Revision of interim guidance regarding acquisition and use of foundation models

(a) Sense of Congress It is the sense of Congress that the evaluation of training data, methods of labeling data, and model weights pertaining to artificial intelligence systems being considered for use by an element of the intelligence community does not constitute collection by such element of the intelligence community. (b) In general The Director of National Intelligence, in coordination with the Attorney General, shall revise the interim guidance of the intelligence community entitled Regarding the Acquisition and Use of Foundation Models to include the following: (1) Guidance stipulating that the consideration by an element of the intelligence community of acquisition of a foundation model should involve consideration of the data upon which the model was trained on. Any element of the intelligence community evaluating whether to acquire a foundation model for a potential intelligence use shall request or otherwise lawfully gather pertinent information on sources of training data and methods of data labeling, including any functions carried out by third party vendors, in order to make informed decisions on what mitigation practices or other relevant dissemination, usage, or retention measures may be applicable to that element’s future adoption of the foundation model under consideration. (2) Guidance stipulating that each element of the intelligence community shall to the greatest extent practicable avoid use of publicly available models found to contain information obtained unlawfully by a model vendor.