,,ii #aagth ,,congress #ast ,session ,s4 #agje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ai1 #bjba,mr4 ,heinrich 7for himself and ,mr4 ,portman7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to establish a coordinated ,federal initiative to accelerate the research1 development1 procurement1 fielding1 and sustainment of artificial intelligence for the economic and national security interests of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,artificial ,intelligence ,capabilities and ,transparency ,act of #bjba or the ,,aict ,act of #bjba4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,by enacting section #ajea of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb71 ,congress established the ,national ,security ,commission on ,artificial ,intelligence 7,,nscai7 to consider the methods and means necessary to advance the development of artificial intelligence1 machine learning1 and associated technologies by the ,united ,states to comprehensively address the national security and defense needs of the ,united ,states4 7#b7 ,the ,national ,security ,commission on ,artificial ,intelligence was comprised of technology and policy experts with combined expertise in their field4 7#c7 ,the ,national ,security ,commission on ,artificial ,intelligence released its final report to ,congress in ,march of #bjba4 7#d7 ,this ,act is primarily based on the consensus recommendations of the ,national ,security ,commission on ,artificial ,intelligence4 7#e7 ,the ,national ,science ,foundation 7,,nsf7 established the ,national ,artificial ,intelligence 7,,ai7 ,research ,institutes program in #bjbj to invest in long-term research into artificial intelligence4 7b7 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 artificial intelligence1 machine learning1 and associated technologies will play a critical role in the economic and national security interests of the ,united ,states and its allies2 7#b7 two additional themes for ,artificial ,intelligence ,research ,institutes should be established in the areas of artificial intelligence safety and artificial intelligence ethics2 and 7#c7 the ,director of the ,national ,science ,foundation should stand up the thematic programs described in paragraph 7#b7 as soon as practicable4 #c4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence ,the term artificial intelligence includes the following3 7,a7 ,any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight1 or that can learn from experience and improve performance when exposed to data sets4 7,b7 ,an artificial system developed in computer software1 physical hardware1 or other context that solves tasks requiring human-like perception1 cognition1 planning1 learning1 communication1 or physical action4 7,c7 ,an artificial system designed to think or act like a human1 including cognitive architectures and neural networks4 7,d7 ,a set of techniques1 including machine learning1 that is designed to approximate a cognitive task4 7,e7 ,an artificial system designed to act rationally1 including an intelligent software agent or embodied robot that achieves goals using perception1 planning1 reasoning1 learning1 communicating1 decisionmaking and acting4 7#b7 ,artificial intelligence ethics ,the term artificial intelligence ethics includes the quantitative analysis of artificial intelligence systems to address matters relating to the effects of such systems on individuals and society1 such as matters of fairness or the potential for discrimination4 7#c7 ,artificial intelligence safety ,the term artificial intelligence safety includes technical efforts to improve artificial intelligence systems in order to reduce adverse and unintentional effects of such systems4 7#d7 ,congressional defense committees ,the term congressional defense committees has the meaning given such term in section #aja7;a7 of title #aj1 ,united ,states ,code4 7#e7 ,intelligence community ,the term intelligence community has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#f7 ,united ,states person ,the term ,united ,states person does not include a member of the ,armed ,forces or an employee of the ,department of ,defense4 #d4 ,digital talent recruiting officers 7a7 ,digital talent recruiting for the ,department of ,defense 7#a7 ,designation of chief digital recruiting officer ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall designate a chief digital recruiting officer within the office of the ,under ,secretary of ,defense for ,personnel and ,readiness to oversee a digital recruiting office to carry out the responsibilities set forth in paragraph 7#b74 7#b7 ,responsibilities ,the chief digital recruiting officer designated under paragraph 7#a7 shall1 in coordination with the ,director for the ,joint ,artificial ,intelligence ,center 7,,jaic71 be responsible for-- 7,a7 identifying needs of the ,department of ,defense for specific types of digital talent2 7,b7 recruiting technologists1 in partnership with the military services and ,department components1 including by attending conferences and career fairs1 and actively recruiting on university campuses and from the private sector2 7,c7 integrating ,federal scholarship for service programs into ,department civilian recruiting2 and 7,d7 partnering with human resource teams in the military services and ,department components to use direct-hire authorities to accelerate hiring4 7#c7 ,staff and resources ,the ,secretary of ,defense shall ensure that the chief digital recruiting officer designated under paragraph 7#a7 is provided with staff and resources sufficient to maintain an office and to carry out the responsibilities set forth in paragraph 7#b74 7b7 ,digital talent recruiting for the intelligence community 7#a7 ,designation of chief digital recruiting officer ,not later than #bgj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall designate a chief digital recruiting officer to oversee a digital recruiting office to carry out the responsibilities set forth in paragraph 7#b74 7#b7 ,responsibilities ,the chief digital recruiting officer designated under paragraph 7#a7 shall be responsible for-- 7,a7 identifying needs of the intelligence community for specific types of digital talent2 7,b7 recruiting technologists1 in partnership with components of the intelligence community1 by attending conferences and career fairs1 and actively recruiting on college campuses2 7,c7 integrating ,federal scholarship for service programs into intelligence community recruiting2 7,d7 offering recruitment and referral bonuses2 and 7,e7 partnering with human resource teams in the components of the intelligence community to use direct-hire authorities to accelerate hiring4 7#c7 ,staff and resources ,the ,director of ,national ,intelligence shall ensure that the chief digital recruiting officer designated under paragraph 7#a7 is provided with staff and resources sufficient to maintain an office and to carry out the responsibilities set forth in paragraph 7#b74 7c7 ,digital talent recruiting for the ,department of ,energy 7#a7 ,chief digital recruiting officer ,not later than #bgj days after the date of the enactment of this ,act1 the ,secretary of ,energy shall designate a chief digital recruiting officer to oversee a digital recruiting office to carry out the responsibilities set forth in paragraph 7#b74 7#b7 ,responsibilities ,the chief digital recruiting officer designated under paragraph 7#a7 shall be responsible for-- 7,a7 identifying ,department of ,energy needs for specific types of digital talent2 7,b7 recruiting technologists1 in partnership with ,department programs1 by attending conferences and career fairs1 and actively recruiting on college campuses2 7,c7 integrating ,federal scholarship for service programs into civilian recruiting2 7,d7 offering recruitment and referral bonuses2 and 7,e7 partnering with human resource teams in ,department programs to use direct-hire authorities to accelerate hiring4 7#c7 ,staff and resources ,the ,secretary of ,energy shall ensure that the chief digital recruiting officer designated under paragraph 7#a7 is provided with staff and resources sufficient to maintain an office and to carry out the responsibilities set forth in paragraph 7#b74 #e4 ,department of ,defense pilot program on establishing an ,artificial ,intelligence ,development and ,prototyping ,fund 7a7 ,establishment of pilot program and ,artificial ,intelligence ,development and ,prototyping ,fund 7#a7 ,pilot program ,the ,secretary of ,defense shall establish and carry out a pilot program to assess the feasibility and advisability of establishing a fund for the purpose set forth in subsection 7b74 7#b7 ,artificial ,intelligence ,development and ,prototyping ,fund ,under the pilot program1 the ,secretary shall establish a fund to be known as the ,artificial ,intelligence ,development and ,prototyping ,fund 7in this section referred to as the ,fund74 7b7 ,purpose ,the purpose of the pilot program and the ,fund is to support operational prototyping and speed the transition of artificial intelligence-enabled applications into both service-specific and joint mission capabilities with priority on joint mission capabilities for ,combatant ,commanders4 7c7 ,management of the fund ,the ,fund shall be managed by the ,secretary1 acting through the ,joint ,artificial ,intelligence ,center1 in consultation with the ,under ,secretary of ,defense for ,research and ,engineering1 the ,joint ,staff1 and the military services4 7d7 ,use of funds for development or prototyping 7#a7 ,in general ,the ,secretary1 acting through the ,joint ,artificial ,intelligence ,center1 may transfer such amounts in the ,fund as the ,secretary considers appropriate to a military service for the purpose of carrying out a development or prototyping program selected by the ,secretary for the purpose described in subsection 7b74 7#b7 ,treatment of transferred funds ,any amount transferred under paragraph 7#a7 shall be credited to the account to which it is transferred4 7#c7 ,supplement1 not supplant ,the transfer authority provided in this subsection is in addition to any other transfer authority available to the ,secretary or the ,under ,secretary4 7e7 ,congressional notice 7#a7 ,notice required ,the ,secretary shall notify the congressional defense committees of all transfers under subsection 7d74 7#b7 ,contents ,each notice under paragraph 7#a7 shall specify the amount transferred1 the purpose of the transfer1 and the total projected cost and estimated cost to complete the program to which the funds were transferred4 7f7 ,termination ,the pilot program and the ,fund established under subsection 7a7 shall both terminate on the date that is two years after the date of the enactment of this ,act4 7g7 ,authorization of appropriations ,there are authorized to be appropriated #ej1jjj1jjj to be deposited into the ,fund and to carry out this section4 #f4 ,department of ,defense resourcing plan for digital ecosystem 7a7 ,in general ,within one year after the date of the enactment of this ,act1 the ,secretary of ,defense shall develop a plan for the development of a modern digital ecosystem that embraces state-of-the-art tools and modern processes to enable development1 testing1 fielding1 and continuous update of artificial intelligence-powered applications at speed and scale from headquarters to the tactical edge4 7b7 ,contents of plan ,at a minimum1 the plan required by subsection 7a7 shall include-- 7#a7 an open architecture and an evolving reference design and guidance for needed technical investments in the proposed ecosystem that address issues including common interfaces1 authentication1 applications1 platforms1 software1 hardware1 and data infrastructure2 7#b7 a governance structure1 together with associated policies and guidance1 to drive the implementation of the reference throughout the ,department on a federated basis2 and 7#c7 a review of relevant authorities to operate and all information technology policies that may impede progress of a digital ecosystem4 #g4 ,accredited assessment of artificial intelligence systems 7a7 ,accreditation assessment for artificial intelligence testing organizations 7#a7 ,in general ,not later than #edj days after the date of the enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall establish a program under which the ,director provides accreditation to organizations that the ,director determines competent at evaluating the potential1 direct privacy1 civil rights1 and civil liberties effects of artificial intelligence systems used by covered agencies on ,united ,states persons4 7#b7 ,list ,the ,director shall maintain a list of organizations accredited under the program established under paragraph 7#a74 7b7 ,covered agencies ,for the purposes of this section1 a covered agency is-- 7#a7 the ,department of ,defense2 7#b7 an element of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc772 or 7#c7 the ,federal ,bureau of ,investigation4 7c7 ,artificial intelligence system criteria and testing 7#a7 ,in general ,the privacy and civil liberties officers of covered agencies shall establish criteria for when an artificial intelligence system of a covered agency warrants accredited testing for privacy1 civil liberties1 and civil rights implications for individuals in the ,united ,states4 7#b7 ,adoption by agencies ,the head of a covered agency shall-- 7,a7 adopt the criteria established under paragraph 7#a72 and 7,b7 submit each artificial intelligence system of the covered agency that meets the criteria for testing established under paragraph 7#a7 to an organization accredited under the program established under subsection 7a77#a7 for evaluation in accordance with subsection 7e74 7d7 ,testing 7#a7 ,in general ,the head of a covered agency shall submit an artificial intelligence system that meets the criteria for testing established under subsection 7c77#a7 to an organization for an assessment of the performance of the artificial intelligence system according to the risk management framework developed under section #bb;,a7c7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;h-#a7;c77-- 7,a7 before procuring1 fielding1 or using the artificial intelligence system2 and 7,b7 after the artificial intelligence system passes an evaluation performed by an organization under subsection 7e74 7e7 ,scope of testing ,each organization accredited under the program established under subsection 7a77#a7 shall1 in evaluating an artificial intelligence system of a covered agency and as a condition on maintenance of such accreditation-- 7#a7 utilize metrics relevant to the mission and authorities of the covered agency2 7#b7 develop approaches to test-- 7,a7 a software product used in an artificial intelligence system1 as installed in a test facility2 and 7,b7 cloud-based services relevant to the artificial intelligence system2 7#c7 engage in binding agreements that enable the covered agency and other stakeholders to share confidential and proprietary data with the organization2 and 7#d7 collaborate with the covered agency to reach consensus on appropriate protocols and approaches for handling data1 test results1 and analyses4 7f7 ,annual reports ,once the ,director of the ,national ,institute of ,standards and ,technology establishes the program required by subsection 7a77#a71 each privacy and civil liberties officer of a covered agency shall1 not less frequently than once each year1 submit to ,congress a report on the results of the testing on artificial intelligence systems of the covered agency under this section to ensure ,congress understands the potential1 direct privacy1 civil rights1 and civil liberties effects of such artificial intelligence systems4