Derived sourcing requirements for artificial intelligence outputs

(a) Sourcing requirements (1) In general The Secretary of Defense shall, acting through the Chief Digital and Artificial Intelligence Officer and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, require that any vendor providing artificial intelligence capabilities to the Department of Defense implement, as a condition of contract award or continued performance, a sourcing mechanism that affixes clearly cited sources within any output generated by such capabilities and delivered to the Department, in a form approved by the Chief Digital and Artificial Intelligence Officer, indicating, at a minimum— (A) any source that they originate from or are attributable to; and (B) any foreign adversary propaganda source and identifying the foreign adversary covered nation associated with that source. (2) Scope of sourcing requirement The sourcing requirement under paragraph (1) shall apply to any artificial intelligence capability used by the Department of Defense to generate, summarize, synthesize, translate, or otherwise produce informational text- or image-based outputs. (3) Rule of construction Nothing in this subsection shall be construed— (A) to restrict the sources upon which an artificial intelligence model may draw; or (B) to prohibit a vendor from training, fine-tuning, retrieval-augmenting, or otherwise incorporating into an artificial intelligence model data or content originating from any source. (b) Implementation (1) Sourcing standards Not later than 180 days after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall establish standards for the sourcing requirement under subsection (a), including— (A) the form and content of required sourcing; (B) the form, content, and placement of sourcing to highlight foreign adversary propaganda sources; (C) the methodology by which vendors shall identify outputs derived from foreign adversary propaganda sources, including provenance tracking and source attribution requirements; and (D) thresholds for materiality, including when partial derivation from a foreign adversary propaganda source triggers the sourcing requirement. (2) Vendor compliance Each vendor subject to the requirements of subsection (a) shall submit to the Secretary of Defense, through the Chief Digital and Artificial Intelligence Officer, documentation describing the technical mechanism by which the vendor identifies and labels sources in outputs and highlights those sources derived from foreign adversary propaganda sources. (c) Report Not later than the date on which the sourcing standards required under subsection (b)(1) are established, the Chief Digital and Artificial Intelligence Officer shall submit to the congressional defense committees a report detailing the implementation plans for such standards. (d) Definitions In this section: (1) The term artificial intelligence has the meaning given that term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). (2) The term artificial intelligence capability means any artificial intelligence model, system, tool, application, service, or component thereof that is provided to, procured by, developed for, or used by the Department of Defense, whether as a standalone product, an embedded feature, or a service accessed via application programming interface or other means. (3) The term foreign adversary covered nation — (A) has the meaning given the term covered nation in section 4872(f) of title 10, United States Code; (B) includes any foreign terrorist organization designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189); and (C) includes any media organization affiliated with an entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list). (4) The term foreign adversary propaganda source means any media organization, publication, website, social media account, broadcast outlet, or other information channel that— (A) is owned, operated, controlled, funded, or editorially directed, in whole or in part, by the government of a foreign adversary covered nation, or by an entity acting on behalf of such government; or (B) is engaged in foreign malign influence activities (as defined in section 119C(f) of the National Security Act of 1947 (50 U.S.C. 3059(f))) on behalf of, or in coordination with, a foreign adversary covered nation. (5) The term vendor means any contractor, subcontractor, or other person who provides an artificial intelligence capability to the Department of Defense under a contract (as described in section 6303 of title 31, United States Code), a subcontract, a grant or cooperative agreement, or any similar instrument.