S.Amdt. 682

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.''.
______