II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONTROL AND MANAGEMENT OF DEPARTMENT 

4 OF DEFENSE DATA AND ESTABLISHMENT OF 

5 CHIEF DIGITAL AND ARTIFICIAL INTEL6 LIGENCE OFFICER GOVERNING COUNCIL. 

7 (a) CONTROL AND MANAGEMENT OF DEPARTMENT

8 OF DEFENSE DATA.—The Chief Digital and Artificial InVerDate Sep 11 2014 00:12 Oct 05, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3004.IS S3004

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1 telligence Officer of the Department of Defense shall 

2 maintain the authority, but not the requirement, to access 

3 and control, on behalf of the Secretary of Defense, of all 

4 data collected, acquired, accessed, or utilized by Depart5 ment of Defense components consistent with section 1513 

6 of the James M. Inhofe National Defense Authorization 

7 Act for Fiscal Year 2023 (Public Law 117–263; 10 U.S.C. 

8 4001 note). 

9 (b) CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE

10 OFFICER GOVERNING COUNCIL.—Section 238(d) of the 

11 John S. McCain National Defense Authorization Act for 

12 Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note 

13 prec. 4061) is amended by striking paragraph (3) and in14 serting the following new paragraph (3): 

15 ‘‘(3) CHIEF DIGITAL AND ARTIFICIAL INTEL16 LIGENCE OFFICER GOVERNING COUNCIL.— 

17 ‘‘(A) ESTABLISHMENT.—(i) The Secretary 

18 shall establish a council to provide policy over19 sight to ensure the responsible, coordinated, 

20 and ethical employment of data and artificial 

21 intelligence capabilities across Department of 

22 Defense missions and operations. 

23 ‘‘(ii) The council established pursuant to 

24 clause (i) shall be known as the ‘Chief Digital 


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1 and Artificial Intelligence Officer Governing 

2 Council’ (in this paragraph the ‘Council’). 

3 ‘‘(B) MEMBERSHIP.—The Council shall be 

4 composed of the following: 

5 ‘‘(i) Joint Staff J–6. 

6 ‘‘(ii) The Under Secretary of Defense 

7 for Acquisition and Sustainment. 

8 ‘‘(iii) The Under Secretary of Defense 

9 for Research and Engineering. 

10 ‘‘(iv) The Under Secretary of Defense 

11 for Intelligence and Security. 

12 ‘‘(v) The Under Secretary of Defense 

13 for Policy. 

14 ‘‘(vi) The Director of Cost Analysis 

15 and Program Evaluation. 

16 ‘‘(vii) The Chief Information Officer 

17 of the Department. 

18 ‘‘(viii) The Director of Administration 

19 and Management. 

20 ‘‘(ix) The service acquisition execu21 tives of each of the military departments. 

22 ‘‘(C) HEAD OF COUNCIL.—The Council 

23 shall be headed by the Chief Digital and Artifi24 cial Intelligence Officer of the Department. 


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1 ‘‘(D) MEETINGS.—The Council shall meet 

2 not less frequently than twice each fiscal year. 

3 ‘‘(E) DUTIES OF COUNCIL.—The duties of 

4 the Council are as follows: 

5 ‘‘(i) To streamline the organizational 

6 structure of the Department as it relates 

7 to artificial intelligence development, im8 plementation, and oversight. 

9 ‘‘(ii) To improve coordination on arti10 ficial intelligence governance with the de11 fense industry sector. 

12 ‘‘(iii) To establish and oversee artifi13 cial intelligence guidance on ethical re14 quirements and protections for usage of ar15 tificial intelligence supported by Depart16 ment funding and reduces or mitigates in17 stances of unintended bias in artificial in18 telligence algorithms. 

19 ‘‘(iv) To identify, monitor, and peri20 odically update appropriate recommenda21 tions for operational usage of artificial in22 telligence. 

23 ‘‘(v) To review, as the head of the 

24 Council considers necessary, artificial intel25 ligence program funding to ensure that 


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1 any Department investment in an artificial 

2 intelligence tool, system, or algorithm ad3 heres to all Department established policy 

4 related to artificial intelligence. 

5 ‘‘(vi) To provide periodic status up6 dates on the efforts of the Department to 

7 develop and implement artificial intel8 ligence into existing Department programs 

9 and processes. 

10 ‘‘(vii) To provide guidance on access 

11 and distribution restrictions relating to 

12 data, models, tool sets, or testing or valida13 tion infrastructure. 

14 ‘‘(viii) to implement and oversee a 

15 data and artificial intelligence educational 

16 program for the purpose of familiarizing 

17 the Department at all levels on the applica18 tions of artificial intelligence in their oper19 ations. 

20 ‘‘(ix) To implement and oversee a 

21 data decree scorecard. 

22 ‘‘(x) Such other duties as the Council 

23 determines appropriate. 

24 ‘‘(F) PERIODIC REPORTS.—Not later than 

25 180 days after the date of the enactment of this 


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1 paragraph and not less frequently than once 

2 every 18 months thereafter, the Council shall 

3 submit to the Secretary and the congressional 

4 defense committees a report on the activities of 

5 the Council during the period covered by the re6 port.’’. 

Æ 


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