[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Page S3411]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 961. Mr. ROUNDS (for himself and Mr. Manchin) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place in title XVI, insert the 
     following:

     SEC. 16__. 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.--Paragraph (3) of 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 to read as follows:
       ``(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 
     Evaluation.
       ``(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 the National Defense Authorization 
     Act for Fiscal Year 2024 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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