Lawmakers Advance Artificial Intelligence Provisions in Must-Pass Defense Bill

On December 7, 2023, House and Senate Armed Services committee leaders unveiled their conference report for the fiscal year (FY) 2024 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 Senate.

The conference report is the product of bicameral negotiations to reconcile differences between the House and Senate versions of the bill, both of which passed their respective chambers earlier this summer (see prior alert here). The Senate version of the bill (S. 2226) notably advanced with bipartisan support via an 86-11 vote, contrasting to the House’s near party-line passage of its own bill (H.R. 2670).

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

Cyberspace

• Control and Management of Department of Defense Data; Establishment of Chief Digital and Artificial Intelligence Officer Governing Council (Sec. 1521): This provision, which was included in both the House and Senate bills, directs the US Department of Defense (DoD) to establish a Chief Digital and Artificial Intelligence Officer Governing Council to provide policy oversight to ensure the responsible and ethical employment of data and AI capabilities across DoD missions and operations.
• Management of Data Assets by Chief Digital and Artificial Intelligence Officer (Sec. 1523): This provision, which was included in both the House and Senate bills, directs DoD’s Chief Digital and AI Officer to develop a baseline of data assets on foreign key terrain and relational frameworks in cyberspace, maintained by its intelligence agencies, military departments, combatant commands and any other components of the DoD.
• Modification to Acquisition Authority of Senior Official with Principal Responsibility for Artificial Intelligence and Machine Learning (Sec. 1541): This provision directs DoD’s Under Secretary of Defense for Acquisition and Sustainment to, within 30 days of enactment, submit a plan to Congress on DoD’s delegation and exercise of the Director of the Joint AI Center’s (JAIC) acquisition authority. DoD’s Chief Digital and Artificial Intelligence Officer must also, within 90 days of enactment, provide a demonstration of operational capability delivered under such authority.
• Artificial Intelligence Bug Bounty Programs (Sec. 1542): This provision, which was included in both the House and Senate bills, requires DoD’s Chief Digital and Artificial Intelligence Officer to, within 180 days of enactment (and subject to the availability of appropriations), develop a bug bounty program for foundational AI models being integrated into DoD’s missions and operations.
• Prize Competition for Technology That Detects and Watermarks Use of Generative AI (Sec. 1543): This provision, which was included in the Senate bill, requires DoD to, within 270 days of enactment, establish a prize competition to evaluate technology for generative AI detection and watermarking. The participants in the prize competition may include “federally funded research and development centers, entities within the private sector, entities within the defense industrial base, institutions of higher education, Federal departments and agencies, and such other categories of participants as the Secretary of Defense considers appropriate.”
• Plans, Strategies, and Other Matters Relating to AI (Sec. 1544): This provision, which was included in both the House and Senate bills, directs DoD to, among other things, and within 120 days of enactment, issue Department-wide guidance defining outcomes of near-term and long-term plans relating to adoption of AI and efforts to monitor accountability; develop a strategic plan for the development, use and cybersecurity of generative AI; and assess technical workforce needs.
• Study to Analyze Vulnerability for AI-Enabled Military Application (Sec. 1545): This provision directs DoD to, within one year of enactment, complete a study to assess the functionality of AI-enabled military applications, related research and development needs, and vulnerabilities to the privacy, security and accuracy of such applications.

Competition with US Adversaries

• Programs for Next-Generation Microelectronics in Support of AI (Sec. 7507): This provision directs the Director of National Intelligence to oversee a program to advance microelectronics research, subject to the availability of appropriations.
• Requirement to Ensure Intelligence Community Directives Appropriately Account for AI and Machine Learning Tools in Intelligence Products (Sec. 7510): This provision directs the Director of National Intelligence to, within 120 days of enactment, brief Congress on whether existing intelligence community directives provide intelligence community analysts with sufficient guidance on the use of AI and machine learning tools in intelligence products.
• Policies Established by Director of National Intelligence for AI Capabilities (Sec. 7513): This provision, which was included in both the House and Senate bills, directs the Director of National Intelligence to, within one year of enactment, establish policies for the acquisition, adoption, development and use of key AI capabilities.

Cyber Diplomacy

• Establishment of the Chief Artificial Intelligence Officer of the Department of State (Sec. 6303): This provision, which was included in both the House and Senate bills, directs the State Department to designate a Chief Artificial Intelligence Officer, which may be dual-hatted as the Department’s Chief Data Officer.

Logistics and Sustainment

• Pilot Program on Optimization of Aerial (Sec. 346): This provision, which was included in the House bill, would commence a pilot program to optimize the logistics of aerial refueling and fuel management through the use of advanced digital technologies and AI.
• Strategy and Assessment on Use of Automation and AI for Shipyard Optimization (Sec. 350): This provision, which was included in both the House and Senate bills, directs the Navy to demonstrate a digital platform using AI to analyze data on the maintenance and condition of shipboard assets.

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, please see our latest edition of Akin’s AI newsletter, Akin Intelligence.