II 

118TH CONGRESS 

2D SESSION S. 5616 

To establish the Artificial Intelligence Safety Review Office in the Department 

of Commerce, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19 (legislative day, DECEMBER 16), 2024 

Mr. ROMNEY (for himself, Mr. REED, Mr. MORAN, Mr. KING, and Ms. HASSAN) introduced the following bill; which was read twice and referred to 

the Committee on Commerce, Science, and Transportation 

A BILL 

To establish the Artificial Intelligence Safety Review Office 

in the Department of Commerce, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Preserving American Dominance in Artificial Intelligence 

6 Act of 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; sense of Congress. 

Sec. 3. Definitions. 

Sec. 4. Establishment of Artificial Intelligence Safety Review Office. 


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Sec. 5. Oversight of covered frontier artificial intelligence models, covered integrated circuits, and infrastructure-as-a-service. 

Sec. 6. Strategies, best practices, and technical assistance for covered frontier 

artificial intelligence model developers. 

Sec. 7. Cybersecurity standards for covered frontier artificial intelligence model 

developers. 

Sec. 8. Other requirements. 

Sec. 9. Enforcement and penalties. 

Sec. 10. Authorization of appropriations. 

1 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

2 (a) FINDINGS.—Congress finds the following: 

3 (1) Advancements in artificial intelligence have 

4 the potential to dramatically improve and transform 

5 our way of life, but also present a broad spectrum 

6 of risks that could be harmful to the people of the 

7 United States. 

8 (2) According to the United States Govern9 ment, academia, and distinguished experts, advance10 ments in artificial intelligence have the potential to 

11 be misused by bad actors. 

12 (3) The Department of Defense, the Depart13 ment of State, the intelligence community, and the 

14 National Security Commission on Artificial Intel15 ligence, as well as senior officials at the Department 

16 of Energy, Argonne National Laboratory, the Cyber17 security and Infrastructure Security Agency, and the 

18 National Counterterrorism Center, have underscored 

19 that advanced artificial intelligence poses risks to 

20 United States national security, including through 


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1 enabling the development of biological, chemical, 

2 cyber, radiological, or nuclear weapons. 

3 (4) Advanced artificial intelligence models could 

4 one day be leveraged by terrorists or adversarial na5 tion state regimes to cause widespread harm or 

6 threaten United States national security. 

7 (5) A September 2023 hearing titled, ‘‘Ad8 vanced Technology: Examining Threats to National 

9 Security’’, held by the Subcommittee on Emerging 

10 Threats and Spending Oversight of the Committee 

11 on Homeland Security and Governmental Affairs of 

12 the Senate, heard testimony that advanced artificial 

13 intelligence models could facilitate or assist in the 

14 development of extreme national security risks and 

15 that the United States Government may lack au16 thorities to adequately respond to such risks posed 

17 by broadly capable, general purpose frontier artifi18 cial intelligence models. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) the Federal Government should address ex22 treme risks posed by advanced artificial intelligence, 

23 yet also ensure that the domestic artificial intel24 ligence industry is able to develop and maintain an 

25 advantage over foreign adversaries; and 


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1 (2) the Federal Government should ensure that 

2 any new requirements placed on industry do not bar 

3 new entrants who will help drive innovation and dis4 covery. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

7 (1) ALIEN.—The term ‘‘alien’’ has the meaning 

8 given such term in section 101 of the Immigration 

9 and Nationality Act (8 U.S.C. 1101). 

10 (2) COVERED DATA CENTER.—The term ‘‘cov11 ered data center’’ means a set of physically co-lo12 cated machines having a theoretical maximum com13 puting capacity of 100,000,000,000,000,000,000 in14 teger or floating-point operations per second, includ15 ing those connected by data center networking at a 

16 rate of over 100 gigabits per second for training cov17 ered frontier artificial intelligence models. 

18 (3) COVERED FRONTIER ARTIFICIAL INTEL19 LIGENCE MODEL.— 

20 (A) IN GENERAL.—Except as provided in 

21 subparagraph (B), the term ‘‘covered frontier 

22 artificial intelligence model’’ means a type of 

23 artificial intelligence model that— 

24 (i) is trained with a total quantity of 

25 compute power greater than 


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1 100,000,000,000,000,000,000,000,000 op2 erations; 

3 (ii) is— 

4 (I) broadly capable, general-pur5 pose, and able to complete a variety of 

6 downstream tasks; or 

7 (II) designed to produce outputs 

8 relating to biology, chemistry, radio9 active materials, nuclear development, 

10 or cyber capabilities; and 

11 (iii) is accessible to users in the 

12 United States. 

13 (B) ALTERNATE DEFINITION.—Not less 

14 frequently than every 2 years, the Secretary of 

15 Commerce shall submit to Congress rec16 ommended changes, if any, to the definition of 

17 the term ‘‘covered frontier artificial intelligence 

18 model’’ under subparagraph (A) that shall be 

19 based on capabilities of artificial intelligence 

20 models to pose chemical, biological, radiological, 

21 nuclear, or cyber risks as technological advance22 ments occur. 

23 (4) COVERED FRONTIER ARTIFICIAL INTEL24 LIGENCE MODEL DEVELOPER.—The term ‘‘covered 

25 frontier artificial intelligence model developer’’ 


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1 means a person who develops, trains, pre-trains or 

2 fine-tunes, or creates a covered frontier artificial in3 telligence model, including by taking steps to initiate 

4 a training run of the covered frontier artificial intel5 ligence model. 

6 (5) COVERED INTEGRATED CIRCUITS.—The 

7 term ‘‘covered integrated circuits’’ means— 

8 (A) integrated circuits classified under Ex9 port Control Classification Number 3A090 or 

10 3A001; or 

11 (B) computers and other products classi12 fied under Export Control Classification Num13 ber 4A090 or 4A003. 

14 (6) DEPLOY.—The term ‘‘deploy’’ means an ac15 tion taken by a covered frontier artificial intelligence 

16 model developer to release, sell, or otherwise provide 

17 access to a covered frontier artificial intelligence 

18 model outside the custody of the developer, including 

19 by releasing an open source covered frontier artifi20 cial intelligence model. 

21 (7) EXECUTIVE AGENCY.—The term ‘‘Executive 

22 agency’’ has the meaning given such term in section 

23 1015 of title 5, United States Code. 


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1 (8) FOREIGN PERSON.—The term ‘‘foreign per2 son’’ means a person that is not a United States 

3 person. 

4 (9) INFRASTRUCTURE-AS-A-SERVICE PRO5 VIDER.—The term ‘‘infrastructure-as-a-service pro6 vider’’ means a person who sells or makes otherwise 

7 available to customers infrastructure-as-a-service 

8 products or services that provide cloud-based proc9 essing, storage, networks, or other fundamental com10 puting resources, and with which the consumer is 

11 able to deploy and run software that is not 

12 predefined, including operating systems and applica13 tions. 

14 (10) LAWFULLY ADMITTED FOR PERMANENT

15 RESIDENCE.—The term ‘‘lawfully admitted for per16 manent residence’’ has the meaning given such term 

17 in section 101 of the Immigration and Nationality 

18 Act (8 U.S.C. 1101). 

19 (11) OFFICE.—The term ‘‘Office’’ means the 

20 Artificial Intelligence Safety Review Office estab21 lished pursuant to section 4(a). 

22 (12) PERSON.—The term ‘‘person’’ means an 

23 individual or entity. 

24 (13) UNDER SECRETARY.—The term ‘‘Under 

25 Secretary’’ means the Under Secretary of Commerce 


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1 for Artificial Intelligence Safety appointed under 

2 section 4(d)(1). 

3 (14) UNITED STATES PERSON.—The term 

4 ‘‘United States person’’ means— 

5 (A) a United States citizen or an alien law6 fully admitted for permanent residence to the 

7 United States; 

8 (B) an entity organized under the laws of 

9 the United States or of any jurisdiction within 

10 the United States, including a foreign branch of 

11 such an entity; or 

12 (C) a person in the United States. 

13 (15) RED-TEAMING.—The term ‘‘red-teaming’’ 

14 means structured adversarial testing efforts of a cov15 ered frontier artificial intelligence model to identify 

16 risks, flaws, and vulnerabilities of an artificial intel17 ligence system, such as harmful outputs from the 

18 system, unforeseen or undesirable system behaviors, 

19 limitations, or potential risks associated with the 

20 misuse of the model, related to chemical, biological, 

21 radiological, nuclear, or cyber risks. 

22 SEC. 4. ESTABLISHMENT OF ARTIFICIAL INTELLIGENCE 

23 SAFETY REVIEW OFFICE. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the Sec3 retary of Commerce shall establish an office for the 

4 purposes set forth under subsection (b). 

5 (2) DESIGNATION.—The office established pur6 suant to paragraph (1) shall be known as the ‘‘Arti7 ficial Intelligence Safety Review Office’’. 

8 (b) PURPOSES.—The purposes of the Office are as 

9 follows: 

10 (1) To oversee risks posed by covered frontier 

11 artificial intelligence models relating to chemical, bi12 ological, radiological, nuclear, and cybersecurity 

13 threats. 

14 (2) To lead interagency efforts to implement 

15 the requirements of this Act. 

16 (3) To evaluate covered frontier artificial intel17 ligence models for compliance with the requirements 

18 of this Act. 

19 (4) To study and to submit to Congress reports 

20 on unforeseen challenges and risks posed by ad21 vanced artificial intelligence. 

22 (c) INTERAGENCY COORDINATION.—The Office shall 

23 carry out the purposes set forth in subsection (b) and 

24 functions of the Office set forth under subsection (e) in 

25 coordination with the heads of each of the following: 


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1 (1) The Department of Energy. 

2 (2) The Department of Homeland Security. 

3 (3) The Department of Health and Human 

4 Services. 

5 (4) The Bureau of Industry and Security. 

6 (5) The National Institute for Standards and 

7 Technology. 

8 (6) The National Nuclear Security Administra9 tion. 

10 (7) The Cybersecurity and Infrastructure Secu11 rity Agency. 

12 (8) The National Security Agency. 

13 (9) Such other Executive agencies as the Presi14 dent considers appropriate. 

15 (d) ORGANIZATION.— 

16 (1) UNDER SECRETARY OF COMMERCE FOR AR17 TIFICIAL INTELLIGENCE SAFETY.—The President 

18 shall appoint, by and with the advice and consent of 

19 the Senate, an Under Secretary of Commerce for 

20 Artificial Intelligence Safety, who shall— 

21 (A) have experience and expertise in na22 tional security; and 

23 (B) oversee the Office established in this 

24 section. 


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1 (2) DETAILEES.—Each head of an Executive 

2 agency set forth under subsection (c) shall detail or 

3 assign to the Office 1 or more employees of the Ex4 ecutive agency for a period of not less than 1 year. 

5 (3) OFFICERS AND EMPLOYEES.— 

6 (A) IN GENERAL.—Except as otherwise 

7 provided in this subsection, officers and employ8 ees of the Office shall be selected and appointed 

9 by the Under Secretary, and shall be vested 

10 with such powers and duties as the Under Sec11 retary may determine. 

12 (B) ADMINISTRATIVELY DETERMINED EM13 PLOYEES.— 

14 (i) APPOINTMENT; COMPENSATION; 

15 REMOVAL.—Of the officers and employees 

16 employed by the Office under subpara17 graph (A), not more than 50 may be ap18 pointed, compensated, or removed without 

19 regard to title 5, United States Code. 

20 (ii) ADDITIONAL POSITIONS.—Posi21 tions authorized by clause (i) shall be in 

22 addition to those otherwise authorized by 

23 law, including positions authorized under 

24 section 5108 of title 5, United States 

25 Code. 


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1 (iii) RATES OF PAY FOR OFFICERS

2 AND EMPLOYEES.—The Under Secretary 

3 may set and adjust rates of basic pay for 

4 officers and employees appointed under 

5 clause (i) without regard to the provisions 

6 of chapter 51 or subchapter III of chapter 

7 53 of title 5, United States Code, relating 

8 to classification of positions and General 

9 Schedule pay rates, respectively. 

10 (C) TECHNICAL EXPERTISE.—The Under 

11 Secretary shall ensure that the staff of the Of12 fice has technical expertise in each of the fol13 lowing fields: 

14 (i) Artificial intelligence. 

15 (ii) Biotechnology. 

16 (iii) Cybersecurity. 

17 (iv) Physics. 

18 (v) Such other fields as the Under 

19 Secretary determines relevant to the ad20 ministration of the responsibilities of the 

21 Office. 

22 (e) FUNCTIONS.—The Under Secretary shall be re23 sponsible for the functions of the Office, which are as fol24 lows: 


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1 (1) To establish the reporting procedures re2 quired by section 5(a). 

3 (2) To issue guidance in accordance with sec4 tion 5(b). 

5 (3) To design the evaluation required by section 

6 5(c)(1). 

7 (4) To conduct pre-deployment reviews under 

8 section 5(d). 

9 (5) To issue regulations under section 5(f). 

10 (f) BIENNIAL STUDIES.—Not later than 3 years after 

11 the date of the enactment of this Act, and not less fre12 quently than once every 2 years thereafter, the Under Sec13 retary shall— 

14 (1) conduct a study on unforeseen challenges 

15 and new risks posed by advanced artificial intel16 ligence; and 

17 (2) submit to Congress a report on the findings 

18 of the Under Secretary with respect to the study 

19 conducted under paragraph (1). 

20 (g) CONGRESSIONAL REPORTING.— 

21 (1) ORGANIZATION CHART AND MISSION-STATE22 MENT.—Not later than 180 days after the date on 

23 which the Office is established, the Under Secretary 

24 shall submit to Congress an initial organization 

25 chart and mission statement for the Office. 


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1 (2) REPORT ON ACTIVITIES AND CHAL2 LENGES.—Not later than 1 year after the date on 

3 which the Office is established, the Under Secretary 

4 shall submit to Congress a report on the activities 

5 of the Office and the challenges faced by the Office. 

6 (3) SUBMITTAL OF RUBRIC.—Not later than 1 

7 year after the date of the enactment of this Act, the 

8 Under Secretary shall submit to Congress the stand9 ardized rubrics established under section 5(c)(1)(E). 

10 (4) ANNUAL REPORTS.— 

11 (A) IN GENERAL.—Each year, the Under 

12 Secretary shall submit an annual report to Con13 gress on the activities of the Office. 

14 (B) ELEMENTS.—Each report submitted 

15 under subparagraph (A) shall include statistics 

16 relating to the number of reviews conducted by 

17 the Under Secretary under section 5(d), includ18 ing the outcomes of such reviews, for the period 

19 covered by the report. 

20 SEC. 5. OVERSIGHT OF COVERED FRONTIER ARTIFICIAL IN21 TELLIGENCE MODELS, COVERED INTE22 GRATED CIRCUITS, AND INFRASTRUCTURE23 AS-A-SERVICE. 

24 (a) REPORTING PROCEDURES.—Not later than 1 

25 year after the date of the enactment of this Act, the Under 


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1 Secretary shall, in coordination with the Under Secretary 

2 of Commerce for Industry and Security, the Director of 

3 the National Institute of Standards and Technology, the 

4 Secretary of Energy, and the heads of such other entities 

5 specified under subsection (c) as the Under Secretary con6 siders necessary, establish the following: 

7 (1) Procedures for covered frontier artificial in8 telligence model developers to report on implementa9 tion of red-teaming and mitigation techniques re10 quired under section 8(c)(1)(A). 

11 (2) Procedures for covered frontier artificial in12 telligence model developers to report on cybersecu13 rity standards that must be implemented, as re14 quired under section 8(c)(1)(B). Such procedures 

15 may also include ways for the Office to verify such 

16 implementation. 

17 (3) Procedures for covered frontier artificial in18 telligence model developers to report on the imple19 mentation of requirements under section 8. 

20 (4) Procedures for covered data centers to re21 port facilities in accordance with section 8(a). 

22 (5) Procedures for sellers of covered integrated 

23 circuits and infrastructure-as-a-service providers to 

24 report on the implementation and adherence to 

25 standards as required by section 8(b)(2). 


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1 (6) Procedures for how the Office shall ensure 

2 the protection of proprietary or sensitive information 

3 provided by persons pursuant to reporting require4 ments established under this Act. 

5 (b) REQUIRED STANDARDS.— 

6 (1) KNOW-YOUR-CUSTOMER STANDARDS.— 

7 (A) IN GENERAL.—Not later than 1 year 

8 after the date of the enactment of this Act, the 

9 Under Secretary shall issue required know10 your-customer standards for sellers of covered 

11 integrated circuit and providers of infrastruc12 ture-as-a-service to implement when transacting 

13 with foreign persons. 

14 (B) ELEMENTS.—The standards issued 

15 pursuant to subparagraph (A) shall include, at 

16 a minimum, standards for the following: 

17 (i) Collecting the following informa18 tion: 

19 (I) The name of the customer. 

20 (II) The Internet Protocol ad21 dress, if applicable. 

22 (III) The location from where the 

23 purchased product will be used. 

24 (IV) Information on beneficial 

25 ownership. 


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1 (V) Such other information as 

2 the Under Secretary and the Under 

3 Secretary of Commerce for Industry 

4 and Security considers appropriate. 

5 (ii) Privacy protections for personally 

6 identifiable information and proprietary in7 formation provided by customers. 

8 (iii) Retention of information de9 scribed in clause (i). 

10 (iv) Identifying and reporting on po11 tential customers or transactions that 

12 could pose national security risks. 

13 (2) STANDARDS FOR RED-TEAMING PRACTICES

14 AND OTHER APPROPRIATE TECHNIQUES.— 

15 (A) IN GENERAL.—Not later than 1 year 

16 after the date of the enactment of this Act, the 

17 Under Secretary shall, in coordination with the 

18 Director of the National Institute of Standards 

19 and Technology, the Director of the Cybersecu20 rity and Infrastructure Security Agency, and 

21 the Secretary of Energy, issue required stand22 ards for red-teaming practices and other appro23 priate techniques for covered frontier artificial 

24 intelligence model developers. 


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1 (B) LIMITATION.—The red-teaming prac2 tices and other appropriate techniques required 

3 by subparagraph (A) shall only address meth4 ods to mitigate chemical, biological, radiological, 

5 nuclear, and cyber risks from covered frontier 

6 artificial intelligence models during the develop7 ment and training of such models, including 

8 during data curation and processing. 

9 (c) EVALUATIONS.— 

10 (1) DESIGN.— 

11 (A) IN GENERAL.—Not later than 1 year 

12 after the date of the enactment of this Act, the 

13 Under Secretary shall, in coordination with the 

14 heads of entities specified under section 4(c), 

15 design an evaluation that shall be used by a 

16 person seeking to deploy a covered frontier arti17 ficial intelligence model to evaluate the model 

18 before deployment of the model in accordance 

19 with section 8(d). 

20 (B) COMPONENTS.—In designing the eval21 uation under subparagraph (A), the Under Sec22 retary shall ensure the evaluation— 

23 (i) includes a mechanism for assessing 

24 capabilities of covered frontier artificial in25 telligence models to produce outputs that 


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1 pose chemical, biological, radiological, nu2 clear, and cyber risks in a manner that is 

3 increased compared to baseline risk; and 

4 (ii) can be used to assess certain fea5 tures of a covered frontier artificial intel6 ligence model, including an assessment of 

7 the types of data on which the model is 

8 trained and model weights. 

9 (C) BASELINE RISK.—For purposes of the 

10 evaluations to be designed under subparagraph 

11 (A), the Under Secretary shall establish a level 

12 of baseline risk, which shall be a measure of the 

13 ability of a person to create a chemical, biologi14 cal, radiological, nuclear, or cyber threat with15 out access to a covered frontier artificial intel16 ligence model. 

17 (D) LIMITATIONS.—The Under Secretary 

18 may not require the use of evaluations under 

19 subparagraph (A) to test for risks other than 

20 chemical, biological, radiological, nuclear, or 

21 cyber risks. 

22 (E) STANDARDIZED RUBRICS.—The Under 

23 Secretary shall establish standardized rubrics 

24 for reviewing results of evaluations of covered 

25 frontier artificial intelligence models conducted 


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1 using the evaluation designed under subpara2 graph (A) to assess whether the covered fron3 tier artificial intelligence model has incor4 porated sufficient safeguards against producing 

5 outputs that pose chemical, biological, radio6 logical, nuclear, and cyber risks. 

7 (2) IMPLEMENTATION.—Pursuant to regula8 tions promulgated under subsection (f), each person 

9 seeking to deploy a covered frontier artificial intel10 ligence model shall— 

11 (A) conduct an evaluation of the covered 

12 frontier artificial intelligence model using the 

13 evaluation designed under paragraph (1); and 

14 (B) transmit to the Under Secretary the 

15 results of the evaluation conducted under sub16 paragraph (A). 

17 (d) PRE-DEPLOYMENT REVIEW.— 

18 (1) REVIEWS.— 

19 (A) AUTHORIZED.—Pursuant to receipt of 

20 a notice under section 8(d)(2) from a person 

21 seeking to deploy a covered frontier artificial in22 telligence model, the Under Secretary may ini23 tiate a review of the covered frontier artificial 

24 intelligence model under this subsection. 


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1 (B) REQUIRED.—Pursuant to receipt of a 

2 request submitted under subsection (e)(3) for a 

3 rereview of a covered frontier artificial intel4 ligence model, the Under Secretary shall initiate 

5 another review of the covered frontier artificial 

6 intelligence model under this subsection. 

7 (2) REVIEW ELEMENTS.—In carrying out a re8 view under paragraph (1) of a covered frontier arti9 ficial intelligence model for a person seeking to de10 ploy a covered frontier artificial intelligence model, 

11 the Under Secretary shall— 

12 (A) using the standardized rubrics estab13 lished under paragraph (1)(E) of subsection (c), 

14 assess the results of the evaluation conducted 

15 by the person in accordance with paragraph (2) 

16 of such subsection; 

17 (B) determine whether the person has suf18 ficiently mitigated against producing outputs 

19 from such covered frontier artificial intelligence 

20 model that pose chemical, biological, radio21 logical, nuclear, and cyber risks based on the 

22 assessment conducted under subparagraph (A); 

23 and 

24 (C) ensure the person is in compliance 

25 with any regulations promulgated by the Under 


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1 Secretary under subsection (f) or any other re2 quirement of this Act. 

3 (3) INTERAGENCY PROCESS.—The Under Sec4 retary shall coordinate with the heads of the Execu5 tive agencies specified under section 4(c), as the 

6 Under Secretary determines appropriate, to complete 

7 reviews under this subsection. 

8 (4) MATERIALS.—Upon request by the Under 

9 Secretary, a person seeking to deploy a covered fron10 tier artificial intelligence model shall provide to the 

11 Under Secretary such additional materials as the 

12 Under Secretary considers necessary to conduct a 

13 review under this subsection. 

14 (5) TIMELINE.—Any review conducted— 

15 (A) pursuant to paragraph (1)(A) shall be 

16 completed before the end of the 90-day period 

17 beginning on the date of the acceptance of writ18 ten notice under section 8(d)(2) by the Under 

19 Secretary; and 

20 (B) pursuant to paragraph (1)(B) shall be 

21 completed before the end of the 90-day period 

22 beginning on the date of the receipt of the re23 quest submitted for rereview under subsection 

24 (e)(3) by the Under Secretary. 


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1 (6) NOTICE OF RESULTS.—If the Under Sec2 retary initiates a review for a person under para3 graph (1), the Under Secretary shall notify the per4 son of the results of a review on or before the date 

5 that is 5 days after the date on which all action 

6 under this subsection has been completed with re7 spect to the review. 

8 (e) ACTIONS BY THE UNDER SECRETARY.— 

9 (1) IN GENERAL.—The Under Secretary may 

10 prohibit deployment of a covered frontier artificial 

11 intelligence model if the Under Secretary— 

12 (A) determines, pursuant to a review under 

13 subsection (d), that the covered frontier artifi14 cial intelligence model poses insufficiently miti15 gated chemical, biological, radiological, nuclear, 

16 or cyber risks to national security; and 

17 (B) on or before the date that is 5 days 

18 after the date on which all action under sub19 section (d) has been completed with respect to 

20 the review, notifies the person seeking to deploy 

21 the covered frontier artificial intelligence model 

22 of the determination described in subparagraph 

23 (A) of this paragraph. 

24 (2) EXPLANATION.—For all determinations 

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1 ment of a covered frontier artificial intelligence 

2 model by a person under paragraph (1), the Under 

3 Secretary shall provide to the person an explanation 

4 for such determination and such additional technical 

5 feedback as the Under Secretary considers appro6 priate. 

7 (3) REQUEST FOR REREVIEW.—Upon a deter8 mination by the Under Secretary to prohibit the de9 ployment of a covered frontier artificial intelligence 

10 model by a person under paragraph (1)— 

11 (A) the person may submit to the Under 

12 Secretary a request for a rereview under sub13 section (d)(1) and in so doing shall submit to 

14 the Under Secretary such materials as the 

15 Under Secretary considers appropriate to obtain 

16 another review under such subsection; and 

17 (B) the Under Secretary shall give priority 

18 to rereviews under subsection (d)(1) carried out 

19 pursuant to requests submitted under subpara20 graph (A) of this paragraph. 

21 (4) APPEALS.— 

22 (A) PROCESS FOR APPEAL.—The Under 

23 Secretary shall establish a process under which 

24 a person who is prohibited under paragraph (1) 

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1 telligence model may request the Secretary to 

2 review the determination. 

3 (B) REVIEW.—The Secretary shall review 

4 each determination for which a request is made 

5 under clause (i) within 90 days and confirm or 

6 change the determination as the Secretary con7 siders appropriate. 

8 (f) REGULATIONS.—Not later than 1 year after the 

9 date of the enactment of this Act, the Under Secretary 

10 shall issue regulations to implement this section. 

11 SEC. 6. STRATEGIES, BEST PRACTICES, AND TECHNICAL AS12 SISTANCE FOR COVERED FRONTIER ARTIFI13 CIAL INTELLIGENCE MODEL DEVELOPERS. 

14 (a) IN GENERAL.—The Director of the National In15 stitute of Standards and Technology may, acting through 

16 the Artificial Intelligence Safety Institute, make available 

17 to the Office and to covered frontier artificial intelligence 

18 model developers— 

19 (1) mitigation strategies and best practices that 

20 covered frontier artificial intelligence model devel21 opers can leverage to mitigate chemical, biological, 

22 radiological, nuclear, and cyber risks; and 

23 (2) technical assistance. 

24 (b) REPORT.—Not later than 1 year after the date 

25 of the enactment of this Act, the Director shall submit 


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1 to Congress a report on the status of the strategies, best 

2 practices, and technical assistance made available under 

3 subsection (a). 

4 SEC. 7. CYBERSECURITY STANDARDS FOR COVERED FRON5 TIER ARTIFICIAL INTELLIGENCE MODEL DE6 VELOPERS. 

7 (a) IN GENERAL.—The Director of the Cybersecurity 

8 and Infrastructure Security Agency, in coordination with 

9 the Director of the National Security Agency, the Director 

10 of the National Institute for Standards and Technology, 

11 and the Under Secretary, shall develop or identify cyberse12 curity standards for covered frontier artificial intelligence 

13 model developers to implement in order to safeguard arti14 ficial intelligence model weights and other sensitive infor15 mation. 

16 (b) USE OF CERTAIN IDENTIFIED BEST PRAC17 TICES.—In carrying out subsection (a), the Director of the 

18 Cybersecurity and Infrastructure Security Agency may le19 verage best practices identified in any Joint Cybersecurity 

20 Information bulletin determined relevant by the Director. 

21 SEC. 8. OTHER REQUIREMENTS. 

22 (a) REPORTING REQUIREMENTS FOR COVERED DATA

23 CENTERS.— 

24 (1) REQUIREMENT.—Any person who owns a 

25 covered data center shall report to the Under SecVerDate Sep 11 2014 03:38 Jan 26, 2025 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S5616.IS S5616

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1 retary any facilities owned by that person that are 

2 covered data centers. 

3 (2) ELEMENTS.—Reporting of a facility under 

4 paragraph (1) shall include the following: 

5 (A) The location of the facility. 

6 (B) The name of the owner of the facility. 

7 (b) REQUIREMENTS FOR SELLERS OF COVERED IN8 TEGRATED CIRCUITS AND INFRASTRUCTURE-AS-A-SERV9 ICE PROVIDERS.—Sellers of covered integrated circuits 

10 and infrastructure-as-a-service providers shall— 

11 (1) implement and adhere to the standards 

12 issued pursuant to section 5(b)(1); and 

13 (2) report to the Under Secretary on such im14 plementation and adherence. 

15 (c) REQUIREMENTS FOR COVERED FRONTIER ARTI16 FICIAL INTELLIGENCE MODEL DEVELOPERS.— 

17 (1) IN GENERAL.—A covered frontier artificial 

18 intelligence model developer shall implement— 

19 (A) the standards issued by the Under 

20 Secretary under section 5(b)(2) to mitigate 

21 chemical, biological, radiological, nuclear, and 

22 cyber risks; and 

23 (B) cybersecurity standards developed or 

24 identified pursuant to section 7. 


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1 (2) REPORTING.—A covered frontier artificial 

2 intelligence model developer shall report to the 

3 Under Secretary on the implementation of guidance 

4 and standards required under paragraph (1). 

5 (d) REQUIREMENTS FOR PERSONS SEEKING TO DE6 PLOY A COVERED FRONTIER ARTIFICIAL INTELLIGENCE

7 MODEL.—Any person seeking to deploy a covered frontier 

8 artificial intelligence model shall— 

9 (1) conduct an evaluation of the covered fron10 tier artificial intelligence model in accordance with 

11 section 5(c)(2); and 

12 (2) provide written notification to the Under 

13 Secretary and submit the findings of the person with 

14 respect to the evaluation conducted under paragraph 

15 (1). 

16 (e) REGULATIONS FOR TIMELINES.—The Secretary 

17 may issue regulations to establish timelines for the re18 quirements under this section. 

19 SEC. 9. ENFORCEMENT AND PENALTIES. 

20 (a) IN GENERAL.—No person may deploy a covered 

21 frontier artificial intelligence model that has been prohib22 ited from deployment by the Under Secretary under sec23 tion 5(e). 


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1 (b) ENFORCEMENT.—The Attorney General may 

2 seek appropriate relief in the district courts of the United 

3 States in order to enforce the requirements of this Act. 

4 (c) CRIMINAL PENALTIES.—Any person determined 

5 to have knowingly deployed a covered frontier artificial in6 telligence model in violation of subsection (a) shall be sub7 ject to imprisonment for a period of not more than 10 

8 years. 

9 (d) CIVIL PENALTIES.—The Under Secretary shall 

10 issue a fine of not more than $1,000,000 per day to a 

11 person who is subject to a provision of this Act or a regu12 lation promulgated under this Act and who fails to comply 

13 with such provision or regulation. 

14 SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

15 There is authorized to be appropriated to the Office 

16 $50,000,000 to carry out this Act. 

Æ 


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