II
118THCONGRESS
1
STSESSION 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
OCTOBER3, 2023
Mr. M
ANCHIN(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 De-
fense data and to establish the Chief Digital and Artifi-
cial Intelligence Officer Governing Council, and for other
purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. CONTROL AND MANAGEMENT OF DEPARTMENT 3
OF DEFENSE DATA AND ESTABLISHMENT OF 4
CHIEF DIGITAL AND ARTIFICIAL INTEL-5
LIGENCE OFFICER GOVERNING COUNCIL. 6
(a) C
ONTROL ANDMANAGEMENT OF DEPARTMENT 7
OFDEFENSEDATA.—The Chief Digital and Artificial In-8
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•S 3004 IS
telligence Officer of the Department of Defense shall 1
maintain the authority, but not the requirement, to access 2
and control, on behalf of the Secretary of Defense, of all 3
data collected, acquired, accessed, or utilized by Depart-4
ment of Defense components consistent with section 1513 5
of the James M. Inhofe National Defense Authorization 6
Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 7
4001 note). 8
(b) C
HIEFDIGITAL ANDARTIFICIALINTELLIGENCE 9
O
FFICERGOVERNINGCOUNCIL.—Section 238(d) of the 10
John S. McCain National Defense Authorization Act for 11
Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note 12
prec. 4061) is amended by striking paragraph (3) and in-13
serting the following new paragraph (3): 14
‘‘(3) C
HIEF DIGITAL AND ARTIFICIAL INTEL -15
LIGENCE OFFICER GOVERNING COUNCIL .— 16
‘‘(A) E
STABLISHMENT.—(i) The Secretary 17
shall establish a council to provide policy over-18
sight to ensure the responsible, coordinated, 19
and ethical employment of data and artificial 20
intelligence capabilities across Department of 21
Defense missions and operations. 22
‘‘(ii) The council established pursuant to 23
clause (i) shall be known as the ‘Chief Digital 24
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and Artificial Intelligence Officer Governing 1
Council’ (in this paragraph the ‘Council’). 2
‘‘(B) M
EMBERSHIP.—The Council shall be 3
composed of the following: 4
‘‘(i) Joint Staff J–6. 5
‘‘(ii) The Under Secretary of Defense 6
for Acquisition and Sustainment. 7
‘‘(iii) The Under Secretary of Defense 8
for Research and Engineering. 9
‘‘(iv) The Under Secretary of Defense 10
for Intelligence and Security. 11
‘‘(v) The Under Secretary of Defense 12
for Policy. 13
‘‘(vi) The Director of Cost Analysis 14
and Program Evaluation. 15
‘‘(vii) The Chief Information Officer 16
of the Department. 17
‘‘(viii) The Director of Administration 18
and Management. 19
‘‘(ix) The service acquisition execu-20
tives of each of the military departments. 21
‘‘(C) H
EAD OF COUNCIL .—The Council 22
shall be headed by the Chief Digital and Artifi-23
cial Intelligence Officer of the Department. 24
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‘‘(D) MEETINGS.—The Council shall meet 1
not less frequently than twice each fiscal year. 2
‘‘(E) D
UTIES OF COUNCIL.—The duties of 3
the Council are as follows: 4
‘‘(i) To streamline the organizational 5
structure of the Department as it relates 6
to artificial intelligence development, im-7
plementation, and oversight. 8
‘‘(ii) To improve coordination on arti-9
ficial intelligence governance with the de-10
fense industry sector. 11
‘‘(iii) To establish and oversee artifi-12
cial intelligence guidance on ethical re-13
quirements and protections for usage of ar-14
tificial intelligence supported by Depart-15
ment funding and reduces or mitigates in-16
stances of unintended bias in artificial in-17
telligence algorithms. 18
‘‘(iv) To identify, monitor, and peri-19
odically update appropriate recommenda-20
tions for operational usage of artificial in-21
telligence. 22
‘‘(v) To review, as the head of the 23
Council considers necessary, artificial intel-24
ligence program funding to ensure that 25
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any Department investment in an artificial 1
intelligence tool, system, or algorithm ad-2
heres to all Department established policy 3
related to artificial intelligence. 4
‘‘(vi) To provide periodic status up-5
dates on the efforts of the Department to 6
develop and implement artificial intel-7
ligence into existing Department programs 8
and processes. 9
‘‘(vii) To provide guidance on access 10
and distribution restrictions relating to 11
data, models, tool sets, or testing or valida-12
tion infrastructure. 13
‘‘(viii) to implement and oversee a 14
data and artificial intelligence educational 15
program for the purpose of familiarizing 16
the Department at all levels on the applica-17
tions of artificial intelligence in their oper-18
ations. 19
‘‘(ix) To implement and oversee a 20
data decree scorecard. 21
‘‘(x) Such other duties as the Council 22
determines appropriate. 23
‘‘(F) P
ERIODIC REPORTS.—Not later than 24
180 days after the date of the enactment of this 25
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paragraph and not less frequently than once 1
every 18 months thereafter, the Council shall 2
submit to the Secretary and the congressional 3
defense committees a report on the activities of 4
the Council during the period covered by the re-5
port.’’. 6
Æ
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