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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4495 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 4495

 To enable safe, responsible, and agile procurement, development, and 
use of artificial intelligence by the Federal Government, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 11, 2024

Mr. Peters (for himself and Mr. Tillis) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To enable safe, responsible, and agile procurement, development, and 
use of artificial intelligence by the Federal Government, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting Responsible Evaluation and 
Procurement to Advance Readiness for Enterprise-wide Deployment for 
Artificial Intelligence Act'' or the ``PREPARED for AI Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Adverse incident.--The term ``adverse incident'' means 
        any incident or malfunction of artificial intelligence that 
        directly or indirectly leads to--
                    (A) harm impacting rights or safety, as described 
                in section 7(a)(2)(D);
                    (B) the death of an individual or damage to the 
                health of an individual;
                    (C) material or irreversible disruption of the 
                management and operation of critical infrastructure, as 
                described in section 7(a)(2)(D)(i)(II)(cc);
                    (D) material damage to property or the environment;
                    (E) loss of a mission-critical system or equipment;
                    (F) failure of the mission of an agency;
                    (G) the denial of a benefit, payment, or other 
                service to an individual or group of individuals who 
                would have otherwise been eligible;
                    (H) the denial of an employment, contract, grant, 
                or similar opportunity that would have otherwise been 
                offered; or
                    (I) another consequence, as determined by the 
                Director with public notice.
            (2) Agency.--The term ``agency''--
                    (A) has the meaning given that term in section 
                3502(1) of title 44, United States Code; and
                    (B) includes each of the independent regulatory 
                agencies described in section 3502(5) of title 44, 
                United States Code.
            (3) Artificial intelligence.--The term ``artificial 
        intelligence''--
                    (A) has the meaning given that term in section 5002 
                of the National Artificial Intelligence Initiative Act 
                of 2020 (15 U.S.C. 9401); and
                    (B) includes the artificial systems and techniques 
                described in paragraphs (1) through (5) of section 
                238(g) of the John S. McCain National Defense 
                Authorization Act for Fiscal Year 2019 (Public Law 115-
                232; 10 U.S.C. 4061 note prec.).
            (4) Biometric data.--The term ``biometric data'' means data 
        resulting from specific technical processing relating to the 
        unique physical, physiological, or behavioral characteristics 
        of an individual, including facial images, dactyloscopic data, 
        physical movement and gait, breath, voice, DNA, blood type, and 
        expression of emotion, thought, or feeling.
            (5) Commercial technology.--The term ``commercial 
        technology''--
                    (A) means a technology, process, or method, 
                including research or development; and
                    (B) includes commercial products, commercial 
                services, and other commercial items, as defined in the 
                Federal Acquisition Regulation, including any addition 
                or update thereto by the Federal Acquisition Regulatory 
                Council.
            (6) Council.--The term ``Council'' means the Chief 
        Artificial Intelligence Officers Council established under 
        section 5(a).
            (7) Deployer.--The term ``deployer'' means an entity that 
        operates or provides artificial intelligence, whether developed 
        internally or by a third-party developer.
            (8) Developer.--The term ``developer'' means an entity that 
        designs, codes, produces, or owns artificial intelligence.
            (9) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (10) Impact assessment.--The term ``impact assessment'' 
        means a structured process for considering the implications of 
        a proposed artificial intelligence use case.
            (11) Operational design domain.--The term ``operational 
        design domain'' means a set of operating conditions for an 
        automated system.
            (12) Procure or obtain.--The term ``procure or obtain'' 
        means--
                    (A) to acquire through contract actions awarded 
                pursuant to the Federal Acquisition Regulation, 
                including through interagency agreements, multi-agency 
                use, and purchase card transactions;
                    (B) to acquire through contracts and agreements 
                awarded through other special procurement authorities, 
                including through other transactions and commercial 
                solutions opening authorities; or
                    (C) to obtain through other means, including 
                through open source platforms or freeware.
            (13) Relevant congressional committees.--The term 
        ``relevant congressional committees'' means the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on Oversight and Accountability of the House of 
        Representatives.
            (14) Risk.--The term ``risk'' means the combination of the 
        probability of an occurrence of harm and the potential severity 
        of that harm.
            (15) Use case.--The term ``use case'' means the ways and 
        context in which artificial intelligence is operated to perform 
        a specific function.

SEC. 3. IMPLEMENTATION OF REQUIREMENTS.

    (a) Agency Implementation.--Not later than 1 year after the date of 
enactment of this Act, the Director shall ensure that agencies have 
implemented the requirements of this Act.
    (b) Annual Briefing.--Not later than 180 days after the date of 
enactment of this Act, and annually thereafter, the Director shall 
brief the appropriate Congressional committees on implementation of 
this Act and related considerations.

SEC. 4. PROCUREMENT OF ARTIFICIAL INTELLIGENCE.

    (a) Government-Wide Requirements.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Federal Acquisition Regulatory 
        Council shall review Federal Acquisition Regulation acquisition 
        planning, source selection, and other requirements and update 
        the Federal Acquisition Regulation as needed to ensure that 
        agency procurement of artificial intelligence includes--
                    (A) a requirement to address the outcomes of the 
                risk evaluation and impact assessments required under 
                section 8(a);
                    (B) a requirement for consultation with an 
                interdisciplinary team of agency experts prior to, and 
                throughout, as necessary, procuring or obtaining 
                artificial intelligence; and
                    (C) any other considerations determined relevant by 
                the Federal Acquisition Regulatory Council.
            (2) Interdisciplinary team of experts.--The 
        interdisciplinary team of experts described in paragraph (1)(B) 
        may--
                    (A) vary depending on the use case and the risks 
                determined to be associated with the use case; and
                    (B) include technologists, information security 
                personnel, domain experts, privacy officers, data 
                officers, civil rights and civil liberties officers, 
                contracting officials, legal counsel, customer 
                experience professionals, and others.
            (3) Acquisition planning.--The acquisition planning updates 
        described in paragraph (1) shall include considerations for, at 
        minimum, as appropriate depending on the use case--
                    (A) data ownership and privacy;
                    (B) data information security;
                    (C) interoperability requirements;
                    (D) data and model assessment processes;
                    (E) scope of use;
                    (F) ongoing monitoring techniques;
                    (G) type and scope of artificial intelligence 
                audits;
                    (H) environmental impact; and
                    (I) safety and security risk mitigation techniques, 
                including a plan for how adverse event reporting can be 
                incorporated, pursuant to section 5(g).
    (b) Requirements for High Risk Use Cases.--
            (1) In general.--
                    (A) Establishment.--Beginning on the date that is 1 
                year after the date of enactment of this Act, the head 
                of an agency may not procure or obtain artificial 
                intelligence for a high risk use case, as defined in 
                section 7(a)(2)(D), prior to establishing and 
                incorporating certain terms into relevant contracts, 
                agreements, and employee guidelines for artificial 
                intelligence, including--
                            (i) a requirement that the use of the 
                        artificial intelligence be limited to its 
                        operational design domain;
                            (ii) requirements for safety, security, and 
                        trustworthiness, including--
                                    (I) a reporting mechanism through 
                                which agency personnel are notified by 
                                the deployer of any adverse incident;
                                    (II) a requirement, in accordance 
                                with section 5(g), that agency 
                                personnel receive from the deployer a 
                                notification of any adverse incident, 
                                an explanation of the cause of the 
                                adverse incident, and any data directly 
                                connected to the adverse incident in 
                                order to address and mitigate the harm; 
                                and
                                    (III) that the agency has the right 
                                to temporarily or permanently suspend 
                                use of the artificial intelligence if--
                                            (aa) the risks of the 
                                        artificial intelligence to 
                                        rights or safety become 
                                        unacceptable, as determined 
                                        under the agency risk 
                                        classification system pursuant 
                                        to section 7; or
                                            (bb) on or after the date 
                                        that is 180 days after the 
                                        publication of the most 
                                        recently updated version of the 
                                        framework developed and updated 
                                        pursuant to section 22(A)(c) of 
                                        the National Institute of 
                                        Standards and Technology Act 
                                        (15 U.S.C. 278h-1(c)), the 
                                        deployer is found not to comply 
                                        with such most recent update;
                            (iii) requirements for quality, relevance, 
                        sourcing and ownership of data, as appropriate 
                        by use case, and applicable unless the head of 
                        the agency waives such requirements in writing, 
                        including--
                                    (I) retention of rights to 
                                Government data and any modification to 
                                the data including to protect the data 
                                from unauthorized disclosure and use to 
                                subsequently train or improve the 
                                functionality of commercial products 
                                offered by the deployer, any relevant 
                                developers, or others; and
                                    (II) a requirement that the 
                                deployer and any relevant developers or 
                                other parties isolate Government data 
                                from all other data, through physical 
                                separation, electronic separation via 
                                secure copies with strict access 
                                controls, or other computational 
                                isolation mechanisms;
                            (iv) requirements for evaluation and 
                        testing of artificial intelligence based on use 
                        case, to be performed on an ongoing basis; and
                            (v) requirements that the deployer and any 
                        relevant developers provide documentation, as 
                        determined necessary and requested by the 
                        agency, in accordance with section 8(b).
                    (B) Review.--The Senior Procurement Executive, in 
                coordination with the Chief Artificial Intelligence 
                Officer, shall consult with technologists, information 
                security personnel, domain experts, privacy officers, 
                data officers, civil rights and civil liberties 
                officers, contracting officials, legal counsel, 
                customer experience professionals, and other relevant 
                agency officials to review the requirements described 
                in clauses (i) through (v) of subparagraph (A) and 
                determine whether it may be necessary to incorporate 
                additional requirements into relevant contracts or 
                agreements.
                    (C) Regulation.--The Federal Acquisition Regulatory 
                Council shall revise the Federal Acquisition Regulation 
                as necessary to implement the requirements of this 
                subsection.
            (2) Rules of construction.--This Act shall supersede any 
        requirements that conflict with this Act under the guidance 
        required to be produced by the Director pursuant to section 
        7224(d) of the Advancing American AI Act (40 U.S.C. 11301 
        note).

SEC. 5. INTERAGENCY GOVERNANCE OF ARTIFICIAL INTELLIGENCE.

    (a) Chief Artificial Intelligence Officers Council.--Not later than 
60 days after the date of enactment of this Act, the Director shall 
establish a Chief Artificial Intelligence Officers Council.
    (b) Duties.--The duties of the Council shall include--
            (1) coordinating agency development and use of artificial 
        intelligence in agency programs and operations, including 
        practices relating to the design, operation, risk management, 
        and performance of artificial intelligence;
            (2) sharing experiences, ideas, best practices, and 
        innovative approaches relating to artificial intelligence; and
            (3) assisting the Director, as necessary, with respect to--
                    (A) the identification, development, and 
                coordination of multi-agency projects and other 
                initiatives, including initiatives to improve 
                Government performance;
                    (B) the management of risks relating to developing, 
                obtaining, or using artificial intelligence, including 
                by developing a common template to guide agency Chief 
                Artificial Intelligence Officers in implementing a risk 
                classification system that may incorporate best 
                practices, such as those from--
                            (i) the most recently updated version of 
                        the framework developed and updated pursuant to 
                        section 22A(c) of the National Institute of 
                        Standards and Technology Act (15 U.S.C. 278h-
                        1(c)); and
                            (ii) the report published by the Government 
                        Accountability Office entitled ``Artificial 
                        Intelligence: An Accountability Framework for 
                        Federal Agencies and Other Entities'' (GAO-21-
                        519SP), published on June 30, 2021;
                    (C) promoting the development and use of efficient, 
                effective, common, shared, or other approaches to key 
                processes that improve the delivery of services for the 
                public; and
                    (D) soliciting and providing perspectives on 
                matters of concern, including from and to--
                            (i) interagency councils;
                            (ii) Federal Government entities;
                            (iii) private sector, public sector, 
                        nonprofit, and academic experts;
                            (iv) State, local, Tribal, territorial, and 
                        international governments; and
                            (v) other individuals and entities, as 
                        determined relevant by the Council.
    (c) Membership of the Council.--
            (1) Co-chairs.--The Council shall have 2 co-chairs, which 
        shall be--
                    (A) the Director; and
                    (B) an individual selected by a majority of the 
                members of the Council.
            (2) Members.--Other members of the Council shall include--
                    (A) the Chief Artificial Intelligence Officer of 
                each agency; and
                    (B) the senior official for artificial intelligence 
                of the Office of Management and Budget.
    (d) Standing Committees; Working Groups.--The Council shall have 
the authority to establish standing committees, including an executive 
committee, and working groups.
    (e) Council Staff.--The Council may enter into an interagency 
agreement with the Administrator of General Services for shared 
services for the purpose of staffing the Council.
    (f) Development, Adaptation, and Documentation.--
            (1) Guidance.--Not later than 90 days after the date of 
        enactment of this Act, the Director, in consultation with the 
        Council, shall issue guidance relating to--
                    (A) developments in artificial intelligence and 
                implications for management of agency programs;
                    (B) the agency impact assessments described in 
                section 8(a) and other relevant impact assessments as 
                determined appropriate by the Director, including the 
                appropriateness of substituting pre-existing 
                assessments, including privacy impact assessments, for 
                purposes of an artificial intelligence impact 
                assessment;
                    (C) documentation for agencies to require from 
                deployers of artificial intelligence;
                    (D) a model template for the explanations for use 
                case risk classifications that each agency must provide 
                under section 8(a)(4); and
                    (E) other matters, as determined relevant by the 
                Director.
            (2) Annual review.--The Director, in consultation with the 
        Council, shall periodically, but not less frequently than 
        annually, review and update, as needed, the guidelines issued 
        under paragraph (1).
    (g) Incident Reporting.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director, in consultation with the 
        Council, shall develop procedures for ensuring that--
                    (A) adverse incidents involving artificial 
                intelligence procured, obtained, or used by agencies 
                are reported promptly to the agency by the developer or 
                deployer, or to the developer or deployer by the 
                agency, whichever first becomes aware of the adverse 
                incident; and
                    (B) information relating to an adverse incident 
                described in subparagraph (A) is appropriately shared 
                among agencies.
            (2) Single report.--Adverse incidents also qualifying for 
        incident reporting under section 3554 of title 44, United 
        States Code, or other relevant laws or policies, may be 
        reported under such other reporting requirement and are not 
        required to be additionally reported under this subsection.
            (3) Notice to deployer.--
                    (A) In general.--If an adverse incident is 
                discovered by an agency, the agency shall report the 
                adverse incident to the deployer and the deployer, in 
                consultation with any relevant developers, shall take 
                immediate action to resolve the adverse incident and 
                mitigate the potential for future adverse incidents.
                    (B) Waiver.--
                            (i) In general.--Unless otherwise required 
                        by law, the head of an agency may issue a 
                        written waiver that waives the applicability of 
                        some or all of the requirements under 
                        subparagraph (A), with respect to a specific 
                        adverse incident.
                            (ii) Written waiver contents.--A written 
                        waiver under clause (i) shall include 
                        justification for the waiver.
                            (iii) Notice.--The head of an agency shall 
                        forward advance notice of any waiver under this 
                        subparagraph to the Director, or the designee 
                        of the Director.

SEC. 6. AGENCY GOVERNANCE OF ARTIFICIAL INTELLIGENCE.

    (a) In General.--The head of an agency shall--
            (1) ensure the responsible adoption of artificial 
        intelligence, including by--
                    (A) articulating a clear vision of what the head of 
                the agency wants to achieve by developing, procuring or 
                obtaining, or using artificial intelligence;
                    (B) ensuring the agency develops, procures, 
                obtains, or uses artificial intelligence that follows 
                the principles of trustworthy artificial intelligence 
                in government set forth under Executive Order 13960 (85 
                Fed. Reg. 78939; relating to promoting the use of 
                trustworthy artificial intelligence in Federal 
                Government) and the principles for safe, secure, and 
                trustworthy artificial intelligence in government set 
                forth under section 2 of Executive Order 14110 (88 Fed. 
                Reg. 75191; relating to the safe, secure, and 
                trustworthy development and use of artificial 
                intelligence);
                    (C) testing, validating, and monitoring artificial 
                intelligence and the use case-specific performance of 
                artificial intelligence, among others, to--
                            (i) ensure all use of artificial 
                        intelligence is appropriate to and improves the 
                        effectiveness of the mission of the agency;
                            (ii) guard against bias in data collection, 
                        use, and dissemination;
                            (iii) ensure reliability, fairness, and 
                        transparency; and
                            (iv) protect against impermissible 
                        discrimination;
                    (D) developing, adopting, and applying a suitable 
                enterprise risk management framework approach to 
                artificial intelligence, incorporating the requirements 
                under this Act;
                    (E) continuing to develop a workforce that--
                            (i) understands the strengths and 
                        weaknesses of artificial intelligence, 
                        including artificial intelligence embedded in 
                        agency data systems and operations;
                            (ii) is aware of the benefits and risk of 
                        artificial intelligence;
                            (iii) is able to provide human oversight 
                        for the design, implementation, and end uses of 
                        artificial intelligence; and
                            (iv) is able to review and provide redress 
                        for erroneous decisions made in the course of 
                        artificial intelligence-assisted processes; and
                    (F) ensuring implementation of the requirements 
                under section 8(a) for the identification and 
                evaluation of risks posed by the deployment of 
                artificial intelligence in agency use cases;
            (2) designate a Chief Artificial Intelligence Officer, 
        whose duties shall include--
                    (A) ensuring appropriate use of artificial 
                intelligence;
                    (B) coordinating agency use of artificial 
                intelligence;
                    (C) promoting artificial intelligence innovation;
                    (D) managing the risks of use of artificial 
                intelligence;
                    (E) supporting the head of the agency with 
                developing the risk classification system required 
                under section 7(a) and complying with other 
                requirements of this Act; and
                    (F) supporting agency personnel leading the 
                procurement and deployment of artificial intelligence 
                to comply with the requirements under this Act; and
            (3) form and convene an Artificial Intelligence Governance 
        Board, as described in subsection (b), which shall coordinate 
        and govern artificial intelligence issues across the agency.
    (b) Artificial Intelligence Governance Board.--
            (1) Leadership.--Each Artificial Intelligence Governance 
        Board (referred to in this subsection as ``Board'') of an 
        agency shall be chaired by the Deputy Secretary of the agency 
        or equivalent official and vice-chaired by the Chief Artificial 
        Intelligence Officer of the agency. Neither the chair nor the 
        vice-chair may assign or delegate these roles to other 
        officials.
            (2) Representation.--The Board shall, at a minimum, include 
        representatives comprised of senior agency officials from 
        operational components, if relevant, program officials 
        responsible for implementing artificial intelligence, and 
        officials responsible for information technology, data, 
        privacy, civil rights and civil liberties, human capital, 
        procurement, finance, legal counsel, and customer experience.
            (3) Existing bodies.--An agency may rely on an existing 
        governance body to fulfill the requirements of this subsection 
        if the body satisfies or is adjusted to satisfy the leadership 
        and representation requirements of paragraphs (1) and (2).
    (c) Designation of Chief Artificial Intelligence Officer.--The head 
of an agency may designate as Chief Artificial Intelligence Officer an 
existing official within the agency, including the Chief Technology 
Officer, Chief Data Officer, Chief Information Officer, or other 
official with relevant or complementary authorities and 
responsibilities, if such existing official has expertise in artificial 
intelligence and meets the requirements of this section.
    (d) Effective Date.--Beginning on the date that is 120 days after 
the date of enactment of this Act, an agency shall not develop or 
procure or obtain artificial intelligence prior to completing the 
requirements under paragraphs (2) and (3) of subsection (a).

SEC. 7. AGENCY RISK CLASSIFICATION OF ARTIFICIAL INTELLIGENCE USE CASES 
              FOR PROCUREMENT AND USE.

    (a) Risk Classification System.--
            (1) Development.--The head of each agency shall be 
        responsible for developing, not later than 1 year after the 
        date of enactment of this Act, a risk classification system for 
        agency use cases of artificial intelligence, without respect to 
        whether artificial intelligence is embedded in a commercial 
        product.
            (2) Requirements.--
                    (A) Risk classifications.--The risk classification 
                system under paragraph (1) shall, at a minimum, include 
                unacceptable, high, medium, and low risk 
                classifications.
                    (B) Factors for risk classifications.--In 
                developing the risk classifications under subparagraph 
                (A), the head of the agency shall consider the 
                following:
                            (i) Mission and operation.--The mission and 
                        operations of the agency.
                            (ii) Scale.--The seriousness and 
                        probability of adverse impacts.
                            (iii) Scope.--The breadth of application, 
                        such as the number of individuals affected.
                            (iv) Optionality.--The degree of choice 
                        that an individual, group, or entity has as to 
                        whether to be subject to the effects of 
                        artificial intelligence.
                            (v) Standards and frameworks.--Standards 
                        and frameworks for risk classification of use 
                        cases that support democratic values, such as 
                        the standards and frameworks developed by the 
                        National Institute of Standards and Technology, 
                        the International Standards Organization, and 
                        the Institute of Electrical and Electronics 
                        Engineers.
                    (C) Classification variance.--
                            (i) Certain lower risk use cases.--The risk 
                        classification system may allow for an 
                        operational use case to be categorized under a 
                        lower risk classification, even if the use case 
                        is a part of a larger area of the mission of 
                        the agency that is categorized under a higher 
                        risk classification.
                            (ii) Changes based on testing or new 
                        information.--The risk classification system 
                        may allow for changes to the risk 
                        classification of an artificial intelligence 
                        use case based on the results from procurement 
                        process testing or other information that 
                        becomes available.
                    (D) High risk use cases.--
                            (i) In general.--High risk classification 
                        shall, at a minimum, apply to use cases for 
                        which the outputs of the system--
                                    (I) are presumed to serve as a 
                                principal basis for a decision or 
                                action that has a legal, material, 
                                binding, or similarly significant 
                                effect, with respect to an individual 
                                or community, on--
                                            (aa) civil rights, civil 
                                        liberties, or privacy;
                                            (bb) equal opportunities, 
                                        including in access to 
                                        education, housing, insurance, 
                                        credit, employment, and other 
                                        programs where civil rights and 
                                        equal opportunity protections 
                                        apply; or
                                            (cc) access to or the 
                                        ability to apply for critical 
                                        government resources or 
                                        services, including healthcare, 
                                        financial services, public 
                                        housing, social services, 
                                        transportation, and essential 
                                        goods and services; or
                                    (II) are presumed to serve as a 
                                principal basis for a decision that 
                                substantially impacts the safety of, or 
                                has the potential to substantially 
                                impact the safety of--
                                            (aa) the well-being of an 
                                        individual or community, 
                                        including loss of life, serious 
                                        injury, bodily harm, biological 
                                        or chemical harms, occupational 
                                        hazards, harassment or abuse, 
                                        or mental health;
                                            (bb) the environment, 
                                        including irreversible or 
                                        significant environmental 
                                        damage;
                                            (cc) critical 
                                        infrastructure, including the 
                                        critical infrastructure sectors 
                                        defined in Presidential Policy 
                                        Directive 21, entitled 
                                        ``Critical Infrastructure 
                                        Security and Resilience''  
                                        (dated February 12, 2013) (or 
                                        any successor directive) and 
                                        the infrastructure for voting 
                                        and protecting the integrity of 
                                        elections; or
                                            (dd) strategic assets or 
                                        resources, including high-value 
                                        property and information marked 
                                        as sensitive or classified by 
                                        the Federal Government and 
                                        controlled unclassified 
                                        information.
                            (ii) Additions.--The head of each agency 
                        shall add other use cases to the high risk 
                        category, as appropriate.
                    (E) Medium and low risk use cases.--If a use case 
                is not high risk, as described in subparagraph (D), the 
                head of an agency shall have the discretion to define 
                the risk classification.
                    (F) Unacceptable risk.--If an agency identifies, 
                through testing, adverse incident, or other means or 
                information available to the agency, that a use or 
                outcome of an artificial intelligence use case is a 
                clear threat to human safety or rights that cannot be 
                adequately or practicably mitigated, the agency shall 
                identify the risk classification of that use case as 
                unacceptable risk.
            (3) Transparency.--The risk classification system under 
        paragraph (1) shall be published on a public-facing website, 
        with the methodology used to determine different risk levels 
        and examples of particular use cases for each category in 
        language that is easy to understand to the people affected by 
        the decisions and outcomes of artificial intelligence.
    (b) Effective Date.--This section shall take effect on the date 
that is 180 days after the date of enactment of this Act, on and after 
which an agency that has not complied with the requirements of this 
section may not develop, procure or obtain, or use artificial 
intelligence until the agency complies with such requirements.

SEC. 8. AGENCY REQUIREMENTS FOR USE OF ARTIFICIAL INTELLIGENCE.

    (a) Risk Evaluation Process.--
            (1) In general.--Not later than 180 days after the 
        effective date in section 7(b), the Chief Artificial 
        Intelligence Officer of each agency, in coordination with the 
        Artificial Intelligence Governance Board of the agency, shall 
        develop and implement a process for the identification and 
        evaluation of risks posed by the deployment of artificial 
        intelligence in agency use cases to ensure an interdisciplinary 
        and comprehensive evaluation of potential risks and 
        determination of risk classifications under such section.
            (2) Process requirements.--The risk evaluation process 
        described in paragraph (1), shall include, for each artificial 
        intelligence use case--
                    (A) identification of the risks and benefits of the 
                artificial intelligence use case;
                    (B) a plan to periodically review the artificial 
                intelligence use case to examine whether risks have 
                changed or evolved and to update the corresponding risk 
                classification as necessary;
                    (C) a determination of the need for targeted impact 
                assessments to further evaluate specific risks of the 
                artificial intelligence use case within certain impact 
                areas, which shall include privacy, security, civil 
                rights and civil liberties, accessibility, 
                environmental impact, health and safety, and any other 
                impact area relating to high risk classification under 
                section 7(a)(2)(D) as determined appropriate by the 
                Chief Artificial Intelligence Officer; and
                    (D) if appropriate, consultation with and feedback 
                from affected communities and the public on the design, 
                development, and use of the artificial intelligence use 
                case.
            (3) Review.--
                    (A) Existing use cases.--With respect to each use 
                case that an agency is planning, developing, or using 
                on the date of enactment of this Act, not later than 1 
                year after such date, the Chief Artificial Intelligence 
                Officer of the agency shall identify and review the use 
                case to determine the risk classification of the use 
                case, pursuant to the risk evaluation process under 
                paragraphs (1) and (2).
                    (B) New use cases.--
                            (i) In general.--Beginning on the date of 
                        enactment of this Act, the Chief Artificial 
                        Intelligence Officer of an agency shall 
                        identify and review any artificial intelligence 
                        use case that the agency will plan, develop, or 
                        use and determine the risk classification of 
                        the use case, pursuant to the risk evaluation 
                        process under paragraphs (1) and (2), before 
                        procuring or obtaining, developing, or using 
                        the use case.
                            (ii) Development.--For any use case 
                        described in clause (i) that is developed by 
                        the agency, the agency shall perform an 
                        additional risk evaluation prior to deployment 
                        in a production or operational environment.
            (4) Rationale for risk classification.--Risk classification 
        of an artificial intelligence use case shall be accompanied by 
        an explanation from the agency of how the risk classification 
        was determined, which shall be included in the artificial 
        intelligence use case inventory of the agency, and written 
        referencing the model template developed by the Director under 
        section 5(f)(1)(D).
    (b) Model Card Documentation Requirements.--
            (1) In general.--Beginning on the date that is 180 days 
        after the date of enactment of this Act, any time during 
        developing, procuring or obtaining, or using artificial 
        intelligence, an agency shall require, as determined necessary 
        by the Chief Artificial Intelligence Officer, that the deployer 
        and any relevant developer submit documentation about the 
        artificial intelligence, including--
                    (A) a description of the architecture of the 
                artificial intelligence, highlighting key parameters, 
                design choices, and the machine learning techniques 
                employed;
                    (B) information on the training of the artificial 
                intelligence, including computational resources 
                utilized;
                    (C) an account of the source of the data, size of 
                the data, any licenses under which the data is used, 
                collection methods and dates of the data, and any 
                preprocessing of the data undertaken, including human 
                or automated refinement, review, or feedback;
                    (D) information on the management and collection of 
                personal data, outlining data protection and privacy 
                measures adhered to in compliance with applicable laws;
                    (E) a description of the methodologies used to 
                evaluate the performance of the artificial 
                intelligence, including key metrics and outcomes; and
                    (F) an estimate of the energy consumed by the 
                artificial intelligence during training and inference.
            (2) Additional documentation for medium and high risk use 
        cases.--Beginning on the date that is 270 days after the date 
        of enactment of this Act, with respect to use cases categorized 
        as medium risk or higher, an agency shall require that the 
        deployer of artificial intelligence, in consultation with any 
        relevant developers, submit (including proactively, as material 
        updates of the artificial intelligence occur) the following 
        documentation:
                    (A) Model architecture.--Detailed information on 
                the model or models used in the artificial 
                intelligence, including model date, model version, 
                model type, key parameters (including number of 
                parameters), interpretability measures, and maintenance 
                and updating policies.
                    (B) Advanced training details.--A detailed 
                description of training algorithms, methodologies, 
                optimization techniques, computational resources, and 
                the environmental impact of the training process.
                    (C) Data provenance and integrity.--A detailed 
                description of the training and testing data, including 
                the origins, collection methods, preprocessing steps, 
                and demographic distribution of the data, and known 
                discriminatory impacts and mitigation measures with 
                respect to the data.
                    (D) Privacy and data protection.--Detailed 
                information on data handling practices, including 
                compliance with legal standards, anonymization 
                techniques, data security measures, and whether and how 
                permission for use of data is obtained.
                    (E) Rigorous testing and oversight.--A 
                comprehensive disclosure of performance evaluation 
                metrics, including accuracy, precision, recall, and 
                fairness metrics, and test dataset results.
                    (F) NIST artificial intelligence risk management 
                framework.--Documentation demonstrating compliance with 
                the most recently updated version of the framework 
                developed and updated pursuant to section 22A(c) of the 
                National Institute of Standards and Technology Act (15 
                U.S.C. 278h-1(c)).
            (3) Review of requirements.--Not later than 1 year after 
        the date of enactment of this Act, the Comptroller General 
        shall conduct a review of the documentation requirements under 
        paragraphs (1) and (2) to--
                    (A) examine whether agencies and deployers are 
                complying with the requirements under those paragraphs; 
                and
                    (B) make findings and recommendations to further 
                assist in ensuring safe, responsible, and efficient 
                artificial intelligence.
            (4) Security of provided documentation.--The head of each 
        agency shall ensure that appropriate security measures and 
        access controls are in place to protect documentation provided 
        pursuant to this section.
    (c) Information and Use Protections.--Information provided to an 
agency under subsection (b)(3) is exempt from disclosure under section 
552 of title 5, United States Code (commonly known as the ``Freedom of 
Information Act'') and may be used by the agency, consistent with 
otherwise applicable provisions of Federal law, solely for--
            (1) assessing the ability of artificial intelligence to 
        achieve the requirements and objectives of the agency and the 
        requirements of this Act; and
            (2) identifying--
                    (A) adverse effects of artificial intelligence on 
                the rights or safety factors identified in section 
                7(a)(2)(D);
                    (B) cyber threats, including the sources of the 
                cyber threats; and
                    (C) security vulnerabilities.
    (d) Pre-Deployment Requirements for High Risk Use Cases.--Beginning 
on the date that is 1 year after the date of enactment of this Act, the 
head of an agency shall not deploy or use artificial intelligence for a 
high risk use case prior to--
            (1) collecting documentation of the artificial 
        intelligence, source, and use case in agency software and use 
        case inventories;
            (2) testing of the artificial intelligence in an 
        operational, real-world setting with privacy, civil rights, and 
        civil liberty safeguards to ensure the artificial intelligence 
        is capable of meeting its objectives;
            (3) establishing appropriate agency rules of behavior for 
        the use case, including required human involvement in, and 
        user-facing explainability of, decisions made in whole or part 
        by the artificial intelligence, as determined by the Chief 
        Artificial Intelligence Officer in coordination with the 
        program manager or equivalent agency personnel; and
            (4) establishing appropriate agency training programs, 
        including documentation of completion of training prior to use 
        of artificial intelligence, that educate agency personnel 
        involved with the application of artificial intelligence in 
        high risk use cases on the capacities and limitations of 
        artificial intelligence, including training on--
                    (A) monitoring the operation of artificial 
                intelligence in high risk use cases to detect and 
                address anomalies, dysfunctions, and unexpected 
                performance in a timely manner to mitigate harm;
                    (B) lessening reliance or over-reliance on the 
                output produced by artificial intelligence in a high 
                risk use case, particularly if artificial intelligence 
                is used to make decisions impacting individuals;
                    (C) accurately interpreting the output of 
                artificial intelligence, particularly considering the 
                characteristics of the system and the interpretation 
                tools and methods available;
                    (D) when to not use, disregard, override, or 
                reverse the output of artificial intelligence;
                    (E) how to intervene or interrupt the operation of 
                artificial intelligence;
                    (F) limiting the use of artificial intelligence to 
                its operational design domain; and
                    (G) procedures for reporting incidents involving 
                misuse, faulty results, safety and security issues, and 
                other problems with use of artificial intelligence that 
                does not function as intended.
    (e) Ongoing Monitoring of Artificial Intelligence in High Risk Use 
Cases.--The Chief Artificial Intelligence Officer of each agency 
shall--
            (1) establish a reporting system, consistent with section 
        5(g), and suspension and shut-down protocols for defects or 
        adverse impacts of artificial intelligence, and conduct ongoing 
        monitoring, as determined necessary by use case;
            (2) oversee the development and implementation of ongoing 
        testing and evaluation processes for artificial intelligence in 
        high risk use cases to ensure continued mitigation of the 
        potential risks identified in the risk evaluation process;
            (3) implement a process to ensure that risk mitigation 
        efforts for artificial intelligence are reviewed not less than 
        annually and updated as necessary to account for the 
        development of new versions of artificial intelligence and 
        changes to the risk profile; and
            (4) adhere to pre-deployment requirements under subsection 
        (d) in each case in which a low or medium risk artificial 
        intelligence use case becomes a high risk artificial 
        intelligence use case.
    (f) Exemption From Requirements for Select Use Cases.--The Chief 
Artificial Intelligence Officer of each agency--
            (1) may designate select, low risk use cases, including 
        current and future use cases, that do not have to comply with 
        all or some of the requirements in this Act; and
            (2) shall publicly disclose all use cases exempted under 
        paragraph (1) with a justification for each exempted use case.
    (g) Exception.--The requirements under subsections (a) and (b) 
shall not apply to an algorithm software update, enhancement, 
derivative, correction, defect, or fix for artificial intelligence that 
does not materially change the compliance of the deployer with the 
requirements of those subsections, unless determined otherwise by the 
agency Chief Artificial Intelligence Officer.
    (h) Waivers.--
            (1) In general.--The head of an agency, on a case by case 
        basis, may waive 1 or more requirements under subsection (d) 
        for a specific use case after making a written determination, 
        based upon a risk assessment conducted by a human with respect 
        to the specific use case, that fulfilling the requirement or 
        requirements prior to procuring or obtaining, developing, or 
        using artificial intelligence would increase risks to safety or 
        rights overall or would create an unacceptable impediment to 
        critical agency operations.
            (2) Requirements; limitations.--A waiver under this 
        subsection shall be--
                    (A) in the national security interests of the 
                United States, as determined by the head of the agency;
                    (B) submitted to the relevant congressional 
                committees not later than 15 days after the head of the 
                agency grants the waiver; and
                    (C) limited to a duration of 1 year, at which time 
                the head of the agency may renew the waiver and submit 
                the renewed waiver to the relevant congressional 
                committees.
    (i) Infrastructure Security.--The head of an agency, in 
consultation with the agency Chief Artificial Intelligence Officer, 
Chief Information Officer, Chief Data Officer, and other relevant 
agency officials, shall reevaluate infrastructure security protocols 
based on the artificial intelligence use cases and associated risks to 
infrastructure security of the agency.
    (j) Compliance Deadline.--Not later than 270 days after the date of 
enactment of this Act, the requirements of subsections (a) through (i) 
of this section shall apply with respect to artificial intelligence 
that is already in use on the date of enactment of this Act.

SEC. 9. PROHIBITION ON SELECT ARTIFICIAL INTELLIGENCE USE CASES.

    No agency may develop, procure or obtain, or use artificial 
intelligence for--
            (1) mapping facial biometric features of an individual to 
        assign corresponding emotion and potentially take action 
        against the individual;
            (2) categorizing and taking action against an individual 
        based on biometric data of the individual to deduce or infer 
        race, political opinion, religious or philosophical beliefs, 
        trade union status, sexual orientation, or other personal 
        trait;
            (3) evaluating, classifying, rating, or scoring the 
        trustworthiness or social standing of an individual based on 
        multiple data points and time occurrences related to the social 
        behavior of the individual in multiple contexts or known or 
        predicted personal or personality characteristics in a manner 
        that may lead to discriminatory outcomes; or
            (4) any other use found by the agency to pose an 
        unacceptable risk under the risk classification system of the 
        agency, pursuant to section 7.

SEC. 10. AGENCY PROCUREMENT INNOVATION LABS.

    (a) In General.--An agency subject to the Chief Financial Officers 
Act of 1990 (31 U.S.C. 901 note; Public Law 101-576) that does not have 
a Procurement Innovation Lab on the date of enactment of this Act 
should consider establishing a lab or similar mechanism to test new 
approaches, share lessons learned, and promote best practices in 
procurement, including for commercial technology, such as artificial 
intelligence, that is trustworthy and best-suited for the needs of the 
agency.
    (b) Functions.--The functions of the Procurement Innovation Lab or 
similar mechanism should include--
            (1) providing leadership support as well as capability and 
        capacity to test, document, and help agency programs adopt new 
        and better practices through all stages of the acquisition 
        lifecycle, beginning with project definition and requirements 
        development;
            (2) providing the workforce of the agency with a clear 
        pathway to test and document new acquisition practices and 
        facilitate fresh perspectives on existing practices;
            (3) helping programs and integrated project teams 
        successfully execute emerging and well-established acquisition 
        practices to achieve better results; and
            (4) promoting meaningful collaboration among offices that 
        are responsible for requirements development, contracting 
        officers, and others, including financial and legal experts, 
        that share in the responsibility for making a successful 
        procurement.
    (c) Structure.--An agency should consider placing the Procurement 
Innovation Lab or similar mechanism as a supporting arm of the Chief 
Acquisition Officer or Senior Procurement Executive of the agency and 
shall have wide latitude in structuring the Procurement Innovation Lab 
or similar mechanism and in addressing associated personnel staffing 
issues.

SEC. 11. MULTI-PHASE COMMERCIAL TECHNOLOGY TEST PROGRAM.

    (a) Test Program.--The head of an agency may procure commercial 
technology through a multi-phase test program of contracts in 
accordance with this section.
    (b) Purpose.--A test program established under this section shall--
            (1) provide a means by which an agency may post a 
        solicitation, including for a general need or area of interest, 
        for which the agency intends to explore commercial technology 
        solutions and for which an offeror may submit a bid based on 
        existing commercial capabilities of the offeror with minimal 
        modifications or a technology that the offeror is developing 
        for commercial purposes; and
            (2) use phases, as described in subsection (c), to minimize 
        government risk and incentivize competition.
    (c) Contracting Procedures.--Under a test program established under 
this section, the head of an agency may acquire commercial technology 
through a competitive evaluation of proposals resulting from general 
solicitation in the following phases:
            (1) Phase 1 (viability of potential solution).--Selectees 
        may be awarded a portion of the total contract award and have a 
        period of performance of not longer than 1 year to prove the 
        merits, feasibility, and technological benefit the proposal 
        would achieve for the agency.
            (2) Phase 2 (major details and scaled test).--Selectees may 
        be awarded a portion of the total contract award and have a 
        period of performance of not longer than 1 year to create a 
        detailed timeline, establish an agreeable intellectual property 
        ownership agreement, and implement the proposal on a small 
        scale.
            (3) Phase 3 (implementation or recycle).--
                    (A) In general.--Following successful performance 
                on phase 1 and 2, selectees may be awarded up to the 
                full remainder of the total contract award to implement 
                the proposal, depending on the agreed upon costs and 
                the number of contractors selected.
                    (B) Failure to find suitable selectees.--If no 
                selectees are found suitable for phase 3, the agency 
                head may determine not to make any selections for phase 
                3, terminate the solicitation and utilize any remaining 
                funds to issue a modified general solicitation for the 
                same area of interest.
    (d) Treatment as Competitive Procedures.--The use of general 
solicitation competitive procedures for a test program under this 
section shall be considered to be use of competitive procedures as 
defined in section 152 of title 41, United States Code.
    (e) Limitation.--The head of an agency shall not enter into a 
contract under the test program for an amount in excess of $25,000,000.
    (f) Guidance.--
            (1) Federal acquisition regulatory council.--The Federal 
        Acquisition Regulatory Council shall revise the Federal 
        Acquisition Regulation as necessary to implement this section, 
        including requirements for each general solicitation under a 
        test program to be made publicly available through a means that 
        provides access to the notice of the general solicitation 
        through the System for Award Management or subsequent 
        government-wide point of entry, with classified solicitations 
        posted to the appropriate government portal.
            (2) Agency procedures.--The head of an agency may not award 
        contracts under a test program until the agency issues guidance 
        with procedures for use of the authority. The guidance shall be 
        issued in consultation with the relevant Acquisition Regulatory 
        Council and shall be publicly available.
    (g) Sunset.--The authority for a test program under this section 
shall terminate on the date that is 5 years after the date the Federal 
Acquisition Regulation is revised pursuant to subsection (f)(1) to 
implement the program.

SEC. 12. RESEARCH AND DEVELOPMENT PROJECT PILOT PROGRAM.

    (a) Pilot Program.--The head of an agency may carry out research 
and prototype projects in accordance with this section.
    (b) Purpose.--A pilot program established under this section shall 
provide a means by which an agency may--
            (1) carry out basic, applied, and advanced research and 
        development projects; and
            (2) carry out prototype projects that address--
                    (A) a proof of concept, model, or process, 
                including a business process;
                    (B) reverse engineering to address obsolescence;
                    (C) a pilot or novel application of commercial 
                technologies for agency mission purposes;
                    (D) agile development activity;
                    (E) the creation, design, development, or 
                demonstration of operational utility; or
                    (F) any combination of items described in 
                subparagraphs (A) through (E).
    (c) Contracting Procedures.--Under a pilot program established 
under this section, the head of an agency may carry out research and 
prototype projects--
            (1) using small businesses to the maximum extent 
        practicable;
            (2) using cost sharing arrangements where practicable;
            (3) tailoring intellectual property terms and conditions 
        relevant to the project and commercialization opportunities; 
        and
            (4) ensuring that such projects do not duplicate research 
        being conducted under existing agency programs.
    (d) Treatment as Competitive Procedures.--The use of research and 
development contracting procedures under this section shall be 
considered to be use of competitive procedures, as defined in section 
152 of title 41, United States Code.
    (e) Treatment as Commercial Technology.--The use of research and 
development contracting procedures under this section shall be 
considered to be use of commercial technology, as defined in section 2.
    (f) Follow-On Projects or Phases.--A follow-on contract provided 
for in a contract opportunity announced under this section may, at the 
discretion of the head of the agency, be awarded to a participant in 
the original project or phase if the original project or phase was 
successfully completed.
    (g) Limitation.--The head of an agency shall not enter into a 
contract under the pilot program for an amount in excess of 
$10,000,000.
    (h) Guidance.--
            (1) Federal acquisition regulatory council.--The Federal 
        Acquisition Regulatory Council shall revise the Federal 
        Acquisition Regulation research and development contracting 
        procedures as necessary to implement this section, including 
        requirements for each research and development project under a 
        pilot program to be made publicly available through a means 
        that provides access to the notice of the opportunity through 
        the System for Award Management or subsequent government-wide 
        point of entry, with classified solicitations posted to the 
        appropriate government portal.
            (2) Agency procedures.--The head of an agency may not award 
        contracts under a pilot program until the agency, in 
        consultation with the relevant Acquisition Regulatory Council 
        issues and makes publicly available guidance on procedures for 
        use of the authority.
    (i) Reporting.--Contract actions entered into under this section 
shall be reported to the Federal Procurement Data System, or any 
successor system.
    (j) Sunset.--The authority for a pilot program under this section 
shall terminate on the date that is 5 years from the date the Federal 
Acquisition Regulation is revised pursuant to subsection (h)(1) to 
implement the program.

SEC. 13. DEVELOPMENT OF TOOLS AND GUIDANCE FOR TESTING AND EVALUATING 
              ARTIFICIAL INTELLIGENCE.

    (a) Agency Report Requirements.--In a manner specified by the 
Director, the Chief Artificial Intelligence Officer shall identify and 
annually submit to the Council a report on obstacles encountered in the 
testing and evaluation of artificial intelligence, specifying--
            (1) the nature of the obstacles;
            (2) the impact of the obstacles on agency operations, 
        mission achievement, and artificial intelligence adoption;
            (3) recommendations for addressing the identified 
        obstacles, including the need for particular resources or 
        guidance to address certain obstacles; and
            (4) a timeline that would be needed to implement proposed 
        solutions.
    (b) Council Review and Collaboration.--
            (1) Annual review.--Not less frequently than annually, the 
        Council shall conduct a review of agency reports under 
        subsection (a) to identify common challenges and opportunities 
        for cross-agency collaboration.
            (2) Development of tools and guidance.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Director, in 
                consultation with the Council, shall convene a working 
                group to--
                            (i) develop tools and guidance to assist 
                        agencies in addressing the obstacles that 
                        agencies identify in the reports under 
                        subsection (a);
                            (ii) support interagency coordination to 
                        facilitate the identification and use of 
                        relevant voluntary standards, guidelines, and 
                        other consensus-based approaches for testing 
                        and evaluation and other relevant areas; and
                            (iii) address any additional matters 
                        determined appropriate by the Director.
                    (B) Working group membership.--The working group 
                described in subparagraph (A) shall include Federal 
                interdisciplinary personnel, such as technologists, 
                information security personnel, domain experts, privacy 
                officers, data officers, civil rights and civil 
                liberties officers, contracting officials, legal 
                counsel, customer experience professionals, and others, 
                as determined by the Director.
            (3) Information sharing.--The Director, in consultation 
        with the Council, shall establish a mechanism for sharing tools 
        and guidance developed under paragraph (2) across agencies.
    (c) Congressional Reporting.--
            (1) In general.--Each agency shall submit the annual report 
        under subsection (a) to relevant congressional committees.
            (2) Consolidated report.--The Director, in consultation 
        with the Council, may suspend the requirement under paragraph 
        (1) and submit to the relevant congressional committees a 
        consolidated report that conveys government-wide testing and 
        evaluation challenges, recommended solutions, and progress 
        toward implementing recommendations from prior reports 
        developed in fulfillment of this subsection.
    (d) Sunset.--The requirements under this section shall terminate on 
the date that is 10 years after the date of enactment of this Act.

SEC. 14. UPDATES TO ARTIFICIAL INTELLIGENCE USE CASE INVENTORIES.

    (a) Amendments.--
            (1) Advancing american ai act.--The Advancing American AI 
        Act (Public Law 117-263; 40 U.S.C. 11301 note) is amended--
                    (A) in section 7223(3), by striking the period and 
                inserting ``and in section 5002 of the National 
                Artificial Intelligence Initiative Act of 2020 (15 
                U.S.C. 9401).''; and
                    (B) in section 7225, by striking subsection (d).
            (2) Executive order 13960.--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.
    (b) Compliance.--
            (1) In general.--The Director shall ensure that agencies 
        submit artificial intelligence use case inventories and that 
        the inventories comply with applicable artificial intelligence 
        inventory guidance.
            (2) Annual report.--The Director shall submit to the 
        relevant congressional committees an annual report on agency 
        compliance with artificial intelligence inventory guidance.
    (c) Disclosure.--
            (1) In general.--The artificial intelligence inventory of 
        each agency shall publicly disclose--
                    (A) 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;
                    (B) 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;
                    (C) 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;
                    (D) a list of targeted impact assessments conducted 
                pursuant to section 7(a)(2)(C); and
                    (E) the number of artificial intelligence use cases 
                excluded from public reporting as being ``sensitive.''
            (2) Updates.--
                    (A) In general.--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.
                    (B) Guidance.--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.
    (d) Congressional Reporting.--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--
            (1) the use cases that have been identified as 
        ``sensitive'' and not for public disclosure; and
            (2) a classified annex of classified use cases.
    (e) Government Trends Report.--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.
    (f) Comptroller General.--
            (1) Report required.--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.
            (2) Appropriate classification.--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.
                                 <all>
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