Lawmakers Advance AI Provisions in Must-Pass Defense Bill
Summary
Before departing for the August recess, the Senate passed the fiscal year (FY) 2024 National Defense Authorization Act (NDAA; S. 2226) with wide bipartisan support via an 86-11 vote, contrasting with the House’s near party-line passage of its own NDAA (H.R. 2670) earlier in the month and teeing up bicameral negotiations over a compromise version of the bill. The manager’s package for the bill comprised 51 amendments, with 21 proposals each from Democrats and Republicans and an additional nine bipartisan amendments. In particular, the Senate manager’s package: • Directs federal financial regulators to, within 90 days of enactment, submit a report to the Senate Banking and House Financial Services Committees outlining their gap in knowledge related to AI. • Directs the United States Department of Defense’s (DoD) Chief Digital and Artificial Intelligence Officer (CDAO) to, within 180 days of enactment, develop a bug bounty program for foundational AI models being integrated into DoD missions. • Directs the CDAO to, within one year of enactment, complete a study analyzing the vulnerabilities to the privacy, security, and accuracy of AI-enabled military applications, as well as the research and development needs for such applications. • Directs DoD to, within 180 days of enactment, submit a report to the House and Senate Armed Services Committees on data sharing and coordination, including a strategy supporting effective use of AI-enabled military applications. • Establishes the position of Chief AI Officer at the United States Department of State to facilitate the responsible development of AI and machine learning applications. The House-passed NDAA (H.R. 2670) also includes a number of AI-focused directives: • Directs DoD to develop and implement a process (1) to assess whether an AI technology used by the Department is functioning responsibly; (2) to report and remediate any AI technology determined not to be functioning responsibly; and (3) if efforts to remediate such technology are unsuccessful, to discontinue its use until effective remediation is achievable. • Directs DoD to conduct a study to assess the feasibility of creating a centralized platform for the development and testing of autonomous software. • Directs DoD to commence a pilot program to optimize the logistics of aerial refueling and fuel management through the use of advanced digital technologies and AI. • Directs DoD to establish a Department-wide classification framework for autonomous capabilities within 180 days of enactment.
