[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Pages S2799-S2800]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 694. Mr. MORAN 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, insert the following:

     SEC. ___. AGENCY USE OF ARTIFICIAL INTELLIGENCE.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of Federal Procurement Policy.
       (2) Agency.--The term ``agency'' means any department, 
     independent establishment, Government corporation, or other 
     agency of the executive branch of the Federal Government.
       (3) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 5002 
     of the National Artificial Intelligence Initiative Act of 
     2020 (15 U.S.C. 9401).
       (4) Director.--The term ``Director'' means the Director of 
     the National Institute of Standards and Technology.
       (5) Framework.--The term ``framework'' means document 
     number NIST AI 100-1 of the National Institute of Standards 
     and Technology entitled ``Artificial Intelligence Risk 
     Management Framework'', or any successor document.
       (6) Playbook.--The term ``playbook'' means the AI RMF 
     Playbook developed by the National Institute of Standards and 
     Technology.
       (7) Profile.--The term ``profile'' means an implementation 
     of the artificial intelligence risk management functions, 
     categories, and subcategories for a specific setting or 
     application based on the requirements, risk tolerance, and 
     resources of the framework user.
       (b) Requirements for Agency Use of Artificial 
     Intelligence.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director, in consultation with the 
     Administrator, shall issue guidance for each agency to 
     incorporate the framework into the artificial intelligence 
     risk management efforts of the agency, which shall--
       (A) recommend requirements consistent with the framework 
     and tailored to risks that could endanger human life, health, 
     property, or the environment for agency implementation in the 
     development, procurement, and use of artificial intelligence;
       (B) specify appropriate cybersecurity strategies and the 
     installation of effective cybersecurity tools;
       (C) recommend minimum standards--
       (i) that are consistent with the framework and Circular A-
     119 of the Office of Management and Budget;
       (ii) that are tailored to risks that could endanger human 
     life, health, property, or the environment; and
       (iii) which a supplier of artificial intelligence for the 
     agency must attest to meet before the head of an agency may 
     procure artificial intelligence from that supplier;
       (D) provide draft contract language for each agency to use 
     in procurement that requires a supplier of artificial 
     intelligence to adhere to certain actions that are consistent 
     with the framework;
       (E) provide a template for agency use on the guidance that 
     includes recommended procedures for implementation;
       (F) provide specific recommendations, including exceptions, 
     consistent with the framework for an entity that is a small 
     business concern (as defined in section 3 of the Small 
     Business Act (15 U.S.C. 632));
       (G) recommend training on the framework and the guidance 
     for each agency responsible for procuring artificial 
     intelligence; and
       (H) develop profiles for agency use of artificial 
     intelligence consistent with the framework.
       (2) Conforming requirement.--The head of each agency shall 
     conform any policy, principle, practice, procedure, or 
     guideline governing the design, development, implementation, 
     deployment, use, or evaluation of an artificial intelligence 
     system by the agency to the guidance issued under paragraph 
     (1).
       (3) Supporting material.--In carrying out paragraph (2), 
     the head of each agency may use the supporting materials of 
     the framework, including the playbook.

[[Page S2800]]

       (4) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall conduct a study on the impact of the application 
     of the framework on agency use of artificial intelligence.
       (5) Reporting requirement.--Not later than 1 year after the 
     date of the enactment of this Act, and not less frequently 
     than once every 3 years thereafter, the Director of the 
     Office of Management and Budget shall submit to Congress a 
     report on agency implementation of and conformity to the 
     framework.
       (c) REQUIREMENTS FOR AGENCY PROCUREMENT OF ARTIFICIAL 
     INTELLIGENCE.--Not later than 180 days after the issuance of 
     guidance pursuant to subsection (b)(1), the Federal 
     Acquisition Regulatory Council shall promulgate regulations 
     that provide for--
       (1) the requirements for the acquisition of artificial 
     intelligence products, services, tools, and systems, to 
     include risk-based compliance with the framework; and
       (2) solicitation provisions and contract clauses that 
     include references to the requirements described in paragraph 
     (1) and the framework for use in artificial intelligence 
     acquisitions.
                                 ______