119-HR5288

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 5288

1. Short title
2. Reports on strategies regarding the development of, and research relating to, critical artificial intelligence technologies

1. Short title

This Act may be cited as the "AI Sovereignty Act".

2. Reports on strategies regarding the development of, and research relating to, critical artificial intelligence technologies

(a) Initial report -

(1) In general - Not later than 240 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, shall carry out the following:

(A) - To the extent practicable, identify the following:

(i) - Each location to which the development of, and research relating to, critical artificial intelligence technologies is being offshored.

(ii) - Partnerships between domestic entities and foreign entities for such offshore development and research.

(iii) - Any reshoring of such offshored development and research.

(iv) - The role of foreign nationals who receive in the United States an education or work experience in the development of, and research relating to, such technologies, and subsequently work for foreign entities, including adversaries of the United States, in fields relating to such technologies.

(v) - The role of private sector officials and public sector officials who are American and work for such foreign entities.

(vi) - The domestic assets, including intellectual property, for such development and research that such foreign entities have acquired, including by means of a bankruptcy or distressed asset sale.

(vii) - The trends from such date of enactment to a date that is not earlier than 30 years after such date of enactment with respect to the following:

(I) - Such offshore development and research.

(II) - Such technologies.

(III) - Global investment in such technologies.

(IV) - Workforce migration as a result of such offshore development and research.

(V) - The geopolitical risk posed by such offshore development and research.

(viii) - Any similarities or differences, as the case may be, between the United States and foreign countries in such technologies, including with respect to the following:

(I) - Utilization and availability of large language models.

(II) - Research platforms that support such technologies.

(B) - Conduct an assessment of the implications to or on, as the case may be, the following as a result of such offshore development and research:

(i) - The national economy.

(ii) - National security.

(iii) - Allies and partners of the United States.

(iv) - Adversaries of the United States, including the Democratic People's Republic of Korea, the Islamic Republic of Iran, the People’s Republic of China, and the Russian Federation, and the proxies of such adversaries.

(v) - Geopolitically vulnerable markets, including Taiwan.

(C) - Based upon such identifications and assessments, identify and, as appropriate, recommend strategies for the following:

(i) - Disincentivizing such offshore development and research.

(ii) - Strengthening domestic development of, and research relating to, such technologies.

(iii) - Strengthening governmental oversight of acquisitions described in subparagraph (A)(vi).

(iv) - Reducing the incidence of such acquisitions.

(D) - Submit to Congress and publish in the Federal Register a report that includes information relating to the following:

(i) - The identifications made pursuant to subparagraph (A).

(ii) - The assessments conducted pursuant to subparagraph (B).

(iii) - Each strategy identified pursuant to subparagraph (C).

(iv) - Each strategy recommended pursuant to such subparagraph and, for each such strategy, recommendations on policy to implement such strategy.

(2) Prohibition - The Secretary of Commerce may not include in the report under paragraph (1) personally identifiable information of the foreign nationals described in subparagraph (A)(iv) of such paragraph or the officials described in subparagraph (A)(v) of such paragraph.

(b) Subsequent reports -

(1) In general - Not later than one year after the report under subsection (a) is submitted and annually thereafter, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, shall determine whether the strategies submitted in such report are outdated.

(2) Updated strategies - If the Secretary of Commerce, pursuant to paragraph (1) or (3), as the case may be, makes a determination in the affirmative pursuant to either of such paragraphs, the Secretary shall submit to Congress and publish in the Federal Register a report that includes information relating to updated strategies.

(3) Further determinations - If a report is submitted pursuant to paragraph (2), the Secretary of Commerce, not later than one year after such submission and annually thereafter, shall make a determination described in paragraph (1).

(c) Consultation - In carrying out this section, the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, shall consult with the heads of other Federal agencies and departments, as appropriate.

(d) Definitions - In this section:

(1) Critical artificial intelligence technologies - The term critical artificial intelligence technologies means any hardware, software, or data models relating to artificial intelligence, including the following:

(A) - High-performance semiconductors.

(B) - Neural processing units.

(C) - Deep learning processors.

(D) - Application-specific integrated circuits.

(E) - Field-programmable gate arrays.

(F) - Hardware accelerators.

(G) - Software frameworks.

(H) - Inference stacks.

(I) - Data models for any of the following:

(i) - Facilitating research and development.

(ii) - National intelligence and surveillance.

(iii) - National defense.

(iv) - Advanced mathematics.

(2) Foreign entity - The term foreign entity means a corporation, partnership, or other entity that satisfies any of the following requirements:

(A) - Is organized under the laws of a foreign country.

(B) - Has a principal place of business located outside of the United States.