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Code · BILL · 117th Congress · H.R. 8367 (Reported in House) — To authorize appropriations for fiscal year 2023 for intelligence and intelligence-related activities of the United S... · Sec. 502

Sec. 502. Officials responsible for artificial intelligence policies of the intelligence community

1,371 words·~6 min read·/bill/117/hr/8367/rh/section-502·

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It is the sense of Congress that— the intelligence community must rapidly adopt artificial intelligence into its workflows to compete with United States adversaries, and keep pace with and leverage commercial cutting-edge technologies; while pockets of success are present across the intelligence community, Congress is concerned that artificial intelligence has not scaled appropriately and continues to lag behind industry; broadly, Congress believes that the Director of National Intelligence should be primarily responsible for setting the policies and procedures as they relate to artificial intelligence adoption, acquiring any necessary common infrastructure such as training data, intelligence community-wide contracts for data labelers, cloud storage and compute capabilities, and other infrastructure necessary for intelligence community elements rapidly to adopt artificial intelligence; and the heads of the elements of the intelligence community should be primarily responsible for acquiring and developing agency-specific artificial intelligence applications, in coordination with the Director and the heads of the elements of the intelligence community, and assisting the Director with preparing the necessary infrastructure such as data, hardware, and software for the intelligence community to adopt artificial intelligence applications.
Section 309(a) of the Intelligence Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3316c(a) ) is amended— by redesignating paragraphs
(3)through
(24)as paragraphs
(4)through (25), respectively; and by inserting after paragraph
(2)the following new paragraph: Artificial intelligence. . Section 102A(n) of the National Security Act of 1947 ( 50 U.S.C. 3024(n) ), as amended by section 412(b)(2), is further amended by adding at the end the following new paragraph: The Director of National Intelligence, in consultation with the heads of the elements of the intelligence community and the Director of Science and Technology, shall establish policies and procedures relating to the acquisition and use of artificial intelligence by the intelligence community, including with respect to data, computing, storage, and models necessary for the intelligence community to leverage, incorporate, adopt, and maintain artificial intelligence applications. . Subsection
(a)of section 103E of such Act ( 50 U.S.C. 3030 ) is amended by inserting at the end the following new sentence: The Director of Science and Technology shall also serve as the Chief Technology Officer of the Office of the Director of National Intelligence. . Subsection
(b)of such section is amended to read as follows: An individual appointed as Director of Science and Technology shall have a professional background and experience appropriate for the duties of the Director of Science and Technology. In making such appointment, the Director of National Intelligence shall give preference to an individual with varied professional experiences, including experience outside of the United States Government. . Such section is amended— by redesignating subsection
(d)as subsection (f); and by inserting after subsection
(c)the following new subsection: The Director of Science and Technology shall— recommend to the Director of National Intelligence policies and procedures for the intelligence community relating to incorporating artificial intelligence in accordance with section 102A(n); conduct reviews of the policies and procedures of the intelligence community relating to the adoption and integration of technology into the intelligence community, including with respect to, as appropriate— incentives and policies relating to human resources; incentives and policies relating to acquisition and contracting; incentives and policies relating to financial management and budgeting; and technology standards and policies; make recommendations to the Director of National Intelligence with respect to the budgets of the elements of the intelligence community regarding the matters covered by this section, including with respect to reprogramming funds to carry out the intelligence community-wide artificial intelligence mission of the Director of National Intelligence; coordinate with the Under Secretary of Defense for Research and Engineering on initiatives, policies, and programs carried out jointly between the intelligence community and the Department of Defense; coordinate with the Director of the Office of Science and Technology Policy to promote intelligence community-specific requirements and perspectives within the initiatives of the Office of Science and Technology Policy; and for purposes of integrating the priorities and requirements of the intelligence community into a broader national strategy on technology, coordinate with the heads of— the National Institute for Standards and Technology; the National Science Foundation; and any other department or agency of the United States Government, federally funded research and development center, or other entity that the Director of Science and Technology determines appropriate. . Such section is amended by inserting after subsection (d), as added by paragraph (3), the following new subsection: The Director of Science and Technology may not have operational control over any program directly managed by an element of the intelligence community other than the Office of the Director of National Intelligence. . The National Security Act of 1947 ( 50 U.S.C. 3001 et seq. ) is amended by inserting after section 103J the following new section (and conforming the table of contents at the beginning of such Act accordingly): There is a Chief Data Officer within the Office of the Director of National Intelligence who shall be appointed by the Director of National Intelligence. The Chief Data Officer is the Chief Data Officer of the Office of the Director of National Intelligence for purposes of section 3520 of title 44, United States Code. An individual appointed as the Chief Data Officer shall have a professional background and experience appropriate for the duties of the Chief Data Officer. In making such appointment, the Director of National Intelligence shall give preference to an individual with varied professional experiences, including experience outside of the United States Government. In addition to any other functions and responsibilities specified in section 3520 of title 44, United States Code, the Chief Data Officer— shall recommend to the Director of National Intelligence policies and procedures for the intelligence community regarding the acquisition and use of artificial intelligence with respect to the data needs of the intelligence community in support of adopting emerging technologies, in accordance with section 102A(n) and subject to the approval by the Director of National Intelligence, the Director of Science and Technology, and the Chief Information Officer; shall conduct reviews of the policies and procedures of the intelligence community relating to data, including with respect to data curation, data labeling, data acquisition, data security, data interoperability, and data accessibility, except with respect to such policies and procedures established pursuant to a provision of law or executive order relating to the control, use, retention, collection, or dissemination of data; shall conduct ongoing reviews of the data policies of the intelligence community, including to ensure that such policies promote interoperability and accessibility with commercial software providers, including by the promotion of open application programming interfaces; shall coordinate with the Chief Data Officer of the Department of Defense and other relevant officials of the Department to ensure consistent data policies and, to the extent practicable and advisable, consistent standards and policies that ensure data is accessible between relevant elements of the intelligence community and the Department; may make recommendations to the Director of National Intelligence, acting through the Chief Technology Officer, with respect to the budgets of the elements of the intelligence community regarding data, if such recommendations are— consistent with the policies established by the Director; and made in furtherance of accelerating the transition to digital business practices across the intelligence community, including with respect to the acquisition, curation, dissemination, and other data practices necessary to adopt artificial intelligence capabilities and other emerging technologies within the intelligence community; and shall perform other such duties as may be prescribed by the Director of National Intelligence, the Director of Science and Technology, or specified by law. Not later than 60 days after the date on which the Chief Data Officer identifies a policy of the intelligence community, including with respect to policies governing the access to data, that restricts the Chief Data Officer from carrying out subsection (c), the Chief Data Officer shall notify the Director of National Intelligence and the congressional intelligence committees of such policy and restriction. . The individual serving in the position of Chief Data Officer of the Office of the Director of National Intelligence as of the date of the enactment of this Act may continue to serve in such position without further appointment pursuant to section 103K of the National Security Act of 1947, as added by paragraph (1).
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Sec. 502
Officials responsible for artificial intelligence policies of the intelligence community
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