AICT Act of 2021
Bill: S.1705 | Sponsor: Sen. Heinrich, Martin (D-NM)
Policy area: Armed Forces and National Security

Summary:
Artificial Intelligence Capabilities and Transparency Act of 2021 or the AICT Act of 2021
This bill addresses artificial intelligence capabilities related to national defense and security.
The bill requires the Department of Defense (DOD) to 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. The office must be responsible for (1) identifying DOD needs for specific types of digital talent, (2) recruiting technologists, (3) integrating federal scholarship for service programs into DOD civilian recruiting, and (4) partnering with human resource teams in the military services and DOD components to use direct-hire authorities to accelerate hiring. The Office of the Director of National Intelligence and the Department of Energy must also designate chief digital recruiting officers to be responsible for the same objectives in those departments.
DOD must carry out a pilot program to assess the feasibility and advisability of establishing the Artificial Intelligence Development and Prototyping Fund.
DOD must plan for the development of a modern digital ecosystem to enable development, testing, fielding, and continuous update of artificial intelligence-powered applications at speed and scale from headquarters to the tactical edge.
The National Institute of Standards and Technology within the Department of Commerce must establish a program to provide accreditation to organizations that are determined to be competent at evaluating the specified effects of artificial intelligence systems used by persons in DOD, an element of the intelligence community, or the Federal Bureau of Investigation.

To establish a coordinated Federal initiative to accelerate the 
   research, development, procurement, fielding, and sustainment of 
    artificial intelligence for the economic and national security 
        interests of the United States, 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 ``Artificial Intelligence Capabilities 
and Transparency Act of 2021'' or the ``AICT Act of 2021''.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) By enacting section 1051 of the John S. McCain National 
        Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
        232), Congress established the National Security Commission on 
        Artificial Intelligence (NSCAI) to ``consider the methods and 
        means necessary to advance the development of artificial 
        intelligence, machine learning, and associated technologies by 
        the United States to comprehensively address the national 
        security and defense needs of the United States''.
            (2) The National Security Commission on Artificial 
        Intelligence was comprised of technology and policy experts 
        with combined expertise in their field.
            (3) The National Security Commission on Artificial 
        Intelligence released its final report to Congress in March of 
        2021.
            (4) This Act is primarily based on the consensus 
        recommendations of the National Security Commission on 
        Artificial Intelligence.
            (5) The National Science Foundation (NSF) established the 
        National Artificial Intelligence (AI) Research Institutes 
        program in 2020 to invest in long-term research into artificial 
        intelligence.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) artificial intelligence, machine learning, and 
        associated technologies will play a critical role in the 
        economic and national security interests of the United States 
        and its allies;
            (2) two additional themes for Artificial Intelligence 
        Research Institutes should be established in the areas of 
        artificial intelligence safety and artificial intelligence 
        ethics; and
            (3) the Director of the National Science Foundation should 
        stand up the thematic programs described in paragraph (2) as 
        soon as practicable.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Artificial intelligence.--The term ``artificial 
        intelligence'' includes the following:
                    (A) Any artificial system that performs tasks under 
                varying and unpredictable circumstances without 
                significant human oversight, or that can learn from 
                experience and improve performance when exposed to data 
                sets.
                    (B) An artificial system developed in computer 
                software, physical hardware, or other context that 
                solves tasks requiring human-like perception, 
                cognition, planning, learning, communication, or 
                physical action.
                    (C) An artificial system designed to think or act 
                like a human, including cognitive architectures and 
                neural networks.
                    (D) A set of techniques, including machine 
                learning, that is designed to approximate a cognitive 
                task.
                    (E) An artificial system designed to act 
                rationally, including an intelligent software agent or 
                embodied robot that achieves goals using perception, 
                planning, reasoning, learning, communicating, 
                decisionmaking and acting.
            (2) 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 society, such as 
        matters of fairness or the potential for discrimination.
            (3) 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 systems.
            (4) Congressional defense committees.--The term 
        ``congressional defense committees'' has the meaning given such 
        term in section 101(a) of title 10, United States Code.
            (5) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (6) United states person.--The term ``United States 
        person'' does not include a member of the Armed Forces or an 
        employee of the Department of Defense.

SEC. 4. DIGITAL TALENT RECRUITING OFFICERS.

    (a) Digital Talent Recruiting for the Department of Defense.--
            (1) Designation of chief digital recruiting officer.--Not 
        later than 270 days after the date of the enactment of this 
        Act, 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 (2).
            (2) Responsibilities.--The chief digital recruiting officer 
        designated under paragraph (1) shall, in coordination with the 
        Director for the Joint Artificial Intelligence Center (JAIC), 
        be responsible for--
                    (A) identifying needs of the Department of Defense 
                for specific types of digital talent;
                    (B) recruiting technologists, in partnership with 
                the military services and Department components, 
                including by attending conferences and career fairs, 
                and actively recruiting on university campuses and from 
                the private sector;
                    (C) integrating Federal scholarship for service 
                programs into Department civilian recruiting; and
                    (D) partnering with human resource teams in the 
                military services and Department components to use 
                direct-hire authorities to accelerate hiring.
            (3) Staff and resources.--The Secretary of Defense shall 
        ensure that the chief digital recruiting officer designated 
        under paragraph (1) is provided with staff and resources 
        sufficient to maintain an office and to carry out the 
        responsibilities set forth in paragraph (2).
    (b) Digital Talent Recruiting for the Intelligence Community.--
            (1) Designation of chief digital recruiting officer.--Not 
        later than 270 days after the date of the enactment of this 
        Act, 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 (2).
            (2) Responsibilities.--The chief digital recruiting officer 
        designated under paragraph (1) shall be responsible for--
                    (A) identifying needs of the intelligence community 
                for specific types of digital talent;
                    (B) recruiting technologists, in partnership with 
                components of the intelligence community, by attending 
                conferences and career fairs, and actively recruiting 
                on college campuses;
                    (C) integrating Federal scholarship for service 
                programs into intelligence community recruiting;
                    (D) offering recruitment and referral bonuses; and
                    (E) partnering with human resource teams in the 
                components of the intelligence community to use direct-
                hire authorities to accelerate hiring.
            (3) Staff and resources.--The Director of National 
        Intelligence shall ensure that the chief digital recruiting 
        officer designated under paragraph (1) is provided with staff 
        and resources sufficient to maintain an office and to carry out 
        the responsibilities set forth in paragraph (2).
    (c) Digital Talent Recruiting for the Department of Energy.--
            (1) Chief digital recruiting officer.--Not later than 270 
        days after the date of the enactment of this Act, 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 (2).
            (2) Responsibilities.--The chief digital recruiting officer 
        designated under paragraph (1) shall be responsible for--
                    (A) identifying Department of Energy needs for 
                specific types of digital talent;
                    (B) recruiting technologists, in partnership with 
                Department programs, by attending conferences and 
                career fairs, and actively recruiting on college 
                campuses;
                    (C) integrating Federal scholarship for service 
                programs into civilian recruiting;
                    (D) offering recruitment and referral bonuses; and
                    (E) partnering with human resource teams in 
                Department programs to use direct-hire authorities to 
                accelerate hiring.
            (3) Staff and resources.--The Secretary of Energy shall 
        ensure that the chief digital recruiting officer designated 
        under paragraph (1) is provided with staff and resources 
        sufficient to maintain an office and to carry out the 
        responsibilities set forth in paragraph (2).

SEC. 5. DEPARTMENT OF DEFENSE PILOT PROGRAM ON ESTABLISHING AN 
              ARTIFICIAL INTELLIGENCE DEVELOPMENT AND PROTOTYPING FUND.

    (a) Establishment of Pilot Program and Artificial Intelligence 
Development and Prototyping Fund.--
            (1) 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 (b).
            (2) Artificial intelligence development and prototyping 
        fund.--Under the pilot program, the Secretary shall establish a 
        fund to be known as the ``Artificial Intelligence Development 
        and Prototyping Fund'' (in this section referred to as the 
        ``Fund'').
    (b) 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 Commanders.
    (c) Management of the Fund.--The Fund shall be managed by the 
Secretary, acting through the Joint Artificial Intelligence Center, in 
consultation with the Under Secretary of Defense for Research and 
Engineering, the Joint Staff, and the military services.
    (d) Use of Funds for Development or Prototyping.--
            (1) In general.--The Secretary, acting through the Joint 
        Artificial Intelligence Center, 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 (b).
            (2) Treatment of transferred funds.--Any amount transferred 
        under paragraph (1) shall be credited to the account to which 
        it is transferred.
            (3) Supplement, not supplant.--The transfer authority 
        provided in this subsection is in addition to any other 
        transfer authority available to the Secretary or the Under 
        Secretary.
    (e) Congressional Notice.--
            (1) Notice required.--The Secretary shall notify the 
        congressional defense committees of all transfers under 
        subsection (d).
            (2) Contents.--Each notice under paragraph (1) shall 
        specify the amount transferred, the purpose of the transfer, 
        and the total projected cost and estimated cost to complete the 
        program to which the funds were transferred.
    (f) Termination.--The pilot program and the Fund established under 
subsection (a) shall both terminate on the date that is two years after 
the date of the enactment of this Act.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to be deposited into the Fund and to carry out 
this section.

SEC. 6. DEPARTMENT OF DEFENSE RESOURCING PLAN FOR DIGITAL ECOSYSTEM.

    (a) In General.--Within one year after the date of the enactment of 
this Act, 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 development, testing, 
fielding, and continuous update of artificial intelligence-powered 
applications at speed and scale from headquarters to the tactical edge.
    (b) Contents of Plan.--At a minimum, the plan required by 
subsection (a) shall include--
            (1) an open architecture and an evolving reference design 
        and guidance for needed technical investments in the proposed 
        ecosystem that address issues including common interfaces, 
        authentication, applications, platforms, software, hardware, 
        and data infrastructure;
            (2) a governance structure, together with associated 
        policies and guidance, to drive the implementation of the 
        reference throughout the Department on a federated basis; and
            (3) a review of relevant authorities to operate and all 
        information technology policies that may impede progress of a 
        digital ecosystem.

SEC. 7. ACCREDITED ASSESSMENT OF ARTIFICIAL INTELLIGENCE SYSTEMS.

    (a) Accreditation Assessment for Artificial Intelligence Testing 
Organizations.--
            (1) In general.--Not later than 540 days after the date of 
        the enactment of this Act, 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 potential, direct privacy, civil rights, and 
        civil liberties effects of artificial intelligence systems used 
        by covered agencies on United States persons.
            (2) List.--The Director shall maintain a list of 
        organizations accredited under the program established under 
        paragraph (1).
    (b) Covered Agencies.--For the purposes of this section, a covered 
agency is--
            (1) the Department of Defense;
            (2) an element of the intelligence community (as defined in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003)); or
            (3) the Federal Bureau of Investigation.
    (c) Artificial Intelligence System Criteria and Testing.--
            (1) 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 privacy, civil liberties, and civil 
        rights implications for individuals in the United States.
            (2) Adoption by agencies.--The head of a covered agency 
        shall--
                    (A) adopt the criteria established under paragraph 
                (1); and
                    (B) submit each artificial intelligence system of 
                the covered agency that meets the criteria for testing 
                established under paragraph (1) to an organization 
                accredited under the program established under 
                subsection (a)(1) for evaluation in accordance with 
                subsection (e).
    (d) Testing.--
            (1) In general.--The head of a covered agency shall submit 
        an artificial intelligence system that meets the criteria for 
        testing established under subsection (c)(1) to an organization 
        for an assessment of the performance of the artificial 
        intelligence system according to the risk management framework 
        developed under section 22A(c) of the National Institute of 
        Standards and Technology Act (15 U.S.C. 278h-1(c))--
                    (A) before procuring, fielding, or using the 
                artificial intelligence system; and
                    (B) after the artificial intelligence system passes 
                an evaluation performed by an organization under 
                subsection (e).
    (e) Scope of Testing.--Each organization accredited under the 
program established under subsection (a)(1) shall, in evaluating an 
artificial intelligence system of a covered agency and as a condition 
on maintenance of such accreditation--
            (1) utilize metrics relevant to the mission and authorities 
        of the covered agency;
            (2) develop approaches to test--
                    (A) a software product used in an artificial 
                intelligence system, as installed in a test facility; 
                and
                    (B) cloud-based services relevant to the artificial 
                intelligence system;
            (3) engage in binding agreements that enable the covered 
        agency and other stakeholders to share confidential and 
        proprietary data with the organization; and
            (4) collaborate with the covered agency to reach consensus 
        on appropriate protocols and approaches for handling data, test 
        results, and analyses.
    (f) Annual Reports.--Once the Director of the National Institute of 
Standards and Technology establishes the program required by subsection 
(a)(1), each privacy and civil liberties officer of a covered agency 
shall, not less frequently than once each year, 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 potential, direct privacy, civil rights, and civil liberties 
effects of such artificial intelligence systems.
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