Reporting of security incidents and concerning model behaviors by certain frontier artificial intelligence contractors

(a) Requirement for contract clause The Secretary shall require— (1) in any covered contract entered into on or after the date that is 30 days after the date of the enactment of this Act, a clause requiring a covered contractor to report to the Secretary any covered incident relating to an artificial intelligence model or artificial intelligence system developed, trained, fine-tuned, hosted, or provided by the contractor; and (2) in any covered contract entered into prior to the date that is 30 days after the date of the enactment of this Act, such a clause to be added not later than 90 days after the date of the enactment of this Act. (b) Implementation guidance and clarity (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary shall issue guidance to covered contractors regarding the implementation of this section in order to promote clear, predictable, and consistent reporting expectations and support good-faith compliance. (2) Elements The guidance required by paragraph (1) shall include— (A) illustrative examples of covered incidents, factors relevant to determining whether an incident is material or reportable; (B) reporting procedures and timelines; and (C) other information the Secretary determines appropriate to promote consistent implementation and reduce uncertainty for covered contractors. (3) Updates to guidance The Secretary shall update such guidance as appropriate to reflect changes in artificial intelligence capabilities, deployment practices, threat environments, and reporting needs of the Department. (4) Consultation In issuing and updating such guidance, the Secretary shall consult with the Chief Digital and Artificial Intelligence Officer, the Director of the Artificial Intelligence Security Center of the National Security Agency, and the heads of any other Federal agencies or Departments the Secretary deems appropriate. (c) Reporting timeline for covered contractors (1) In general A covered contractor shall submit to the Under Secretary for Research and Engineering— (A) an initial report regarding a covered incident described in subparagraph (A), (B), (C), or (D) of section 2(5) not later than 72 hours after the discovery of such covered incident; and (B) an initial report regarding a covered incident described in subparagraph (E) or (F) of section 2(5) not later than 7 days after the contractor discovers a behavior specified by the implementation guidance issued pursuant to subsection (b) or that a reasonable person would deem likely to be material. (2) Supplemental updates A covered contractor shall submit to the Secretary supplemental updates with respect to any covered incident as material new information becomes available. (d) Contents of contractor report Each report submitted by a covered contractor in accordance with this section shall include, to the extent known at the time of submission— (1) a description of the covered incident; (2) the date or approximate period of occurrence and discovery; (3) the artificial intelligence model, artificial intelligence system, or relevant training, fine-tuning, evaluation, or deployment environment affected; (4) the actual or suspected means of compromise, exfiltration, manipulation, degradation, or misuse; (5) whether model weights, training data, system prompts, source code, evaluation data, safety systems, or software dependencies were accessed, altered, degraded, poisoned, exfiltrated, or otherwise compromised; (6) an assessment of actual or potential impact on missions, users, systems, operations, or decision-making of the Department; (7) any actions taken to contain, mitigate, remediate, or investigate the covered incident; (8) whether the covered incident has been reported to any other Federal department or agency; and (9) such other information as the Secretary determines appropriate. (e) Recipients within the Department A report submitted to the Secretary under this section shall be transmitted by the Secretary to— (1) the contracting officer for the covered contract; (2) the Chief Digital and Artificial Intelligence Office; (3) the Chief Information Officer of the Department of Defense; (4) the Under Secretary of Defense for Acquisition and Sustainment; (5) the Artificial Intelligence Security Center of the National Security Agency; (6) the Commander of the United States Cyber Command; and (7) the heads of such other components of the Department and other Federal departments or agencies as the Secretary determines appropriate. (f) Congressional notification by Department (1) In general Not later than 7 days after receipt of an initial report under subsection (b) regarding a covered incident, or the discovery of a covered incident by the Department, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such covered incident. (2) Contents A notice required by paragraph (1) shall include, to the extent known at the time of submission— (A) a summary description of the covered incident; (B) the date or approximate period of occurrence and discovery; (C) the artificial intelligence model, artificial intelligence system, or relevant training, fine-tuning, evaluation, or deployment environment affected; (D) the actual or suspected means of compromise, exfiltration, manipulation, degradation, or misuse; (E) an initial assessment of actual or potential impact on missions, users, systems, or operations of the Department; and (F) any actions taken or planned to contain, mitigate, remediate, or investigate the covered incident. (3) Additional updates The Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives additional briefings or updates on a covered incident as material information becomes available. (g) Protection of reported information The Secretary shall establish procedures for the handling of reports under this section, including procedures to protect classified information, proprietary information, trade secrets, security-sensitive information, and information regarding vulnerabilities that, if disclosed publicly, could reasonably be expected to harm national security. (h) Rule of construction Nothing in this section shall be construed— (1) to require the disclosure of information in a manner inconsistent with the protection of classified information, sensitive compartmented information, or other information protected by law; (2) to waive any applicable privilege or legal protection; or (3) to limit any other reporting obligation imposed by law, regulation, or contract.