[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4306 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4306

  To direct the Secretary of Defense to establish a working group to 
develop and coordinate an artificial intelligence initiative among the 
              Five Eyes countries, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2024

  Ms. Rosen (for herself and Mr. Budd) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of Defense to establish a working group to 
develop and coordinate an artificial intelligence initiative among the 
              Five Eyes countries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Five AIs Act 2024''.

SEC. 2. ESTABLISHMENT OF WORKING GROUP FOR ARTIFICIAL INTELLIGENCE 
              INITIATIVE AMONG FIVE EYES COUNTRIES.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Director of National Intelligence, shall establish a working group 
to be known as the ``Five AIs Strategic Artificial Intelligence Working 
Group'' (in this section referred to as the ``Working Group'').
    (b) Purpose.--The purpose of the Working Group shall be to develop 
and coordinate an artificial intelligence initiative among the Five 
Eyes countries.
    (c) Organization.--
            (1) Designation of head.--The Secretary of Defense, in 
        coordination with the Director of National Intelligence, shall 
        designate a senior civilian officer of the Department of 
        Defense or senior military officer with experience leading 
        relevant efforts, as determined by the Secretary, to serve as 
        the head of the Working Group.
            (2) Participation by other member countries.--The Secretary 
        of Defense, in coordination with the Director of National 
        Intelligence, shall encourage participation in the Working 
        Group by the members of the Five Eyes Intelligence Oversight 
        and Review Council.
    (d) Responsibilities.--The responsibilities of the Working Group 
shall be to develop and coordinate efforts to implement an artificial 
intelligence initiative between the Department of Defense, the Office 
of the Intelligence Community Inspector General of the United States, 
and the other members of the Five Eyes Intelligence Oversight and 
Review Council to--
            (1) compare--
                    (A) the various artificial intelligence systems and 
                the elements thereof (including machine learning and 
                generative artificial intelligence such as large 
                language models) used for covered operational uses by 
                such members; and
                    (B) the respective practices associated with the 
                employment of such systems for covered operational uses 
                by such members;
            (2) identify (including by experimenting, testing, and 
        evaluating) potential solutions to advance and accelerate the 
        interoperability of artificial intelligence systems used for 
        intelligence sharing, battlespace awareness, and other covered 
        operational uses;
            (3) test and evaluate the effects of artificial 
        intelligence model redundancy, including the risks and safety 
        measures associated with operating multiple artificial 
        intelligence systems, including in tandem with one another;
            (4) develop a shared strategy for the research, 
        development, test, evaluation, and employment of artificial 
        intelligence systems for covered operational uses carried out 
        jointly by the Five Eyes countries;
            (5) develop a shared strategy for--
                    (A) managing data-informed artificial intelligence 
                systems; and
                    (B) testing and evaluating artificial intelligence 
                systems with combined data sets at the unclassified and 
                classified levels;
            (6) test and evaluate the capabilities of the defense 
        industrial base of the Five Eyes countries to incorporate 
        artificial intelligence systems into systems used for covered 
        operational uses;
            (7) compare and use ethical frameworks to accelerate 
        technological advancements with respect to artificial 
        intelligence systems;
            (8) expand innovation efforts by the Five Eyes countries 
        and share among such countries best practices for the 
        accelerated procurement and adoption of artificial intelligence 
        technologies for covered operational uses;
            (9) leverage commercially available artificial intelligence 
        technologies to advance near-term jointness between the armed 
        forces and intelligence components of the Five Eyes countries;
            (10) jointly identify and source artificial intelligence 
        systems, as practicable, and advise Five Eyes countries with 
        respect to export controls applicable to such systems;
            (11) share, to the extent practicable and as agreed upon by 
        the Working Group, the results, opportunities, and frameworks 
        assessed or otherwise identified by the Working Group for the 
        informed use of artificial intelligence with allies and 
        partners of the United States other than Five Eyes countries; 
        and
            (12) carry out such other activities as the Secretary of 
        Defense, in consultation with the Director of National 
        Intelligence and any members of the Five Eyes Intelligence 
        Oversight and Review Council participating in the Working 
        Group, determines to be relevant to such responsibilities.
    (e) Control of Knowledge and Technical Data.--The Secretary of 
Defense shall seek to ensure that any knowledge or technical data 
produced by a Five Eyes country under any cooperative project carried 
out by the Working Group shall be controlled by that country under the 
export control laws and regulations of that country and shall not be 
subject to the jurisdiction or control of any other Five Eyes country.
    (f) Plan and Reports.--
            (1) Plan.--
                    (A) Submission.--Not later than 60 days after the 
                date of the enactment of this Act, the Secretary of 
                Defense, in coordination with the Director of National 
                Intelligence, shall submit to the appropriate 
                congressional committees a plan for the establishment 
                and activities of the Working Group.
                    (B) Elements.--The plan under subparagraph (A) 
                shall include--
                            (i) a plan for the establishment of the 
                        Working Group, including for efforts to engage 
                        with the members of the Five Eyes Intelligence 
                        Oversight and Review Council with respect to 
                        such establishment;
                            (ii) a description of any funding 
                        requirements or administrative support 
                        necessary to carry out this section;
                            (iii) a description of any additional 
                        statutory authorities necessary to carry out 
                        this section;
                            (iv) a plan for the fulfilment of 
                        responsibilities under subsection (c) by the 
                        Working Group;
                            (v) an evaluation of existing joint efforts 
                        by the Five Eyes countries to fulfill similar 
                        responsibilities;
                            (vi) a plan for the integration of the 
                        artificial intelligence initiative developed 
                        and coordinated by the Working Group with other 
                        programs and initiatives of the elements of the 
                        Department of Defense or the Office of Director 
                        of National Intelligence with responsibilities 
                        relating to mutual security and artificial 
                        intelligence efforts among the Five Eyes 
                        countries;
                            (vii) performance indicators by which the 
                        activities of the Working Group will be 
                        assessed; and
                            (viii) a description of how efforts of the 
                        commanders of the combatant commands relating 
                        to military interoperability and test and 
                        evaluation of artificial intelligence systems 
                        will be tasked and executed by and through the 
                        Working Group.
            (2) Biannual report.--Not later than 180 days after the 
        date of the enactment of this Act, and on a semiannual basis 
        thereafter until the date of termination under subsection (f), 
        the Secretary of Defense shall submit to the appropriate 
        congressional committees a report on the activities and 
        milestones of the Working Group. Each such report shall 
        include, with respect to the period covered by the report--
                    (A) an assessment of the activities of the Working 
                Group based on the performance indicators set forth in 
                the plan under paragraph (1)(B)(vii); and
                    (B) a description of any efforts of the commanders 
                of the combatant commands taken in support of the 
                responsibilities of the Working Group.
    (g) Termination.--
            (1) In general.--Except as provided in paragraph (2), the 
        Working Group shall terminate on September 30, 2028.
            (2) Authority to extend.--The Secretary of Defense may 
        extend the termination date under paragraph (1) if the 
        Secretary determines such extension to be in the national 
        security interests of the United States.
    (h) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees, as such 
                term is defined in section 101 of title 10, United 
                States Code; and
                    (B) the congressional intelligence committees, as 
                such term is defined in section 3 of the National 
                Security Act of 1947 (50 U.S.C. 3003).
            (2) The term ``battlespace awareness'' has the meaning 
        given that term in the Joint Publication 1-02 of the Department 
        of Defense, titled ``Department of Defense Dictionary of 
        Military and Associated Terms'', or successor publication.
            (3) The term ``covered operational use'' means use by a 
        government for operations in a defense or intelligence context.
            (4) The term ``Five Eyes countries'' means the following:
                    (A) Australia.
                    (B) Canada.
                    (C) New Zealand.
                    (D) The United Kingdom.
                    (E) The United States.
            (5) The term ``Five Eyes Intelligence Oversight and Review 
        Council'' means the council established pursuant to the 
        agreement entered into between the Inspector General of the 
        Intelligence Community of the United States and the relevant 
        foreign counterparts of the governments of the Five Eyes 
        countries, titled ``Charter of the Five Eyes Intelligence 
        Oversight and Review Council'', done on October 2, 2017.
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