Sec. 1544. PLANS, STRATEGIES, AND OTHER MATTERS RELATING TO ARTIFICIAL INTELLIGENCE

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## SEC. 1544 PLANS, STRATEGIES, AND OTHER MATTERS RELATING TO ARTIFICIAL INTELLIGENCE **[**[10 U.S.C. 4001 note](/us/usc/t10/s4001)**]** ###

(a)In General The Secretary of Defense, in consultation with the Deputy Secretary of Defense, shall— ####

(1)establish and document procedures, including timelines, for the periodic review of the 2018 Department of Defense Artificial Intelligence Strategy, or any successor strategy, and associated annexes of the military departments to assess the implementation of such strategy and whether any revision is necessary; ####

(2)issue Department of Defense-wide guidance that defines outcomes of near-term and long-term strategies and plans relating to— #####

(A)the adoption of artificial intelligence; #####

(B)the adoption and enforcement of policies on the ethical use of artificial intelligence systems; and #####

(C)the identification and mitigation of bias in artificial intelligence algorithms; ####

(3)issue Department-wide guidance regarding methods to monitor accountability for artificial intelligence-related activity, including artificial intelligence performance indicators and metrics; ####

(4)develop a strategic plan for the development, use, and cybersecurity of generative artificial intelligence, including a policy governing the use of, and the defense against adversarial use of, generative artificial intelligence; ####

(5)assess technical workforce needs across the future years defense plan to support the continued development of artificial intelligence capabilities, including recruitment and retention policies and programs; ####

(6)assess the availability and adequacy of the basic artificial intelligence training and education curricula, including efforts developed or authorized pursuant to section 256 of the National Defense Authorization Act for Fiscal Year 2020 (133 Stat. 1290; Public Law 116-92), available to the broader civilian workforce of the Department and military personnel to promote artificial intelligence literacy to the nontechnical workforce and senior leadership with responsibilities adjacent to artificial intelligence technical development; ####

(7)develop and issue a timeline and guidance for the Chief Digital and Artificial Intelligence Officer of the Department and the Secretaries of the military departments to establish a common lexicon for artificial intelligence-related activities; ####

(8)develop and implement a plan to protect and secure the integrity, availability, and privacy of artificial intelligence systems and models, including large language models, data libraries, data repositories, and algorithms, in training, development, and production environments; ####

(9)ensure the fulfilment of the statutory requirement to establish data repositories under section 232 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 4001 note), as amended by section 212 of the National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 136 Stat. 2466); ####

(10)develop and implement a plan— #####

(A)to identify commercially available and relevant large language models; and #####

(B)to make such models available, as appropriate, on classified networks; ####

(11)develop a plan to defend the personnel, organizations, and systems of the Department against adversarial artificial intelligence, including an identification of organizations within the Department capable of providing to cyber red teams of the Department capabilities for operational and developmental needs; ####

(12)develop and implement a policy for use by contracting officials to protect the intellectual property of commercial entities that provide artificial intelligence algorithms to a data repository specified in paragraph (9), including a policy for how to address data rights in situations in which governmental and commercial intellectual property may be mixed when such artificial intelligence algorithms are deployed in an operational environment; ####

(13)issue guidance and directives governing how the Chief Digital and Artificial Intelligence Officer of the Department shall exercise authority to access, control, and maintain, on behalf of the Secretary, data collected, acquired, accessed, or used by components of the Department consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 U.S.C. 4001 note); and ####

(14)clarify guidance on the instances for, and the role of human intervention and oversight in, the exercise of artificial intelligence algorithms for use in the generation of offensive or lethal courses of action for tactical operations. ###

(b)Ethical and Responsible Artificial Intelligence ####

(1)Process The Secretary of Defense, acting through the Chief Digital and Artificial Intelligence Officer, shall develop and implement a process— #####

(A)to assess whether a given artificial intelligence technology used by the Department of Defense is in compliance with a test, evaluation, verification, and validation framework that— ######

(i)operationalizes responsible artificial intelligence principles; and ######

(ii)is validated and selected by the Chief Digital and Artificial Intelligence Officer for purposes of this subsection; #####

(B)to report and remediate any artificial intelligence technology that is determined not to be in compliance with the framework selected pursuant to subparagraph (A); and #####

(C)in a case in which efforts to remediate such technology have been unsuccessful, to discontinue the use of the technology until effective remediation is achievable. ####

(2)Additional requirements In developing and implementing the process under paragraph (1), the Secretary of Defense shall— #####

(A)develop clear criteria against which the compliance of an artificial intelligence technology with the framework selected pursuant to subparagraph

(A)of such paragraph may be assessed under such subparagraph, taking into consideration— ######

(i)similar criteria previously developed by the Secretary; and ######

(ii)the identification of potential vulnerabilities in systems and infrastructure of the Armed Forces that could be exploited by adversarial artificial intelligence applications used by the People’s Republic of China, the Russian Federation, or other foreign adversaries; #####

(B)take steps to integrate such process across the elements of the Department of Defense, including the combatant commands; and #####

(C)provide information on such process to members of the Armed Forces and civilian personnel of the Department that are— ######

(i)responsible for developing and deploying artificial intelligence technologies; ######

(ii)end users of such technologies, including members of the Army, Navy, Air Force, Marine Corps, or Space Force who use such technologies in military operations; or ######

(iii)otherwise determined relevant by the Secretary. ###

(c)Deadline; Briefing ####

(1)Deadline The Secretary shall complete the requirements under this section by not later than 120 days after the date of enactment of this Act. ####

(2)Briefing Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the implementation of this section.

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