[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3004 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3004

To specify control and management of Department of Defense data and to 
    establish the Chief Digital and Artificial Intelligence Officer 
               Governing Council, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2023

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

_______________________________________________________________________

                                 A BILL


 
To specify control and management of Department of Defense data and to 
    establish the Chief Digital and Artificial Intelligence Officer 
               Governing Council, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONTROL AND MANAGEMENT OF DEPARTMENT OF DEFENSE DATA AND 
              ESTABLISHMENT OF CHIEF DIGITAL AND ARTIFICIAL 
              INTELLIGENCE OFFICER GOVERNING COUNCIL.

    (a) Control and Management of Department of Defense Data.--The 
Chief Digital and Artificial Intelligence Officer of the Department of 
Defense shall maintain the authority, but not the requirement, to 
access and control, on behalf of the Secretary of Defense, of all data 
collected, acquired, accessed, or utilized by Department of Defense 
components consistent with section 1513 of the James M. Inhofe National 
Defense Authorization Act for Fiscal Year 2023 (Public Law 117-263; 10 
U.S.C. 4001 note).
    (b) Chief Digital and Artificial Intelligence Officer Governing 
Council.--Section 238(d) of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 
note prec. 4061) is amended by striking paragraph (3) and inserting the 
following new paragraph (3):
            ``(3) Chief digital and artificial intelligence officer 
        governing council.--
                    ``(A) Establishment.--(i) The Secretary shall 
                establish a council to provide policy oversight to 
                ensure the responsible, coordinated, and ethical 
                employment of data and artificial intelligence 
                capabilities across Department of Defense missions and 
                operations.
                    ``(ii) The council established pursuant to clause 
                (i) shall be known as the `Chief Digital and Artificial 
                Intelligence Officer Governing Council' (in this 
                paragraph the `Council').
                    ``(B) Membership.--The Council shall be composed of 
                the following:
                            ``(i) Joint Staff J-6.
                            ``(ii) The Under Secretary of Defense for 
                        Acquisition and Sustainment.
                            ``(iii) The Under Secretary of Defense for 
                        Research and Engineering.
                            ``(iv) The Under Secretary of Defense for 
                        Intelligence and Security.
                            ``(v) The Under Secretary of Defense for 
                        Policy.
                            ``(vi) The Director of Cost Analysis and 
                        Program Evaluation.
                            ``(vii) The Chief Information Officer of 
                        the Department.
                            ``(viii) The Director of Administration and 
                        Management.
                            ``(ix) The service acquisition executives 
                        of each of the military departments.
                    ``(C) Head of council.--The Council shall be headed 
                by the Chief Digital and Artificial Intelligence 
                Officer of the Department.
                    ``(D) Meetings.--The Council shall meet not less 
                frequently than twice each fiscal year.
                    ``(E) Duties of council.--The duties of the Council 
                are as follows:
                            ``(i) To streamline the organizational 
                        structure of the Department as it relates to 
                        artificial intelligence development, 
                        implementation, and oversight.
                            ``(ii) To improve coordination on 
                        artificial intelligence governance with the 
                        defense industry sector.
                            ``(iii) To establish and oversee artificial 
                        intelligence guidance on ethical requirements 
                        and protections for usage of artificial 
                        intelligence supported by Department funding 
                        and reduces or mitigates instances of 
                        unintended bias in artificial intelligence 
                        algorithms.
                            ``(iv) To identify, monitor, and 
                        periodically update appropriate recommendations 
                        for operational usage of artificial 
                        intelligence.
                            ``(v) To review, as the head of the Council 
                        considers necessary, artificial intelligence 
                        program funding to ensure that any Department 
                        investment in an artificial intelligence tool, 
                        system, or algorithm adheres to all Department 
                        established policy related to artificial 
                        intelligence.
                            ``(vi) To provide periodic status updates 
                        on the efforts of the Department to develop and 
                        implement artificial intelligence into existing 
                        Department programs and processes.
                            ``(vii) To provide guidance on access and 
                        distribution restrictions relating to data, 
                        models, tool sets, or testing or validation 
                        infrastructure.
                            ``(viii) to implement and oversee a data 
                        and artificial intelligence educational program 
                        for the purpose of familiarizing the Department 
                        at all levels on the applications of artificial 
                        intelligence in their operations.
                            ``(ix) To implement and oversee a data 
                        decree scorecard.
                            ``(x) Such other duties as the Council 
                        determines appropriate.
                    ``(F) Periodic reports.--Not later than 180 days 
                after the date of the enactment of this paragraph and 
                not less frequently than once every 18 months 
                thereafter, the Council shall submit to the Secretary 
                and the congressional defense committees a report on 
                the activities of the Council during the period covered 
                by the report.''.
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