[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3965 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3965

    To accelerate the application of artificial intelligence in the 
Department of Defense and to strengthen the workforce that pertains to 
            artificial intelligence, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2020

  Mr. Heinrich (for himself and Mr. Portman) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
    To accelerate the application of artificial intelligence in the 
Department of Defense and to strengthen the workforce that pertains to 
            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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Artificial 
Intelligence for the Armed Forces Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--DEPARTMENT OF DEFENSE ARTIFICIAL INTELLIGENCE LEADERSHIP

Sec. 101. Organizational placement of Director of the Joint Artificial 
                            Intelligence Center.
Sec. 102. Grade of Director of the Joint Artificial Intelligence 
                            Center.
     TITLE II--STRENGTHENING THE DEPARTMENT OF DEFENSE ARTIFICIAL 
                         INTELLIGENCE WORKFORCE

Sec. 201. Increasing human resource team literacy in artificial 
                            intelligence.
Sec. 202. Guidance and direction on use of direct hiring processes for 
                            artificial intelligence professionals and 
                            other data science and software development 
                            personnel.
Sec. 203. Waiver of qualification standards for General Schedule 
                            positions in artificial intelligence.
Sec. 204. Modifying the Armed Services Vocational Aptitude Battery Test 
                            to address computational thinking.

   TITLE I--DEPARTMENT OF DEFENSE ARTIFICIAL INTELLIGENCE LEADERSHIP

SEC. 101. ORGANIZATIONAL PLACEMENT OF DIRECTOR OF THE JOINT ARTIFICIAL 
              INTELLIGENCE CENTER.

    (a) Authority.--
            (1) In general.--The Secretary of Defense shall exercise 
        authority and direction over the Joint Artificial Intelligence 
        Center.
            (2) Limitation on delegation.--The authority of the 
        Secretary under this section may not be delegated below the 
        level of the Deputy Secretary of Defense.
    (b) Direct Reporting to Secretary of Defense.--The Director of the 
Joint Artificial Intelligence Center shall report directly to the 
Secretary or the Deputy Secretary on matters relating to artificial 
intelligence policy, priorities, practices, and resourcing.

SEC. 102. GRADE OF DIRECTOR OF THE JOINT ARTIFICIAL INTELLIGENCE 
              CENTER.

    An officer appointed to serve as Director of the Joint Artificial 
Intelligence Center shall, while so serving, have the grade of 
lieutenant general in the Army, Air Force, or Marine Corps or vice 
admiral in the Navy.

     TITLE II--STRENGTHENING THE DEPARTMENT OF DEFENSE ARTIFICIAL 
                         INTELLIGENCE WORKFORCE

SEC. 201. INCREASING HUMAN RESOURCE TEAM LITERACY IN ARTIFICIAL 
              INTELLIGENCE.

    (a) Department of Defense.--
            (1) Training and certification program required.--Not later 
        than one year after the date of the enactment of this Act, the 
        Secretary of Defense shall develop a training and certification 
        program on software development, data science, and artificial 
        intelligence that is tailored to the needs of the covered human 
        resources workforce.
            (2) Requirements.--The course required by paragraph (1) 
        shall--
                    (A) provide a generalist's introduction to software 
                development and business processes, data management 
                practices relating to machine learning, deep learning, 
                artificial intelligence, and artificial intelligence 
                workforce roles; and
                    (B) address hiring options and processes available 
                for software developers, data scientists, and 
                artificial intelligence professionals, including direct 
                hiring authorities, excepted service authorities, the 
                Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 
                et seq.), and authorities for hiring special government 
                employees and highly qualified experts.
            (3) Objective.--It shall be the objective of the Department 
        of Defense to provide the training course developed pursuant to 
        paragraph (1) to the covered human resources workforce in such 
        a manner that--
                    (A) in the first year, 20 percent of the workforce 
                is certified as having successfully completed the 
                course; and
                    (B) in each year thereafter, an additional 10 
                percent of the workforce is certified, until the 
                Department achieves and maintains a status in which 80 
                percent of the covered human resources workforce is so 
                certified.
    (b) Other National Security Agencies.--The Secretary of Defense 
shall work with the Attorney General, the Secretary of Homeland 
Security, the Director of National Intelligence, or the head of any 
element of the intelligence community to offer the training and 
certification program developed pursuant to subsection (a) to employees 
of other national security agencies and to encourage the heads of such 
agencies to achieve a level of certification comparable to the 
objectives established for the Department of Defense.
    (c) Definitions.--In this section:
            (1) The term ``covered human resources workforce'' means 
        human resources professionals, hiring managers, and recruiters 
        who are or will be responsible for hiring software developers, 
        data scientists, or artificial intelligence professionals.
            (2) 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).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Defense to carry out subsection (a) 
$2,500,000 for fiscal year 2021.

SEC. 202. GUIDANCE AND DIRECTION ON USE OF DIRECT HIRING PROCESSES FOR 
              ARTIFICIAL INTELLIGENCE PROFESSIONALS AND OTHER DATA 
              SCIENCE AND SOFTWARE DEVELOPMENT PERSONNEL.

    (a) Guidance Required.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall issue 
guidance to the secretaries of the military departments and the heads 
of the defense components on improved use of the direct hiring 
processes for artificial intelligence professionals and other data 
science and software development personnel.
    (b) Objective.--The objective of the guidance required by 
subsection (a) shall be to ensure that organizational leaders assume 
greater responsibility for the results of civilian hiring of artificial 
intelligence professionals and other data science and software 
development personnel.
    (c) Contents of Guidance.--At a minimum, the guidance required by 
subsection (a) shall--
            (1) instruct human resources professionals and hiring 
        authorities to utilize direct hiring authorities (including 
        excepted service authorities) for the hiring of artificial 
        intelligence professionals and other data science and software 
        development personnel, to the maximum extent practicable;
            (2) instruct hiring authorities, when using direct hiring 
        authorities, to prioritize utilization of panels of subject 
        matter experts over human resources professionals to assess 
        applicant qualifications and determine which applicants are 
        best qualified for a position;
            (3) authorize and encourage the use of ePortfolio reviews 
        to provide insight into the previous work of applicants as a 
        tangible demonstration of capabilities and contribute to the 
        assessment of applicant qualifications by subject matter 
        experts;
            (4) authorize the secretaries of the military departments 
        and the heads of the defense components to waive qualification 
        standards for General Schedule positions established by the 
        Office of Personnel Management that would unnecessarily 
        restrict the judgment of the subject matter experts as to the 
        best qualified applicants, to the extent permitted by law; and
            (5) authorize and encourage the use of referral bonuses for 
        recruitment and hiring of highly qualified artificial 
        intelligence professionals and other data science and software 
        development personnel in accordance with volume 451 of 
        Department of Defense Instruction 1400.25, or successor 
        instruction.
    (d) Report.--
            (1) In general.--Not later than one year after the date on 
        which the guidance is issued under subsection (a), the 
        Secretary shall submit to the congressional defense committees 
        a report on the guidance issued pursuant to subsection (a).
            (2) Contents.--At a minimum, the report submitted under 
        paragraph (1) shall address--
                    (A) the objectives of the guidance and the manner 
                in which the guidance seeks to achieve those 
                objectives; and
                    (B) the effect of the guidance on the hiring 
                process for artificial intelligence professionals and 
                other data science and software development personnel, 
                including the effect on--
                            (i) hiring time;
                            (ii) the use of direct hiring authority;
                            (iii) the use of subject matter experts; 
                        and
                            (iv) the quality of new hires, as assessed 
                        by hiring managers and organizational leaders.

SEC. 203. WAIVER OF QUALIFICATION STANDARDS FOR GENERAL SCHEDULE 
              POSITIONS IN ARTIFICIAL INTELLIGENCE.

    (a) Department of Defense.--Notwithstanding any other provision of 
law, an officer with a grade of major general or greater in the Army, 
Air Force, or Marine Corps or rear admiral or greater in the Navy and a 
civilian employed by the Department of Defense in a position of 
equivalent authority may waive any General Schedule qualification 
standard established by the Director of the Office of Personnel 
Management in the case of any applicant for a position in artificial 
intelligence in the Department of Defense who is determined by a hiring 
manager, in consultation with subject matter experts, to be the best 
qualified candidate for the position.
    (b) Other National Security Agencies.--
            (1) In general.--The Director of the Office of Personnel 
        Management shall establish a process by which the Attorney 
        General, the Secretary of Homeland Security, the Secretary of 
        State, the Secretary of Commerce, the Director of National 
        Intelligence, and the head of any element of the intelligence 
        community (as defined in section 3 of the National Security Act 
        of 1947 (50 U.S.C. 3003)) may request an exception to any 
        General Schedule qualification standard in any case in which 
        the agency head determines that national security needs would 
        best be met by hiring managers making an independent judgment 
        about qualifications and pay grades for a position in 
        artificial intelligence with the advice of subject matter 
        experts.
            (2) Scope.--The process required by paragraph (1) shall 
        provide for requests to be made for individual billets, for 
        position descriptions, or for categories of individual billets 
        or position descriptions at the discretion of the agency head.
            (3) Limitation.--The authority under this subsection may be 
        used for the hiring of not more than 100 individuals.

SEC. 204. MODIFYING THE ARMED SERVICES VOCATIONAL APTITUDE BATTERY TEST 
              TO ADDRESS COMPUTATIONAL THINKING.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall modify the Armed 
Services Vocational Aptitude Battery test to add a new subtest 
addressing computational thinking skills relevant to military 
applications, including problem decomposition, abstraction, pattern 
recognition, analytical ability, the identification of variables 
involved in data representation, and the ability to create algorithms 
and solution expressions.
    (b) Use.--The Secretary shall use the results of the subtest added 
under subsection (a) in the same manner as the results of existing 
subtests to place personnel in career fields and to identify candidates 
for further training.
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