FY2026 NDAA, Section 245 ("Biological data for artificial intelligence")

Requires the Secretary of Defense to develop and implement requirements for storing biological data from Department of Defense-funded research to facilitate the use of such data for advanced computational methods, including AI, within one year of the act's enactment. Defines "qualified biological data resource" using criteria such as data type, dataset size, federal funding amount, data sensitivity, and other factors deemed appropriate by the Secretary of Defense. Imposes tiered cybersecurity safeguards and access controls for data storage. Establishes exceptions for national security and requirements for individual privacy protection. Consults with military and research officials, as well as private and academic stakeholders, to prevent overly burdensome requirements. Incorporates existing federal frameworks and standards as appropriate.

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FY2026 NDAA, Section 245 ("Biological data for artificial intelligence")

ETO AGORA · NDAA provisions · 2025

Summary

Requires the Secretary of Defense to develop and implement requirements for storing biological data from Department of Defense-funded research to facilitate the use of such data for advanced computational methods, including AI, within one year of the act's enactment.

Defines "qualified biological data resource" using criteria such as data type, dataset size, federal funding amount, data sensitivity, and other factors deemed appropriate by the Secretary of Defense.

Imposes tiered cybersecurity safeguards and access controls for data storage.

Establishes exceptions for national security and requirements for individual privacy protection.

Consults with military and research officials, as well as private and academic stakeholders, to prevent overly burdensome requirements.

Incorporates existing federal frameworks and standards as appropriate.

Requires the Department of Defense, within one year of enactment, to establish rules ensuring that biological data produced by DoD-funded research is collected and stored in a manner that facilitates the use by advanced computational methods, including AI.

SEC. 245. BIOLOGICAL DATA FOR ARTIFICIAL INTELLIGENCE. (a) AI Accessibility to Qualified Biological Data Resources.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop and implement requirements that ensure qualified biological data resources created by research entirely funded by the Department of Defense are collected and stored in a manner that facilitates the use of such qualified biological data resources for advanced computational methods, including artificial intelligence.

Defines requirements for biological data, including quality metrics, cybersecurity, privacy, and exceptions for national security.

(2) Elements.--The requirements implemented under subsection (a) shall include the following: (A) A definition of the term ``qualified biological data resource'' for the purposes of such requirements, which shall be based on one or more of the following criteria: (i) The type of biological data generated. (ii) The size of the dataset involved. (iii) The amount of Federal funds awarded to the research that created such qualified biological data resource. (iv) The level of sensitivity of the biological data generated. (v) Any other factor determined appropriate by the Secretary of Defense. (B) Guidance on the metrics and metadata included under such requirements to indicate data quality, including usability, interoperability, and completeness. (C) Requirements for tiered levels of cybersecurity safeguards and access controls for the storage of biological data. (D) Exceptions to such requirements, including for biological data that may implicate national security. (E) Requirements for the protection of the privacy of individuals.

Requires the Secretary to consult with military, private, and academic entities about the requirements and review existing Federal frameworks for the use of biological data resources for advanced computational method.

(b) Consultation and Considerations.--In developing and implementing the requirements under subsection (a), the Secretary shall-- (1) consult with the Secretaries of the military departments, the heads of the research laboratories of each of the Armed Forces, and relevant individuals and entities in the private sector and academia who have received funding for research from the Department of Defense to ensure that such requirements are not overly burdensome; and (2) review and incorporate, to the extent the Secretary determines appropriate, existing Federal frameworks and standards for the use of qualified biological data resources for advanced computational methods.

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