119 S5061 IS: Secure Artificial Intelligence Development Act of 2026
U.S. Senate
2026-07-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the Secure Artificial Intelligence Development Act of 2026
or the Secure A.I. Development Act of 2026
.2.In this Act:(1)Adversarial-artificial intelligenceThe term adversarial-artificial intelligence means techniques or procedures to extract information about the behavior or characteristics of an artificial intelligence system, or to learn how to manipulate an artificial intelligence system, in order to subvert the confidentiality, integrity, or availability of an artificial intelligence system or adjacent system.(2)The term artificial intelligence has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).(3)Artificial intelligence safety incidentThe term artificial intelligence safety incident means an event that materially increases the risk that operation of an artificial intelligence system leads to a state in which human life, health, property, or the environment is endangered.(4)Artificial intelligence security incidentThe term artificial intelligence security incident means an event that materially increases—(A)the risk that operation of an artificial intelligence system occurs in a way that enables the unauthorized extraction of information about the behavior or characteristics of an artificial intelligence system by an unauthorized party; or(B)the ability to manipulate an artificial intelligence system in order to subvert the confidentiality, integrity, or availability of an artificial intelligence system or adjacent system.(5)Artificial intelligence security vulnerabilityThe term artificial intelligence security vulnerability means a weakness in an artificial intelligence system that could be exploited by a third party to subvert, without authorization, the confidentiality, integrity, or availability of an artificial intelligence system, including through techniques such as—(A)data poisoning;(B)evasion attacks;(C)privacy-based attacks;(D)model theft or extraction attacks;(E)attacks designed to circumvent or degrade the safety, alignment, or access control mechanisms of an artificial intelligence system; and(F)adversarial machine learning attacks as described in National Institute of Standards and Technology Trustworthy and Responsible Artificial Intelligence 100–2e2025 (relating to Adversarial Machine Learning), or successor publication.3.Enabling testing of frontier artificial intelligence models prior to public release(a)In this section:(1)The term Board means the Artificial Intelligence Risk Board established under subsection (b)(1).(2)The term critical infrastructure has the meaning provided in section 1016(e) of the USA Patriot Act of 2001 (42 U.S.C. 5195c(e)).(3)Frontier artificial intelligence modelThe term frontier artificial intelligence model means an artificial intelligence model, or system combining multiple artificial intelligence models, that exhibits or could be modified to exhibit high levels of performance at tasks that pose a serious risk to national security, national economic security, or public health or safety.(4)The term Institute means the National Institute of Standards and Technology.(5)The term Secretary means the Secretary of Commerce.(b)The Artificial Intelligence Risk Board(1)(A)Not later than 90 days after the date of the enactment of this Act, the Secretary shall establish within the Institute a board to address artificial intelligence risks.(B)The board established under subparagraph (A) shall be known as the Artificial Intelligence Risk Board
.(2)(A)The Board shall be composed of members who are appointed as follows: (i) One or more members selected by the Director of the National Institute of Standards.
(ii)
One or more members selected by the Secretary. (iii) One or more members selected by the Director of the Cybersecurity and Infrastructure Security Agency.
(iv)
One or more members selected by the Director of the National Security Agency.
(v)
One or more members selected by the Secretary of the Treasury. (B)In addition to the members of the Board appointed under subparagraph (A), the Secretary shall appoint members who are not officers or employees of the Federal Government and who the Secretary selects from among individuals who—(i)are leading technical experts not affiliated with a developer or provider of artificial intelligence systems;(ii)are leading technical experts affiliated with developers or providers of artificial intelligence systems;(iii)are individuals with expertise in developing evaluations to test artificial intelligence models; and(iv)have knowledge or expertise that the Secretary determines would further the purpose of the duties of the Board.(3)(A)Each member of the Board shall serve 1 term of not longer than 3 years and may be reappointed for 1 successive term of not longer than 3 years.(B)The memebrs of the Board shall develop a vacancy replacement procedure that includes—(i)for vacancies occurring due to the end of a member’s term, a vote not later than 90 days before the last day of the member’s term; and(ii)for vacancies occurring under subparagraph (C) or for any other reason, the chair of the Board shall nominate a replacement from the same stakeholder category under paragraph (2), to the extent practicable, as the member creating the vacancy, subject to approval by a majority vote of the members of the Board.(C)Any member who fails to comply with the conflict of interest policy adopted pursuant to paragraph (5)(D) shall be removed from the Board.(D)The chair of the Board shall be selected by a majority vote among a quorum of the members appointed under paragraph (2) and shall serve not more than 1 two-year term.(4)Member access to classified information(A)(i)Not later than 60 days after the date on which a member is first appointed to the Board and before the member is granted access to any classified information necessary to participate in a closed session pursuant to paragraph (5)(F), the Secretary shall determine, for the purposes of the Board, if the member should be restricted from reviewing, discussing, or possessing classified information. (ii) Access to classified information shall be managed in accordance with Executive Order 13526 (50 U.S.C. 3161 note; relating to classified national security information), or any subsequent corresponding Executive order.
(iii)The Secretary shall sponsor each member of the Board for a security clearance at the Top Secret level with access to sensitive compartmented information, as appropriate, for the purposes of participating in carrying out the duties of the Board.(iv)Each member of the Board shall obtain a security clearance unless denied by the appropriate authorities or if the Secretary determines a member should be restricted from reviewing, discussing, or possessing classified information. In either instance, such member shall be removed from the Board and a new member shall be appointed pursuant to the vacancy procedures under paragraph (3)(B) to replace such removed member.(B)Protection of informationA member of the Board granted access to classified information shall protect the classified information in accordance with the applicable requirements for the particular level of classification of the information.(C)Nothing in this paragraph shall be construed to affect the existing security clearance of a member of the Board or the authority of a Federal agency to provide or deny a member of the Board access to any specific pieces of classified information.(5) (A) Designated federal officer The Secretary shall designate a Federal officer or employee to serve as the designated Federal officer of the Board, consistent with the requirements of chapter 10 of title 5, United States Code (common known as the Federal Advisory Committee Act
).
(B)Initial meeting and bylawsNot later than 120 days after the date of the enactment of this Act, the Board shall convene and establish bylaws that—(i)govern quorum and voting rules, including implementation of the decisionmaking majority voting requirement specified in paragraph (5)(C)(ii); and(ii)set deliverable timelines and meeting schedules.(C)Unless otherwise specified, the Board shall adopt written procedures governing its meetings, consistent with chapter 10 of title 5, United States Code, that include—(i)requirements for public notice of meetings and the maintenance of records and minutes;(ii)decision making by majority vote of those present and voting;(iii)authorization for the establishment of subgroups as necessary, subject to the approval of the chair of the Board; and (iv) approval of the meeting agendas by the chair in consultation with the designated Federal officer under subparagraph (A) to ensure compliance with applicable laws.
(D)Conflict-of-interest policy(i)The Board shall adopt and enforce a written conflict of interest policy to ensure that members of the Board have a fiduciary responsibility to the Board, a duty to report conflicts of interest, including the appearance of a conflict of interest, and do not participate in deliberations or votes from which they personally or their employer would directly and materially benefit.(ii)The policy under clause (i) shall require each member to publicly disclose all relevant financial and employment relationships and include recusal procedures in the event of a conflict. (iii) The designated Federal officer under subparagraph (A) shall maintain records of disclosures under clause (ii) of this subparagraph and make summaries of the disclosures available to the Secretary.
(E)Threat information accessThe Director of National Intelligence, in coordination with the heads of other appropriate Federal entities, shall ensure that the Board has access to relevant cybersecurity threat information, including through closed or classified briefings or the provision of classified information, when appropriate.(F)Notwithstanding section 1009 of title 5, United States Code, the Board may hold closed or restricted-access sessions when the Secretary determines that the matters to be discussed involve any of the following:(i)Classified information.(ii)Sensitive cybersecurity vulnerabilities.(iii)Threat information.(iv)Proprietary business information.(v)Other information exempt from public disclosure under section 552 of title 5, United States Code.(6)(A)The Board shall—(i)develop a process to perform technical evaluations to determine what capabilities or combination of capabilities constitute high levels of performance at tasks that pose a serious risk to national security, national economic security, or public health or safety; and(ii)develop best practices, including—(I)standardize formats and processes for publishing model cards with technical details of artificial intelligence systems;(II)recommendations for maintaining cybersecurity measures for developers or providers of artificial intelligence systems;(III)processes and metrics for developers or providers of artificial intelligence systems to use to evaluate risks from employees or other personnel who have access to artificial intelligence systems developed or in development by developers or providers of artificial intelligence systems; and(IV)recommendations on appropriate financial and other resourcing for developers or providers of artificial intelligence systems to robustly engage in safety and security research focused on the deployment of frontier artificial intelligence models.(B)Periodic reassessment of technical evaluations and best practicesThe Board shall periodically reassess the technical evaluations and best practices the Board develops under this subsection.(c)Requirement that providers of frontier artificial intelligence models give access to National Security agency before public releaseNot later than 21 calendar days before a provider introduces into interstate or foreign commerce a frontier artificial intelligence model, the provider shall make available to the Artificial Intelligence Security Center, established by the Director of the National Security Agency under section 6504 of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118–159; 50 U.S.C. 3602 note), access to the frontier artificial intelligence model, including model's weights, configuration files, runtimes, or software libraries necessary to operate the frontier artificial intelligence model.(d)Frontier artificial intelligence model registry(1)Establishment of registryNot later than 90 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall establish a registry of frontier models that are available to the public.(2)In establishing the registry under paragraph (1), the Director of the National Institute of Standards and Technology shall establish rules and procedures for—(A)a provider of a frontier artificial intelligence model to register the frontier artificial intelligence model;(B)a provider of a frontier artificial intelligence model to contest the need for registering the frontier artificial intelligence model;(C)removing a frontier artificial intelligence model from the registry;(D)a provider of a frontier artificial intelligence model to attest that the provider submitted the frontier artificial intelligence model to the test-bed established under section 6504(e) of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118–159; 50 U.S.C. 3602 note), as amended by subsection (e); and(E)such other purposes the Director deems necessary.(3)Each provider of a frontier artificial intelligence model shall register that frontier artificial intelligence model with the registry established under paragraph (1) before introducing the frontier artificial intelligence model into interstate or foreign commerce. (e) Enforcement; ability To cure (1) Referrals for enforcement In any case in which the Director of the National Institute of Standards and Technology determines that a frontier artificial intelligence model has been introduced into interstate or foreign commerce by a provider of the frontier artificial intelligence in violation of subsection (c), the Director of the National Institute of Standards and Technology shall notify the Attorney General.
(2)
The Attorney General shall enforce this section. (3) Whoever violates subsection (c) shall be fined an amount equal to not less than $100,000 per day for each day during which a frontier artificial intelligence model controlled by that person is available through interstate and foreign commerce without having obtained the voluntary security guidance issued under section 6504(e)(3) of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118–159; 50 U.S.C. 3602 note), as amended by subsection (f).
(4)
(A)
Prior to commending an enforcement action against a provider of a frontier artificial intelligence model for violating subsection (c), the Attorney General shall notify the provider and allow the provider 7 calendar days following the notice of violation for the violator to come into compliance pursuant to subparagraph (B).
(B)
In order for a provider of a frontier artificial intelligence model to come into compliance pursuant to this subparagraph, the provider shall demonstrate to the Attorney General that the provider has—
(i)
withdrawn from interstate and foreign commerce the frontier artificial intelligence model that gave rise to the violation of subsection (c); and
(ii)
given to the National Security Agency access to the frontier artificial intelligence model pursuant to subsection (c).
(f)
National Security Agency research-Test-Bed
Section 6504 of the Intelligence Authorization Act for Fiscal Year 2025 (division F of Public Law 118–159; 50 U.S.C. 3602 note) is amended—
(1)
in subsection (c)— (A) by redesignating paragraph (4) as paragraph (5); and
(B)
by inserting after paragraph (3) the following new paragraph (4): (3) Making available a research test-bed to private sector, Federal and qualified independent expert participants, on a subsidized basis, to engage in artificial intelligence security research, including through the secure provision of access in a secure environment for pre-deployment testing of any frontier artificial intelligence model prior to public release.
;
(2)
by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following:
(e)
(1)
Access and terms of usage
(A)
The Director shall establish a process by which critical infrastructure operators, as well private sector entities that develop or maintain information systems utilized by critical infrastructure operators, shall access a secure test-bed for the purpose of testing and evaluating the impact of frontier artificial intelligence models on information systems maintained by critical infrastructure operators prior to public release or distribution of such models.
(B)
The Director shall establish terms of usage governing access to the test-bed made available under subsection (c)(4), with limitations on researcher publication to the extent necessary to protect classified information or proprietary information provided by private sector participants.
(C)
Availability to federal agencies
The Director shall ensure that the test-bed made available under subsection (c)(4) is also made available to other Federal agencies on a cost-recovery basis.
(2)
Use of certain infrastructure and other resources
In carrying out subsection (c)(4), the Director shall leverage, to the greatest extent practicable, infrastructure and other resources provided under section 5.2 of Executive Order 14110 (88 Fed. Reg. 75191; relating to safe, secure, and trustworthy development and use of artificial intelligence).
(3)
Voluntary security guidance
The Director shall share relevant guidance, informed by pre-deployment testing in the secure test-bed environment identified in subsection (c), to inform voluntary vendor actions to mitigate against potential security threats to such models, or the ability of foreign actors to utilize such models for computer network exploitation campaigns against information systems utilized by critical infrastructure operators, the design or development of weapons systems, or to further foreign surveillance capabilities.
.
4.Database for artificial intelligence security and safety incidents and risks(a)Voluntary tracking of artificial intelligence security and artificial intelligence safety incidents(1)Not later than 1 year after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, establish mechanisms by which private sector entities, public sector organizations, civil society groups, and academic researchers may voluntarily share information with the National Institute of Standards and Technology on confirmed or suspected artificial intelligence security or artificial intelligence safety incidents, in a manner that preserves confidentiality of any affected party, which shall—(A)leverage, to the greatest extent possible, standardized disclosure and incident description formats;(B)develop processes to associate reports pertaining to the same incident with a single incident identifier;(C)establish classification, information retrieval, and reporting mechanisms that sufficiently differentiate between artificial intelligence security incidents and artificial intelligence safety incidents; and(D)create appropriate taxonomies to classify incidents based on relevant characteristics, impact, or other relevant criteria.(2)Publicly accessible database(A)Establishment of database requiredNot later than 1 year after the date of the enactment of this Act, the Director of the Institute shall, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, establish a publicly accessible database of artificial intelligence security incidents and artificial intelligence safety incidents.(B)Review and population of databaseUpon receipt of relevant information on an artificial intelligence security or artificial intelligence safety incident under paragraph (1), the Director of the Institute shall review the information and determine whether the described incident constitutes an artificial intelligence security or artificial intelligence safety risk appropriate for inclusion in the database developed and established under subparagraph (A).(C)Identification of causal factorsWhen making a determination under subparagraph (B), the Director of the Institute shall identify causal factors for the artificial intelligence security incident or the artificial intelligence safety incident, including—(i)the artificial intelligence system;(ii)the deployment of the artificial intelligence systems; and(iii)practices related to the operation of the artificial intelligence system, including misuse of the artificial intelligence system.(D)In evaluating information under subparagraph (B) and determining under such subparagraph whether to include a report of an incident in the database required by subparagraph (A), the Director shall prioritize inclusion in the database of cases in which a described incident—(i)describes an artificial intelligence system used in critical infrastructure or safety-critical systems;(ii)would result in a high-severity or catastrophic impact to the people or economy of the United States; or(iii)includes an artificial intelligence system widely used in commercial or public sector contexts in the United States.(3)Exemption from disclosure; reports and anonymity(A)The Director shall populate the voluntary database developed and established under paragraph (2)(A) with incidents based on public reports and information shared using the mechanism established pursuant to paragraph (1), ensuring that any incident description sufficiently anonymizes those affected, unless those who are affected have consented to their names being included in the database.(B)Exemption from disclosureAny information shared using the mechanism established pursuant to paragraph (1)—(i)shall be exempt from disclosure and withheld, unless an affected party consents to the inclusion of their names in the database as provided for under subparagraph (A), from the public, pursuant to section 552(b)(3)(B) of title 5, United States Code, and any other provision of United States law or law of any State, political subdivision or agency thereof, or Tribe requiring disclosure of information or records; and(ii)shall not be deemed a waiver of any applicable privilege or protection, including trade secret protection.(C)Before publishing information regarding artificial intelligence safety incident under paragraph (2)(B), the Director shall consult with the developer or provider of the artificial intelligence system involved in an incident.(b)Not later than 180 days after the date of the enactment of this Act the Director of the National Institute of Standards and Technology shall, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, publish nonbinding guidance that provides illustrative criteria and examples for determining when an event materially increases
a risk for purposes of paragraphs (3) and (4) of section 2.5.Updating processes and procedures relating to cybersecurity vulnerabilities(a)In this section:(1)Common Vulnerabilities and Exposures ProgramThe term Common Vulnerabilities and Exposures Program means the reference guide and classification system for publicly known information security vulnerabilities sponsored by the Cybersecurity and Infrastructure Security Agency.(2)Relevant congressional committeesThe term relevant congressional committees means—(A)the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, the Select Committee on Intelligence, and the Committee on the Judiciary of the Senate; and (B) the Committee on Oversight and Government Reform, the Committee on Energy and Commerce, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives.
(b)Processes and procedures for vulnerability managementNot later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall—(1)comprehensively evaluate, and develop a strategic plan to reform, the structure and processes of the National Vulnerability Database in light of significant increase in the volume of vulnerabilities in information systems identified by artificial intelligence systems, including recommendations and guidance related to assisting in determining prioritization of identified vulnerability patching and mitigation;(2)initiate a process to utilize advanced artificial intelligence systems to characterize vulnerabilities as part of the National Vulnerability Database;(3)initiate a process to update processes and procedures associated with the National Vulnerability Database of the Institute to ensure that the database and associated vulnerability management processes incorporate artificial intelligence security vulnerabilities to the greatest extent practicable;(4)identify any characteristics of artificial intelligence security vulnerabilities that make utilization of the National Vulnerability Database inappropriate and develop processes and procedures for vulnerability management for those vulnerabilities; and(5)initiate a process to update the Secure Software Development Framework set forth in National Institute of Standards and Technology Special Publication 800–218 and include guidance and best practices for using artificial intelligence in code generation and security review.(c)Updates to Common Vulnerabilities and Exposures ProgramNot later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall—(1)initiate a process to update processes and procedures associated with the Common Vulnerabilities and Exposures Program to ensure that the program and associated processes identify and enumerate artificial intelligence security vulnerabilities to the greatest extent practicable; and(2)identify any characteristic of artificial intelligence security vulnerabilities that make utilization of the Common Vulnerabilities and Exposures Program inappropriate and develop processes and procedures for vulnerability identification and enumeration for those artificial intelligence security vulnerabilities.(d)Upon completion of the processes required in subsections (a) and (b), the Director of the National Institute of Standards and Technology and the Director of the Cybersecurity and Infrastructure Security Agency, respectively, shall submit a strategic plan to Congress identifying courses of action under existing authorities, or identifying specific legislative amendments, necessary to address accelerating security risks associated with artificial intelligence systems.(e)Evaluation of consensus standards for vulnerability disclosure(1)Not later than 30 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, initiate a multi-stakeholder process to evaluate whether existing voluntary consensus standards and processes for vulnerability reporting processes associated with the security of information systems effectively accommodate the significant increased volume of vulnerabilities in information systems identified by artificial intelligence systems, as well as the unique nature of artificial intelligence security vulnerabilities.(2)(A)Not later than 180 days after the date on which the evaluation under paragraph (1) is carried out, the Director shall submit a report to the relevant congressional committees on the sufficiency of existing vulnerability reporting processes and standards to accommodate the significant increased volume of vulnerabilities in information systems identified by artificial intelligence systems, as well as artificial intelligence security vulnerabilities.(B)If the Director concludes in the report submitted under subparagraph (A) that existing vulnerability reporting processes and standards do not effectively accommodate the significant increased volume of vulnerabilities in information systems identified by artificial intelligence systems, as well as the reporting of artificial intelligence security vulnerabilities, the Director shall initiate a process, in consultation with the Director of the National Institute of Standards and Technology and the Director of the Office of Management and Budget, to update relevant vulnerability reporting processes, including the Department of Homeland Security Binding Operational Directive 20–01, or any subsequent directive.6.Review of artificial intelligence security vulnerabilities under vulnerabilities equities process(a)In this section:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Select Committee on Intelligence of the Senate;(B)the Committee on Homeland Security and Governmental Affairs of the Senate;(C)the Committee on the Judiciary of the Senate;(D)the Committee on Armed Services of the Senate;(E)the Permanent Select Committee on Intelligence of the House of Representatives; (F) the Committee on Homeland Security of the House of Representatives;
(G)the Committee on the Judiciary of the House of Representatives; and(H)the Committee on Armed Services of the House of Representatives.(2)Vulnerabilities equities Policy and Process documentThe term Vulnerabilities Equities Policy and Process document means the executive branch document entitled Vulnerabilities Equities Policy and Process for the United States Government
dated November 15, 2017.(3)Vulnerabilities equities processThe term Vulnerabilities Equities Process means the interagency review of vulnerabilities carried out pursuant to the Vulnerabilities Equities Policy and Process document or any successor document.(b)Not later than 90 days after the date of the enactment of this Act, the Federal departments and agencies participating in the Vulnerabilities Equities Process shall—(1)evaluate whether the existing Vulnerabilities Equities Process sufficiently accommodates the submission and review of artificial intelligence security vulnerabilities; and(2)submit to the appropriate congressional committees a report describing the applicability of the Vulnerabilities Equities Process to such vulnerabilities, including whether the submission and review of such vulnerabilities under the Vulnerabilities Equities Process would result in an unduly large volume of notifications to affected vendors and, if so, an assessment of mechanisms to manage the volume of such notifications.(c)In carrying out subsection (b), if the Federal departments and agencies participating in the Vulnerabilities Equities Process determine that the existing Vulnerabilities Equities Process does not sufficiently accommodate the submission and review of artificial intelligence security vulnerabilities identified by the evaluation required in subsection (b)(1), and that such vulnerabilities present public interest considerations meriting review under the Vulnerabilities Equities Process, the Federal departments and agencies participating in the Vulnerabilities Equities Process shall establish a process for the submission and review of such vulnerabilities under the Vulnerabilities Equities Process not later than 30 days after the date of such determination.(d)Report on vulnerabilities identified by artificial intelligence systemsNot later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)) a report on—(1)the volume of vulnerabilities of information systems identified by artificial intelligence systems;(2)the impact of any change in such volume on the functioning of the Vulnerabilities Equities Process; and(3)whether the increasingly rapid discovery and exploitation of such vulnerabilities by external cyber actors using artificial intelligence systems materially alters the equity of disclosure.7.Security of artificial intelligence systems and laboratories(a)In this section:(1)The term Center means the Artificial Intelligence Security Center of the National Security Agency.(2)The term classified information has the meaning given such term in section 805 of the National Security Act of 1947 (50 U.S.C. 3164).(3)Cleared industry personnelThe term cleared industry personnel means employees or representatives of a covered person who hold an appropriate security clearance and have a demonstrated need to know.(4)Congressional intelligence committeesThe term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(5)The term covered person means a non-Federal person who—(A)is a United States person;(B)develops, deploys, or operates artificial intelligence models or critical enabling infrastructure; and(C)provides the services described in subparagraph (B) to a Federal department or agency.(6)The term Director means the Director of the National Security Agency.(7)Foreign adversary countryThe term foreign adversary country has the meaning given such term in section 2(c) of the Protecting Americans' Data from Foreign Adversaries Act of 2024 (15 U.S.C. 9901(c)).(8)Foreign entity of concernThe term foreign entity of concern means—(A)a foreign adversary country; or(B)any entity that is controlled or acting under the direction of a foreign adversary country.(9)The term intelligence has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(10)The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(11)The term security clearance means an authorization to access classified information.(12)The term threat information means information on—(A)efforts by foreign adversary countries to use products or research of covered persons or other entities or individuals to generate synthetic media for foreign-directed influence campaigns, develop and manage computer network exploitation campaigns, design or develop weapons systems, or enhance surveillance capabilities in ways that undermine the privacy or threaten the security of citizens of the United States;(B)threats posed by foreign entities of concern, including indications of compromise to networks associated with covered persons or other technical indicators, indicating a compromise to the confidentiality, integrity, or availability of an artificial intelligence system, or to the supply chain of an artificial intelligence system, including training or test data, frameworks or software libraries, training or inference computing environments, or other components necessary for the training, management, deployment, or maintenance of an artificial intelligence system;(C)activity of foreign entities of concern to clandestinely, fraudulently, or otherwise maliciously access the systems of covered persons for purposes of illicit technology transfer or otherwise gaining unfair economic advantage, including through techniques to extract a model’s technical capabilities to replicate, develop, or improve a foreign artificial intelligence model without authorization by the covered person;(D)activity of foreign entities of concern to sabotage or otherwise clandestinely degrade artificial intelligence systems or the supply chain of an artificial intelligence system, including training or test data, frameworks or software libraries, training or inference computing environments, or other components necessary for the training, management, or maintenance of an artificial intelligence system;(E)observations, emerging concerns, or other inputs from vendors or researchers regarding relevant malicious or clandestine activity of foreign entities of concern toward an artificial intelligence system, its supply chain, or other necessary components;(F)efforts by foreign adversaries or foreign entities to evade detection of malicious activity described in subparagraphs (A), (B), (C) and (D); and(G)any other relevant information the Director of the National Counterintelligence and Security Center and the Assistant Director of the Federal Bureau of Investigation for the Counterintelligence Division deem appropriate.(b)Not later than 90 days after the date of the enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall, in collaboration with the Director and the Director of the National Institute of Standards and Technology and by leveraging efforts of the Information Communications Technology Supply Chain Risk Management Task Force to the greatest extent practicable, convene a multi-stakeholder process to encourage the development and adoption of best practices relating to addressing supply chain risks associated with training and maintaining artificial intelligence models, which shall ensure consideration of supply chain risks associated with—(1)activity of foreign entities of concern to clandestinely, fraudulently, or otherwise maliciously access the systems of covered persons for purposes of illicit technology transfer or otherwise gaining unfair economic advantage, including through techniques to extract a model’s technical capabilities to replicate, develop, or improve a foreign artificial intelligence model without authorization by the covered person;(2)activity of foreign entities of concern to sabotage or otherwise clandestinely degrade artificial intelligence systems or the supply chain of an artificial intelligence system, including training or test data, frameworks or software libraries, training or inference computing environments, or other components necessary for the training, management, or maintenance of an artificial intelligence system; and(3)threat information, usage trends, or other input from vendors or researchers regarding observed malicious or clandestine activity of foreign entities of concern toward an artificial intelligence system, its supply chain, or other necessary components.(c)Establishment of pilot program on sharing of intelligence and threat information with covered persons(1)Not later than 180 days after the date of the enactment of this Act, the Director shall, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, establish a pilot program to assess the feasibility and advisability of facilitating the secure sharing with covered persons of intelligence and threat information germane to the securing of the supply chain risks associated with training and maintaining artificial intelligence models procured by the Federal Government.(2)The Director may not select or exclude covered persons to participate in the pilot program in a manner that provides a competitive advantage or procurement preference to any covered person, to the detriment of another covered person.(3)The Director shall carry out the pilot program established pursuant to paragraph (1) for not less than a 3-year period beginning on the date of the establishment of the pilot program.(d)Participation requirements(1)The Director shall establish criteria governing engagement with covered persons under the pilot program required by subsection (c), which may include criteria relating to the following:(A)Relevance to national security.(B)The ability to protect classified or sensitive intelligence information.(C)Cybersecurity and information security maturity.(D)Agreement to comply with intelligence handling, use, and nondisclosure requirements.(E)The availability of cleared personnel of covered persons or willingness of covered persons to increase the number of cleared personnel.(2)Participation in the pilot program required by subsection (c) shall not be construed as a certification, endorsement, or regulatory approval by the United States Government of any artificial intelligence system or commercial activity and the Director may not exclude a covered person from participating on the basis of political or ideological viewpoints of the covered person or its employees.(e)Intelligence sharing structure(1)Under the pilot program required by subsection (c), the Director may authorize the sharing of intelligence and threat information as described in paragraph (1) of such subsection through— (A) bilateral exchanges between elements of the intelligence community and a covered person;
(B)multilateral exchanges among covered persons, as determined appropriate by the Director; or(C)another designated intelligence-sharing mechanism operated or overseen by the Director.(2)Any mechanism established under this section shall be limited to the dissemination of intelligence and threat information and shall not establish standards, requirements, or best practices governing artificial intelligence development or deployment.(f)Tailoring, handling, and protection of intelligence(1)The Director shall codify procedures to tailor, sanitize, or downgrade the classification level of intelligence shared under the pilot program required by subsection (c) to ensure usability while protecting intelligence sources and methods.(2)The procedures developed under paragraph (1) may include the following:(A)The use of tear lines and segregable summaries.(B)The preparation of classified annexes where necessary.(C)Criteria governing the classification level of shared intelligence.(D)The appropriate use of cleared industry personnel.(3)The Director shall, acting through the Center, codify policies governing the handling, storage, and dissemination of intelligence shared under the pilot program required by subsection (c), including audit and compliance mechanisms.(g)Permissible use and nondisclosure(1)Intelligence shared under the pilot program required by subsection (c) may be used solely for detecting, preventing, or mitigating malicious foreign activity targeting the supply chains associated with training and maintaining artificial intelligence models procured by the Federal Government for intelligence collection, intellectual property theft, and other malicious activities.(2)A covered person participating in the pilot program may not disclose any intelligence shared under the pilot program required by subsection (c), except as expressly authorized by the Director acting through the Center.(h)Privacy and civil libertiesIn planning and coordinating the pilot program required by subsection (c), the Director shall, acting through the Center, consult with the Civil Liberties Protection Officer of the Office of the Director of National Intelligence.(i)(1)The Director shall continuously evaluate the effectiveness and risks of the pilot program established under subsection (c).(2) (A) Not later than 90 days before the date on which the pilot program required by paragraph (1) of subsection (c) terminates pursuant to paragraph (3) of such subsection, the Directors shall submit to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 30003)) a report assessing—
(i)
the effectiveness of intelligence sharing under the pilot program; (ii) the adequacy of safeguards for sources, methods, and privacy;
(iii)
the scope of participation and list of covered persons participating in the pilot program; and
(iv)
whether the program should be modified, extended, or terminated. (B)The report submitted pursuant to subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.(j)Nothing in this section shall be construed—(1)to authorize the collection of intelligence on United States persons not authorized by another provision of law;(2)to require the disclosure of classified information to unauthorized persons; or(3)to establish commercial, competition, or technology policy outside the purview of the intelligence community.(k)Exemption from disclosure; protectionAny information shared by a covered person or other entity or individual with the United States Government pursuant to this section—(1)shall be exempt from disclosure and withheld, without discretion, from the public, pursuant to section 552(b)(3)(B) of title 5, United States Code, and any other provision of United States law or law of any State, political subdivision or agency thereof, or Tribe requiring disclosure of information or records; and(2)shall not be deemed a waiver of any applicable privilege or protection, including trade secret protection.(l)Protection from liabilityNo cause of action shall lie or be maintained in any court against any covered person for sharing information with the United States Government or another covered person pursuant to this section.