The House and Senate have voted to send this years National Defense Authorization Act (FY 2021 NDAA) to President Trump, who has threatened to veto the $731.6 billion defense policy legislation. While there may be a veto of the NDAA, there is still a good chance it becomes law in the coming weeks.

It is noteworthy that the sprawling, 4,517-page defense bill includes the most substantial legislation addressing artificial intelligence (AI) approved by Congress to date, incorporating landmark legislation setting national policy on the emerging technology already shaping and transforming virtually every aspect of military and civilian life.

The bill includes substantial provisions on the policies related to AI and increased funding for several different agencies to expand work on AI issues and the training of an AI-skilled workforce, among other things.

This publication provides an overview of the key AI initiatives and the funding provided for AI programs.

Legislative status

Both chambers of Congress passed the NDAA conference report resolving differences between the House and Senate versions of the legislation by bipartisan, veto-proof majorities (84-13 in the Senate, 335-78 in the House). Lawmakers are hoping to see a defense authorization bill enacted for the 60th consecutive fiscal year. Even if the bill is vetoed, Congress could override that veto.

Under the Constitution, the president has up to ten days, excluding Sundays, from when the bill was approved in the Senate (Thursday, December 10) to decide whether to sign the bill into law or veto it, which could mean that the bill might be vetoed after members of Congress have left Washington for the Christmas holiday. Leaders in the Democratic-controlled House have vowed to return to DC for a veto override vote before the January 3 swearing-in of the next Congress, but it has not been announced yet what the Republican-controlled Senate plans to do as far as a veto override.

National Artificial Intelligence Initiative Act of 2020 (Division E)

The NDAA includes a 63-page portion of the bill titled Division E, the National Artificial Intelligence Initiative Act of 2020. As explained in the House-Senate Joint Explanatory Statement, the provision was contained only in the version that the House passed earlier this year, but the Senate agreed to include it in the final compromise version with certain changes. Division E draws heavily on legislation introduced earlier this year, (HR 6216), the National Artificial Intelligence Initiative Act of 2020, as well as legislation from 2019, the Artificial Intelligence Initiative Act or AIIA (S 1558), to establish a coordinated, civilian-led federal initiative to accelerate research and development and encourage investments in trustworthy AI systems for the economic and national security of the United States. The NDAA includes both Department of Defense (DoD) and non-DoD AI provisions.

Among the Division E highlights:

The conferees believe that artificial intelligence systems have the potential to transform every sector of the United States economy, boosting productivity, enhancing scientific research, and increasing U.S. competitiveness and that the United States government should use this Initiative to enable the benefits of trustworthy artificial intelligence while preventing the creation and use of artificial intelligence systems that behave in ways that cause harm. The conferees further believe that such harmful artificial intelligence systems may include high-risk systems that lack sufficient robustness to prevent adversarial attacks; high-risk systems that harm the privacy or security of users or the general public; artificial general intelligence systems that become self-aware or uncontrollable; and artificial intelligence systems that unlawfully discriminate against protected classes of persons, including on the basis of sex, race, age, disability, color, creed, national origin, or religion. Finally, the conferees believe that the United States must take a whole of government approach to leadership in trustworthy artificial intelligence, including through coordination between the Department of Defense, the Intelligence Community, and the civilian agencies.

Among the Department of Defense AI highlights:

Other DoD AI provisions:

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Landmark artificial intelligence legislation advances toward becoming law Defense bill awaits possible presidential veto and Congressional override;...