```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5616 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Preserving 
American Dominance in Artificial Intelligence Act of 2024''.
    (b) Table of Contents.--The table of contents for 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.
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.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Advancements in artificial intelligence have the 
        potential to dramatically improve and transform our way of 
        life, but also present a broad spectrum of risks that could be 
        harmful to the people of the United States.
            (2) According to the United States Government, academia, 
        and distinguished experts, advancements in artificial 
        intelligence have the potential to be misused by bad actors.
            (3) The Department of Defense, the Department of State, the 
        intelligence community, and the National Security Commission on 
        Artificial Intelligence, as well as senior officials at the 
        Department of Energy, Argonne National Laboratory, the 
        Cybersecurity and Infrastructure Security Agency, and the 
        National Counterterrorism Center, have underscored that 
        advanced artificial intelligence poses risks to United States 
        national security, including through enabling the development 
        of biological, chemical, cyber, radiological, or nuclear 
        weapons.
            (4) Advanced artificial intelligence models could one day 
        be leveraged by terrorists or adversarial nation state regimes 
        to cause widespread harm or threaten United States national 
        security.
            (5) A September 2023 hearing titled, ``Advanced Technology: 
        Examining Threats to National Security'', held by the 
        Subcommittee on Emerging Threats and Spending Oversight of the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate, heard testimony that advanced artificial intelligence 
        models could facilitate or assist in the development of extreme 
        national security risks and that the United States Government 
        may lack authorities to adequately respond to such risks posed 
        by broadly capable, general purpose frontier artificial 
        intelligence models.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the Federal Government should address extreme risks 
        posed by advanced artificial intelligence, yet also ensure that 
        the domestic artificial intelligence industry is able to 
        develop and maintain an advantage over foreign adversaries; and
            (2) the Federal Government should ensure that any new 
        requirements placed on industry do not bar new entrants who 
        will help drive innovation and discovery.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Alien.--The term ``alien'' has the meaning given such 
        term in section 101 of the Immigration and Nationality Act (8 
        U.S.C. 1101).
            (2) Covered data center.--The term ``covered data center'' 
        means a set of physically co-located machines having a 
        theoretical maximum computing capacity of 
        100,000,000,000,000,000,000 integer or floating-point 
        operations per second, including those connected by data center 
        networking at a rate of over 100 gigabits per second for 
        training covered frontier artificial intelligence models.
            (3) Covered frontier artificial intelligence model.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``covered frontier artificial 
                intelligence model'' means a type of artificial 
                intelligence model that--
                            (i) is trained with a total quantity of 
                        compute power greater than 
                        100,000,000,000,000,000,000,000,000 operations;
                            (ii) is--
                                    (I) broadly capable, general-
                                purpose, and able to complete a variety 
                                of downstream tasks; or
                                    (II) designed to produce outputs 
                                relating to biology, chemistry, 
                                radioactive materials, nuclear 
                                development, or cyber capabilities; and
                            (iii) is accessible to users in the United 
                        States.
                    (B) Alternate definition.--Not less frequently than 
                every 2 years, the Secretary of Commerce shall submit 
                to Congress recommended changes, if any, to the 
                definition of the term ``covered frontier artificial 
                intelligence model'' under subparagraph (A) that shall 
                be based on capabilities of artificial intelligence 
                models to pose chemical, biological, radiological, 
                nuclear, or cyber risks as technological advancements 
                occur.
            (4) Covered frontier artificial intelligence model 
        developer.--The term ``covered frontier artificial intelligence 
        model developer'' means a person who develops, trains, pre-
        trains or fine-tunes, or creates a covered frontier artificial 
        intelligence model, including by taking steps to initiate a 
        training run of the covered frontier artificial intelligence 
        model.
            (5) Covered integrated circuits.--The term ``covered 
        integrated circuits'' means--
                    (A) integrated circuits classified under Export 
                Control Classification Number 3A090 or 3A001; or
                    (B) computers and other products classified under 
                Export Control Classification Number 4A090 or 4A003.
            (6) Deploy.--The term ``deploy'' means an action taken by a 
        covered frontier artificial intelligence model developer to 
        release, sell, or otherwise provide access to a covered 
        frontier artificial intelligence model outside the custody of 
        the developer, including by releasing an open source covered 
        frontier artificial intelligence model.
            (7) Executive agency.--The term ``Executive agency'' has 
        the meaning given such term in section 1015 of title 5, United 
        States Code.
            (8) Foreign person.--The term ``foreign person'' means a 
        person that is not a United States person.
            (9) Infrastructure-as-a-service provider.--The term 
        ``infrastructure-as-a-service provider'' means a person who 
        sells or makes otherwise available to customers infrastructure-
        as-a-service products or services that provide cloud-based 
        processing, storage, networks, or other fundamental computing 
        resources, and with which the consumer is able to deploy and 
        run software that is not predefined, including operating 
        systems and applications.
            (10) Lawfully admitted for permanent residence.--The term 
        ``lawfully admitted for permanent residence'' has the meaning 
        given such term in section 101 of the Immigration and 
        Nationality Act (8 U.S.C. 1101).
            (11) Office.--The term ``Office'' means the Artificial 
        Intelligence Safety Review Office established pursuant to 
        section 4(a).
            (12) Person.--The term ``person'' means an individual or 
        entity.
            (13) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Artificial Intelligence 
        Safety appointed under section 4(d)(1).
            (14) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) a person in the United States.
            (15) Red-teaming.--The term ``red-teaming'' means 
        structured adversarial testing efforts of a covered frontier 
        artificial intelligence model to identify risks, flaws, and 
        vulnerabilities of an artificial intelligence system, such as 
        harmful outputs from the system, unforeseen or undesirable 
        system behaviors, limitations, or potential risks associated 
        with the misuse of the model, related to chemical, biological, 
        radiological, nuclear, or cyber risks.

SEC. 4. ESTABLISHMENT OF ARTIFICIAL INTELLIGENCE SAFETY REVIEW OFFICE.

    (a) Establishment.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Commerce shall 
        establish an office for the purposes set forth under subsection 
        (b).
            (2) Designation.--The office established pursuant to 
        paragraph (1) shall be known as the ``Artificial Intelligence 
        Safety Review Office''.
    (b) Purposes.--The purposes of the Office are as follows:
            (1) To oversee risks posed by covered frontier artificial 
        intelligence models relating to chemical, biological, 
        radiological, nuclear, and cybersecurity threats.
            (2) To lead interagency efforts to implement the 
        requirements of this Act.
            (3) To evaluate covered frontier artificial intelligence 
        models for compliance with the requirements of this Act.
            (4) To study and to submit to Congress reports on 
        unforeseen challenges and risks posed by advanced artificial 
        intelligence.
    (c) Interagency Coordination.--The Office shall carry out the 
purposes set forth in subsection (b) and functions of the Office set 
forth under subsection (e) in coordination with the heads of each of 
the following:
            (1) The Department of Energy.
            (2) The Department of Homeland Security.
            (3) The Department of Health and Human Services.
            (4) The Bureau of Industry and Security.
            (5) The National Institute for Standards and Technology.
            (6) The National Nuclear Security Administration.
            (7) The Cybersecurity and Infrastructure Security Agency.
            (8) The National Security Agency.
            (9) Such other Executive agencies as the President 
        considers appropriate.
    (d) Organization.--
            (1) Under secretary of commerce for artificial intelligence 
        safety.--The President shall appoint, by and with the advice 
        and consent of the Senate, an Under Secretary of Commerce for 
        Artificial Intelligence Safety, who shall--
                    (A) have experience and expertise in national 
                security; and
                    (B) oversee the Office established in this section.
            (2) Detailees.--Each head of an Executive agency set forth 
        under subsection (c) shall detail or assign to the Office 1 or 
        more employees of the Executive agency for a period of not less 
        than 1 year.
            (3) Officers and employees.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, officers and employees of the Office 
                shall be selected and appointed by the Under Secretary, 
                and shall be vested with such powers and duties as the 
                Under Secretary may determine.
                    (B) Administratively determined employees.--
                            (i) Appointment; compensation; removal.--Of 
                        the officers and employees employed by the 
                        Office under subparagraph (A), not more than 50 
                        may be appointed, compensated, or removed 
                        without regard to title 5, United States Code.
                            (ii) Additional positions.--Positions 
                        authorized by clause (i) shall be in addition 
                        to those otherwise authorized by law, including 
                        positions authorized under section 5108 of 
                        title 5, United States Code.
                            (iii) Rates of pay for officers and 
                        employees.--The Under Secretary may set and 
                        adjust rates of basic pay for officers and 
                        employees appointed under clause (i) without 
                        regard to the provisions of chapter 51 or 
                        subchapter III of chapter 53 of title 5, United 
                        States Code, relating to classification of 
                        positions and General Schedule pay rates, 
                        respectively.
                    (C) Technical expertise.--The Under Secretary shall 
                ensure that the staff of the Office has technical 
                expertise in each of the following fields:
                            (i) Artificial intelligence.
                            (ii) Biotechnology.
                            (iii) Cybersecurity.
                            (iv) Physics.
                            (v) Such other fields as the Under 
                        Secretary determines relevant to the 
                        administration of the responsibilities of the 
                        Office.
    (e) Functions.--The Under Secretary shall be responsible for the 
functions of the Office, which are as follows:
            (1) To establish the reporting procedures required by 
        section 5(a).
            (2) To issue guidance in accordance with section 5(b).
            (3) To design the evaluation required by section 5(c)(1).
            (4) To conduct pre-deployment reviews under section 5(d).
            (5) To issue regulations under section 5(f).
    (f) Biennial Studies.--Not later than 3 years after the date of the 
enactment of this Act, and not less frequently than once every 2 years 
thereafter, the Under Secretary shall--
            (1) conduct a study on unforeseen challenges and new risks 
        posed by advanced artificial intelligence; and
            (2) submit to Congress a report on the findings of the 
        Under Secretary with respect to the study conducted under 
        paragraph (1).
    (g) Congressional Reporting.--
            (1) Organization chart and mission-statement.--Not later 
        than 180 days after the date on which the Office is 
        established, the Under Secretary shall submit to Congress an 
        initial organization chart and mission statement for the 
        Office.
            (2) Report on activities and challenges.--Not later than 1 
        year after the date on which the Office is established, the 
        Under Secretary shall submit to Congress a report on the 
        activities of the Office and the challenges faced by the 
        Office.
            (3) Submittal of rubric.--Not later than 1 year after the 
        date of the enactment of this Act, the Under Secretary shall 
        submit to Congress the standardized rubrics established under 
        section 5(c)(1)(E).
            (4) Annual reports.--
                    (A) In general.--Each year, the Under Secretary 
                shall submit an annual report to Congress on the 
                activities of the Office.
                    (B) Elements.--Each report submitted under 
                subparagraph (A) shall include statistics relating to 
                the number of reviews conducted by the Under Secretary 
                under section 5(d), including the outcomes of such 
                reviews, for the period covered by the report.

SEC. 5. OVERSIGHT OF COVERED FRONTIER ARTIFICIAL INTELLIGENCE MODELS, 
              COVERED INTEGRATED CIRCUITS, AND INFRASTRUCTURE-AS-A-
              SERVICE.

    (a) Reporting Procedures.--Not later than 1 year after the date of 
the enactment of this Act, the Under Secretary shall, in coordination 
with the Under Secretary of Commerce for Industry and Security, the 
Director of the National Institute of Standards and Technology, the 
Secretary of Energy, and the heads of such other entities specified 
under subsection (c) as the Under Secretary considers necessary, 
establish the following:
            (1) Procedures for covered frontier artificial intelligence 
        model developers to report on implementation of red-teaming and 
        mitigation techniques required under section 8(c)(1)(A).
            (2) Procedures for covered frontier artificial intelligence 
        model developers to report on cybersecurity standards that must 
        be implemented, as required under section 8(c)(1)(B). Such 
        procedures may also include ways for the Office to verify such 
        implementation.
            (3) Procedures for covered frontier artificial intelligence 
        model developers to report on the implementation of 
        requirements under section 8.
            (4) Procedures for covered data centers to report 
        facilities in accordance with section 8(a).
            (5) Procedures for sellers of covered integrated circuits 
        and infrastructure-as-a-service providers to report on the 
        implementation and adherence to standards as required by 
        section 8(b)(2).
            (6) Procedures for how the Office shall ensure the 
        protection of proprietary or sensitive information provided by 
        persons pursuant to reporting requirements established under 
        this Act.
    (b) Required Standards.--
            (1) Know-your-customer standards.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Under Secretary 
                shall issue required know-your-customer standards for 
                sellers of covered integrated circuit and providers of 
                infrastructure-as-a-service to implement when 
                transacting with foreign persons.
                    (B) Elements.--The standards issued pursuant to 
                subparagraph (A) shall include, at a minimum, standards 
                for the following:
                            (i) Collecting the following information:
                                    (I) The name of the customer.
                                    (II) The Internet Protocol address, 
                                if applicable.
                                    (III) The location from where the 
                                purchased product will be used.
                                    (IV) Information on beneficial 
                                ownership.
                                    (V) Such other information as the 
                                Under Secretary and the Under Secretary 
                                of Commerce for Industry and Security 
                                considers appropriate.
                            (ii) Privacy protections for personally 
                        identifiable information and proprietary 
                        information provided by customers.
                            (iii) Retention of information described in 
                        clause (i).
                            (iv) Identifying and reporting on potential 
                        customers or transactions that could pose 
                        national security risks.
            (2) Standards for red-teaming practices and other 
        appropriate techniques.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Under Secretary 
                shall, in coordination with the Director of the 
                National Institute of Standards and Technology, the 
                Director of the Cybersecurity and Infrastructure 
                Security Agency, and the Secretary of Energy, issue 
                required standards for red-teaming practices and other 
                appropriate techniques for covered frontier artificial 
                intelligence model developers.
                    (B) Limitation.--The red-teaming practices and 
                other appropriate techniques required by subparagraph 
                (A) shall only address methods to mitigate chemical, 
                biological, radiological, nuclear, and cyber risks from 
                covered frontier artificial intelligence models during 
                the development and training of such models, including 
                during data curation and processing.
    (c) Evaluations.--
            (1) Design.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, the Under Secretary 
                shall, in coordination with the heads of entities 
                specified under section 4(c), design an evaluation that 
                shall be used by a person seeking to deploy a covered 
                frontier artificial intelligence model to evaluate the 
                model before deployment of the model in accordance with 
                section 8(d).
                    (B) Components.--In designing the evaluation under 
                subparagraph (A), the Under Secretary shall ensure the 
                evaluation--
                            (i) includes a mechanism for assessing 
                        capabilities of covered frontier artificial 
                        intelligence models to produce outputs that 
                        pose chemical, biological, radiological, 
                        nuclear, and cyber risks in a manner that is 
                        increased compared to baseline risk; and
                            (ii) can be used to assess certain features 
                        of a covered frontier artificial intelligence 
                        model, including an assessment of the types of 
                        data on which the model is trained and model 
                        weights.
                    (C) Baseline risk.--For purposes of the evaluations 
                to be designed under subparagraph (A), the Under 
                Secretary shall establish a level of baseline risk, 
                which shall be a measure of the ability of a person to 
                create a chemical, biological, radiological, nuclear, 
                or cyber threat without access to a covered frontier 
                artificial intelligence model.
                    (D) Limitations.--The Under Secretary may not 
                require the use of evaluations under subparagraph (A) 
                to test for risks other than chemical, biological, 
                radiological, nuclear, or cyber risks.
                    (E) Standardized rubrics.--The Under Secretary 
                shall establish standardized rubrics for reviewing 
                results of evaluations of covered frontier artificial 
                intelligence models conducted using the evaluation 
                designed under subparagraph (A) to assess whether the 
                covered frontier artificial intelligence model has 
                incorporated sufficient safeguards against producing 
                outputs that pose chemical, biological, radiological, 
                nuclear, and cyber risks.
            (2) Implementation.--Pursuant to regulations promulgated 
        under subsection (f), each person seeking to deploy a covered 
        frontier artificial intelligence model shall--
                    (A) conduct an evaluation of the covered frontier 
                artificial intelligence model using the evaluation 
                designed under paragraph (1); and
                    (B) transmit to the Under Secretary the results of 
                the evaluation conducted under subparagraph (A).
    (d) Pre-Deployment Review.--
            (1) Reviews.--
                    (A) Authorized.--Pursuant to receipt of a notice 
                under section 8(d)(2) from a person seeking to deploy a 
                covered frontier artificial intelligence model, the 
                Under Secretary may initiate a review of the covered 
                frontier artificial intelligence model under this 
                subsection.
                    (B) Required.--Pursuant to receipt of a request 
                submitted under subsection (e)(3) for a rereview of a 
                covered frontier artificial intelligence model, the 
                Under Secretary shall initiate another review of the 
                covered frontier artificial intelligence model under 
                this subsection.
            (2) Review elements.--In carrying out a review under 
        paragraph (1) of a covered frontier artificial intelligence 
        model for a person seeking to deploy a covered frontier 
        artificial intelligence model, the Under Secretary shall--
                    (A) using the standardized rubrics established 
                under paragraph (1)(E) of subsection (c), assess the 
                results of the evaluation conducted by the person in 
                accordance with paragraph (2) of such subsection;
                    (B) determine whether the person has sufficiently 
                mitigated against producing outputs from such covered 
                frontier artificial intelligence model that pose 
                chemical, biological, radiological, nuclear, and cyber 
                risks based on the assessment conducted under 
                subparagraph (A); and
                    (C) ensure the person is in compliance with any 
                regulations promulgated by the Under Secretary under 
                subsection (f) or any other requirement of this Act.
            (3) Interagency process.--The Under Secretary shall 
        coordinate with the heads of the Executive agencies specified 
        under section 4(c), as the Under Secretary determines 
        appropriate, to complete reviews under this subsection.
            (4) Materials.--Upon request by the Under Secretary, a 
        person seeking to deploy a covered frontier artificial 
        intelligence model shall provide to the Under Secretary such 
        additional materials as the Under Secretary considers necessary 
        to conduct a review under this subsection.
            (5) Timeline.--Any review conducted--
                    (A) pursuant to paragraph (1)(A) shall be completed 
                before the end of the 90-day period beginning on the 
                date of the acceptance of written notice under section 
                8(d)(2) by the Under Secretary; and
                    (B) pursuant to paragraph (1)(B) shall be completed 
                before the end of the 90-day period beginning on the 
                date of the receipt of the request submitted for 
                rereview under subsection (e)(3) by the Under 
                Secretary.
            (6) Notice of results.--If the Under Secretary initiates a 
        review for a person under paragraph (1), the Under Secretary 
        shall notify the person of the results of a review on or before 
        the date that is 5 days after the date on which all action 
        under this subsection has been completed with respect to the 
        review.
    (e) Actions by the Under Secretary.--
            (1) In general.--The Under Secretary may prohibit 
        deployment of a covered frontier artificial intelligence model 
        if the Under Secretary--
                    (A) determines, pursuant to a review under 
                subsection (d), that the covered frontier artificial 
                intelligence model poses insufficiently mitigated 
                chemical, biological, radiological, nuclear, or cyber 
                risks to national security; and
                    (B) on or before the date that is 5 days after the 
                date on which all action under subsection (d) has been 
                completed with respect to the review, notifies the 
                person seeking to deploy the covered frontier 
                artificial intelligence model of the determination 
                described in subparagraph (A) of this paragraph.
            (2) Explanation.--For all determinations made by the Under 
        Secretary to prohibit the deployment of a covered frontier 
        artificial intelligence model by a person under paragraph (1), 
        the Under Secretary shall provide to the person an explanation 
        for such determination and such additional technical feedback 
        as the Under Secretary considers appropriate.
            (3) Request for rereview.--Upon a determination by the 
        Under Secretary to prohibit the deployment of a covered 
        frontier artificial intelligence model by a person under 
        paragraph (1)--
                    (A) the person may submit to the Under Secretary a 
                request for a rereview under subsection (d)(1) and in 
                so doing shall submit to the Under Secretary such 
                materials as the Under Secretary considers appropriate 
                to obtain another review under such subsection; and
                    (B) the Under Secretary shall give priority to 
                rereviews under subsection (d)(1) carried out pursuant 
                to requests submitted under subparagraph (A) of this 
                paragraph.
            (4) Appeals.--
                    (A) Process for appeal.--The Under Secretary shall 
                establish a process under which a person who is 
                prohibited under paragraph (1) from deploying a covered 
                frontier artificial intelligence model may request the 
                Secretary to review the determination.
                    (B) Review.--The Secretary shall review each 
                determination for which a request is made under clause 
                (i) within 90 days and confirm or change the 
                determination as the Secretary considers appropriate.
    (f) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Under Secretary shall issue regulations to 
implement this section.

SEC. 6. STRATEGIES, BEST PRACTICES, AND TECHNICAL ASSISTANCE FOR 
              COVERED FRONTIER ARTIFICIAL INTELLIGENCE MODEL 
              DEVELOPERS.

    (a) In General.--The Director of the National Institute of 
Standards and Technology may, acting through the Artificial 
Intelligence Safety Institute, make available to the Office and to 
covered frontier artificial intelligence model developers--
            (1) mitigation strategies and best practices that covered 
        frontier artificial intelligence model developers can leverage 
        to mitigate chemical, biological, radiological, nuclear, and 
        cyber risks; and
            (2) technical assistance.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Director shall submit to Congress a report on the 
status of the strategies, best practices, and technical assistance made 
available under subsection (a).

SEC. 7. CYBERSECURITY STANDARDS FOR COVERED FRONTIER ARTIFICIAL 
              INTELLIGENCE MODEL DEVELOPERS.

    (a) In General.--The Director of the Cybersecurity and 
Infrastructure Security Agency, in coordination with the Director of 
the National Security Agency, the Director of the National Institute 
for Standards and Technology, and the Under Secretary, shall develop or 
identify cybersecurity standards for covered frontier artificial 
intelligence model developers to implement in order to safeguard 
artificial intelligence model weights and other sensitive information.
    (b) Use of Certain Identified Best Practices.--In carrying out 
subsection (a), the Director of the Cybersecurity and Infrastructure 
Security Agency may leverage best practices identified in any Joint 
Cybersecurity Information bulletin determined relevant by the Director.

SEC. 8. OTHER REQUIREMENTS.

    (a) Reporting Requirements for Covered Data Centers.--
            (1) Requirement.--Any person who owns a covered data center 
        shall report to the Under Secretary any facilities owned by 
        that person that are covered data centers.
            (2) Elements.--Reporting of a facility under paragraph (1) 
        shall include the following:
                    (A) The location of the facility.
                    (B) The name of the owner of the facility.
    (b) Requirements for Sellers of Covered Integrated Circuits and 
Infrastructure-as-a-Service Providers.--Sellers of covered integrated 
circuits and infrastructure-as-a-service providers shall--
            (1) implement and adhere to the standards issued pursuant 
        to section 5(b)(1); and
            (2) report to the Under Secretary on such implementation 
        and adherence.
    (c) Requirements for Covered Frontier Artificial Intelligence Model 
Developers.--
            (1) In general.--A covered frontier artificial intelligence 
        model developer shall implement--
                    (A) the standards issued by the Under Secretary 
                under section 5(b)(2) to mitigate chemical, biological, 
                radiological, nuclear, and cyber risks; and
                    (B) cybersecurity standards developed or identified 
                pursuant to section 7.
            (2) Reporting.--A covered frontier artificial intelligence 
        model developer shall report to the Under Secretary on the 
        implementation of guidance and standards required under 
        paragraph (1).
    (d) Requirements for Persons Seeking To Deploy a Covered Frontier 
Artificial Intelligence Model.--Any person seeking to deploy a covered 
frontier artificial intelligence model shall--
            (1) conduct an evaluation of the covered frontier 
        artificial intelligence model in accordance with section 
        5(c)(2); and
            (2) provide written notification to the Under Secretary and 
        submit the findings of the person with respect to the 
        evaluation conducted under paragraph (1).
    (e) Regulations for Timelines.--The Secretary may issue regulations 
to establish timelines for the requirements under this section.

SEC. 9. ENFORCEMENT AND PENALTIES.

    (a) In General.--No person may deploy a covered frontier artificial 
intelligence model that has been prohibited from deployment by the 
Under Secretary under section 5(e).
    (b) Enforcement.--The Attorney General may seek appropriate relief 
in the district courts of the United States in order to enforce the 
requirements of this Act.
    (c) Criminal Penalties.--Any person determined to have knowingly 
deployed a covered frontier artificial intelligence model in violation 
of subsection (a) shall be subject to imprisonment for a period of not 
more than 10 years.
    (d) Civil Penalties.--The Under Secretary shall issue a fine of not 
more than $1,000,000 per day to a person who is subject to a provision 
of this Act or a regulation promulgated under this Act and who fails to 
comply with such provision or regulation.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Office $50,000,000 to 
carry out this Act.
                                 <all>
```