[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2790-S2792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 682. Mr. ROUNDS (for himself, Mr. Schumer, Mr. Young, and Mr. 
Heinrich) submitted an amendment intended to be proposed by him to the 
bill S. 2226, to authorize appropriations for fiscal year 2024 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:
       At the appropriate place in title X, insert the following:

   Subtitle _--Additional Matters Relating to Artificial Intelligence

     SEC. __. REPORT ON AI REGULATION IN FINANCIAL SERVICES 
                   INDUSTRY.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, each of the Board of Governors of the 
     Federal Reserve System, the Federal Deposit Insurance 
     Corporation, the Office of the Comptroller of the Currency, 
     the National Credit Union Administration, and the Bureau of 
     Consumer Financial Protection shall submit to the Committee 
     on Banking, Housing and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives a report on its gap in knowledge relating to 
     artificial intelligence, including an analysis on--
       (1) which tasks are most frequently being assisted or 
     completed with artificial intelligence in the institutions 
     the agency regulates;
       (2) current governance standards in place for artificial 
     intelligence use at the agency and current standards in place 
     for artificial intelligence oversight by the agency;
       (3) potentially additional regulatory authorities required 
     by the agency to continue to successfully execute its 
     mission;
       (4) where artificial intelligence may lead to overlapping 
     regulatory issues between agencies that require 
     clarification;
       (5) how the agency is currently using artificial 
     intelligence, how the agency plans to use such artificial 
     intelligence the next 3 years, and the expected impact, 
     including fiscal and staffing, of those plans; and
       (6) what resources, monetary or other resources, if any, 
     the agency requires to both adapt to the changes that 
     artificial intelligence will bring to the regulatory 
     landscape and to adequately adopt and oversee the use of 
     artificial intelligence across its operations described in 
     paragraph (5).
       (b) Rule of Construction.--Nothing in this section may be 
     construed to require an agency to include confidential 
     supervisory information or pre-decisional or deliberative 
     non-public information in a report under this section.

     SEC. ___. ARTIFICIAL INTELLIGENCE BUG BOUNTY PROGRAMS.

       (a) Program for Foundational Artificial Intelligence 
     Products Being Incorporated by Department of Defense.--
       (1) Development required.--Not later than 180 days after 
     the date of the enactment of this Act, the Chief Data and 
     Artificial Intelligence Officer of the Department of Defense 
     shall develop a bug bounty program for foundational 
     artificial intelligence products being incorporated by the 
     Department of Defense.
       (2) Collaboration.--In developing the program required by 
     paragraph (1), the Chief may collaborate with the heads of 
     other government agencies that have expertise in 
     cybersecurity and artificial intelligence.
       (3) Implementation authorized.--The Chief may carry out the 
     program developed pursuant to subsection (a).
       (4) Contracts.--The Secretary of Defense shall ensure that 
     whenever the Department of Defense enters into any contract, 
     the contract allows for participation in the bug bounty 
     program developed pursuant to paragraph (1).
       (5) Rule of construction.--Nothing in this subsection shall 
     be construed to require--
       (A) the use of any foundational artificial intelligence 
     product; or
       (B) the implementation of the program developed pursuant to 
     paragraph (1) in order for the Department to incorporate a 
     foundational artificial intelligence product.

[[Page S2791]]

       (b) Briefing.--Not later than one year after the date of 
     the enactment of this Act, the Chief shall provide the 
     congressional defense committees a briefing on--
       (1) the development and implementation of bug bounty 
     programs the Chief considers relevant to the matters covered 
     by this section; and
       (2) long-term plans of the Chief with respect to such bug 
     bounty programs.

     SEC. __. VULNERABILITY ANALYSIS STUDY FOR EMERGING ARTIFICIAL 
                   INTELLIGENCE SYSTEMS.

       (a) Study Required.--Not later than one year after the date 
     of the enactment of this Act, the Chief Digital and 
     Artificial Intelligence Officer (CDAO) of the Department of 
     Defense shall complete a study analyzing the vulnerabilities 
     of, and capacity to assess, emerging artificial intelligence 
     systems, as well as research needs for such systems.
       (b) Elements.--The study required by subsection (a) shall 
     cover the following:
       (1) Research and development needs and transition pathways 
     to advance explainable and interpretable artificial 
     intelligence, including the capability to audit the 
     underlying artificial intelligence algorithms and data 
     models.
       (2) Assessing the potential risks of underlying artificial 
     intelligence architectures and algorithms, including the 
     following:
       (A) Individual foundation models, including the adequacy of 
     existing testing, training, and auditing for such models to 
     ensure models can be properly assessed over time.
       (B) The interactions of multiple artificial intelligence 
     systems, and the ability to detect and assess new, complex, 
     and emergent behavior amongst individual agents, as well as 
     the collective impact, including how such changes may affect 
     risk over time.
       (C) The impact of increased agency in artificial 
     intelligence systems and how such increased agency may affect 
     the ability to detect and assess new, complex, and emergent 
     behavior, as well risk over time.
       (3) Assessing the robustness, survivability, and 
     traceability of decision support systems that are integrated 
     with artificial intelligence systems and used in a contested 
     environment, including--
       (A) potential benefits and risks of implementing such 
     systems; and
       (B) other technical or operational constraints to ensure 
     such decision support systems are able to adhere to the 
     Department of Defense Ethical Principles for Artificial 
     Intelligence.
       (4) Identification of existing artificial intelligence 
     metrics, developmental, testing and audit capabilities, 
     personnel, and infrastructure, including test and evaluation 
     facilities, needed to enable ongoing identification and 
     assessment under paragraphs (1) through (3), and other 
     factors such as--
       (A) implications for deterrence systems based on systems 
     warfare; and
       (B) vulnerability to systems confrontation on the system 
     and system-of-systems level.
       (5) Assessment of the sufficiency of current intellectual 
     property and data rights regulations to address the clarity 
     of government and industry data rights in an environment 
     where commercial artificial intelligence algorithms are being 
     trained on government-owned and controlled data sources.
       (6) Identification of gaps or research needs to 
     sufficiently respond to the elements outlined in this 
     subsection that are not currently, or not sufficiently, 
     funded within the Department of Defense or other Federal 
     agencies.
       (c) Coordination.--In carrying out the study required by 
     subsection (a), the Chief Digital and Artificial Intelligence 
     Officer shall coordinate with the following:
       (1) The Director of the Defense Advanced Research Projects 
     Agency (DARPA).
       (2) The Under Secretary of Defense for Research and 
     Evaluation.
       (3) The Under Secretary of Defense for Policy.
       (4) The Director for Operational Test and Evaluation 
     (DOT&E) of the Department.
       (5) As the Chief Digital and Artificial Intelligence 
     Officer considers appropriate, the following:
       (A) The Secretary of Energy.
       (B) The Director of the National Institute of Standards and 
     Technology.
       (C) The Director of the National Science Foundation.
       (D) The head of the National Artificial Intelligence 
     Initiative Office of the Office of Science and Technology 
     Policy.
       (E) Members and representatives of industry.
       (F) Members and representatives of academia.
       (d) Interim Briefing.--Not later than 180 days after the 
     date of the enactment of this Act, the Chief Digital and 
     Artificial Intelligence Officer shall provide the 
     congressional defense committees a briefing on the interim 
     findings of the Chief Digital and Artificial Intelligence 
     Officer with respect to the study being conducted pursuant to 
     subsection (a).
       (e) Final Report.--
       (1) In general.--Not later than one year after the date of 
     the enactment of this Act, the Chief Digital and Artificial 
     Intelligence Officer shall submit to the congressional 
     defense committees a final report on the findings of the 
     Chief Digital and Artificial Intelligence Officer with 
     respect ot the study conducted pursuant to subsection (a).
       (2) Form.--The final report submitted pursuant to paragraph 
     (1) shall be submitted in unclassified for, but may include a 
     classified annex.

     SEC. __. ROADMAP ON DATA SHARING AND COORDINATION RELATING TO 
                   ARTIFICIAL INTELLIGENCE SYSTEMS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     establish a 5-year strategic roadmap--
       (1) to promote the coordination of artificial intelligence 
     systems and any data related to training, use, or evaluation 
     of artificial intelligence systems; and
       (2) to identify longstanding practices and institutional 
     norms within each military department that contribute to 
     decentralization of data systems and artificial intelligence 
     technology acquisitions.
       (b) Elements.--The roadmap required by subsection (a) shall 
     include the following elements:
       (1) A review of past efforts to promote centralization of 
     data and data management strategies related to training, use, 
     or evaluation of artificial intelligence systems and 
     interoperability of artificial intelligence systems.
       (2) A description of how varying cultural norms among 
     components of the Department of Defense contribute to 
     decreased collaboration, interoperability, and joint 
     decision-making within the Department with respect to 
     artificial intelligence and associated data.
       (3) A strategy to promote a unified vision of the 
     Department that does not impinge upon the unique identity of 
     each component with respect to artificial intelligence and 
     associated data.
       (4) Plans to prevent the necessity for post hoc technology 
     integration programs, such as joint all-domain command and 
     control (commonly referred to as ``JADC2''), with respect to 
     newly acquired artificial intelligence systems.

     SEC. __. CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICE 
                   RECRUITMENT AND RETENTION.

       (a) In General.--Chapter 81 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1599k. Chief Digital and Artificial Intelligence 
       Office recruitment and retention

       ``(a) General Authority.--(1) The Secretary of Defense 
     may--
       ``(A) establish, as positions in the excepted service, such 
     qualified positions in the Department of Defense as the 
     Secretary determines necessary to carry out the 
     responsibilities of the Chief Digital and Artificial 
     Intelligence Office, including--
       ``(i) positions held by staff of the headquarters of the 
     Office; and
       ``(ii) positions held by elements of the military 
     departments supporting the Office;
       ``(B) appoint an individual to a qualified position (after 
     taking into consideration the availability of preference 
     eligibles for appointment to the position); and
       ``(C) subject to the requirements of subsections (b) and 
     (c), fix the compensation of an individual for service in a 
     qualified position.
       ``(2) The authority of the Secretary under this subsection 
     applies without regard to the provisions of any other law 
     relating to the appointment, number, classification, or 
     compensation of employees.
       ``(b) Basic Pay.--(1) In accordance with this section, the 
     Secretary shall fix the rates of basic pay for any qualified 
     position established under subsection (a)--
       ``(A) in relation to the rates of pay provided for 
     employees in comparable positions in the Department, in which 
     the employee occupying the comparable position performs, 
     manages, or supervises functions that execute a comparable 
     mission of the Department; and
       ``(B) subject to the same limitations on maximum rates of 
     pay established for such employees by law or regulation.
       ``(2) The Secretary may--
       ``(A) consistent with section 5341 of title 5, adopt such 
     provisions of that title to provide for prevailing rate 
     systems of basic pay; and
       ``(B) apply those provisions to qualified positions for 
     employees in or under which the Department may employ 
     individuals described by section 5342(a)(2)(A) of such title.
       ``(c) Additional Compensation, Incentives, and 
     Allowances.--(1) The Secretary may provide employees in 
     qualified positions compensation (in addition to basic pay), 
     including benefits, incentives, and allowances, consistent 
     with, and not in excess of the level authorized for, 
     comparable positions authorized by title 5.
       ``(2) An employee in a qualified position whose rate of 
     basic pay is fixed under subsection (b)(1) shall be eligible 
     for an allowance under section 5941 of title 5 on the same 
     basis and to the same extent as if the employee was an 
     employee covered by such section, including eligibility 
     conditions, allowance rates, and all other terms and 
     conditions in law or regulation.
       ``(d) Implementation Plan Required.--The authority granted 
     in subsection (a) shall become effective 30 days after the 
     date on which the Secretary of Defense provides to the 
     congressional defense committees a plan for implementation of 
     such authority. The plan shall include the following:
       ``(1) An assessment of the current scope of the positions 
     covered by the authority.
       ``(2) A plan for the use of the authority.
       ``(3) An assessment of the anticipated workforce needs of 
     the Chief Digital and Artificial Intelligence Office across 
     the future-years defense plan.
       ``(4) Other matters as appropriate.

[[Page S2792]]

       ``(e) Collective Bargaining Agreements.--Nothing in 
     subsection (a) may be construed to impair the continued 
     effectiveness of a collective bargaining agreement with 
     respect to an office, component, subcomponent, or equivalent 
     of the Department that is a successor to an office, 
     component, subcomponent, or equivalent of the Department 
     covered by the agreement before the succession.
       ``(f) Training.--(1) The Secretary shall provide training 
     to covered personnel on hiring and pay matters relating to 
     authorities under this section.
       ``(2) For purposes of this subsection, covered personnel 
     are employees of the Department who--
       ``(A) carry out functions relating to--
       ``(i) the management of human resources and the civilian 
     workforce of the Department; or
       ``(ii) the writing of guidance for the implementation of 
     authorities regarding hiring and pay under this section; or
       ``(B) are employed in supervisory positions or have 
     responsibilities relating to the hiring of individuals for 
     positions in the Department and to whom the Secretary intends 
     to delegate authority under this section.
       ``(g) Required Regulations.--The Secretary, in coordination 
     with the Director of the Office of Personnel Management, 
     shall prescribe regulations for the administration of this 
     section.
       ``(h) Annual Report.--(1) Not later than 1 year after the 
     date of the enactment of this section and not less frequently 
     than once each year thereafter until the date that is five 
     years after the date of the enactment of this section, the 
     Director of the Office of Personnel Management, in 
     coordination with the Secretary, shall submit to the 
     appropriate committees of Congress a detailed report on the 
     administration of this section during the most recent one-
     year period.
       ``(2) Each report submitted under paragraph (1) shall 
     include, for the period covered by the report, the following:
       ``(A) A discussion of the process used in accepting 
     applications, assessing candidates, ensuring adherence to 
     veterans' preference, and selecting applicants for vacancies 
     to be filled by an individual for a qualified position.
       ``(B) A description of the following:
       ``(i) How the Secretary plans to fulfill the critical need 
     of the Department to recruit and retain employees in 
     qualified positions.
       ``(ii) The measures that will be used to measure progress.
       ``(iii) Any actions taken during the reporting period to 
     fulfill such critical need.
       ``(C) A discussion of how the planning and actions taken 
     under subparagraph (B) are integrated into the strategic 
     workforce planning of the Department.
       ``(D) The metrics on actions occurring during the reporting 
     period, including the following:
       ``(i) The number of employees in qualified positions hired, 
     disaggregated by occupation, grade, and level or pay band.
       ``(ii) The placement of employees in qualified positions, 
     disaggregated by military department or other component 
     within the Department.
       ``(iii) The total number of veterans hired.
       ``(iv) The number of separations of employees in qualified 
     positions, disaggregated by occupation and grade and level or 
     pay band.
       ``(v) The number of retirements of employees in qualified 
     positions, disaggregated by occupation, grade, and level or 
     pay band.
       ``(vi) The number and amounts of recruitment, relocation, 
     and retention incentives paid to employees in qualified 
     positions, disaggregated by occupation, grade, and level or 
     pay band.
       ``(E) A description of the training provided to employees 
     described in subsection (f)(2) on the use of authorities 
     under this section.
       ``(i) Three-year Probationary Period.--The probationary 
     period for all employees hired under the authority 
     established in this section shall be 3 years.
       ``(j) Incumbents of Existing Competitive Service 
     Positions.--(1) An individual occupying a position on the 
     date of the enactment of this section that is selected to be 
     converted to a position in the excepted service under this 
     section shall have the right to refuse such conversion.
       ``(2) After the date on which an individual who refuses a 
     converion under paragraph (1) stops serving in the position 
     selected to be converted, the position may be converted to a 
     position in the excepted service.
       ``(k) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Armed Services, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Appropriations of the Senate; and
       ``(B) the Committee on Armed Services, the Committee on 
     Oversight and Accountability, and the Committee on 
     Appropriations of the House of Representatives.
       ``(2) Collective bargaining agreement.--The term 
     `collective bargaining agreement' has the meaning given that 
     term in section 7103(a)(8) of title 5.
       ``(3) Excepted service.--The term `excepted service' has 
     the meaning given that term in section 2103 of title 5.
       ``(4) Preference eligible.--The term `preference eligible' 
     has the meaning given that term in section 2108(3) of title 
     5.
       ``(5) Qualified position.--The term `qualified position' 
     means a position, designated by the Secretary for the purpose 
     of this section, in which the individual occupying such 
     position performs, manages, or supervises functions that 
     execute the responsibilities of the Chief Digital and 
     Artificial Intelligence Office.
       ``(6) Senior executive service.--The term `Senior Executive 
     Service' has the meaning given that term in section 2101a of 
     title 5.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by adding at 
     the end the following new item:

``1599k. Chief Digital and Artificial Intelligence Office recruitment 
              and retention.''.
                                 ______