Sec. 4. Artificial intelligence research and development
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/bill/119/s/321/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part I of title 18, United States Code, is amended by adding at the end the following: In this chapter: The term artificial intelligence — has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. note prec. 4061; Public Law 115–232 ); and includes— an artificial or automated system— that performs tasks under varying and unpredictable circumstances without significant human oversight; that can learn from experience and improve performance when exposed to data sets; developed in computer software, physical hardware, or another context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action; designed to think or act like a human, including through cognitive architectures or neural networks; that has or is derived from a set of techniques, including machine learning, statistics, or other data processing or artificial intelligence techniques, that is designed to approximate a cognitive task; designed to act rationally, including through an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision-making, and acting; or that is intended to or capable of interacting with humans, detecting human emotions, determining associations with social categories based on biometric data, or generating or manipulating image, audio, video, or related material; and any other artificial or automated system, software, or process that uses computation as whole or part of a system to determine outcomes, make or aid decisions, inform policy implementation, collect data or observations, or otherwise interact with humans or communities of humans.
The term control has the meaning given the term in section 800.208 of title 31, Code of Federal Regulations (as in effect on the date of enactment of this Act). The term corporation — means an entity with the business structure of a corporation, a company, a limited liability company, a limited partnership, a business trust, a business association, or another similar entity; and includes any subsidiary or branch of an entity described in subparagraph
(A)tied to an entity described in subparagraph
(A)through a series of contracts. The term development means creative and systematic work that draws upon knowledge gained from research and practical experience, which— is directed toward the production of new products or processes or improving existing products or processes; and like research, results in gaining additional knowledge. The term entity of concern means— an institution of education, including a college and university, organized under the laws of the People’s Republic of China; a research institution, research lab, or research and development center organized under the laws of the People’s Republic of China; any corporation— that is organized under the laws of the People’s Republic of China; that is headquartered in the People’s Republic of China; that has its principal place of business in the People’s Republic of China; or the equity securities of which are primarily traded on not less than 1 exchange based within the People’s Republic of China; and the Government of the People’s Republic of China (as defined in section 204 of the U.S.-China Relations Act of 2000 ( 22 U.S.C. 6903 )) and any governmental department, agency, ministry, research institution, research lab, research and development center, or any other entity, subdivision, or affiliate of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army. The term Federal agency means a department, an independent establishment, a commission, an administration, an authority, a board or bureau of the United States, a corporation in which the United States has a proprietary interest, or any other agency of the executive branch of the Federal Government. The term Federal financial assistance means a grant, loan, or contribution provided by the Federal Government. The term generative artificial intelligence means an artificial intelligence system that is capable of generating novel text, video, images, audio, or other media based on prompts or other forms of data provided by an individual. The term People’s Republic of China includes Hong Kong and Macau. The term research — means a systematic study directed toward fuller scientific knowledge or understanding of a subject studied; and includes activities involving the training of individuals in research techniques if such activities— use the same facilities as other research and development activities; and are not included in the instruction function. The term research and development means a basic or applied research activity and a development activity. The term State means each of the several States of the United States. The term territory means— the District of Columbia; the Commonwealth of Puerto Rico; the United States Virgin Islands; Guam; the Commonwealth of the Northern Mariana Islands; and American Samoa. The term United States person — has the meaning given the term in section 1711 of the National Defense Authorization Act for Fiscal Year 1993 ( 22 U.S.C. 6010 ); and includes— a corporation that is incorporated or organized under Federal law or the laws of a State or territory; an institution of education, including a college and university, organized under Federal law or the laws of a State or territory; a research institution organized under Federal law or the laws of a State or territory; a person that is— a protected individual (as defined in section 274B(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a)(3) , wherever located or employed; and an alien who has been admitted to the United States as a lawful permanent resident; and a person or corporation controlled by an individual or entity described in this paragraph. A United States person may not intentionally conduct, attempt or conspire to conduct, or aid and abet in conducting research or development of artificial intelligence or generative artificial intelligence— within the People’s Republic of China; for an entity of concern; on behalf of an entity of concern; in collaboration with an entity of concern; for a national of the People’s Republic of China working for or on behalf of an entity of concern; on behalf of a national of the People’s Republic of China working for or on behalf of an entity of concern; or in collaboration with a national of the People’s Republic of China working for, or on behalf of, an entity of concern. A United States person may not intentionally transfer, attempt or conspire to transfer, or aid and abet in transferring information relating to research of artificial intelligence or generative artificial intelligence— within the People’s Republic of China; directly to or from the People’s Republic of China; for an entity of concern; on behalf of an entity of concern; directly to or from an entity of concern; for a national of the People’s Republic of China working for or on behalf of an entity of concern; on behalf of a national of the People’s Republic of China working for or on behalf of an entity of concern; or directly to or from a national of the People’s Republic of China working for or on behalf of an entity of concern. A United States person that violates section 2742 that is not an individual shall— be fined not more than $100,000,000; and forfeit any license, contract, subcontract, grant, or public benefit awarded by any Federal agency. An officer, director, partner, agent, or employee that violates section 2742 shall— be fined not more than $1,000,000; and forfeit any license, contract, subcontract, grant, or public benefit awarded by any Federal agency. A United States person who is an individual that violates section 2742 shall— be fined not more than $1,000,000; and forfeit any license, contract, subcontract, grant, or public benefit awarded by any Federal agency. A United States person that violates section 2742 shall be ineligible to receive Federal financial assistance during the 5-year period beginning on the date on which a penalty is imposed under subsection (a). With respect to a United States person that violates section 2742, the United States may bring a civil action against the United States person in any district court of the United States in which the United States person resides, is found, or has an agent, without respect to the amount in controversy. In a civil suit brought under paragraph
(1)against a United States person, the United States shall be entitled— to— relief in equity to restrain and prevent a violation or threat of violation of section 2742; and other appropriate equitable relief; to relief in damages for— punitive and nominal damages; three times the amount of damages sustained by the United States as a result of the violation; and three times the cost of the civil action, including reasonable attorney’s fees; to a civil fine of not more than $100,000,000 if the United States person is not an individual; and to a civil fine of not more than $1,000,000 if the United States person is an individual . Section 101(a)(43) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(43) ) is amended— in subparagraph (T), by striking ; and at the end; by redesignating subparagraph
(U)as subparagraph (V); and by inserting after subparagraph
(T)the following: an offense described in section 2742 of title 18, United States Code (relating to research and development on behalf of the People's Republic of China); and . The table of sections for part I of title 18, United States Code, is amended by adding at the end the following: Chapter 124—Research and development on behalf of the People's Republic of China 2741. Definitions. 2742. Unlawful acts. 2743. Penalties. . The Attorney General, in consultation with the Secretary of Defense, the Secretary of Commerce, the Secretary of Education, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation, shall— promulgate regulations to enforce the prohibitions under section 2742 of title 18, United States Code, as added by this Act; and coordinate with the heads of other Federal agencies to ensure the enforcement of the prohibitions described in paragraph (1).
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Sec. 4
Artificial intelligence research and development
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