Lawmakers Advance AI Provisions in Must-Pass Defense Bill

On December 7, 2024, House and Senate Armed Services committee leaders unveiled legislative text (H.R. 5009) and a joint explanatory statement for the fiscal year (FY) 2025 must-pass defense authorization bill, which contains a number of artificial intelligence (AI) provisions that will likely become law, setting the stage for an initial vote in the House, followed by the Senate, with lawmakers potentially wrapping up the package by the end of the week.

The conference report is the product of bicameral negotiations to reconcile differences between the House and Senate versions of the bill. The House passed its version (H.R. 8070) of the National Defense Authorization Act (NDAA) in June, while the Senate filed a managers package to its Committee-passed version (S. 4638) in October (see prior alert here).

Below, please find key provisions in the compromise version of the defense bill.

Title II: Research, Development, Test and Evaluation

• Improvements to Defining, Identifying and Planning DoD’s AI Workforce (Sec. 221): Directs the U.S. Department of Defense (DoD) to, by April 30, 2025, (1) appoint a Chief Digital Engineering Recruitment and Management Officer to fully define and identify the DoD AI workforce and (2) update the Human Capital Operating Plan to be consistent with the Agency Strategic Plan and Annual Performance Plan relating to AI workforce issues. Within 240 days of enactment, DoD’s Chief Digital and AI Officer is directed to brief Congress on the workforce assessment. The provision was previously included in the Senate bill, although the House bill contained a similar provision.
• Modification to AI Education Strategy (Sec. 222): Amends section 256 of the National Defense Authorization Act for Fiscal Year 2020 (P.L. 116-92) by adding an additional requirement to the AI education program and requiring the DoD’s Chief Digital and AI Officer to, within 180 days of enactment, develop distance education courses on AI. The provision was previously included in the House bill.
• Duties of Chief Digital and AI Officer Governing Council (Sec. 225): Expands the duties of the Chief Digital and AI Officer Governing Council to include (1) identifying and assessing AI intelligence models and advanced AI technologies that could pose a national security risk if accessed by U.S. adversaries; (2) developing strategies to prevent unauthorized access and usage of AI models by U.S. adversaries; and (3) making policy recommendations to Congress and relevant agencies. The provision was previously included in the Senate bill.
• Management/Utilization of Digital Data to Enhance Maintenance Activities (Sec. 233): Requires the Under Secretary of Defense for Acquisition and Sustainment to develop and implement policies to manage and utilize data derived from digital data systems for aircraft, ships and ground vehicles in support of maintenance activity. The provision was previously included in the Senate bill.
• AI Biotechnology Applications for National Security (Sec. 236): Requires DoD to establish a pilot program focused on the development of near-term use cases and demonstrations of AI toward biotechnology applications for national security. The provision was previously included in the Senate bill. The House bill contained a similar provision requiring DoD to develop a plan for the establishment of a secure computing and data storage environment to facilitate the testing of AI models trained on biological data.
• Use of AI for Workflow/Operations Tasks (Sec. 237): Requires DoD to, within 60 days of the enactment, carry out a pilot program to assess the feasibility and advisability of using AI-enabled software to optimize the workflow operations for (1) depots, shipyards or other manufacturing facilities; and (2) contract administration for the Department, including the adjudication and review of contracts managed by the Defense Contract Management Agency. The provision was previously included in the Senate bill.

Title X: General Provisions

• Use of AI to Facilitate Audit of DoD Financial Statements (Sec. 1007): Requires the Secretary of Defense and the secretaries of the military departments to encourage the use of AI or machine learning (ML) for audits of DoD financial statements. The provision was previously included in the House bill. Further, DoD is directed to, within 180 days of enactment, brief Congress on its efforts and specifically provide an update on the implementation of its 2023 Data, Analytics, and Artificial Intelligence Adoption Strategy (dated June 27, 2023).
• Establishment of Working Group on Multilateral AI Coordination (Sec. 1087): Directs DoD to, within 90 days of enactment, establish a Multilateral AI Working Group to develop and coordinate an AI initiative among U.S. allies and partners. The provision was previously included in the Senate bill.

Title XV—Cyberspace-Related Matters

• Accounting of DoD Cloud Computing Capabilities (Sec. 1505): Requires the DoD’s Chief Information Office to provide to report to Congress on the current and planned cloud elements of the Department, as well as a roadmap for future activities and related contracting details. The provision was previously included in the House bill.
• AI Human Factors Integration Initiative (Sec. 1531): Requires the Under Secretary of Defense for Research and Engineering to establish an initiative to improve the human usability of AI systems and AI-derived information through the application of cognitive ergonomics techniques and ensure design tools and metrics are available for programs to ensure human factors considerations are included for AI systems adopted by DoD. The provision was previously included in the Senate bill.
• Advanced Computing Infrastructure to Enable Advanced AI Capabilities (Sec. 1532): Requires DoD to establish an advanced computing infrastructure program. The provision was previously included in the Senate bill.
• Cost Budgeting for AI Data (Sec. 1533): Requires the DoD’s Chief Digital and AI Officer to develop a plan to ensure the budgeting process for programs containing AI components includes estimates for the types of data, and estimated costs for acquisition and sustainment of such data required to train, maintain or improve the AI. The provision was previously included in the Senate bill.
• Evaluation of Federated AI-Enabled Weapon Systems Center of Excellence (Sec. 1534): Requires DoD to establish a center of excellence to support the development and maturation of AI-enabled weapon systems. The provision was previously included in the Senate bill.

Title XVI: Space Activities, Strategic Programs, and Intelligence Matters

• Use of AI to Support Strategic Deterrence (Sec. 1638): Affirms the current policy of maintaining a human “in the loop” for critical actions that inform and implement presidential decisions on nuclear weapon employment. The provision was previously included in the House bill, and it would further add a sense of Congress and modify the statement of policy with respect to AI and the integrity of nuclear safeguards.

Conclusion

Akin’s lobbying & public policy practice continues to closely monitor congressional, White House and industry activity on AI, and will continue to keep clients apprised of noteworthy advancements. For more information about broader AI policy, regulatory and industry developments, subscribe to Akin’s AI newsletter, Akin Intelligence.