Contact 202.772.5800
News and Analysis of Artificial Intelligence Technology Legal Issues

Trump Signs John S. McCain National Defense Authorization Act, Provides Funds for Artificial Intelligence Technologies

By signing into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (H.R.5515; Public Law No: 115-232; Aug. 13, 2018), the Trump Administration has established a strategy for major new national defense and national security-related initiatives involving artificial intelligence (AI) technologies.  Some of the law’s $717 billion spending authorization for fiscal year 2019 includes proposed funding to assess the current state of AI and deploy AI across the Department of Defense (DOD).  The law also recognizes that fundamental AI research is still needed within the tech-heavy military services.  The law encourages coordination between DOD activities and private industry at a time when some Silicon Valley companies are being pressured by their employees to stop engaging with DOD and other government agencies in AI.

In Section 238 of the law, the Secretary of Defense is to lead “Joint Artificial Intelligence Research, Development, and Transition Activities” to include developing a set of activities within the DOD involving efforts to develop, mature, and transition AI technologies into operational use.  In Section 1051 of the law, an independent “National Security Commission on Artificial Intelligence” is to be established within the Executive Branch to review advances in AI and associated technologies, with a focus on machine learning (ML).

The Commission’s mandate is to review methods and means necessary to advance the development of AI and associated technologies by the US to comprehensively address US national security and defense needs.  The Commission is to review the competitiveness of the US in AI/ML and associated technologies.

“Artificial Intelligence” is defined broadly in Sec. 238 to include the following: (1) any artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets; (2) an artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; (3) an artificial system designed to think or act like a human, including cognitive architectures and neural networks; (4) a set of techniques, including machine learning, that is designed to approximate a cognitive task; and (5) an artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.  Section 1051 has a similar definition.

The law does not overlook the need for governance of AI development activities, and requires regular meetings of appropriate DOD officials to integrate the functional activities of organizations and elements with respect to AI; ensure there are efficient and effective AI capabilities throughout the DOD; and develop and continuously improve research, innovation, policy, joint processes, and procedures to facilitate the development, acquisition, integration, advancement, oversight, and sustainment of AI throughout the DOD.  The DOD is also tasked with studying AI to make recommendations for legislative action relating to the technology, including recommendations to more effectively fund and organize the DOD in areas of AI.

For further details, please see this earlier post.