. For example, an AI Use Case might be considered SBU where the existence of an application or use of AI reveals law enforcement techniques used in ongoing investigations. The definition of SBU information can be found at 12 FAM 541(a).

(3) Types of unclassified information to which SBU is typically applied can be found at 12 FAM 541(b).

e. Annual Compliance Certification: In producing the annual AI Inventory, AI Use Cases must also be certified as compliant with the principles in this section.

(1) For any AI Use Cases that are not compliant, AI Use Case Owners must develop a plan to ensure compliance within six months, or they must retire the application. M/SS/CfA will work with all AI Use Case Owners to facilitate compliance within this timeframe.

(2) The Department RAIO will share the inventories with other agencies, to the extent practicable and consistent with applicable laws and policies, including those concerning protection of privacy and of sensitive law enforcement, national security, and other protected information.

20 FAM 201.1-3(F) Governance

(CT:DATA-2; 04-24-2023)

a. Each bureau or office that owns an AI use case must have a documented AI governance structure. Governance documentation must specify the bureau's roles and responsibilities, procedures for review and certification of compliance, and an inventory of all AI use cases (that will be collected by the RAIO once yearly). While specific AI oversight and governance procedures may vary, each bureau or office is required to certify and retain evidence that each AI use case in development, or currently in use, complies with the Principles of Trustworthy AI set forth in this section.

b. AI use case owners are encouraged to use the Department of State Responsible AI System Card as a guide.

c. M/SS/CfA is responsible for ensuring the availability of appropriate training to all State Department personnel responsible for the design, development, acquisition, and use of AI. M/SS/CfA has additional guidance, assessment, and “best practices” documents available for further clarification.

d. The principles below, as they apply to the Department of State, are intended to ensure the Department's AI use cases comply with E.O. 13960:

(1) Lawful. AI use case owners must design, develop, acquire, and use AI in a manner that is consistent with the Constitution and all other applicable laws and policies, including those addressing privacy, civil rights, civil liberties, and intellectual property.

(a) This means understanding and abiding by any specific legal or regulatory requirements concerning the data being used as well as any such requirements that pertain to the processes and systems the AI use case affects.

(b) AI applications should include internal and external checks to help ensure equitable application across all participants.

(c) Individual privacy must be respected and data must not be used in a manner inconsistent with privacy laws and policies applicable to such data; use of data should be approved by the data steward (defined in 20 FAM 101.1-3). AI systems must be protected from risks (including threats to privacy and cybersecurity) that may directly or indirectly cause physical and/or digital harm to any individual.

(d) AI use cases utilizing PII must abide by existing privacy laws and policies, including 5 FAM 460. Use case owners must consult with the Privacy Office in design of their use case governance plan when data elements include PII.

(e) As AI is a new yet fast-emerging field of technology, the legal landscape relating to AI applications is unsettled and evolving. Department components should consult with L/M when initiating development of AI Use Cases. L/M might consult other L offices depending on the type of AI.

(2) Purposeful, performance-driven, accurate, reliable, and effective. AI use case owners must seek opportunities for designing, developing, acquiring, and using AI only where the benefits of doing so significantly outweigh the risks, and the risks can be assessed, managed, and documented. They must also ensure that their application of AI is consistent with the use cases for which that AI was trained, and such use is accurate, reliable, and effective.

(a) AI use cases should have the ability to learn from humans and other systems and produce consistent, accurate, and reliable outputs consistent with the original design.

(3) Safe, secure, and resilient. AI use case owners must ensure the safety, security, and resiliency of their AI use cases, including resilience when confronted with systematic vulnerabilities, adversarial manipulation, and other malicious exploitation.

(4) Understandable and transparent. AI use case owners must ensure that the operations and outcomes of their AI use cases are sufficiently understandable by subject matter experts, users, and others as appropriate. AI use case owners should also be transparent when providing relevant information regarding their use of AI to appropriate stakeholders, such as Congress and the public, to the extent such disclosure is in accordance with applicable law, regulation, and policy and is practicable balancing transparency with sensitivity of data and methods.

(a) All relevant individuals should be able to understand how data is being used as an input to the AI use case, the model(s) used in the AI use case, and how the outputs of the AI use case are used to make decisions. Attributes, correlations, and other relevant measures for population baselining, where appropriate, should be open to inspection.

(b) Outcomes of AI use cases that impact policy or other decision-making processes should uphold scientific integrity as described in 11 FAM 820.

(5) Responsible, traceable, accountable, and regularly monitored. AI use case owners must ensure that human roles and responsibilities are clearly defined, understood, and appropriately assigned for the design, development, acquisition, and use of AI. AI use case owners are accountable for implementing and enforcing appropriate safeguards for the proper use and functioning of their application of AI and shall monitor, audit, and document compliance with those safeguards. Additionally, AI use case owners must ensure that AI use cases are regularly tested against the principles in this paragraph.

(a) Policies should outline governance and who is held responsible for all aspects of the AI solution (e.g., initiation, development, outputs, decommissioning).

(6) Bureaus should contact M/SS/CfA with any questions about the development and/or implementation of policies and procedures involving AI.

20 FAM 201.1-3(G) Terms of Service

(CT:DATA-2; 04-24-2023)

a. The provider of an AI service will generally have in place standard Terms of Service (TOS) that apply to use of that AI service. As with TOS in other contexts (e.g., the TOS of social media platforms; see 10 FAM 185), the TOS of AI service providers, being commercially oriented, often contain various terms not legally compatible with or advisable for U.S. Government agencies under Federal law.

b. As such, acceptance of an AI service provider’s TOS on behalf of the Department may only occur after review and approval of the TOS by the Office of the Legal Adviser (L). L may find it necessary for the TOS to be amended or otherwise modified. Additionally, only direct-hire Department employees may accept/agree to such TOS on behalf of the Department.

c. Creation of a user account with an AI service typically involves acceptance of the TOS applicable to that AI service. Department personnel may not create user accounts in their official capacity with an AI service unless the TOS associated with that AI service has been approved by L and the AI service is authorized for official use by appropriate Department policy components.

20 FAM 201.1-3(H) Intellectual Property

(CT:DATA-2; 04-24-2023)

a. AI services--especially those based upon generative AI technology--are typically "trained" by their providers on voluminous datasets, and often also allow end users to themselves input datasets when entering prompts. Upon entering a textual or other prompt in an AI service, a user prompts the AI service to generate a work or works based upon the dataset training the service has received.

b. Because such datasets may contain/utilize publicly available data/works subject to or protected by copyright and other intellectual property (IP) rights, both the input into and generation of works via AI services can raise IP infringement considerations depending upon the circumstances. Further, the use (e.g., copying, distribution, display, creation of derivatives) of works generated via AI services can likewise raise IP infringement considerations depending upon the circumstances.

c. When utilizing AI services in an official capacity, Department personnel are not to input into AI services (whether through user prompts or datasets) any content protected by copyright or other IP rights absent appropriate permission from the relevant rightsholders.

d. Because an AI-generated work is not typically accompanied by any attribution to the party that produced it or any information as to the inputs entered into the AI service by the producing party, Department personnel are not to use AI service-generated works produced by third parties (e.g., AI service-generated works appearing on third-party websites).

e. Department personnel are advised to consult with L when initiating development of AI Use Cases, in particular those expected to involve public-facing use of works generated via AI services.

20 FAM 201.1-4 Department Use of artificial intelligence for defense and national security purposes

(CT:DATA-2; 04-24-2023)

a. Consistent with Sections 1 and 9 of E.O. 13960, Department use of AI for the purposes of national security or defense (including all AI used, in whole or in part, in defense or national security systems, as defined in 44 U.S.C. 3552(b)(6) or as otherwise determined by the Department) are subject to the principles described in this section. As such, please consult 44 U.S.C. 3552(b)(6) (national security) and M/SS/CfA (defense) to determine whether an AI Use Case is outside of the scope of the Department’s AI inventory and is subject to the principles detailed below.

b. Questions about how to categorize AI Use Cases should be directed to the Department’s Chief Data Officer and Chief Data Scientist in M/SS/CfA for assistance.

20 FAM 201.1-4(A) Use for Purposes of Defense

(CT:DATA-2; 04-24-2023)

Questions about whether AI is being used for the purposes of defense should be directed to the Department’s Chief Data Officer and Chief Data Scientist in M/SS/CfA for assistance in coordination with any other appropriate Department defense program office. Any Department use of artificial intelligence for the purposes of defense shall be subject to the principles below (as derived from “The Department of Defense (DoD) Artificial Intelligence Principles and Framework”):

(1) Responsible. Department personnel will exercise appropriate levels of judgment and care, while remaining responsible for the development, deployment, and use of AI capabilities.

(2) Equitable. The Department will take deliberate steps to minimize unintended bias in AI capabilities.

(3) Traceable. The Department’s AI capabilities will be developed and deployed such that relevant personnel possess an appropriate understanding of the technology, development processes, and operational methods applicable to AI capabilities, including with transparent and auditable methodologies, data sources, and design procedure and documentation.

(4) Reliable. The Department’s AI capabilities will have explicit, welldefined uses, and the safety, security, and effectiveness of such capabilities will be subject to testing and assurance within those defined uses across their entire lifecycles.

(5) Governable. The Department will design and engineer AI capabilities to fulfill their intended functions while possessing the ability to detect and avoid unintended consequences, and the ability to disengage or deactivate deployed systems that demonstrate unintended behavior.

20 FAM 201.1-4(B) Use For Purposes of National Security

(CT:DATA-2; 04-24-2023)

Questions about whether AI is being used for the purposes of national security should be directed to the Department’s Chief Data Officer and Chief Data Scientist in M/SS/CfA for assistance in coordination with any other appropriate Department program office (also see 44 U.S.C. 3552(b)(6)). Any Department use of artificial intelligence for the purposes of national security (see definitions in 12 FAM 013 and 12 FAM 271.2) shall be subject to the principles below (as derived from “The Principles of Artificial Intelligence Ethics for the Intelligence Community”):

         Respect the Law and Act with Integrity. The Department will employ AI in a manner that respects human dignity, rights, and freedoms. The Department’s use of AI will fully comply with applicable legal authorities and with policies and procedures that protect privacy, civil rights, and civil liberties.

         Transparent and Accountable. The Department will provide appropriate transparency regarding its AI methods, applications, and uses within the bounds of security, technology, and releasability by law and policy, and will develop and employ mechanisms to identify responsibilities and provide accountability for the use of AI and its outcomes.

         Objective and Equitable. Consistent with its mission the Department will take affirmative steps to identify and mitigate bias.

         Human-Centered Development and Use. The Department will develop and use AI to augment our national security and enhance our trusted partnerships by tempering technological guidance with the application of human judgment, especially when an action has the potential to deprive individuals of constitutional rights or interfere with their free exercise of civil liberties.

         Secure and Resilient. The Department will develop and employ best practices for maximizing reliability, security, and accuracy of AI design, development, and use, and will employ security best practices to build resilience and minimize potential for adversarial influence.

         Informed by Science and Technology. The Department will apply rigor in its development and use of AI by actively engaging both across the federal government and with the broader scientific and technology communities to utilize advances in research and best practices from the public and private sector.

UNCLASSIFIED (U)