Sec. 3. Definitions
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In this Act: The term appropriate congressional committees means— the Committee on Foreign Affairs of the House of Representatives; and the Committee on Banking, Housing, and Urban Affairs in the Senate. The term closed-source AI model means any artificial intelligence model with the following characteristics: Proprietary key technical information such as underlying model weights that are necessary to reproduce and independently recreate the model that are not willingly shared with third parties or otherwise made publicly available by the owner of the model.
Access and use governed by terms of service or contractual agreements that are established by the owner of the model. Access that is provided via an Application Program Interface
(API)or other consumer-facing, owner-controlled interfaces without enabling third parties to obtain, modify, or host the closed-source AI model on their own data servers or other technology unless specifically authorized by the owner of the closed-source AI model. The term country of concern means— the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions; the Russian Federation; and any other foreign country— listed in Country Group D:5 under Supplement No. 1 to part 740 of the Export Administration Regulations, as published on January 1, 2026, that is designated by the Secretary of State as a country of concern for purposes of this section and for which notice of such designation has been published in the Federal Register; and designated by the Secretary of State pursuant to the assessment described in subsection
(b)or
(e)of section 4 of this Act. The term entity of concern means any foreign person or entity that— is located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern; is operating under the direction or control of any entity located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern; or is conducting or attempting to conduct a model extraction attack against closed-source AI models owned by United States persons and outside of authorized model training practices. The term export has the meaning given that term in section 1742(3) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801(3) ). The term foreign person means a person that is not a United States person. The term fraudulent account network provider means any foreign entity that knowingly and intentionally creates, obtains, maintains, sells, brokers, or otherwise provides access to accounts that allow entities of concern to access closed-source AI models that they would otherwise be prohibited from accessing due to location restrictions in the terms of service or contractual agreements created by the owner of the closed-source AI model. An entity that creates or transmits location information to enable persons within countries of concern to access the internet for purposes of freedom of expression is not considered, on the basis of this activity alone, a fraudulent account network provider. The term good has the meaning given that term in section 16 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2415 )(as continued in effect pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. )). The term in-country transfer has the meaning given that term in section 1742(6) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801(6) ). The term item has the meaning given that term in section 1742(7) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801(7) ). The term model extraction attack means the unauthorized extracting of a closed-source AI model’s capabilities to replicate, develop, train, or improve another AI model, where such querying— circumvents technical, contractual, or other access controls, identity verification requirements, or geographic access restrictions implemented by the model’s owner; is conducted through fraudulent, misrepresented, or unauthorized credentials; or violates the terms, conditions, or restrictions governing access to or use of the model, as established by the owner or authorized provider, that specifically prohibit the use of model outputs or interactions to replicate, develop, train, or improve another AI model. For purposes of subparagraph (A), the purpose of querying may be inferred from the totality of circumstances, including— the volume, structure, pattern, coordination, or timing of the querying activity; the concentration of queries on specific model capabilities; the use of multiple accounts in a coordinated matter; or the correlation of querying activity within the development timeline of another AI model. Model training activities conducted in compliance with the terms, conditions, and restrictions governing access to and use of the closed-source AI model, or otherwise conducted within a permitted exception or the express authorization of the owner of the closed-source AI model, are not model extraction attacks. The term Operating Committee for Export Policy means the Operating Committee for Export Policy referred to in section 1763(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4822(c) ). The term owner means, with respect to a closed-source AI model, the person or entity that— holds intellectual property rights (including trade secret, copyright, patent, or other proprietary rights), contractual rights, or a combination thereof, sufficient to authorize or restrict third-party access to, use of, extraction from, or reproduction of such closed-source AI model, or any version, instance, or deployment thereof, whether such rights were obtained through development, acquisition, assignment, license, or otherwise; and is a United States person. The term reexport has the meaning given that term in section 1742(9) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801(9) ).
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