[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2806 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 2806

      To establish the National Security Commission on Artificial 
                 Intelligence, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2018

Mrs. Ernst (for herself and Ms. Cortez Masto) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      To establish the National Security Commission on Artificial 
                 Intelligence, 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 ``National Security Commission on 
Artificial Intelligence Act of 2018''.

SEC. 2. NATIONAL SECURITY COMMISSION ON ARTIFICIAL INTELLIGENCE.

    (a) Definitions.--In this section:
            (1) Artificial intelligence.--The term ``artificial 
        intelligence'' includes each of 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, decision 
                making, and acting.
            (2) Commission.--The term ``Commission'' means the National 
        Security Commission on Artificial Intelligence established 
        under subsection (b)(1).
    (b) Establishment.--
            (1) In general.--There is established in the executive 
        branch an independent commission to review advances in 
        artificial intelligence, related machine learning developments, 
        and associated technologies.
            (2) Treatment.--The Commission shall be considered an 
        independent establishment (as defined in section 104 of title 
        5, United States Code) and a temporary organization (as defined 
        in section 3161(a) of such title).
            (3) Designation.--The commission established under 
        paragraph (1) shall be known as the ``National Security 
        Commission on Artificial Intelligence''.
            (4) Membership.--
                    (A) Composition.--The Commission shall be composed 
                of 15 members appointed as follows:
                            (i) The Secretary of Commerce shall appoint 
                        1 member.
                            (ii) The Secretary of Defense shall appoint 
                        2 members.
                            (iii) The Chairman of the Committee on 
                        Commerce, Science, and Transportation of the 
                        Senate shall appoint 1 member.
                            (iv) The Ranking Member of the Committee on 
                        Commerce, Science, and Transportation of the 
                        Senate shall appoint 1 member.
                            (v) The Chairman of the Committee on Energy 
                        and Commerce of the House of Representatives 
                        shall appoint 1 member.
                            (vi) The Ranking Member of the Committee on 
                        Energy and Commerce of the House of 
                        Representatives shall appoint 1 member.
                            (vii) The Chairman of the Committee on 
                        Armed Services of the Senate shall appoint 1 
                        member.
                            (viii) The ranking minority member of the 
                        Committee on Armed Services of the Senate shall 
                        appoint 1 member.
                            (ix) The Chairman of the Committee on Armed 
                        Services of the House of Representatives shall 
                        appoint 1 member.
                            (x) The ranking minority member of the 
                        Committee on Armed Services of the House of 
                        Representatives shall appoint 1 member.
                            (xi) The Chairman of the Select Committee 
                        on Intelligence of the Senate shall appoint 1 
                        member.
                            (xii) The Vice Chairman of the Select 
                        Committee on Intelligence of the Senate shall 
                        appoint 1 member.
                            (xiii) The Chairman of the Permanent Select 
                        Committee on Intelligence of the House of 
                        Representatives shall appoint 1 member.
                            (xiv) The ranking member of the Permanent 
                        Select Committee on Intelligence of the House 
                        of representatives shall appoint 1 member.
                    (B) Deadline for appointment.--Members shall be 
                appointed to the Commission under paragraph (1) not 
                later than 90 days after the date of the enactment of 
                this Act.
                    (C) Effect of lack of appointment by appointment 
                date.--If one or more appointments under paragraph (1) 
                is not made by the date specified in paragraph (2), the 
                authority to make such appointment or appointments 
                shall expire, and the number of members of the 
                Commission shall be reduced by the number equal to the 
                number of appointments so not made.
            (5) Chair and vice chair.--The Commission shall elect a 
        Chair and Vice Chair from among its members, one of whom shall 
        be a national security practitioner or academic and one of whom 
        shall be an economist or expert in the United States economy.
            (6) Terms.--Members shall be appointed for the life of the 
        Commission. A vacancy in the Commission shall not affect its 
        powers and shall be filled in the same manner as the original 
        appointment was made.
            (7) Status as federal employees.--Notwithstanding the 
        requirements of section 2105 of title 5, United States Code, 
        including the required supervision under subsection (a)(3) of 
        such section, the members of the Commission shall be deemed to 
        be Federal employees.
    (c) Duties.--
            (1) In general.--The Commission shall carry out the review 
        described in subsection (b)(1). In carrying out such review, 
        the Commission shall 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 and economic security 
        needs of the United States, including economic risk, and any 
        other associated issues.
            (2) Scope of the review.--In conducting the review under 
        paragraph (1), the Commission shall consider the following:
                    (A) The competitiveness of the United States in 
                artificial intelligence, machine learning, and other 
                associated technologies, including matters relating to 
                national security, economic security, public-private 
                partnerships, and investments.
                    (B) Means and methods for the United States to 
                maintain a technological advantage in artificial 
                intelligence, machine learning, and other associated 
                technologies, including quantum computing and high 
                performance computing.
                    (C) Developments and trends in international 
                cooperation and competitiveness, including foreign 
                investments in artificial intelligence, machine 
                learning, and computer science fields.
                    (D) Means by which to foster greater emphasis and 
                investments in basic and advanced research to stimulate 
                private, public, academic, and combined initiatives in 
                artificial intelligence, machine learning, and other 
                associated technologies, including quantum computing 
                and high performance computing.
                    (E) Education effects and incentives to attract and 
                recruit leading talent in artificial intelligence and 
                machine learning, including science, technology, 
                engineering, and math programs.
                    (F) Workforce effects, displacement of workers, and 
                the role of government or industry in retraining 
                displaced workers.
                    (G) Risks associated with United States and foreign 
                country and non-state actors advances in military 
                employment of artificial intelligence and machine 
                learning, or acquisition of the same, including under 
                the international law of armed conflict, international 
                humanitarian law, and escalation dynamics.
                    (H) Associated ethical considerations related to 
                artificial intelligence and machine learning as it will 
                be used for future applications.
                    (I) Means to establish data standards and provide 
                incentives for the sharing of open training data within 
                related data-driven industries.
                    (J) The opportunities or vulnerabilities of 
                intellectual property theft, copyright infringement 
                concerns and risk associated with outside influences, 
                whether friendly or adversarial.
                    (K) The potential legal use by law enforcement to 
                address technological barriers to bringing criminals to 
                justice or aiding in broader criminal investigations.
                    (L) Development of privacy- and security-protecting 
                measures for data, and broader cyber security 
                protections, in artificial intelligence, machine 
                learning, and associated technologies.
                    (M) Consideration of the evolution of artificial 
                intelligence and appropriate mechanisms for managing 
                such technology.
                    (N) Such other matters as the Commission considers 
                relevant to the common defense or economic security of 
                the United States.
    (d) Reports.--
            (1) Initial report.--Not later than 180 days after the date 
        of the enactment of this Act, the Commission shall submit to 
        the President and Congress an initial report on the findings of 
        the Commission and such recommendations that the Commission may 
        have for action by the executive branch and Congress related to 
        artificial intelligence and machine learning and associated 
        technologies, including recommendations to more effectively 
        organize the Federal Government.
            (2) Annual comprehensive reports.--Not later than one year 
        after the date of this enactment of this Act and not less 
        frequently than once each year thereafter until the date 
        specified in subsection (f), the Commission shall submit to the 
        President and to Congress a comprehensive report on the review 
        required under subsection (c).
            (3) Form of reports.--Reports submitted under this 
        subsection shall be made publically available, but may include 
        a classified annex.
            (4) Dissenting opinions.--Reports submitted under this 
        subsection shall provide the opportunity for dissenting 
        opinions from within the Commission, provided for within the 
        appendices of the public report, and in the classified annexes 
        as appropriate.
    (e) Funding.--Of the amounts authorized to be appropriated for 
fiscal year 2019 for the Department of Defense, not more than 
$10,000,000 shall be made available to the Commission to carry out its 
duties under this section. Funds made available to the Commission under 
the preceding sentence shall remain available until expended.
    (f) Termination.--The Commission shall terminate on October 1, 
2020.
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