FY2024 NDAA, Section 1521 ("Control and management of Department of Defense data; establishment of Chief Digital and Artificial Intelligence Officer Governing Council")

SEC. 1521. CONTROL AND MANAGEMENT OF DEPARTMENT OF DEFENSE DATA; 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 may access and control, on behalf of the Secretary of Defense, any data collected, acquired, accessed, or used by a component (as such term is defined in 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)), consistent with such section.

(b) Chief Digital and Artificial Intelligence Officer Governing Council.--Section 238(d)(3) 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.--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. Such council shall be known as the Chief Digital and Artificial Intelligence Officer Governing Council' (in this paragraph referred to as 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 such structure relates to the development, implementation, and oversight of artificial intelligence. ``(ii) To improve coordination on artificial intelligence governance with the defense industry sector. ``(iii) To issue and oversee guidance on ethical requirements and protections for the use of artificial intelligence supported by Department funding and the reduction or mitigation of instances of unintended bias in artificial intelligence algorithms. ``(iv) To identify, monitor, and periodically update appropriate recommendations for the operational use of artificial intelligence. ``(v) To review, to the extent the head of the Council considers necessary, artificial intelligence program funding, to ensure that any investment by the Department in an artificial intelligence tool, system, or algorithm adheres to each applicable policy of the Department relating 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 issue guidance on access and distribution restrictions relating to data, models, tool sets, or testing or validation infrastructure. ``(viii) To implement and oversee an educational program on data and artificial intelligence, for the purpose of familiarizing personnel Department-wide on the applications of artificial intelligence within the respective operations of such personnel. ``(ix) To implement and oversee a scorecard to assess data decrees of the Department. ``(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.''.