National Security Commission on Artificial Intelligence. Final Report

DRAFT LEGISLATIVE LANGUAGE

(5) As necessary, update critical infrastructure designations and require

relevant departments and agencies to update sector-specific plans to reflect

emerging technologies; and

(6) Establish organizational structures for U.S. national security agencies

to counter and compete against the threat.

CHAPTER 2: FOUNDATIONS OF FUTURE DEFENSE

Blueprint for Action

Recommendation: Drive Change through Top-Down Leadership.

In the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022, establish a

Steering Committee on Emerging Technology and National Security Threats and designate

that it be tri-chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint

Chiefs of Staff, and the Principal Deputy Director of National Intelligence.

SEC. ___.—ROLE OF INTELLIGENCE COMMUNITY IN STEERING COMMITTEE ON

EMERGING TECHNOLOGY.—

Section 236 of the William M. (Mac) Thornberry National Defense Authorization Act

for Fiscal Year 2021, is amended—

(1) in subsection (b), by—

(A) redesignating paragraph (8) as paragraph (9); and

(B) inserting the following new paragraph before redesignated paragraph

(9):

“(8) One or more representatives of the Intelligence Community, to include

the Principal Deputy Director of National Intelligence.”

(2) by redesignating paragraph (c) as paragraph (d); and inserting the following

new paragraph before redesignated paragraph (d):

“(c) LEADERSHIP.—The Steering Committee shall be chaired by the Deputy

Secretary of Defense, the Vice Chairman of the Joint Chiefs of Staff, and the Principal

Deputy Director of National Intelligence.”

The Steering Committee on Emerging Technology recommendation is also featured in

Chapters 3 and 5.

Recommendation: Build the Technical Backbone.

Prioritize funding for the Department’s digital ecosystem and associated activities. The

Armed Services Committees should use the FY 2022 NDAA to direct the Department of

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Defense to develop a resourcing plan for the digital ecosystem that establishes, sustains,

and incentivizes use of its various components as enterprise-wide, enduring resources. The

Committees should also authorize the obligation of funds to begin work on the ecosystem.

SEC. ___.—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; and

(2) a governance structure, together with associated policies and

guidance, to drive the implementation of the reference throughout the Department

on a federated basis.

Recommendation: Train and Educate Warfighters.

Component 1: Integrate Digital Skill Sets and Computational Thinking into Military Junior

Leader Education.

Require the military services to integrate digital skills and computational thinking into pre-

commissioning and entry-level training.

SEC. ___.—INTEGRATING DIGITAL SKILL SETS AND COMPUTATIONAL THINKING

INTO MILITARY JUNIOR LEADER EDUCATION.—Not later than 270 days after the date

of the enactment of this Act, the Chief of Staff of the Army, the Chief of Naval Operations,

the Chief of Staff of the Air Force, and the Commandant of the Marine Corps (collectively,

the Service Chiefs) shall expand the curriculum for military junior leader education to

incorporate appropriate training material related to problem definition and curation,

a conceptual understanding of the artificial intelligence lifecycle, data collection and

management, probabilistic reasoning and data visualization, and data-informed decision-

making. Whenever possible, the new training and education should include the use of

existing artificial intelligence-enabled systems and tools.

Component

2: Integrate Emerging and Disruptive Technologies into Service-level

Professional Military Education.

Require the military services to integrate emerging and disruptive technologies into service-

level Professional Military Education.

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SEC. ___.—INTEGRATION OF MATERIAL ON EMERGING TECHNOLOGIES INTO

PROFESSIONAL MILITARY EDUCATION.—Not later than one year after the date of the

enactment of this Act, the Secretary of Defense, in consultation with the Joint Chiefs of

Staff, shall ensure that the curriculum for professional military education is revised in each

of the military services to incorporate periodic courses on militarily significant emerging

technologies that increasingly build the knowledge base, vocabulary, and skills necessary

to intelligently analyze and utilize emerging technologies in the tactical, operational, and

strategic levels of warfighting and warfighting support.

SEC.

___.—SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR

CIVILIAN AND MILITARY LEADERS.—

(a) IN GENERAL.—Not later than one year after the date of the enactment of this

Act, the Secretary of Defense shall establish a short course on emerging technologies

for general and flag officers and senior executive-level civilian leaders. The short course

shall be taught on an iterative, two-year cycle and shall address the most recent, most

relevant technologies and how these technologies may be applied to military and business

outcomes in the Department of Defense.

(b) THROUGHPUT OBJECTIVES.—In assessing participation in the short course

authorized by subsection (a), the Secretary of Defense shall ensure that:

(1) In the first year that the course is offered, no fewer than twenty percent

of general flag officers and senior executive-level civilian leaders are certified as

having passed the short course required by subsection (a); and

(2) In each subsequent year, an additional ten percent of general flag

officers and senior executive-level civilian leaders are certified as having passed

such course, until such time as eighty percent of such officers and leaders are so

certified.

Component 3: Create Emerging and Disruptive Technology Coded Billets in the Department

of Defense.

Require the Department of Defense to create emerging and disruptive technology critical

billets that must be filled by emerging technology certified leaders.

SEC. ___.—EMERGING TECHNOLOGY-CODED BILLETS WITHIN THE DEPARTMENT

OF DEFENSE.—

(a) IN GENERAL.—Not later than one year after the date of the enactment of this

Act, the Secretary of Defense shall ensure that the military services—

(1) code appropriate billets to be filled by emerging technology-qualified

officers; and

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(2) develop a process for officers to become emerging technology-

qualified.

(b) APPROPRIATE POSITIONS.—Emerging technology-coded positions may

include, as appropriate—

(1) positions responsible for assisting with acquisition of emerging

technologies;

(2) positions responsible for helping integrate technology into field units;

(3) positions responsible for developing organizational and operational

concepts;

(4) positions responsible for developing training and education plans; and

(5) leadership positions at the operational and tactical levels within the

military services.

technology-coded billets shall be modeled on a streamlined version of the joint qualification

process and may include credit for serving in emerging technology focused fellowships,

emerging technology focused talent exchanges, emerging technology focused positions

within government, and educational courses focused on emerging technologies.

Recommendation: Accelerate Adoption of Existing Digital Technologies.

Component

3: Expand Use of Specialized Acquisition Pathways and Contracting

Approaches.

Authorize the use of a rapid contracting mechanism for the software acquisition pathway.

SEC. ___.—RAPID CONTRACTING MECHANISM FOR SOFTWARE ACQUISITION.—

(a) IN GENERAL.—Not later than 270 days after the date of the enactment of this

Act, the Secretary of Defense shall establish an agile contracting mechanism to support the

software acquisition pathway developed pursuant to section 800 of the National Defense

Authorization Act for Fiscal Year 2020 and embedded in Department of Defense Directives

5000.02 and 5000.87.

(b) CHARACTERISTICS.—The agile contracting mechanism established pursuant

to subsection (a) shall authorize processes pursuant to which—

(1) a contract is awarded on the basis of statements of qualifications and

past performance data submitted by contractors, supplemented by discussions

with two or more contractors determined to be the most highly-qualified, without

regard to price;

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(2) the contract identifies the contractor team to be engaged for the work,

and substitutions shall not be made during the base contract period without the

advance written consent of the contracting officer;

(3) the contractor reviews existing software in consultation with the

user community and utilizes user feedback to define and prioritize software

requirements, and to design and implement new software and software upgrades,

as appropriate;

(4) an independent, non-advocate cost estimate is developed in parallel

with engineering of the software, leveraging agile cost estimation best practices

rather than counting source lines of code; and

(5) value-based performance metrics are established and can be

automatically generated by users to address issues such as deployment rate and

speed of delivery, response rate such as the speed of recovery from outages

and cybersecurity vulnerabilities, and assessment and estimation of the size and

complexity of software development effort.

Component 4: Modernize the Budget and Oversight Processes for Digital Technologies.

Update title 10, Section 181 to designate USD(R&E) Co-Chair and Chief Science Advisor

to the JROC.

SEC.

___.—ENHANCED ROLE OF UNDER SECRETARY OF DEFENSE FOR

RESEARCH AND ENGINEERING ON THE JOINT REQUIREMENTS OVERSIGHT

COUNCIL.—Section 181 of title 10, United States Code, is amended—

(1) in subsection (b), by.—

(A) inserting “the Secretary of Defense and” before “the Chairman of the

Joint Chiefs of Staff”;

(B) redesignating paragraphs (2) through (6) as paragraphs (3) through

(7);

“(2) leveraging awareness of global technology trends, threats, and

adversary capabilities to address gaps in joint military capabilities and validate

technical feasibility of requirements developed by the military services;”; and

(D) in redesignated paragraphs (4)(B) and (5) by inserting “the Secretary

of Defense and” before “the Chairman of the Joint Chiefs of Staff”;

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(2) in subsection (c), by—

(A) striking

“Chairman of the Joint Chiefs of Staff for making

recommendations about” in paragraph (1)(A) and inserting “Council for”;

(B) redesignating subparagraphs (B) through (E) of paragraph (1) as

subparagraphs (C) through (F);

“(B) The Under Secretary of Defense for Research and Engineering, who

is the co-Chair of the Council and is the Chief Science Advisor to the Council.”;

(D) by striking in paragraph (2) “(B), (C), (D), and (E)” and inserting “(C),

(D), (E), and (F)”; and

(E) by amending paragraph (3) to read as follows:

“(3) In making any recommendation to the Secretary and the Chairman

of the Joint Chiefs of Staff pursuant to this section, the Co-Chairs of the Council

shall provide any dissenting view of members of the Council with respect to such

recommendation.”; and

(3) in subsection (d), by—

(A) striking subparagraph (1)(D); and

(B) redesignating subparagraphs (E) through (H) of paragraph (1) as

paragraphs (D) through (G).

Direct the Secretary of Defense to establish the dedicated AI fund.

SEC.

___.—ARTIFICIAL INTELLIGENCE DEVELOPMENT AND PROTOTYPING

FUND.—

(a) IN GENERAL.—The Secretary of Defense shall establish a fund to be known

as the ‘‘Artificial Intelligence Development and Prototyping Fund’’ 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. The Fund shall be managed by the Under Secretary of Defense

for Research and Engineering, in consultation with the Joint Artificial Intelligence Center,

the Joint Staff, and the military services.

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(b) TRANSFER AUTHORITY.—Amounts available in the Fund may be transferred

to a military department for the purpose of carrying out a development or prototyping

program selected by the Under Secretary of Defense for Research and Engineering for

the purposes described in paragraph (1). Any amount so transferred shall be credited to

the account to which it is transferred. The transfer authority provided in this subsection is

in addition to any other transfer authority available to the Department of Defense.

and Development shall notify the congressional defense committees of all transfers under

paragraph (2). Each notification shall specify the amount transferred, the purpose of

the transfer, and the total projected cost and estimated cost to complete the acquisition

program to which the funds were transferred.

CHAPTER 3: AI AND WARFARE

Blueprint for Action

Recommendation: Establish AI-readiness performance goals.

Require the Secretary of Defense to establish performance objectives and accompanying

metrics for AI and digital readiness and provide an update to Congress no later than 120

days after approving these goals.

SEC. ___.—ARTIFICIAL INTELLIGENCE READINESS GOALS.—

(a) IN GENERAL.—Not later than one year after the date of the enactment of this

Act, the Secretary of Defense shall review the potential applications of artificial intelligence

and digital technology to Department of Defense platforms, processes and operations,

and establish performance objectives and accompanying metrics for the incorporation of

artificial intelligence and digital readiness into such platforms, processes and operations.

(b) SKILLS GAPS.—As a part of the review required by subsection (a), the

Secretary shall direct the military departments and defense components to—

(1) conduct a comprehensive review of skill gaps in the fields of software

development, software engineering, knowledge management, data science, and

artificial intelligence;

(2) assess the number and qualifications of civilian personnel needed for

both management and specialist tracks in such fields;

(3) assess the number of military personnel (officer and enlisted) needed

for both management and specialist tracks in such fields; and

(4) establish recruiting, training, and talent management goals to achieve

and maintain staffing levels needed to fill identified gaps and meet the Department’s

needs for skilled personnel.

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review required by subsection (a), the Secretary shall report to Congress on the findings of

the review and any action taken or proposed to be taken by the Secretary to address such

findings.

Recommendation: Promote AI interoperability and the adoption of critical emerging

technologies among allies and partners.

Component 6: Modify authorities and processes in order to improve DoD’s ability to

conduct international capability development.

SEC. ___.—ENHANCED AUTHORITY TO ENTER INTO COOPERATIVE RESEARCH

AND DEVELOPMENT AGREEMENTS WITH INTERNATIONAL PARTNERS.—

(a) AUTHORITY OF SECRETARY OF DEFENSE.—Section 2350a of title 10, United

States Code, is amended—

(1) In subsection (a), by—

(A) Adding a new subparagraph (F) at the end of paragraph (2),

as follows:

“(F) Any business, academic or research institution, or other non-

governmental entity organized pursuant to the laws of a country referred

to in subparagraphs (C), (D) and (E), subject to the consent of the country

involved.”;

(B) Amending paragraph (3) by striking “a country referred to in

subparagraph (E) of paragraph (2),” and inserting “a country referred to in

subparagraph (E) of paragraph (2) or a non-governmental entity referred

to in subparagraph (F) of such paragraph,”; and

“(4) The Secretary may delegate the authority to enter memoranda

of understanding pursuant to this section to the secretary of a military

department, the Director of the Joint Artificial Intelligence Center, and the

Director of the Defense Advanced Research Projects Agency, subject

to such terms and conditions as may be necessary to ensure that any

agreements entered are consistent with the foreign policy and defense

policy of the United States.”; and

(2) In paragraph (1) of subsection (b), by striking “will improve, through the

application of emerging technology,” and inserting “is likely to improve, through

the application or enhancement of emerging technology,”;

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(3) In subsection (c), by adding at the end the following new sentence:

“If a foreign partner is expected to contribute significantly to the development

of a new or novel capability, full consideration shall be given to non-monetary

contributions, including the value of research and development capabilities and

the strategic partnerships.”

(b) AUTHORITY OF THE PRESIDENT.—Section 2767 of title 22, United States

Code, is amended—

(1) in subsection (c), by adding at the end the following new sentence:

“If a foreign partner is expected to contribute significantly to the development

of a new or novel capability, full consideration shall be given to non-monetary

contributions, including the value of research and development capabilities and

the strategic partnerships.”

(2) in subsection (f), by inserting before the semicolon in subparagraph (4)

the following: “(and a description of any non-monetary contributions made by such

participants)”; and

(3) in subsection (j), by—

(A) amending the title to read as follows:

“Cooperative project

agreements with friendly foreign countries not members of NATO and

with non-governmental organizations in NATO and friendly non-NATO

countries”; and

(B) amending paragraph (2) to read as follows:

“(2) The President may enter into a cooperative project agreement

with any business, academic or research institution, or other non-

governmental entity organized pursuant to the laws of NATO member or

a friendly foreign country that is not a member of NATO, subject to the

consent of the country involved.”

CHAPTER 5: AI AND THE FUTURE OF NATIONAL INTELLIGENCE

Blueprint for Action

Recommendation: Empower the IC’s science and technology leadership.

Designate the Director of S&T within ODNI as the IC CTO and grant that position additional

authorities for establishing policies on, and supervising, IC research and engineering,

technology development, technology transition, appropriate prototyping activities,

experimentation, and developmental testing activities.

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Grant the Director of National Intelligence sufficient budgetary authorities to enforce

technical standards across the IC, including the ability to fence or otherwise withhold

funding for programs that are not compliant with established common standards and

policies.

SEC. ___.—CHIEF TECHNOLOGY OFFICER FOR THE INTELLIGENCE COMMUNITY.—

Section 3030 of title 50, United States Code, is amended—

(1) in subsection (a), by striking “who shall be appointed by the Director of National

Intelligence” and inserting “who shall be appointed by the Director of National Intelligence

and shall serve as the Chief Technology Officer for the Intelligence Community.”; and

(2) in subsection (c), by—

(A) redesignating paragraphs (2) through (5) as paragraphs (4) through

(7); and

(B) inserting new paragraphs (2) and (3), as follows:

“(2) establish policies for the intelligence community on research

and engineering, technology development, technology transition,

prototyping activities, experimentation, and developmental testing, and

oversee the implementation of such policies;

“(3) establish common technical standards and policies necessary

to rapidly scale artificial intelligence-enabled applications across the

intelligence community;”.

Suggested Report Language: The Chief Technology Officer for the Intelligence Community

shall collect information on each Intelligence Community element’s compliance with

applicable standards and policies for artificial intelligence research and development,

and shall provide such information to the Director of National Intelligence. The Intelligence

Committees encourage the Director of National Intelligence to closely review the compliance

information and place a temporary hold on an Intelligence Community element that fails

to execute artificial intelligence research and development funds in accordance with the

applicable standards and policies.

Establish a fund that would allow the DNI to identify and invest in AI applications with

outsized potential that may not have an identified source of agency or program funding as

they near the end of their S&T life cycle.

SEC. ___.—ARTIFICIAL INTELLIGENCE CRITICAL APPLICATIONS FUND FOR THE

INTELLIGENCE COMMUNITY.—

(a) IN GENERAL.—The Director of National Intelligence shall establish a fund

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to be known as the ‘‘Artificial Intelligence Critical Applications Fund’’ to support agile

development and fielding of artificial intelligence-enabled applications with exceptional

potential for the intelligence community. The Fund shall be managed by the Director

of Science and Technology, in consultation with the National Intelligence Science and

Technology Committee established pursuant to section 3030 of title 50, United States

Code.

(b) TRANSFER AUTHORITY.—Amounts available in the Fund may be transferred

to any element of the intelligence community for the purpose of carrying out a development

or fielding program selected by the Director of Science and Technology for the purposes

described in subsection (a). Any amount so transferred shall be credited to the account

to which it is transferred. The transfer authority provided in this subsection is in addition

to any other transfer authority available to the Director of National Intelligence and the

intelligence community.

notify the congressional intelligence committees and the congressional appropriations

committees of all transfers under paragraph (2). Each notification shall specify the amount

transferred, the purpose of the transfer, and the total projected cost and estimated cost to

complete the acquisition program to which the funds were transferred.

Establish a 10-year, $1,000,000,000 Program of Record to provide long-term, predictable

funding for technologies identified in the technology annex to the National Intelligence

Strategy.

SEC. ___.—ARTIFICIAL INTELLIGENCE TECHNOLOGY ROADMAP AND FUNDING

PLAN FOR THE INTELLIGENCE COMMUNITY.—

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this

Act, the Director of National Intelligence, in consultation with the Secretary of Defense,

shall develop a technology annex to the National Intelligence Strategy and a ten-year plan

to provide long-term, predictable funding of up to one billion dollars to implement the steps

identified in such annex.

(b) CONTENTS OF TECHNOLOGY ANNEX.—The technology annex required by

subsection (a) shall provide a technology roadmap for the adoption of artificial intelligence-

enabled applications to solve operational intelligence requirements, including:

(1) A description of challenges faced in the intelligence community’s efforts

to analyze the global environment and monitor technological advancements,

adversarial capability development, and emerging threats;

(2) Identification of technical capabilities, including artificial intelligence

capabilities, needed to enable steps to address each challenge;

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(3) A prioritized, time-phased plan for developing or acquiring such

technical capabilities, that takes into account research and development

timelines, a strategy for public private partnerships, and a strategy for connecting

researchers to end users for early prototyping, experimentation, and iteration;

(4) Any additional or revised acquisition policies and workforce training

requirements that may be needed to enable intelligence community personnel to

identify, procure, integrate, and operate the technologies identified in the annex;

(5) Identification of infrastructure requirements for developing and

deploying technical capabilities, including:

(A) data, compute, storage, and network needs;

(B) a resourced and prioritized plan for establishing such

infrastructure; and

requirements to support prototyping and experimentation and a resourced

plan to implement them, including standards, testbeds, and red-teams for

testing artificial intelligence systems against digital “denial & deception”

attacks.

(6) Consideration of human factor elements associated with priority

technical capabilities, including innovative human-centric approaches to user

interface, human-machine teaming, and workflow integration;

(7) Consideration of interoperability with allies and partners, including

areas for sharing of data, tools, and intelligence products; and

(8) Flexibility to adapt and iterate annex implementation at the speed of

technological advancement.

Recommendation: Improve coordination between the IC and DoD.

Revise the National Defense Authorization Act for Fiscal Year 2021 (FY 2021 NDAA)

provision authorizing a Steering Committee on Emerging Technology by designating it to

be tri-chaired by the Deputy Secretary of Defense, the Vice Chairman of the Joint Chiefs of

Staff, and the Principal Deputy Director of National Intelligence.

See Chapter 2 recommendation “Drive Change through Top-Down Leadership” for

proposed legislative text.

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Recommendation: Aggressively pursue security clearance reform for clearances at the

Top Secret level and above, and enforce security clearance reciprocity among members

of the IC.

Congress should require the DNI to develop an implementation plan for security clearance

reform for clearances at the Top Secret and above level including detailed timelines and

metrics.

Congress should require the DNI and the directors of the major intelligence services to

regularly report on progress to the oversight committees.

SEC. ___.—IMPLEMENTATION PLAN FOR SECURITY CLEARANCE REFORM.—

(a) PLAN REQUIRED.—Not later than 180 days after the date of the enactment

of this Act, the Director of National Intelligence shall develop an implementation plan

for security clearance reform for clearances at the Top Secret level and above. The

implementation plan shall include, at a minimum:

(1) detailed implementation metrics and timelines;

(2) steps to be taken to collaborate with the private sector and academia

to develop data-informed behavioral approaches to understanding risk factors

and security clearance adjudication; and

(3) steps to be taken to reform identity management and ensure seamless

security clearance reciprocity across the intelligence community (including any

enforcement mechanisms that may be needed to ensure such reciprocity).

(b) REPORTS REQUIRED.—Not later than 270 days after the date of the enactment

of this Act and annually for five years thereafter, the Director of National Intelligence shall

report to the congressional intelligence committees on the implementation of the plan

required by subsection (a) and the progress that has been made toward security clearance

reform.

CHAPTER 6: TECHNICAL TALENT IN GOVERNMENT

Blueprint for Action

Recommendation: Create a National Reserve Digital Corps.

NATIONAL RESERVE DIGITAL CORPS ACT OF 2021

SECTION. 1.—SHORT TITLE.—This Act may be cited as the “National Reserve Digital

Corps Act of 2021”.

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SEC. 2.—ESTABLISHMENT OF NATIONAL RESERVE DIGITAL CORPS.—

(a) IN GENERAL.—Subpart I of part III of title 5, United States Code, is amended

by inserting after chapter 102 the following new chapter:

CHAPTER 103—NATIONAL RESERVE DIGITAL CORPS

SEC. 10301. Establishment.

SEC. 10302. Definitions.

SEC. 10303. Organization.

SEC. 10304. Work on Behalf of Federal Agencies.

SEC. 10305. Digital Corps Scholarship Program.

SEC. 10306. Duration of Pilot Program.

SEC. 10307. Authorization of Appropriation.

SEC. 10301. ESTABLISHMENT.—For the purposes of attracting, recruiting, and training

a corps of world-class digital talent to serve the national interest and enable the Federal

Government to become a digitally proficient enterprise, there is established within the

Office of Management and Budget a pilot program for a civilian National Reserve Digital

Corps, whose members shall serve as special government employees, working not fewer

than 30 days per year as short-term advisors, instructors, or developers in the Federal

Government.

SEC. 10302. DEFINITIONS.—

(a) DIRECTOR.—The term

“Director” means the Director of the Office of

Management and Budget.

(b) NODE.—The term “node” means a group of persons or team organized under

the direction of a node leader to provide digital service to one or more Federal agencies

pursuant to an agreement between the Office of Management Budget and each other

Federal agency.

employee, as defined by section 2105 of title 5, United States Code, selected under this

Act to lead one or more nodes, who reports to the Director or the Director’s designee.

(d) NODE MEMBER.—The term “node member” means a special government

employee, as defined by section 202 of title 18, United States Code, selected under this

Act to work at least 38 days per fiscal year and report to a node leader in furtherance of

the mission of a specified node.

SEC. 10303. ORGANIZATION.—

(a) NODES AND NODE LEADERS.—The National Reserve Digital Corps shall be

organized into nodes, each of which shall be under the supervision of a node leader .

(b) ADMINISTRATIVE SUPPORT.—The National Reserve Digital Corps shall

receive funding and administrative support from the Office of Management and Budget,

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which shall be responsible for selecting node leaders, establishing standards, ensuring

that nodes meet government client requirements, maintaining security clearances,

establishing access to an agile development environment and tools, and facilitating

appropriate technical exchange meetings.

(1) Direct Hiring Authority of Node Members.—The Director of the Office

of Management and Budget, on the recommendation of a node leader, may

appoint, without regard to the provisions of subchapter I of chapter 33 (other than

sections 3303 and 3328 of such chapter), a qualified candidate to a position in

the competitive service in the Office of Management and Budget to serve as a

node member. This provision shall not preclude the Director from hiring additional

employees, including full time government employees, as defined by section 2105

of title 5, United States Code.

(2) Term and Temporary Appointments of Node Members.—The Director

of the Office of Management and Budget, on the recommendation of a node

leader, may make a noncompetitive temporary appointment or term appointment

for a period of not more than 18 months, of a qualified candidate to serve as a

node member in a position in the competitive service for which a critical hiring

need exists, as determined under section 3304 of title 5, United States Code,

without regard to sections 3327 and 3330 of such title.

SEC. 10304. WORK ON BEHALF OF FEDERAL AGENCIES.—

(a) PURPOSE.—Each node shall undertake projects to assist Federal agencies by

providing digital education and training, performing data triage and providing acquisition

assistance, helping guide digital projects and frame technical solutions, helping build

bridges between public needs and private sector capabilities, and related tasks.

(b) AUTHORITIES.—Projects may be undertaken—

(1) on behalf of a Federal agency—

(A) by direct agreement between the Office of Management and

Budget and the Federal agency; or

(B) at the direction of the Office of Management and Budget at the

request of the Federal agency; or

(2) to address a digital service need encompassing more than one Federal

agency—

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(A) at the direction of the Office of Management and Budget; or

(B) on the initiative of a node leader.

SEC. 10305. DIGITAL CORPS SCHOLARSHIP PROGRAM.—

(a) IN GENERAL.—The Director shall establish a National Reserve Digital Corps

scholarship program to provide full scholarships to competitively selected students who

commit to study specific disciplines related to national security digital technology .

(b) SERVICE OBLIGATION.—Each student, prior to commencing the Digital Corps

Scholarship Program, shall sign an agreement with respect to the student’s commitment to

the United States. The agreement shall provide that the student agree to the following:

(1) a commitment to serve as an intern in a Federal agency for at least six

weeks during each of the summers before their junior and senior years; and

(2) a commitment to serve in the National Reserve Digital Corps for six

years after graduation.

determine the following—

(1) Eligibility standards for program participation;

(2) Criteria for establishing the dollar amount of a scholarship, including

tuition, room and board;

(3) Repayment requirements for students who fail to complete their service

obligation;

(4) An approach to ensuring that qualified graduates of the program are

promptly hired and assigned to node leaders; and

(5) Resources required for the implementation of the program.

(d) CONTINUING EDUCATION.—The Director shall establish a training and

continuing education program to fund educational opportunities for members of the

National Digital Reserve Corps, including conferences, seminars, degree and certificate

granting programs, and other training opportunities that are expected to increase the

digital competencies of the participants.

(e) IMPLEMENTATION.—

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(1) Not later than six months after the date of the enactment of this Act, the

Director shall establish the administrative support function and issue guidance for

the National Reserve Digital Corps, which shall include the identification of points

of contact for node leaders at Federal agencies.

(2) Not later than one year after the date of the enactment of this Act,

the Director shall appoint not fewer than five node leaders under the National

Reserve Digital Corps program and authorize the node leaders to begin recruiting

reservists and undertaking projects for Federal agencies.

(3) Beginning two years after the date of the enactment of this Act, the

Director shall report annually to Congress on the progress of the National Reserve

Digital Corps. The Director’s report shall address, at a minimum, the following

measures of success:

(A) The number of technologists who participate in the National

Reserve Digital Corps annually;

(B) Identification of the Federal agencies that submitted work

requests, the nature of the work requests, which work requests were

assigned a node, and which work requests were completed or remain in

progress;

projects by Federal agencies; and

(D) Evaluations of results of National Reserve Digital Corps

projects by reservists.

SEC. 10306. DURATION OF PILOT PROGRAM.—The pilot program under this Act shall

terminate no earlier than six years after its commencement.

SEC. 10307. AUTHORIZATION OF APPROPRIATION.—There is authorized to be

appropriated $16,000,000 to remain available until fiscal year 2023 the initial administrative

cost, including for the salaries and expenses scholarship and education benefits, for the

National Digital Reserve Corps.

Recommendation: Create Digital Talent Recruiting Offices Aligned with Digital Corps.

SEC. ___.—DIGITAL TALENT RECRUITING OFFICES.—

(a) DIGITAL TALENT RECRUITING FOR THE DEPARTMENT OF DEFENSE.—

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(1) 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) The chief digital recruiting officer shall be responsible for—

(A) identifying Department of Defense needs for specific types of

digital talent;

(B) recruiting technologists, in partnership with the military

services and defense components, including by attending conferences

and career fairs, and actively recruiting on university campuses and from

the private sector;

civilian recruiting;

(D) offering recruitment and referral bonuses; and

(E) partnering with human resource teams in the military services

and defense components to use direct-hire authorities to accelerate hiring.

(3) The Secretary of Defense shall ensure that the chief digital recruiting

officer is provided with personnel and resources sufficient to maintain an office

and to carry out the duties set forth in paragraph (2).

(b) DIGITAL TALENT RECRUITING FOR THE INTELLIGENCE COMMUNITY.—

(1) 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) The chief digital recruiting officer shall be responsible for—

(A) identifying intelligence community needs 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;

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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) The Director of National Intelligence shall ensure that the chief digital

recruiting officer is provided with personnel and resources sufficient to maintain

an office and to carry out the duties set forth in paragraph (2).

SECURITY.—

(1) Not later than 270 days after the date of the enactment of this Act, the

Secretary of Homeland Security shall designate a chief digital recruiting officer

to oversee a digital recruiting office to carry out the responsibilities set forth in

paragraph (2).

(2) The chief digital recruiting officer shall be responsible for—

(A) identifying Department of Homeland Security needs for

specific types of digital talent;

(B) recruiting technologists, in partnership with components of the

Department of Homeland Security, by attending conferences and career

fairs, and actively recruiting on college campuses;

civilian recruiting;

(D) offering recruitment and referral bonuses; and

(E) partnering with human resource teams in the components

of the Department of Homeland Security to use direct-hire authorities to

accelerate hiring.

(3) The Secretary of Homeland Security shall ensure that the chief digital

recruiting officer is provided with personnel and resources sufficient to maintain

an office and to carry out the duties set forth in paragraph (2).

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(d) DIGITAL TALENT RECRUITING FOR THE DEPARTMENT OF ENERGY.—

(1) 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) The chief digital recruiting officer shall be responsible for—

(A) identifying Department of Energy needs for specific types of

digital talent;

(B) recruiting technologists, in partnership with Department of

Energy programs, by attending conferences and career fairs, and actively

recruiting on college campuses;

civilian recruiting;

(D) offering recruitment and referral bonuses; and

(E) partnering with human resource teams in Department of

Energy programs to use direct-hire authorities to accelerate hiring.

(3) The Secretary of Energy shall ensure that the chief digital recruiting

officer is provided with personnel and resources sufficient to maintain an office

and to carry out the duties set forth in paragraph (2).

Recommendation: Grant exemption from OPM General Schedule Qualification Policies for

Specific Billets and Position Descriptions.

SEC. ___.—WAIVER OF QUALIFICATION STANDARDS FOR GENERAL SCHEDULE

POSITIONS IN ARTIFICIAL INTELLIGENCE.—

(a) DEPARTMENT OF DEFENSE.—Two-star and above commands and their

civilian equivalents are authorized to waive any General Schedule qualification standard

established by the Office of Personnel Management in the case of any applicant for a

position in artificial intelligence 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.—The Director of the Office of

Personnel Management shall establish a process by which the 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

may request an exception to any General Schedule qualification standard in any case in

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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. The process

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.

Recommendation: Expand the CyberCorps: Scholarship for Service.

SEC. ___.—AMENDMENT TO THE FEDERAL CYBER SCHOLARSHIP-FOR- SERVICE

PROGRAM.—

(a) AMENDMENTS TO TITLE 15, UNITED STATES CODE.—Section 7442 of title

15, United States Code, is amended—

(1) By amending the title to read: “Federal Cyber and Artificial Intelligence

Scholarship-for-Service Program”;

(2) in subsection (a), by striking “industrial control system” and all that follows

and inserting in lieu thereof “digital engineers, artificial intelligence practitioners,

data engineers, data analysts, data scientists, industrial control system security

professionals, security managers, and cybersecurity course instructors to meet

the needs of the cybersecurity and artificial intelligence missions for Federal,

State, local, tribal, and territorial governments.”;

(3) in subsection (b), by—

(A) striking “and” at the end of paragraph (3);

(B) striking the period at the end of paragraph (4) and inserting in

lieu thereof “; and”; and

“(5) provide an opportunity for scholarship recipients to

initiate the security clearance process at least one year before

their planned graduation date.”; and

(4) in subsection (c), by striking “3 years” and inserting “4 years”.

(b) SAVINGS PROVISION.—Nothing in this section, or an amendment made by

this section, shall affect any agreement, scholarship, loan, or repayment under section 302

of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442), in effect on the day before

the date of the enactment of this section.

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Recommendation: Create a United States Digital Service Academy.

UNITED STATES DIGITAL SERVICE ACADEMY ACT OF 2021

SECTION. 1.—SHORT TITLE.—This Act may be cited as the “United States Digital

Service Academy Act of 2021”.

SEC. 2.—ESTABLISHMENT OF ACADEMY.—

(a) ESTABLISHMENT.—There is established as an independent entity within

the Federal Government a United States Digital Service Academy (hereafter referred

to as the “ACADEMY”), at a location to be determined, to serve as a federally-funded,

accredited, degree-granting university for the instruction of selected individuals in digital

technical fields and the preparation of selected individuals for civil service with the Federal

Government.

(b) DIGITAL TECHNICAL FIELDS DEFINED.—The term “digital technical fields”

includes artificial intelligence, software engineering, electrical science and engineering,

computer science, molecular biology, computational biology, biological engineering,

cybersecurity, data science, mathematics, physics, human-computer interaction, robotics,

and design and any additional fields specified in regulations by the Board.

SEC. 3.—ORGANIZATION.—

(a) BOARD OF REGENTS.—The business of the Academy shall be conducted by

a Board of Regents (hereafter referred to as the “Board”).

(1) COMPOSITION.—The Board shall consist of nine voting members and

ex officio members, as set forth in this subsection.

(2) VOTING MEMBERS.—The President shall appoint, by and with the

consent of the Senate, nine persons from civilian life who have demonstrated

achievement in one or more digital technical fields, higher education administration,

or Federal civilian service, to serve as voting members on the Board. Appointment

of the first voting members shall be made not later than 180 days after enactment

of this Act.

(3) EX OFFICIO MEMBERS.—Ex officio members shall include—

(A) The Secretary of State;

(B) The Secretary of Defense;

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(D) The Secretary of Commerce;

(E) The Secretary of Energy;

(F) The Secretary of Homeland Security;

(G) The Director of National Intelligence;

(H) The Director of the Office of Personnel Management; and

(I) such other Federal Government officials as determined by the

President.

(2) TERM OF VOTING MEMBERS.—The term of office of each voting

member of the Board shall be six years, except that initial terms shall be staggered

at two year intervals and any member appointed to fill a vacancy occurring before

the expiration of a term shall be appointed for the remainder of such term.

(3) PRESIDENT OF THE BOARD.—One of the members (other than an ex

officio member) shall be designated by the President as Chairman and shall be

the presiding officer of the Board.

(b) KEY POSITIONS.—There shall be at the Academy the following:

(1) A Superintendent;

(2) A Dean of the Academic Board, who is a permanent professor;

(3) A Director of Admissions; and

(4) A Director of Placement.

Academy, who shall serve for a term of six years. The Superintendent, acting pursuant to

the oversight and direction of the Board, shall be responsible for the day-to-day operations

of the Academy and the welfare of the students and the staff of the Academy. The Board

shall select the first Superintendent of the Academy no later than 60 days after the Board

is established.

(d) ADVISORY BOARD.—The Board of Regents and the Superintendent shall be

assisted by an Advisory Board, composed of commercial and academic leaders in digital

technical fields and higher education. The Advisory Board shall adhere to the requirements

of the Federal Advisory Committee Act, Pub.L. 92-463.

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(e) INTERAGENCY WORKING GROUP.—

(1) ESTABLISHMENT.—The Office of Personnel Management shall

establish and lead an interagency working group to annually assess and report to

the Academy the need for civil servants at agencies in digital technical fields for

the purposes of informing Academy student field of study and agency placement.

(2) RESPONSIBILITIES.—The interagency working group shall be

responsible for—

(A) establishing a range of Academy graduates needed during

the ensuing five-year period, by agency and digital technical field; and

(B) undertaking necessary steps to enable each agency identified

to hire Academy graduates into full-time positions in the civil service.

(3) COMPOSITION.—The interagency working group shall consist of the

following officials or their designees:

(A) The Secretary of State;

(B) The Secretary of Defense;

(D) The Secretary of Commerce;

(E) The Secretary of Energy;

(F) The Secretary of Homeland Security;

(G) The Director of National Intelligence;

(H) The Director of the Office of Personnel Management; and

(I) such other Federal Government officials as determined by the

Director of the Office of Personnel Management.

SEC. 4.—FACULTY.—

(a) NUMBER OF FACULTY.—The Superintendent of the Academy may employ

as many professors, instructors, and lecturers at the Academy as the Superintendent

considers necessary to achieve academic excellence.

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(b) FACULTY COMPENSATION.—The Superintendent may prescribe the

compensation of persons employed under this section. Compensation and benefits for

faculty members of the Academy shall be sufficiently competitive to achieve academic

excellence, as determined by the Superintendent.

(1) possess academic expertise and teaching prowess;

(2) exemplify high standards of conduct and performance;

(3) be expected to participate in the full spectrum of academy programs,

including providing leadership for the curricular and extracurricular activities of

students;

(4) comply with the standards of conduct and performance established by

the Superintendent; and

(5) participate actively in the development of the students through the

enforcement of standards of behavior and conduct, to be established in the

Academy’s rules and regulations.

(d) DEPARTMENT TITLES.—The Superintendent may prescribe the titles of each

of the departments of instruction and the professors of the Academy.

SEC. 5.—STUDENT QUALIFICATIONS AND REQUIREMENTS FOR ADMISSION.—

(a) ADMISSIONS REQUIREMENTS.—A student wishing to be admitted to the

Academy shall fulfill admission requirements to be determined by the Superintendent and

approved by the Board of Regents.

(b) HONOR CODE.—A student wishing to be admitted to the Academy shall sign

an Honor Code developed by the Superintendent of the Academy and approved by the

Board of Regents. A violation of the honor code may constitute a basis for dismissal from

the Academy.

SEC. 6.—APPOINTMENT OF STUDENTS.—

(a) NOMINATIONS PROCESS.—Prospective applicants to the Academy for seats

described in paragraphs (1) and (2) of subsection (b) shall follow a nomination process

established by the Director of Admissions of the Academy that is similar to the process

used for admission to the military academies of the United States Armed Forces.

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(b) APPOINTMENTS.—

(1) NOMINEES FOR CONGRESSIONAL SEATS.—Each member of the

Senate or the House of Representatives may nominate candidates from the State

that the member represents for each incoming first-year class of the Academy .

(2) EXECUTIVE BRANCH NOMINEES.—The President may nominate a

maximum of 75 candidates to compete for the executive branch seats.

SEC. 7.—ACADEMIC FOCUS OF THE UNITED STATES DIGITAL SERVICE ACADEMY.—

(a) CURRICULUM.—Each Academy student shall follow a structured curriculum

according to the program of study approved by the Board of Regents centered on digital

technical fields and incorporating additional core curriculum coursework in history,

government, English language arts including composition, and ethics.

(b) DEGREES CONFERRED UPON GRADUATION.—Under such conditions as

the Board of Regents may prescribe, once the Academy is accredited, the Superintendent

of the Academy may confer a baccalaureate of science or baccalaureate of arts degree

upon a graduate of the Academy.

the Board of Regents may prescribe, the Superintendent of the Academy may prescribe

requirements for majors and concentrations and requirements for declaring a major or

concentration during the course of study.

(d) ADDITIONAL DIGITAL SERVICE OF CIVIL SERVICE PROGRAMMING.—

Under such conditions as the Board of Regents may prescribe, the Superintendent of the

Academy may prescribe requirements for each Academy student to participate in non-

curricular programing during Academy terms and during the summer, which may include

internships, summer learning programs, and project-based learning activities.

SEC. 8.—CIVIL SERVICE REQUIREMENTS FOLLOWING GRADUATION.—

(a) CIVIL SERVICE AGREEMENT.—Each Academy student, prior to commencing

the third year of coursework, shall sign an agreement with respect to the student’s length

of civil service to the United States. The agreement shall provide that the student agrees

to the following:

(1) The student will complete the course of instruction at the Academy,

culminating in graduation from the Academy.

(2) Unless the student pursues graduate education under subsection (f),

upon graduation from the Academy, the student agrees to serve in the Federal civil

service for not less than five years following graduation from the Academy .

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(b) FAILURE TO GRADUATE.—

(1) IN GENERAL.—An Academy student who has completed a minimum

of four semesters at the Academy but fails to fulfill the Academy’s requirements for

graduation shall be—

(A) dismissed from the Academy; and

(B) obligated to repay the Academy for the cost of the delinquent

student’s education in the amount described in paragraph (2).

(2) AMOUNT OF REPAYMENT.—A student who fails to graduate shall have

financial responsibility for certain costs relating to each semester that the student

was officially enrolled in the Academy as prescribed by the Superintendent.

(1) IN GENERAL.—A student who graduates from the Academy but fails

to complete the full term of required civil service shall be obligated to repay the

Academy for a portion of the cost of the graduate’s education as determined by

Academy as set forth in this subsection.

(2) AMOUNT OF REPAYMENT.—In the case of a delinquent graduate

who fails to complete all years of public service required under subsection (a)(2)

(including any additional years required for graduate education under subsection

(f)), the delinquent graduate shall be financially responsible for the cost of the

delinquent graduate’s education (including the costs of any graduate education),

except that the amount of financial responsibility under this paragraph shall be

reduced by 20 percent for each year of civil service under subsection (a)(2) that

the delinquent graduate did complete.

(d) EXCEPTIONS.—The Superintendent may provide for the partial or total waiver

or suspension of any civil service or payment obligation by an individual under this section

whenever compliance by the individual with the obligation is impossible or deemed to

involve extreme hardship to the individual, or if enforcement of such obligation with respect

to the individual would be unconscionable.

(e) STUDENT SALARIES AND BENEFITS.—The Academy shall not be responsible

for the salaries and benefits of graduates of the Academy while the graduates are fulfilling

the civilian service assignment under this section. All salaries and benefits shall be paid

by the employer with whom the Academy graduate is placed.

(f) GRADUATE EDUCATIONS.—An Academy student and the Superintendent

may modify the agreement under subsection (a) to provide that—

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APPENDIX D

(1) the Academy shall—

(A) subsidize an Academy student’s graduate education; and

(B) postpone the public service assignment required under

subsection (a)(2).

(2) the student shall—

(A) accept a civil service assignment under subsection (g) upon

the student’s completion of the graduate program; and

(B) add two additional years to the student’s civil service

commitment required under the agreement described in subsection (a)

for every year of subsidized graduate education.

SEC. 9.—IMPLEMENTATION PLAN.—

(a) Not later than 180 days after the enactment of this Act, the Superintendent,

in consultation with the Advisory Board, shall develop a detailed plan to implement the

Academy that complies with the requirements of this section. Upon approval by the Board

of Regents, the Superintendent shall present the implementation plan to Congress.

(b) CONTENTS OF PLAN.—The implementation plan described in section (a) shall

provide, a minimum, the following:

(1) Identification and securement of an appropriate site for initial Academy

build-out with room for future expansion, to include a construction plan and

temporary site plan, if necessary;

(2) Identification of gaps in the government’s current and envisioned

digital workforce by the interagency working group under the Office of Personnel

Management as established by section (3)(e);

(3) Establishment of student qualifications and requirements for admission;

(4) Establishment of the student appointment and nomination process;

(5) Establishment of student honor and conduct code to include a plan for

student noncompletion of requirements and obligations;

(6) Establishment of the student curriculum;

(7) Establishment of a mechanism for students to select fields of study

and annually select agencies and career fields within the limits prescribed by

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the interagency working group under the Office of Personnel Management as

established by section (3)(e);

(8) Establishment of a mechanism for graduates to transition from the

Academy to civil service employment by selected individual agencies;

(9) Determination of the initial Academy departments and faculty needs;

(10) Establishment of faculty and staff requirements and compensation;

(11) Determination of non-academic staff required;

(12) Recruitment and hiring of faculty, including tenure-track faculty,

adjunct faculty, part-time faculty and visiting faculty, and other staff as needed;

(13) Identification of nonprofit and private sector partners;

(14) Procurement of outside funds and gifts from individuals and

corporations for startup, administrative, maintenance, and infrastructure costs;

(15) Establishment of the process to meet statutory and regulatory

requirements for establishing the Academy as an academic institution with degree-

granting approval and for applying for degree program specific accreditation and

ensuring that the Academy obtains, no later than two years after enactment of this

Act, status as an accreditation candidate, as defined by a nationally recognized

accrediting agency or association as determined by the Secretary of Education in

accordance with section 1099b in title 10, United States Code, before commencing

academic operations;

(16) A plan commencing the Academy with an initial class of 500 students

three years after enactment of this Act;

(17) Procedures for incorporating accreditation assessments to facilitate

ongoing improvements to the Academy; and,

(18) Procedures for assessing the size of the Academy and potential

expansion of student enrollment.

SEC. 10.—ADMINISTRATIVE MATTERS.—

(a) FULLY-SUBSIDIZED EDUCATION.—Each Academy student’s tuition and room

and board shall be fully subsidized provided that the student completes the requirements of

the Academy and fulfills the civil service commitment as determined by the implementation

plan in section 9.

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(b) GIFT AUTHORITY.—The Board of Regents may accept, hold, administer, and

spend any gift, devise, or bequest of real property, personal property, or money made

on the condition that the gift, devise, or bequest be used for the benefit, or in connection

with, the establishment, operation, or maintenance, of the Academy. The Board of Regents

may accept a gift of services, which includes activities that benefit the education, morale,

welfare, or recreation of students, faculty or staff, for the Academy.

(1) LIMITATIONS AND PROHIBITIONS.—

(A) IN GENERAL.—The Board of Regents may not accept a gift

under this subsection if the acceptance of the gift would reflect unfavorably

on the ability of any agency of the Federal Government to carry out any

responsibility or duty in a fair and objective manner, or would compromise

the integrity or appearance of integrity of any program of the Federal

Government or any officer or employee of the Federal Government who is

involved in any such program.

(B) FOREIGN GIFTS.—The Board of Regents may not accept a gift

of services from a foreign government or international organization under

this subsection. A gift of real property, personal property, or money from a

foreign government or international organization may be accepted under

this subsection only if the gift is not designated for a specific individual.

accepted with attached conditions inconsistent with applicable law or

regulation.

(D) MISSION.—No gift under this section may be accepted with

attached conditions inconsistent with the mission of the Academy .

(E) NAMING RIGHTS.—The Board of Regents may issue

regulations governing the circumstances under which gifts conditioned

on naming rights may be accepted, appropriate naming conventions, and

suitable display standards.

(2) TREATMENT OF GIFTS.—

(A) Gifts and bequests of money, and the proceeds of the sale of

property, received under subsection shall be deposited in the Treasury in

the account of the Academy as no year money and may be expended in

connection with the activities of the Academy as determined by the Board

of Regents.

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(B) The Board of Regents may pay all necessary expenses in

connection with the conveyance or transfer of a gift, devise, or bequest

accepted under this section.

any property, money, or services accepted under this subsection shall

be considered as a gift, devise, or bequest to or for the use of the United

States.

(D) The Comptroller General shall make periodic audits of gifts,

devises, and bequests accepted under this section at such intervals as

the Comptroller General determines to be warranted. The Comptroller

General shall submit to Congress a report on the results of each such

audit.

SEC.

11.—INITIAL APPROPRIATION.—There are authorized to be appropriated

$40,000,000 to remain available until expended for the Academy’s initial administrative

cost and salaries and expenses.

Recommendation: Establish Career Fields for Government Civilians in Software

Development, Software Engineering, Data Science, Knowledge Management, and Artificial

Intelligence.

SEC.___.—NEW OCCUPATIONAL SERIES FOR DIGITAL CAREER FIELDS.—Not later

than 270 days after the date of the enactment of this Act, the Director of the Office of

Personnel Management shall exercise its authority under section 5105 of title 5, United

States Code, to establish one or more new occupational series and associated policies

covering Federal Government positions in the fields of software development, software

engineering, data science, and knowledge management.

SEC.___.—NEW OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE.—Not

later than 270 days after the date of the enactment of this Act, the Director of the Office

of Personnel Management shall exercise its authority under section 5105 of title 5, United

States Code, to establish a new occupational series and associated policies covering

Federal Government positions in the field of artificial intelligence.

Recommendation: Establish Digital Career Fields for Military Personnel.

SEC.___.—MILITARY CAREER FIELDS FOR SOFTWARE DEVELOPMENT, DATA

SCIENCE, AND ARTIFICIAL INTELLIGENCE.—Section 230 of the National Defense

Authorization Act for Fiscal Year 2020 is amended by adding the following new subsection:

“(d) Not later than 270 days after the date of the enactment of this subsection, the Chief

of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, and

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the Commandant of the Marine Corps (collectively, the Service Chiefs) shall each establish

new military career fields for software development, data science, and artificial intelligence

that are open to commissioned officers, enlisted personnel and, as appropriate, warrant

officers. The Service Chiefs shall utilize the authority provided in sections 605 and 649a to

649k of title 10, United States Code, to ensure that military personnel in these career fields

who choose to specialize and focus on technical skill sets rather than pursue leadership

positions are not required to move outside their specialties or into management positions

to continue to promote.

CHAPTER 8: UPHOLDING DEMOCRATIC VALUES: PRIVACY, CIVIL LIBERTIES, AND

CIVIL RIGHTS IN USES OF AI FOR NATIONAL SECURITY

Blueprint for Action

Recommendation Set 1: Increase Public Transparency about AI Use through Improved

Reporting.

For AI systems that involve U.S. persons, require AI Risk Assessment Reports and AI

Impact Assessments to assess the privacy, civil liberties and civil rights implications for

each new qualifying AI system or significant system refresh.

SEC.___—PRIVACY, CIVIL RIGHTS AND CIVIL LIBERTIES RISK AND IMPACT

ASSESSMENTS FOR ARTIFICIAL INTELLIGENCE SYSTEMS.—

(a) IN GENERAL.—The head of a covered agency shall conduct risk and impact

assessments of the privacy, civil rights, and civil liberties risks and potential implications

of any covered artificial intelligence system utilized by the covered agency and take

appropriate steps to mitigate risks and adverse impact of any such system on the privacy,

civil rights, and civil liberties of U.S. persons.

(b) DEFINITIONS.—For purposes of this section—

(1) COVERED ARTIFICIAL INTELLIGENCE SYSTEM.—A “covered artificial

intelligence system” means a qualified artificial intelligence system or a significant

artificial intelligence system refresh as determined by the task force established in

section [XX] of this Act that is—

(A) designed to collect, process, maintain, or use information on

U.S. persons;

(B) may inadvertently process, maintain, or use information on

U.S. persons; or

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(2) COVERED AGENCY.—A “covered agency” includes—

(A) the Department of Homeland Security;

(B) the Federal Bureau of Investigation; and

section 3003(4) of title 50, United States Code.

(3) HEAD OF A COVERED AGENCY.—The “head of a covered agency”

shall mean the Secretary of Homeland Security, the Director of the Federal Bureau

of Investigation and, for the Intelligence Community, the Director of National

Intelligence.

(1) ARTIFICIAL INTELLIGENCE SYSTEM RISK ASSESSMENT.—Before

acquiring or fielding a covered artificial intelligence system, each covered

agency shall conduct an Artificial Intelligence System Risk Assessment (“Risk

Assessment”). The Risk Assessment shall—

(A) assess the potential implications of the covered artificial

intelligence system on freedom of expression, equal protection, privacy,

and due process;

(B) account for the environment in which the covered artificial

intelligence system will be deployed, including its interactions with other

artificial intelligence tools, programs, and systems that collect personally

identifiable information; and

assessment.

(2) ARTIFICIAL INTELLIGENCE SYSTEM IMPACT ASSESSMENT.—Each

covered agency shall conduct an Artificial Intelligence System Impact Assessment

(“Impact Assessment”), no less than once per year, to assess the degree to which

a covered artificial intelligence system remains compliant with the constraints and

metrics established in the Risk Assessment. The Impact Assessment shall be

based on outcomes, impacts, and metrics collected during system use, and shall

determine if the existing validation processes should be improved.

(d) NOTICE OF DISCONTINUATION.—Within one year of discontinuing use of

any non-public or classified covered artificial intelligence system, a covered agency shall

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consider providing notice to the public that the covered artificial intelligence system has

been discontinued.

(e) REPORT TO CONGRESS.—The head of each covered agency shall, within

90 days of the date of this Act, submit to Congress a report identifying any additional

resources, including staff, needed to carry out the requirements of this section.

This section should be cross-referenced with the recommendation to create a task force

to assess the privacy and civil rights and civil liberties implications of AI and emerging

technologies, as the definition of a “covered artificial intelligence system” relies on the work

of the task force.

Recommendation Set 2: Develop & Test Systems per Goals of Privacy Preservation and

Fairness.

Establish third-party testing center(s) to allow independent, third-party testing of national

security-related AI systems that could impact U.S. persons.

Require the Department of Justice (DOJ), in consultation with the Privacy and Civil Liberties

Oversight Board (PCLOB), to develop binding guidance for the use of third-party testing

(e.g., thresholds for high-consequence systems or unprecedented factors) of AI systems.

SEC.___.—THIRD PARTY TESTING OF ARTIFICIAL INTELLIGENCE SYSTEMS.—

(a) IN GENERAL.—Not later than one year after the date of enactment of this

Act, the Director of the National Institute of Standards and Technology shall establish

an accreditation program for Third Party Independent Artificial Intelligence Testing

Laboratories, as set forth in this section, to conduct independent testing of artificial

intelligence systems for covered agencies to assess potential privacy, civil rights, and civil

liberties impacts of such systems on U.S. persons.

(b) ARTIFICIAL INTELLIGENCE SYSTEMS REQUIRING TESTING.—The Privacy

and Civil Liberties Oversight Board and the Department of Justice shall, in consultation

with Privacy and Civil Liberties officers of the covered agencies, propose criteria for when

an artificial intelligence system warrants third-party testing for privacy, civil liberties, and

civil rights implications for U.S. Persons. Covered agencies shall adopt this criteria, as

described in subsection (e).

are the elements of the Intelligence Community (as defined in section 3003(4) of title 50,

United States Code, and coordinated by the Office of the Director of National Intelligence),

the Department of Homeland Security, and the Federal Bureau of Investigation.

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(d) ACCREDITATION OF THIRD PARTY ARTIFICIAL INTELLIGENCE TESTING

LABORATORIES.—Accreditation of Third Party Artificial Intelligence Testing Laboratories

shall be done through the National Institute of Standards and Technology’s National

Voluntary Laboratory Accreditation Program

(“NVLAP”). In accordance with current

NVLAP processes, the National Institute of Standards and Technology shall determine

and maintain the authoritative list for approved Third Party Artificial Intelligence Testing

Laboratories.

(e) INDEPENDENT TESTING REQUIRED.—Upon the approval of Third Party

Artificial Intelligence Testing Laboratories as outlined in subsection (d), a covered agency,

prior to procuring or fielding an artificial intelligence system requiring testing, shall institute

independent third party testing of the system to assess performance of the system

according to attributes listed in section 22A of the National Institute of Standards and

Technology Act.

(f) SCOPE OF TESTING.—Each independent Third Party Artificial Intelligence

Testing Laboratory accredited pursuant to subsection (d) shall—

(1) utilize metrics relevant to the mission and authorities of the agency that

intends to field the artificial intelligence system;

(2) develop approaches to test—

(A) the software product, as installed in a test facility; and

(B) relevant cloud-based services.

(3) establish binding data agreements that enable the agency and other

stakeholders to share confidential and proprietary data with the testing entity

without fear of inappropriate disclosure; and

(4) collaborate with the covered agency that is seeking testing to reach

consensus on appropriate protocols and approaches for handling test data, test

results, and analyses.

Recommendation Set 4: Strengthen Oversight and Governance Mechanisms to Address

Current and Evolving Concerns.

Strengthen the Privacy and Civil Liberties Oversight Board’s (PCLOB) ability to provide

meaningful oversight and advice to the federal government’s use of AI-enabled technologies

for counterterrorism purposes.

SEC.___.—OVERSIGHT OF FEDERAL GOVERNMENT USE OF ARTIFICIAL

INTELLIGENCE-ENABLED SYSTEMS FOR COUNTERTERRORISM PURPOSES.—

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(a) AMENDMENTS TO AUTHORITIES AND RESPONSIBILITIES OF THE PRIVACY

AND CIVIL LIBERTIES OVERSIGHT BOARD.—Section 2000ee of title 42, United States

Code, is amended—

(1) in paragraph (2) of subsection (d), by—

(A) striking “and” at the end of subparagraph (B);

(B) redesignating subparagraph (C) as subparagraph (D); and

“(C) the development and use of artificial intelligence-enabled

technologies for counterterrorism purposes; and”; and

(2) in subparagraph (1)(A) of subsection (g), by striking the semicolon

and adding the following: “and information about artificial intelligence-enabled

technologies proposed to be acquired or fielded in the Federal Government

(such as documentation of data collection, disclosure and consent processes for

artificial intelligence-enabled tools and programs, documentation of models used

and supporting training and testing, and any repurposing);”

(b) AMENDMENTS TO AUTHORITIES AND RESPONSIBILITIES OF PRIVACY

AND CIVIL LIBERTIES OFFICERS.—Section 2000ee-1 of title 42, United States Code, is

amended—

(1) in subsection (a), by—

(A) redesignating paragraphs (3) and (4) as paragraphs (4) and

(5); and

(B) inserting a new paragraph (3), as follows:

“(3) provide prior notice to the Privacy and Civil Liberties Oversight

Board of the fielding or repurposing of an artificial intelligence-enabled

system (including a classified system) that could have an impact on

privacy, civil liberties, or civil rights, and provide access to associated

impact statements, including System of Record Notices, Privacy Impact

Assessments, and Civil Rights and Civil Liberties Impact Assessments;”

and

(2) in subsection (d), by striking the semicolon in paragraph (1) and

inserting the following: “(including information described in paragraph (a)(3));”.

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BOARD.—Not later than 270 days after the date of the enactment of this act, the Privacy and

Civil Liberties Oversight Board shall conduct and provide to Congress a self-assessment

of any change in resources and organizational structure that may be required to carry out

the artificial intelligence-related mission required by this section.

Empower DHS Offices of Privacy and Civil Rights and Civil Liberties.

SEC.___.—ENHANCED OVERSIGHT OF ARTIFICIAL INTELLIGENCE-ENABLED

SYSTEMS AT THE DEPARTMENT OF HOMELAND SECURITY.—

(a) AMENDMENT TO DUTIES AND RESPONSIBILITIES OF CIVIL RIGHTS AND

CIVIL LIBERTIES OFFICER.—Section 345 of title 6, United States Code, is amended in

paragraph (a)(5), by—

(1) striking the final “and” in subparagraph (A);

(2) redesignating subparagraph (B) as subparagraph (C); and

(3) adding a new subparagraph (B), as follows:

“(B) ensure that the legal and approval processes for the

procurement and use of artificial intelligence-enabled systems, including

associated data of machine learning systems, provide appropriate

consideration to the privacy, civil rights, and civil liberties impacts of such

systems; and”.

(b) AMENDMENT TO DUTIES AND RESPONSIBILITIES OF CHIEF PRIVACY

OFFICER.—Section 142 of title 6, United States Code, is amended in paragraph (a)(5),

by—

(1) striking the final “and” in subparagraph (A);

(2) redesignating subparagraph (B) as subparagraph (C); and

(3) adding a new subparagraph (B), as follows:

“(B) ensure that the legal and approval processes for the

procurement and use of artificial intelligence-enabled systems, including

associated data of machine learning systems, provide appropriate

consideration to the privacy, civil rights, and civil liberties impacts of such

systems; and”.

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LIBERTIES ISSUES.—Not later than 270 days after the date of the enactment of this Act—

(1) the Secretary of Homeland Security shall revise the legal and approval

processes for the procurement and use of artificial intelligence-enabled systems,

including associated data of machine learning systems, to ensure that full

consideration is given, with the participation of the Department’s Chief Privacy

Officer and the Officer for Civil Rights and Civil Liberties, to the privacy, civil rights,

and civil liberties impacts of such systems; and

(2) the Department’s Chief Privacy Officer and the Officer for Civil Rights

and Civil Liberties shall report to Congress on any additional staffing or funding

resources that may be required to carry out the requirements of this section.

Establish a task force to assess the privacy and civil rights and civil liberties implications

of AI and emerging technologies.

SEC.___.—TASK FORCE ON ORGANIZATIONAL STRUCTURE FOR ARTIFICIAL

INTELLIGENCE GOVERNANCE AND OVERSIGHT.—

(a) ESTABLISHMENT.—Not later than 90 days after the date of the enactment

of this Act, the President shall appoint a task force to assess the privacy, civil rights, and

civil liberties implications of artificial intelligence and emerging technologies. This includes

identifying policy and legal gaps and making recommendations to ensure that uses of

artificial intelligence and associated data in U.S. government operations comport with

freedom of expression, equal protection, privacy, and due process. The task force shall—

(1) assess existing policy and legal gaps for current AI applications and

emerging technologies, and make recommendations for—

(A) legislative and regulatory reforms on the development and

fielding of AI and emerging technologies; and

(B) institutional changes to ensure sustained assessment

and recurring guidance on privacy and civil liberties implications of AI

applications and emerging technologies.

(b) MEMBERSHIP OF TASK FORCE.—

(1) The task force shall include—

(A) the Attorney General or his or her designee;

(B) the Director of the Office of Management and Budget or his or

her designee;

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Technology or his or her designee;

(D) the Comptroller General or his or her designee;

(E) the Inspectors General for the following agencies:

(i) the Department of State;

(ii) the Department of the Treasury;

(iii) the Department of Defense;

(iv) the Department of Justice;

(v) the Department of Health and Human Services;

(vii) the Department of Homeland Security;

(viii) the Office of the Director of National Intelligence; and

(ix) the Central Intelligence Agency.

(F) the chief privacy and civil liberties officers of each agency

described in subparagraph (E);

(G) the Chair of the Privacy and Civil Liberties Oversight Board;

(H) the Chair of the National Artificial Intelligence Advisory

Committee’s Subcommittee on Artificial Intelligence and Law Enforcement;

and

(I) representatives from civil society, including organizational

leaders with expertise in technology, privacy, civil liberties, and civil rights,

representatives from industry, and representatives from academia, as

appointed by the President.

(2) TASK FORCE CHAIR AND VICE CHAIR.—The President shall

designate a Chair and Vice Chair of the task force from among its members.

subsection (a) shall—

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(1) conduct an assessment and make recommendations to Congress and

to the President to ensure that the development and fielding of artificial intelligence

and other emerging technologies by the Federal Government provides protections

for the privacy, civil liberties, and civil rights of U.S. persons as appropriately

balanced against critical law enforcement and national security needs;

(2) issue criteria for identifying qualified artificial intelligence systems

and significant system refreshes requiring Artificial Intelligence Risk Assessment

Reports and Artificial Intelligence Impact Assessments, under section [XX] of this

Act;

(3) recommend baseline standards for Federal Government use of

biometric identification technologies, including, but not limited to, facial recognition,

voiceprint, gait recognition, and keyboard entry technologies;

(4) recommend proposals to address any gaps in Federal law or regulation

with respect to facial recognition technologies in order to enhance protections of

privacy, civil liberties, and civil rights of U.S. persons;

(5) recommend best practices and contractual requirements to strengthen

protections for privacy, information security, fairness, non-discrimination,

auditability, and accountability in artificial intelligence systems and technologies

and associated data procured by the federal government;

(6) consider updates to and reforms of government data privacy and

retention requirements to address implications to privacy, civil liberties, and civil

rights;

(7) assess ongoing efforts to regulate commercial development and fielding

of artificial intelligence and associated data in light of privacy, civil liberties, and

civil rights implications, and as appropriate, consider and recommend institutional

or organizational changes to facilitate applicable regulation; and

(8) assess the utility of establishing a new organization within the Federal

Government to provide ongoing governance for and oversight over the fielding

of artificial intelligence technologies by Federal agencies as technological

capabilities evolve over time.

(d) ORGANIZATIONAL CONSIDERATIONS.—In conducting the assessment

required by subsection (c)(7), the task force shall consider—

(1) the organizational placement, structure, composition, authorities, and

resources that a new organization would require to provide ongoing guidance and

baseline standards for—

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(A) the Federal Government’s development, acquisition, and

fielding of artificial intelligence systems to ensure they comport with

privacy, civil liberties, and civil rights and civil liberties law, to include

guardrails for their use and to disallow outcomes to be incorporated in

policy and embedded in system development; and

(B) providing transparency to oversight entities and the public

regarding the Federal Government’s use of artificial systems and the

performance of those systems.

(2) the existing interagency and intra-agency efforts to address AI

oversight;

(3) the need for and scope of national security carve outs, and any

limitations or protections that should be built into any such carve outs; and

(4) the research, development, and application of new technologies to

mitigate privacy and civil liberties risks inherent in artificial intelligence systems.

(e) REPORTING.—

(1) Not later than 180 days of establishment, the task force shall issue

a report to Congress and the President with its legislative and regulatory

recommendations. The task force shall provide periodic updates to the President

and the Congress.

(2) Within a year of its establishment, the task force shall issue a report to the

President and the Congress with its assessment on organizational considerations,

to include any recommendations for organizational changes.

CHAPTER 10: THE TALENT COMPETITION

Blueprint for Action

Recommendation: Pass a National Security Immigration Act.

1) Grant Green Cards to All Students Graduating with STEM PhDs from Accredited

American Universities.

2) Double the Number of Employment Based Green Cards.

3) Create an Entrepreneur Visa.

4) Create an Emerging and Disruptive Technology Visa.

NATIONAL SECURITY IMMIGRATION ACT OF 2021

SECTION. 1.—SHORT TITLE.—This Act may be cited as the “National Security

Immigration Act of 2021.”

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APPENDIX D

SEC. 2.—GREEN CARDS FOR STUDENTS GRADUATING FROM ACCREDITED

AMERICAN UNIVERSITIES WITH DOCTORATES IN THE FIELDS OF SCIENCE,

TECHNOLOGY, ENGINEERING, AND MATHEMATICS.—Section 1151 of title 8, United

States Code, is amended in subsection (b)(1), by adding a new subparagraph (F), as

follows:

“(F) Aliens who have been awarded doctoral degrees in the fields of science,

technology, engineering, and mathematics by accredited universities in the United States.”

SEC.

3.—INCREASED AUTHORIZATION FOR EMPLOYMENT-BASED

IMMIGRATION.—Section 1151 of title 8, United States Code, as amended by section 2,

is further amended in subsection (d)(1)(A) by striking “140,000” and inserting “280,000”.

SEC. 4.—ENTREPRENEUR VISAS FOR HIGH PRIORITY SCIENCE AND TECHNOLOGY

FIELDS AS DETERMINED BY NATIONAL SCIENCE FOUNDATION.—Section 1153 of

title 8, United States Code, is amended in subsection (b)(5)—

(1) By redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E);

and

(2) By adding a new subparagraph (C), as follows:

“(C) PRIORITY FOR ENTREPRENEURS IN CERTAIN SCIENCE

AND TECHNOLOGY FIELDS.—

“(i) Priority under this section shall be given to qualified immigrants

who engage in new commercial enterprises in high priority science and technology

fields, including artificial intelligence-enabled technology fields, as determined by

the National Science Foundation.

“(ii) A qualified immigrant under this paragraph section shall not be

required to meet the capital investment requirement in clause (A)(i) if the qualified

immigrant is one of the principal organizers and operators of a new commercial

enterprise described in clause (i).”

SEC. 5.—VISA FOR EMERGING AND DISRUPTIVE TECHNOLOGIES.—Section 1151

of title 8, United States Code, as amended by Sections 2 and 3, is further amended in

subsection (b)(1), by adding a new clause (G), as follows:

“(G) Aliens who are students, researchers, entrepreneurs, and technologists in

critical emerging and disruptive technology fields, as determined by the National Science

Foundation.”

SEC. 6.—DETERMINATIONS BY THE NATIONAL SCIENCE FOUNDATION.—Not later

than 180 days after the date of the enactment of this Act, and every three years thereafter,

the National Science Foundation shall publish a list of—

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(1) high priority science and technology fields in which qualified immigrants will

be eligible for consideration for entrepreneur visas under section 1153(b)(5)(C) of title 8,

United States Code, as amended; and

(2) critical emerging and disruptive technology fields in which qualified immigrants

will be eligible for consideration for student, researcher, and entrepreneur visas under

section 1151(b)(1)(G) of title 8, United States Code, as amended.

CHAPTER 11: ACCELERATING AI INNOVATION

Blueprint for Action

Recommendation: Scale and Coordinate Federal AI R&D Funding.

Component 1: Establish a National Technology Foundation.

THE NATIONAL TECHNOLOGY FOUNDATION ACT OF 2021

SECTION 1.—SHORT TITLE.—This Act may be cited as the “National Technology

Foundation Act of 2021.”

SEC. 2.—ESTABLISHMENT OF NATIONAL TECHNOLOGY FOUNDATION.—There is

established in the executive branch of the Government an independent agency to be

known as the National Technology Foundation (hereinafter referred to as the “Foundation”).

The Foundation shall consist of a National Technology Board (hereinafter referred to as the

“Board”) and a Director of the Foundation (hereinafter referred to as the “Director”).

SEC. 3.—NATIONAL TECHNOLOGY BOARD.—

(a) The Board shall consist of twenty-four members to be appointed by the President

and of the Director ex officio. In addition to any powers and functions otherwise granted

to it by this chapter, the Board shall establish the policies of the Foundation, within the

framework of applicable national policies as set forth by the President and the Congress.

(b) The term of office of each member of the Board shall be six years; except

that any member appointed to fill a vacancy occurring prior to the expiration of the term

for which his predecessor was appointed shall be appointed for the remainder of such

term. Any person, other than the Director, who has been a member of the Board for twelve

consecutive years shall thereafter be ineligible for appointment during the two-year period

following the expiration of such twelfth year.

SEC. 4.—DIRECTOR OF THE FOUNDATION.—The Director shall be appointed by the

President, by and with the advice and consent of the Senate. Before any person is appointed

as Director, the President shall afford the Board an opportunity to make recommendations

to the President with respect to such appointment. The Director shall receive basic pay

at the rate provided for level II of the Executive Schedule under Section 5313 of title 5,

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APPENDIX D

United States Code, and shall serve for a term of six years unless sooner removed by the

President.

SEC. 5.—DEPUTY DIRECTOR OF THE FOUNDATION.—The Deputy Director (hereinafter

referred to as the “Deputy Director”) shall be appointed by the President, by and with the

advice and consent of the Senate. Before any person is appointed as a Deputy Director, the

President shall afford the Board and the Director an opportunity to make recommendations

to the President with respect to such appointment. The Deputy Director shall receive basic

pay at the rate provided for level III of the Executive Schedule under section 5314 of title

5, United States Code, and shall perform such duties and exercise such powers as the

Director may prescribe. The Deputy Director shall act for, and exercise the powers of, the

Director during the absence or disability of the Director, or in the event of a vacancy in the

office of Director.

SEC. 6.—GENERAL AUTHORITY OF THE FOUNDATION.—

(a) The Foundation shall have the authority, within the limits of available

appropriations, to do all things necessary to carry out the provisions of this chapter,

including, but without being limited thereto, to—

(1) distribute other payments for research and development in priority

technology areas through grants, cooperative agreements, and contracts awarded

to academic and private sector researchers, nonprofits, and consortia through

competitive processes without regard to the provisions of sections 3324(a) and (b)

of title 31, United States Code;

(2) establish an innovation unit in which independent program managers,

brought into the Foundation on the basis of term appointments, fund proposals

from both industry and academia to advance solutions to forward-looking research

questions in priority technology areas;

(3) organize prize competitions to catalyze research around significant

technology challenge problems;

(4) manage national technology resources, infrastructure, and initiatives

that are assigned to the Foundation by statute or executive order;

(5) promote the commercialization of new technologies in priority

technology areas and the transfer of such technologies to Federal, State and local

government entities; and

(6) serve as a focal point for international research and development

collaboration and standards-setting dialogues in priority technology areas.

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SEC. 7.—PRIORITY TECHNOLOGY AREAS.—

(a) CORE DIRECTORATES.—The Foundation shall be organized into a set of core

directorates, each dedicated to advancing fundamental research into a priority technology

area.

(b) PRIORITY TECHNOLOGY AREAS.—Priority technology areas shall include—

(1) artificial intelligence;

(2) biotechnology;

(3) quantum computing;

(4) semiconductors and advanced hardware;

(5) robotics and autonomy;

(6) fifth-generation and advanced networking;

(7) advanced manufacturing;

(8) energy technology; and

(9) any other technology area designated by the Congress or the Board.

(1) ADDING OR DELETING KEY TECHNOLOGY FOCUS AREAS.—

Beginning on the date that is four years after the date of enactment of this Act and

every four years thereafter, the Director, acting through the Deputy Director shall—

(A) review the list of key technology focus areas, in consultation

with the Board; and

(B) as part of that review, may add or delete key technology focus

areas if the competitive threats to the United States have shifted and

whether the United States or other nations have advanced or fallen behind

in a technological area.

(2) LIMIT ON KEY TECHNOLOGY FOCUS AREAS.—Not more than ten

key technology focus areas shall be included on the list of key technology focus

areas at any time.

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(3) UPDATING FOCUS AREAS AND DISTRIBUTION.—Upon the

completion of each review under this subsection, the Director shall make the list

of key technology focus areas readily available and publish the list in the Federal

SEC. 8.—ADMINISTRATIVE MATTERS.—

(a) HIRING AUTHORITY.—

(1) PRIORITY TECHNOLOGY EXPERTS.—The Director shall have the

authority to carry out a program of personnel management authority for the

Foundation in the same manner, and subject to the same requirements, as the

program of personnel management authority authorized for the Director of the

Defense Advanced Research Projects Agency under section 1599h(a)(2) of title

10, United States Code, for the Defense Advanced Research Projects Agency.

(2) HIGHLY QUALIFIED EXPERTS.—In addition to the authority provided

under subsection (A), the Director shall have the authority to carry out a program

of personnel management authority for the Foundation in the same manner, and

subject to the same requirements, as the program to attract highly qualified experts

carried out by the Secretary of Defense under section 9903 of title 5, United States

Code.

(3) ADDITIONAL HIRING AUTHORITY.—To the extent needed to carry

out the duties of the Foundation, the Director shall utilize hiring authorities under

section 3372 of title 5, United States Code, to staff the Foundation with employees

from other Federal agencies, State and local governments, Indian tribes and

tribal organizations, institutions of higher education, and other organizations, as

described in that section, in the same manner and subject to the same conditions.

(b) EMPLOYMENT AND COMPENSATION OF CERTAIN PERSONNEL.—

(1) PROGRAM MANAGERS.—The employees of the Foundation may

include program managers, who shall perform a role similar to program managers

employed by the Defense Advanced Research Projects Agency, for the oversight

and selection of programs supported by the Foundation.

(2) COMPENSATION OF MEMBERS OF BOARD.—The members of the

Board shall be entitled to receive compensation for each day engaged in the

business of the Foundation at a rate fixed by the Chairman but not exceeding

the maximum rate payable under section 5376 of title 5, United States Code, and

shall be allowed travel expenses as authorized by 5703 of title 5, United States

Code. For the purposes of determining the payment of compensation under this

subsection, the time spent in travel by any member of the Board shall be deemed

as time engaged in the business of the Foundation. Members of the Board and

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members of special commissions may waive compensation and reimbursement

for traveling expenses.

SEC. 9.—INTERNATIONAL COOPERATION.—

(a) INTERNATIONAL AUTHORITY.—The Foundation is authorized to cooperate in

any international technology activities consistent with the purposes of this Act and to expend

for such international technology activities such sums within the limit of appropriated funds

as the Foundation may deem appropriate.

(b) CONTRACTS AND ARRANGEMENTS.—

(1) The authority to enter into contracts or other arrangements with

organizations or individuals in foreign countries and with agencies of foreign

countries, as provided in section 1870(c) of title 42, United States Code, and

the authority to cooperate in international scientific or engineering activities as

provided in subsection (a) of this section, shall be exercised only with the approval

of the Secretary of State, to the end that such authority shall be exercised in such

manner as is consistent with the foreign policy objectives of the United States.

(2) If, in the exercise of the authority referred to in paragraph (1) of this

subsection, negotiation with foreign countries or agencies thereof becomes

necessary, such negotiation shall be carried on by the Secretary of State in

consultation with the Director.

SEC. 10.—SECURITY PROVISIONS.—

(a) RESEARCH RELATED TO NUCLEAR ENERGY.— The Foundation shall not

support any research or development activity in the field of nuclear energy, nor shall it

exercise any authority pursuant to section 1870(e) of title 42, United States Code, in respect

to that field, without first having obtained the concurrence of the Secretary of Energy that

such activity will not adversely affect the common defense and security. To the extent

that such activity involves restricted data as defined in the Atomic Energy Act of 1954,

the provisions of that Act regarding the control of the dissemination of restricted data and

the security clearance of those individuals to be given access to restricted data shall be

applicable. Nothing in this chapter shall supersede or modify any provision of the Atomic

Energy Act of 1954.

(b) RESEARCH RELATION TO NATIONAL DEFENSE.—

(1) In the case of priority technology area research activities under this

Act in connection with matters relating to the national defense, the Secretary of

Defense shall establish such security requirements and safeguards, including

restrictions with respect to access to information and property, as the Secretary of

Defense deems necessary.

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(2) Any agency of the Government exercising investigatory functions

otherwise within its jurisdiction is authorized to make such investigations and

reports as may be requested by the Foundation in connection with the enforcement

of security requirements and safeguards, including restrictions with respect

to access to information and property, established under paragraph (1) of this

subsection.

SEC. 11.—REPORTS.—

(a) INITIAL REPORT.—Not later than one year after the date of enactment of this

Act, the Director shall transmit to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Science, Space, and Technology of the House of

Representatives a report regarding the establishment of the Foundation. The report shall

include an assessment of the priority technology focus areas as defined in this Act and of

authorities that conflict with the National Science Foundation.

(b) ANNUAL REPORTS.—

(1) The Board shall submit to the President and the Congress no later than

January 15 of each even numbered year, a report on indicators of the state of the

priority technology areas in the United States, as defined in this Act.

(2) The Board shall render to the President and the Congress reports

on specific, individual policy matters within the authority of the Foundation (or

otherwise as requested by the Congress or the President) related to priority

technology areas, as the Board, the President, or the Congress determines the

need for such reports.

SEC. 12.—AUTHORIZATION OF APPROPRIATIONS.—

(a) INITIAL APPROPRIATION.—To enable the Foundation to carry out its powers

and duties, including the establishment of a physical location, there is authorized to be

appropriated to the Foundation $30,000,000 for the first fiscal year following the enactment

of this Act. Appropriations made pursuant to the authority provided in this subsection

shall remain available for obligation, for expenditure, or for obligation and expenditure until

expended for the Foundation’s initial administrative costs and salaries and expenses.

(b) ANNUAL APPROPRIATION.—There are authorized to be appropriated for the

Foundation, in addition to the appropriation provided in subsection (a) of this section and

any other funds made available to the Foundation, a total of $51,000,000,000 for fiscal

years 2022 through 2026, of which—

(A)

$1,000,000,000 is authorized for fiscal year 2022;

(B)

$5,000,000,000 is authorized for fiscal year 2023;

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(C)

$10,000,000,000 is authorized for fiscal year 2024;

(D)

$15,000,000,000 is authorized for fiscal year 2025; and

(E)

$20,000,000,000 is authorized for fiscal year 2026.

The Commission acknowledges additional authorities may be required to establish the

NTF, including administrative, financial, and educational authorities mirroring those of

the National Science Foundation, and that amendments to the NSF’s statutory authorities

may be required to alleviate duplication of duties. The Commission is ready to work with

Congress to address such provisions.

Component 4: Invest in Talent that Will Transform the Field.

Direct and fund establishment of an AI Innovator Award.

Direct and fund establishment of a team-based AI research award.

SEC. ___.—ARTIFICIAL INTELLIGENCE AWARD PROGRAM.—

(a) ARTIFICIAL INTELLIGENCE INNOVATOR AWARD.—

(1) IN GENERAL.—The Director of the National Science Foundation shall

partner with a nonprofit organization as described in subsection (c) to establish

an Artificial Intelligence Innovator Award program to recognize and support the

research of leaders in the field of artificial intelligence.

(2) ARTIFICIAL INTELLIGENCE INNOVATOR AWARD RECIPIENTS.—

The Artificial Intelligence Award Selection Committee as described in subsection

(d) shall select no fewer than 10 and no more than 20 award recipients each year.

Recipients shall be selected for five-year, renewable award terms, based on a

proven track record of prior innovation, a proposed general research program,

a commitment to spend 75 percent of the recipients’ time on research, and the

committee’s assessment of the potential of the research to generate breakthroughs

in the area of artificial intelligence. Award amounts shall be determined by the

selection committee with the objective of covering the full salary and benefits of

the researcher and the cost of associated support staff and research equipment.

(b) ARTIFICIAL INTELLIGENCE TEAM AWARD.—

(1) IN GENERAL.—The Director of the National Science Foundation shall

partner with a nonprofit organization as described in subsection (c) to establish

an Artificial Intelligence Team Award program to support interdisciplinary research

directed at applying artificial intelligence to solve complex problems or pursuing

use-inspired basic research efforts to advance a fundamental understanding of

the science of artificial intelligence in a manner that provides a significant benefit

to society.

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(2) ARTIFICIAL INTELLIGENCE TEAM AWARD RECIPIENTS.—The

Artificial Intelligence Innovator Awards Selection Committee as described in

paragraph (d) shall select no fewer than five and no more than 10 team recipients

each year. Recipients shall be selected for five-year, nonrenewable terms,

based on team qualifications, commitment to multi-disciplinary approaches,

and innovative research proposals. Award amounts shall be determined by the

selection committee with the objective of covering the cost of carrying out the

proposed research proposal.

shall partner with a nonprofit organization active in the field of computer science and

artificial intelligence that maintains the requisite expertise and connections to the artificial

intelligence research community to identify promising talent and invest in innovative ideas

and to manage the award programs described in subsections (a) and (b), including to

administer the programs and arrange the annual meeting.

(d) ARTIFICIAL INTELLIGENCE AWARD SELECTION COMMITTEE.—Recipients

of the Artificial Intelligence Innovator Award and the Artificial Intelligence Team Award shall

be selected by a rotating committee of artificial intelligence experts known as the Artificial

Intelligence Award Selection Committee. The Committee shall consist of members chosen

for their first-hand experience in artificial intelligence research and their familiarity with

the frontiers of the field. Committee member selection shall be made by the nonprofit

organization partner identified under subsection (c), in consultation with the Director of the

National Science Foundation or designee.

(e) ANNUAL MEETING.—The Director of the National Science Foundation shall

sponsor an annual meeting of recipients of the Artificial Intelligence Innovator Award and

the Artificial Intelligence Team Award, at which the award recipients shall share information

on the progress of their work.

(f) OTHER SOURCES OF FUNDING.—Nothing in this section shall be interpreted to

preclude a recipient of an Artificial Intelligence Innovator Award or an Artificial Intelligence

Team Award from pursuing supplemental government research grant or other research

support provided by individuals, nonprofits and corporations, provided that such additional

funding does not interfere with the recipient’s commitment to the research program or

require the assignment of ownership of intellectual property in a manner that would be

inconsistent with the provisions of the Bayh-Dole Act, Public Law 96-517.

(g) INDEPENDENT REVIEW.—The Director of the National Science Foundation

shall engage an independent entity to conduct a review to assess the successes and

failures of the awards program authorized by this section, evaluate the impact of the funding

level and award term on the research conducted by participants, and recommend any

needed changes to the program (including any expansion or contraction in the number of

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awards). The findings of the independent review shall be delivered to Congress not later

than seven years after the commencement of the program.

(h) AUTHORIZATION OF APPROPRIATION.—

(1) There is authorized to be appropriated for each of the fiscal years 2022

through 2028

$125,000,000 for the Artificial Intelligence Innovator Award.

(2) There is authorized to be appropriated for the Artificial Intelligence

Team Award—

(A)

$50,000,000 for fiscal year 2022;

(B)

$100,000,000 for fiscal year 2023;

(C)

$150,000,000 for fiscal year 2024;

(D)

$200,000,000 for fiscal year 2025; and

(E)

$250,000,000 for fiscal years 2026 through 2028.

Recommendation: Leverage Both Sides of the Public-Private Partnership.

Component 2: Form a Network of Regional Innovation Clusters Focused on Strategic

Emerging Technologies.

SEC.

___.—ESTABLISHMENT OF A NATIONAL NETWORK FOR REGIONAL

INNOVATION IN EMERGING TECHNOLOGIES.—

(a) ESTABLISHMENT OF NATIONAL PROGRAM OFFICE.—The Secretary of

Commerce shall establish, within the National Institute of Standards and Technology, a

National Program Office for Regional Innovation in Emerging Technologies (referred to in

this section as the ‘National Program Office’).

(b) DUTIES AND RESPONSIBILITIES.—The National Program Office, in

coordination with representatives of Federal agencies with experience in and missions

related to emerging technologies, shall—

(1) oversee the planning, development, management, and coordination of

a National Network for Regional Innovation in Emerging Technologies (referred to

in this section as the “National Network”);

(2) develop, not later than one year after the date of enactment, and update

not less frequently than once every three years thereafter, a strategic plan to

guide the development of the National Network to include identification of priority

emerging technologies critical to national security or national competitiveness;

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(3) use a competitive process to designate and provide financial assistance

to regional innovation clusters that enable United States leadership in emerging

technologies and support regional economic development throughout the United

States;

(4) establish within each regional innovation cluster in the National Network

a Technology Research Center for the purpose of facilitating collaboration among

regional innovation cluster participants;

(5) establish such procedures, processes, and criteria as may be

necessary and appropriate to coordinate the activities of the National Network and

to maximize participation in and coordination with the National Network by Federal

agencies that field or operate systems that incorporate emerging technologies;

(6) establish a clearinghouse of public information related to the activities

of the National Network; and

(7) act as a convener of the National Network.

INNOVATION CLUSTERS.—The National Program Office shall use a competitive process

to designate and provide financial assistance to regional innovation clusters based on the

following criteria:

(1) the equitable distribution of regional innovation clusters throughout the

United States, taking into account factors such as proximity to the research and

development facilities of Federal agencies, the level of support from state and

local governments, the presence of and value proposition for leading firms and

research institutions in relevant fields, and the size and education level of the local

workforce;

(2) the capacity of regional innovation clusters to support the research,

development, and commercialization of specific emerging technologies in areas

that are critical to United States national competitiveness; and

(3) the clear potential for future development of regional innovation clusters

that are not yet established technology hubs.

(d) TECHNOLOGY RESEARCH CENTERS.—The National Program Office shall

establish within each regional innovation cluster in the National Network a Technology

Research Center for the purpose of facilitating collaboration between regional innovation

cluster participants. The Technology Research Centers shall—

(1) form sustained partnerships with anchor institutions in the region;

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(2) host researchers on temporary assignments from Federal agencies,

establish talent exchanges with local firms and research institutions, and fund

multi-year, post-doctoral fellowships for the commercialization of research;

(3) host program managers from Federal agencies responsible for

transitioning basic research into commercially viable technologies, identifying

national security use cases and end users within the Federal Government, and

initiating new Federal Government contracts to support technology transition;

(4) facilitate low cost access by regional innovation cluster participants

to computing resources, curated datasets, testing infrastructure and ranges,

and other research and development facilities owned or operated by the Federal

government;

(5) establish intellectual property sharing agreements with regional

innovation cluster participants to encourage Federal government adoption of

commercial technologies; and

(6) when appropriate, provide for the publication of research in the open-

source domain to encourage advances in the science and technology community

more broadly.

(e) OTHER MATTERS.—

(1) RECOMMENDATIONS.—In developing and updating the strategic plan

under subsection (b)(2), the National Program Office shall solicit recommendations

and advice from a wide range of stakeholders, including industry, small and

medium-sized enterprises, research universities, community colleges, state and

local elected officials, and other relevant organizations and institutions on an

ongoing basis.

(2) REPORT TO CONGRESS.—Upon completion of the strategic plan

required by subsection (b)(2) or an update thereof, the National Program Office

shall transmit the strategic plan to the Committee on Commerce, Science,

and Transportation of the Senate and the Committee on Science, Space, and

Technology of the House of Representatives.

(3) DETAILEES.—Any Federal Government employee may be detailed to

the National Program Office without reimbursement. Such detail shall be without

interruption or loss of civil service status or privilege.

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(f) DEFINITIONS.—

(1) REGIONAL INNOVATION CLUSTER.—The term “regional innovation

cluster” means a geographically bounded network of similar, synergistic, or

complementary entities that —

(A) are engaged in or with a particular industry sector and its

related sectors;

(B) have active channels for business transactions and

communication;

and

(D) leverage the region’s unique competitive strengths to stimulate

innovation and create jobs.

(2) EMERGING TECHNOLOGIES.—For the purposes of this section

the term “emerging technologies” may include such technologies as artificial

intelligence, microelectronics, quantum computing, biotechnology, any associated,

enabling or successor technologies, or any technologies identified by the National

Program Office to be critical to national security or national competitiveness.

(g) AUTHORIZATION OF APPROPRIATION.—There is authorized to be

appropriated to the Secretary of Commerce to carry out this section $5,000,000 for fiscal

year 2022.

CHAPTER 14: TECHNOLOGY PROTECTION

Blueprint for Action

Recommendation: Reform CFIUS for Emerging Technology Competition.

Amend CFIUS’ authorizing legislation to require competitors to disclose investments in

“sensitive technologies” to CFIUS.

SEC. ___. REVIEW OF SENSITIVE TRANSACTIONS INVOLVING COUNTRIES OF

SPECIAL CONCERN.

(a) TECHNICAL AMENDMENTS.—Section 721(a) of the Defense Production Act

of 1950 (50 USC 4565(a)) is amended by redesignating paragraphs (4), (5), (6), (7), (8), (9),

(10), (11), (12), and (13) as paragraphs (5), (6), (7), (9), (10), (11), (12), (13), (15), and (16),

respectively.

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(b) DEFINITION OF COUNTRY OF SPECIAL CONCERN.—Section 721(a) of the

Defense Production Act of 1950 (50 USC 4565(a)) is amended by inserting after paragraph

(3) the following:

“(4) COUNTRY OF SPECIAL CONCERN.—The term “country of special

concern” means any country that is—

“(A) subject to export restrictions pursuant to section 744.21 of

title 15, Code of Federal Regulations;

“(B) determined by the Secretary of State to be a state sponsor of

terrorism; or

“(C) determined by the Committee to have a demonstrated or

declared strategic goal of acquiring a type of technology or infrastructure

that would have an adverse impact on United States leadership in areas

related to national security, and is specified in regulations prescribed by

the Committee.”

Production Act of 1950 (50 USC 4565(a)) is amended by inserting after redesignated

paragraph (7) the following:

“(8) SENSITIVE TECHNOLOGY.—The term ‘sensitive technology’ means

any technology that is determined by the Committee to be necessary for maintaining

or increasing the technological advantage of the United States over countries of

special concern with respect to national defense, intelligence, or other areas of

national security, or gaining such an advantage over such countries with respect

to national defense, intelligence, or other areas of national security in areas where

such an advantage may not exist, and is not a critical technology as defined in

paragraph (7) of this subsection, and is specified in regulations prescribed by the

Committee.

(d) DEFINITION OF SENSITIVE TRANSACTION INVOLVING A COUNTRY OF

SPECIAL CONCERN.—Section 721(a) of the Defense Production Act of 1950 (50 USC

4565(a)) is amended by inserting after redesignated paragraph (13) the following:

“(14) SENSITIVE TRANSACTION INVOLVING A COUNTRY OF SPECIAL

CONCERN.—The term ‘sensitive transaction involving a country of special

concern’ means any investment in an unaffiliated United States business by a

foreign person that—

“(A) is—

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“(i) a national or a government of, or a foreign entity organized

under the laws of, a country of special concern; or

“(ii) a foreign entity—

“(I) over which control is exercised or exercisable by a

national or a government of, or by a foreign entity organized under

the laws of, a country of special concern; or

“(II) in which the government of a country of special

concern has a substantial interest; and

“(B) as a result of the transaction, could achieve-—

“(i) influence, other than through voting of shares, on substantive

decision making of the United States business regarding the use,

development, acquisition, or release of sensitive technologies, as defined

in this section; or—

“(ii) access to material nonpublic technical information related to

sensitive technologies, as defined in this section, in the possession of the

United States business.”

(e) DEFINITION OF COVERED TRANSACTIONS.—Section 721(a) of the Defense

Production Act of 1950 (50 USC 4565(a)) is amended—

(1) in redesignated paragraph (5)(B)—

(A) in clause (iv)(I), by striking “or”;

(B) in clause (iv)(II), by striking the period and inserting “; or”; and

“(III) a sensitive transaction involving a country of special

concern.”

(2) by redesignating clause (v) as clause (vi) and inserting after clause (iv)

the following:

“(v) Any sensitive transaction involving a country of special

concern.”

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(f) INFORMATION REQUIRED IN ANNUAL REPORT TO CONGRESS.—Section

721(m)(2) of the Defense Production Act of 1950 (50 USC 4565(m)(2)) is amended by

adding at the end the following:

“(L) Identification of each country designated as a country of

special concern along with an explanation of the rationale for such

designation.

“(M) Identification of each technology designated as a sensitive

technology along with an explanation of the rationale for such designation.”

(g) MANDATORY DECLARATIONS.—Section 721(b)(1)(C)(v)(IV)(bb)(AA) of the

Defense Production Act of 1950 (50 USC 4565(b)(1)(C)(v)(IV)(bb)(AA)) is amended by

inserting before the period “or is a sensitive transaction involving a country of special

concern”.

(h) CONFORMING AMENDMENTS.—Title 50, United States Code, is amended—

(1) in section 4817(a)(1)(B) by striking “section 4565(a)(6)(A)” and inserting

“section 4565(a)(7)(A)”;

(2) in section

4565(b)(4)(B)(ii)

(section

721(b)(4)(B)(ii) of the Defense

Production Act of

1950) by striking

“subsection

(a)(4)(B)(ii)” and inserting

“subsection (a)(5)(B)(ii)”;

(3) in section 4565(b)(1)(c)(v)(III)(bb)(AA) (section 721(b)(1)(c)(v)(III)(bb)

(AA) of the Defense Production Act of 1950) by striking “subsection (a)(4)(B) (iii)”

and inserting “subsection (a)(5)(B)(iii)”;

(4) in section 4565(b)(1)(c)(v)(III)(bb)(BB) (section 721(b)(1)(c)(v)(III)(bb)

(BB) of the Defense Production Act of 1950) by striking “subsection (a)(4)(B)(iii)”

and inserting “subsection (a)(5)(B)(iii)”;

(5) in section 4565(b)(1)(c)(v)(III)(cc) (section 721(b)(1)(c)(v)(III)(bb) (BB) of

the Defense Production Act of 1950) by striking “subsection (a)(4)(B)(iii)(II)” and

inserting “subsection (a)(5)(B)(iii)(II)”.

Recommendation: Build Capacity to Protect the Integrity of the U.S. Research Environment.

Establish a government-sponsored independent entity focused on research integrity.

SEC. ___.—Establishment of University Affiliated Research Center Focused on

Research Integrity.—

(a) AGREEMENT AUTHORIZED.—Not later than 180 days after the date of the

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enactment of this Act, the Secretary of Defense, acting through the Under Secretary of

Defense for Research and Engineering and in consultation with the Director of the Office

of Science and Technology Policy and other appropriate members of the Federal research

community, shall enter into an agreement with a college or university to establish a

University Affiliated Research Center to act as a center of excellence on research integrity

and provide information and advice on research security.

(b) RESEARCH PURPOSES.—The University Affiliated Research Center

established pursuant to subsection (a) shall—

(1) Maintain open source materials to serve university vetting of international

engagement and risk management, including databases and risk assessment

tools;

(2) Provide tailored guidance to research organizations for decision

support on matters related to research security and integrity;

(3) Conduct comprehensive studies and regular reports on the state of

foreign influence on U.S. research;

(4) Undertake independent investigations on research integrity;

(5) Develop education materials and tools for U.S. universities to build

annual training and compliance initiatives; and

(6) Manage dialogue with stakeholder communities and provide a venue

for information sharing among research organizations and Federal agencies.

Recommendation: Counter Foreign Talent Recruitment Programs.

Mandate and resource compliance operations.

SEC. ___.—Enhanced Review of Risk Posed by Applicants for Federal Grants.—

(a) ENHANCED REVIEW REQUIRED.—Not later than 180 days after the date of

the enactment of this Act, the Director of the Office of Management and Budget shall

revise section 200.206 of Part 2 of the Code of Federal Regulations to ensure that Federal

grant-making agencies maintain compliance operations to guard against malign foreign

talent recruitment programs and to prescribe standardized disclosure and accountability

measures to support such compliance operations.

(b) DEFINITION.—For the purposes of this section, a “malign foreign talent

recruitment program” is an effort directly or indirectly organized, managed, or funded by a

foreign government to recruit science and technology professionals or students (regardless

of citizenship or national origin) engaged in research funded by a federal agency to share

information with or otherwise act on behalf of such foreign government.

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Amend the Foreign Agents Registration Act.

SEC. ___.—AMENDMENT TO FOREIGN AGENTS REGISTRATION ACT. —Section 611

of title 22, United States Code, is amended in paragraph (1) of subsection (c) by—

(1) Striking “and” at the end of clause (iv); and

(2) Inserting at the end a new clause (v), as follows:

“(v) directly or indirectly organizes, manages, or funds an effort to recruit

science and technology professionals or students

(regardless of citizenship

or national origin) engaged in research funded by a Federal agency to share

information with or otherwise act on behalf of a foreign government; and”.

CHAPTER 15: A FAVORABLE INTERNATIONAL TECHNOLOGY ORDER

Blueprint for Action

Recommendation: Develop and Implement a Comprehensive U.S. National Plan to Support

International Technology Efforts.

Core Goal #1: Shape International Technical Standards.

Establish a grant program to enable small- and medium-sized U.S. AI companies to

participate in international standardization efforts.

SEC.

___.—SUPPORT FOR INDUSTRY PARTICIPATION IN INTERNATIONAL

STANDARDS ORGANIZATIONS.—

(a) IN GENERAL.—Not later than 180 days after the date of the enactment of

this Act, the Administrator of the Small Business Administration shall establish a program

to support participation by small business concerns in meetings and proceedings of

international standards organizations in the development of voluntary technical standards.

(b) GRANTS AUTHORIZED.—In carrying out the program authorized by

subsection (a), the Administrator shall award competitive, merit-reviewed grants, to small

business concerns to cover the reasonable costs, up to a specified ceiling, of participation

of employees of such businesses in meetings and proceedings of international standards

organizations. Participation may include regularly attending meetings, contributing

expertise and research, proposing new work items, volunteering for leadership roles such

as convenors and editors, and being early adopters of emerging standards. Recipients of

awards under this subsection shall not be required to provide a matching contribution.

award to covered entities that:

(1) demonstrate deep technical expertise in key emerging technologies,

including Artificial Intelligence and related technologies;

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APPENDIX D

(2) commit personnel with such expertise to regular participation in

international bodies responsible for setting standards for such technologies over

the period of the grant; and

(3) agree to participate in efforts to coordinate between the U.S.

government and industry to ensure protection of national security interests in the

setting of international standards.

(d) EVALUATION.—In issuing awards under this section, the Administrator shall

coordinate with the Director of the National Institute of Standards and Technology who

shall provide support in the assessment of technical expertise in emerging technologies

and standards setting needs.

(e) DEFINITIONS.—In this section:

(1) ADMINISTRATOR.—The term “Administrator” means the Administrator

of the Small Business Administration.

(2) COVERED ENTITY.—The term “covered entity” means a small business

concern that is incorporated in and maintains a primary place of business in the

United States.

(3) SMALL BUSINESS CONCERN.—The term “small business concern”

has the same definition as set out in section 632 of title 15, United States Code.

(f) AUTHORIZATION OF APPROPRIATION.—There is authorized to be

appropriated for fiscal year 2022 and each fiscal year thereafter $1,000,000 to carry out

the program authorized in this section.

Core Goal #2: Implement a Coordinated U.S. National Policy for the IDDI.

Create an allocated Emerging Technology Fund for foreign operations and related programs

of USAID and the Department of State.

SEC. ___.—EMERGING TECHNOLOGY FUND.—

(a) ESTABLISHMENT.—There is established within the Department of State

an Emerging Technology Fund (“Fund”) to facilitate holistic planning of digital foreign

assistance, digital development projects, emerging technology programs, and other

related initiatives of the Department of State and the United States Agency for International

Development and to ensure the efficient management, coordination, operation, and

utilization of such resources.

(b) FUNDING.—Funds otherwise available for the purposes of subsection (a) may

be deposited in such Fund.

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National Security Commission on Artificial Intelligence. Final Report - page 12