[Congressional Record Volume 170, Number 142 (Thursday, September 12, 2024)]
[Senate]
[Pages S6033-S6034]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3271. Mr. SCHUMER (for himself, Mr. Rounds, and Mr. Heinrich) 
submitted an amendment intended to be proposed by him to the bill S. 
4638, to authorize appropriations for fiscal year 2025 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 XVI, insert the 
     following:

     SEC. ___. PHYSICAL AND CYBERSECURITY REQUIREMENTS FOR HIGHLY 
                   CAPABLE ARTIFICIAL INTELLIGENCE SYSTEMS.

       (a) Definitions.--In this section:
       (1) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given such term in section 
     5002 of the National Artificial Intelligence Initiative Act 
     of 2020 (15 U.S.C. 9401).
       (2) Covered artificial intelligence technology.--The term 
     ``covered artificial intelligence technology'' means a 
     technology specified in the guidance developed under 
     subsection (c)(3), including all components of that 
     technology, such as source code and numerical parameters of a 
     trained artificial intelligence system, and details of any 
     proprietary methods used to develop such a system.
       (3) Covered entity.--The term ``covered entity'' means an 
     entity that enters into a Department of Defense contract that 
     engages in the development, deployment, storage, or 
     transportation of a covered artificial intelligence 
     technology.
       (b) Findings.--Congress makes the following findings:
       (1) Source code, numerical parameters, and related 
     technology associated with highly capable artificial 
     intelligence systems in the possession of private artificial 
     intelligence companies are an invaluable national resource 
     that would pose a grave threat to United States national 
     security if stolen by a foreign adversary through a cyber 
     operation or insider threat.

[[Page S6034]]

       (2) Numerous foreign adversaries have the capacity to 
     engage in cyber operations to extract important data from 
     private companies, absent the most stringent cybersecurity 
     protections.
       (c) Security Framework.--
       (1) In general.--The Secretary of Defense, acting through 
     the Assistant Secretary of Defense for Cyber Policy, shall 
     develop a framework describing best practices for artificial 
     intelligence cybersecurity, physical security, and insider 
     threat mitigation to address or mitigate risks relating to 
     national security or foreign policy, including to protect 
     vital national resources from theft that would do grave 
     damage to the United States and to protect the proprietary 
     trade secrets used in the development of covered artificial 
     intelligence technologies which, if compromised, may create 
     risks to United States national security or foreign policy.
       (2) Risk-based framework.--The framework developed under 
     paragraph (1) shall be risk-based, with stronger security 
     corresponding proportionally to the national security or 
     foreign policy risks posed by the artificial intelligence 
     technology being stolen or tampered with. The framework shall 
     include multiple security levels, where--
       (A) at least one security level shall be equivalent to the 
     requirements described in NIST Special Publication 800-181 
     (relating to protecting controlled unclassified information 
     in nonfederal systems and organizations);
       (B) at least one security level shall be equivalent to the 
     requirements described in NIST Special Publication 800-172 
     (relating to enhanced security requirements for protecting 
     controlled unclassified information); and
       (C) at least one security level shall be stronger than NIST 
     Special Publication 800-172 (relating to enhanced security 
     requirements for protecting controlled unclassified 
     information) and shall describe a security posture capable of 
     mitigating risks posed by the highest threat actors, 
     including foreign intelligence agencies of peer and near-peer 
     nations.
       (3) Covered artificial intelligence technologies.--
       (A) Guidance.--The framework developed under paragraph (1) 
     shall provide clear guidance about which artificial 
     intelligence technologies are covered under the framework. 
     Such technologies shall be those that, if obtained by a 
     foreign adversary, would pose a grave threat to the national 
     security of the United States.
       (B) Objective evaluation procedures.--Where feasible, the 
     guidance provided under subparagraph (A) shall be specified 
     in terms of objective evaluation procedures that measure or 
     estimate the national security implications of the artificial 
     intelligence technology, either before, during, or after it 
     has been developed.
       (4) Use of existing frameworks.--To the maximum extent 
     feasible, the framework developed under paragraph (1) shall 
     be implemented using one or more existing cybersecurity 
     frameworks developed by the Department of Defense or other 
     Federal agencies, such as the Cybersecurity Maturity Model 
     Certification framework. Where needed, the Secretary may 
     augment those frameworks to implement additional security 
     levels as described in paragraph (2).
       (d) Security Requirements.--
       (1) In general.--The Secretary may amend the Defense 
     Federal Acquisition Regulation Supplement, or take other 
     similar action, to require covered entities to implement the 
     best practices described in the framework developed under 
     subsection (c).
       (2) Risk-based rules.--Requirements implemented in rules 
     developed under paragraph (1) shall be as narrowly tailored 
     as practicable to the specific covered artificial 
     intelligence technologies developed, deployed, stored, or 
     transported by a covered entity, and shall be calibrated 
     accordingly to the different tasks involved in development, 
     deployment, storage, or transportation of components of those 
     covered artificial intelligence technologies.
       (e) Reporting Requirements.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary, acting 
     through the Assistant Secretary, shall submit to the 
     congressional defense committees an update on the status of 
     implementation of the requirements of this section.
                                 ______