Advancing American AI Act
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Advancing American AI Act
United States — Federal
Legislation
Pub. L. 117-263, Title LXXII, Subtitle B
See the dated record below.
See the timeline and source documents below.
Not recorded as a single article-wide date; see the dated source notes.
Overview
The Advancing American AI Act is a United States federal statute requiring federal agencies to inventory their artificial intelligence use cases, adopt AI risk-management practices, and develop governance frameworks for AI systems. Enacted as Subtitle B of Title LXXII of the FY2023 National Defense Authorization Act, it was one of the most significant AI governance laws passed by Congress prior to 2025.
Legislative details
- Official Title: Advancing American AI Act
- Public Law: Pub. L. 117-263, Title LXXII, Subtitle B
- Parent Act: James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- Signed: December 23, 2022
- Citation: 40 U.S.C. § 11301 note
Legislative history
The Advancing American AI Act was included as Subtitle B of Title LXXII (Section 7221 et seq.) of the FY2023 NDAA. The provisions drew from bipartisan proposals to strengthen federal AI governance and were incorporated into the must-pass defense authorization bill. President Biden signed the NDAA into law on December 23, 2022.
Requirements
The Act is organized into the following sections:
Section 7221 — Short Title
This subtitle may be cited as the "Advancing American AI Act."
Section 7222 — Purposes
The purposes of the Act include:
- Ensuring the federal government uses AI in a manner that advances innovation while managing risks
- Promoting trustworthy AI development and deployment
- Supporting U.S. leadership in AI
Section 7223 — Definitions
Adopts the definition of artificial intelligence from the National Artificial Intelligence Initiative Act of 2020.
Section 7224 — Principles and Policies for Use of AI
Requires the Director of OMB to:
- Issue guidance on the governance of AI use by federal agencies
- Establish principles for the responsible use of AI
- Address protection of privacy, civil rights, and civil liberties
Section 7225 — AI Use Case Inventory
Requires each federal agency to:
- Inventory all current AI use cases within the agency
- Report the inventory to OMB
- Make non-sensitive portions of the inventory publicly available
- Update the inventory periodically
This provision was the first statutory requirement for comprehensive federal AI use-case reporting.
Section 7226 — AI Risk Management
Requires agencies to adopt AI risk-management practices, including:
- Assessment of AI systems for risks to safety, rights, and civil liberties
- Implementation of risk-mitigation measures
- Compliance with the NIST AI Risk Management Framework
Section 7227 — Chief AI Officers
Each covered agency is required to designate a Chief AI Officer responsible for:
- Coordinating the agency's AI activities
- Ensuring compliance with AI governance requirements
- Advising agency leadership on AI matters
Significance
The Advancing American AI Act was the first federal statute to require agencies to systematically inventory and report their AI use cases, creating unprecedented transparency into how the government deploys AI. The Chief AI Officer requirement established a new leadership position in federal agencies, creating dedicated accountability for AI governance.
The Act's requirements for AI risk management and OMB guidance were codified as statutory mandates, giving them greater durability than executive orders alone. Subsequent OMB memos — including M-24-10 (Biden) and M-25-21 (Trump) — were issued to implement these statutory requirements.
Source documents
- GovInfo — Public Law 117-263 (Full Text)
- Congress.gov — Public Law 117-263 (PDF)
- U.S. Code — 40 U.S.C. § 11301
- Brennan Center — AI Provisions in the NDAA