Sec. 14. Updates to artificial intelligence use case inventories

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The Advancing American AI Act ( Public Law 117–263 ; 40 U.S.C. 11301 note) is amended— in section 7223(3), by striking the period and inserting and in section 5002 of the National Artificial Intelligence Initiative Act of 2020 ( ; and 15 U.S.C. 9401 ). in section 7225, by striking subsection (d). The provisions of section 5 of Executive Order 13960 (85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in Federal Government) that exempt classified and sensitive use cases from agency inventories of artificial intelligence use cases shall cease to have legal effect.

The Director shall ensure that agencies submit artificial intelligence use case inventories and that the inventories comply with applicable artificial intelligence inventory guidance. The Director shall submit to the relevant congressional committees an annual report on agency compliance with artificial intelligence inventory guidance. The artificial intelligence inventory of each agency shall publicly disclose— whether artificial intelligence was developed internally by the agency or procured externally, without excluding any use case on basis that the use case is sensitive solely because it was externally procured; data provenance information, including identifying the source of the training data of the artificial intelligence, including internal government data, public data, commercially held data, or similar data; the level of risk at which the agency has classified the artificial intelligence use case and a brief explanation for how the determination was made; a list of targeted impact assessments conducted pursuant to section 7(a)(2)(C); and the number of artificial intelligence use cases excluded from public reporting as being sensitive.

When an agency updates the public artificial intelligence use case inventory of the agency, the agency shall disclose the date of the modification and make change logs publicly available and accessible. The Director shall issue guidance to agencies that describes how to appropriately update artificial intelligence use case inventories and clarifies how sub-agencies and regulatory agencies should participate in the artificial intelligence use case inventorying process. The head of each agency shall submit to the relevant congressional committees a copy of the annual artificial intelligence use case inventory of the agency, including— the use cases that have been identified as sensitive and not for public disclosure; and a classified annex of classified use cases.

Beginning 1 year after the date of enactment of this Act, and annually thereafter, the Director, in coordination with the Council, shall issue a report, based on the artificial intelligence use cases reported in use case inventories, that describes trends in the use of artificial intelligence in the Federal Government. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Comptroller General of the United States shall submit to relevant congressional committees a report on whether agencies are appropriately classifying use cases.

The Comptroller General of the United States shall examine whether the appropriate level of disclosure of artificial intelligence use cases by agencies should be included on the High Risk List of the Government Accountability Office.

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