Transparency and reporting

(a) Frontier AI framework Not later than one year after the date of enactment of this Act, or 90 days after a developer first qualifies as a large frontier developer, whichever is later, a large frontier developer shall write, implement, comply with, and clearly and conspicuously publish on a publicly available website of such developer a frontier AI framework that satisfies the following requirements: (1) Applies to each frontier model of such developer. (2) Includes information relating to how such developer carries out the following: (A) Incorporating into such framework widely-accepted national, international, and industry approaches, best practices, frameworks, and methods for risk mitigation. (B) Identifying risk thresholds utilized by such developer to assess whether each such model has a capability that could pose a catastrophic risk. (C) Assessing whether, based upon such thresholds, each model has a capability that could pose a catastrophic risk. (D) Reviewing the results of such assessment and such mitigation to determine— (i) whether to deploy such model; and (ii) whether to internally utilize such model. (E) Utilizing a third party to assess the risk that such risk thresholds will be exceeded and the effectiveness of such mitigation. (F) Reviewing and updating such framework, including the criteria in such framework that prompt such updating and the process through which such developer determines whether such model includes a substantial modification, such that a disclosure is required pursuant to subsection (d). (G) Cybersecurity to secure nonpublic model weights from unauthorized modification or transfer. (H) Identifying and responding to a critical safety incident related to such developer. (I) Implementing internal governance practices to ensure implementation of such framework. (b) Updates (1) In general Not less frequently than annually after a large frontier developer publishes a frontier AI framework pursuant to subsection (a), such developer shall carry out the following: (A) Review and, if such developer determines appropriate, update such framework. (B) If such framework is so updated, publish on a publicly available website of such developer such framework, as so updated. (2) Material modification If a large frontier developer makes a material modification to the frontier AI framework of such developer published pursuant to subsection (a), not later than 30 days after the date of such modification, such developer shall publish on a publicly available website a justification for such modification. (c) Compliance audit Not later than one year after the date of enactment of this Act, or 90 days after a developer first qualifies as a large frontier developer, whichever is later, and annually thereafter, a large frontier developer shall retain a third party to perform an independent audit of compliance with the frontier AI framework of such developer published pursuant to subsection (a). The third party shall conduct the audit consistent with generally accepted auditing approaches, best practices, frameworks, and methods and shall possess demonstrated competence to perform the audit, including experience employing or contracting with individuals who possess technical expertise in the safety of frontier models. A large frontier developer shall not retain a third party if either the developer or the third party has a financial interest in the other. A large frontier developer may compensate a third party for its services but shall not condition any payment, or the amount of any payment, on the results of the third party’s audit. (1) Access The third party shall be granted timely access to all materials, records, personnel, systems, and all other information reasonably necessary to comply with its obligations under this subsection, including all unredacted versions of materials published pursuant to this Act. To protect the developer’s trade secrets and confidential business information, cybersecurity, national security of the United States, or public safety, a large frontier developer may impose security protocols on the third party, including restrictions on note-taking, copying, retaining, or removing materials, requirements for on-premises review, and confidentiality requirements. (2) Report contents The third party shall produce a report that includes all of the following: (A) A description of whether the large frontier developer has substantially complied with the frontier AI framework of such developer. (B) If applicable, a description of material deviations from such framework, an explanation of any deviation and its rationale, and any recommendations for how the developer can improve its policies and processes for ensuring compliance with such framework. (C) A detailed assessment of the large frontier developer’s internal controls, including its designation and empowerment of senior personnel responsible for implementation of such framework by the developer, its employees, and its contractors. (D) A list of the personnel involved in the audit. (E) The third party’s procedures for managing conflicts of interest and any conflicts of interest of personnel involved in the audit. (F) The methodology of the audit and the nature of the information reviewed to conduct the audit. (G) The signature of the lead auditor certifying the results of the audit. (3) Retention A large frontier developer shall retain an unredacted copy of the report required under paragraph (2) for as long as a frontier model of such developer is deployed, plus 5 years. (4) Publication and transmittal Not later than 30 days after receiving the audit report, a large frontier developer shall— (A) conspicuously publish on a publicly available website of such developer a high-level summary of the audit findings and a copy of the report with appropriate redactions; and (B) transmit a copy of the redacted report to the Under Secretary, the Attorney General, and opted-in State Attorneys General. (5) Access by under secretary and attorney general A large frontier developer shall grant the Under Secretary and the Attorney General access to the third party’s report, redacted consistent with subsection (f) of section 4, upon request. (d) Transparency report (1) In general Before, or concurrently with, deploying a frontier model that is new or includes a substantial modification, the frontier developer of such model shall publish on a publicly available website of such developer a report on such model that includes information relating to the following: (A) A mechanism through which an individual may communicate with such developer. (B) The release date of such model or substantial modification. (C) Each language supported by such model, if any. (D) Each output modality of such model. (E) The intended utilization of such model. (F) Generally applicable restrictions or conditions, if any, with respect to such model. (G) Any substantial modification to such model. (H) Each assessment of catastrophic risk with respect to such model or substantial modification, conducted pursuant to the frontier AI framework at issue. (I) The results of each such assessment. (J) The extent to which a third party was utilized in the assessment of such model. (K) Any other step taken pursuant to such framework with respect to such model. (2) Machine-readable format The summaries described in this subsection shall be provided in a machine-readable format to facilitate verification of model claims. (3) Confidential deployment A frontier developer may defer publication of the report required under this subsection with respect to a deployment made subject to confidentiality obligations for reasons of security or national security, until such model is first deployed other than subject to such obligations, if such developer transmits such report to the Under Secretary before or concurrently with the confidential deployment. (e) False or misleading statements (1) In general Except as provided in paragraph (2), a frontier developer may not in a report under subsection (d) knowingly make an inaccurate statement about, or convey a false impression regarding, any subject on which subsection (d) requires such report to include information. (2) Exception Paragraph (1) does not apply to a statement a frontier developer made in good faith and that was reasonable under the circumstances. (f) Redactions (1) In general Before publishing a report or other information pursuant to this section, a frontier developer may make a redaction in such publication to carry out any of the following: (A) Protect a trade secret, the risk-prevention mechanisms, or the cybersecurity, of such developer. (B) Protect public safety or the national security of the United States. (C) Comply with Federal or State law. (2) Justification If a frontier developer makes a redaction pursuant to paragraph (1), such developer shall carry out the following: (A) Include in the publication in which such redaction is made information relating to the character of such redaction and a justification for such redaction. (B) Retain for not less than five years from the date of such publication the information so redacted. (C) Transmit to the Under Secretary an unredacted copy of the publication in which such redaction is made. (g) Reporting mechanisms (1) Critical safety incidents Not later than 180 days after the date of enactment of this Act, the Under Secretary shall establish a mechanism for a frontier developer or member of the public to confidentially carry out the following: (A) Submit to the Under Secretary a report on a critical safety incident that includes the following: (i) A specification of the date of such incident. (ii) Information relating to such incident, including— (I) the reason why such incident is a critical safety incident; and (II) whether such incident is associated with the internal utilization of a frontier model. (iii) Any additional information required by the Under Secretary by regulation. (B) Amend such report, as necessary. (2) Catastrophic risk (A) In general Not later than 180 days after the date of enactment of this Act, the Under Secretary shall establish a mechanism for a large frontier developer to confidentially submit to the Under Secretary a report on catastrophic risk arising from a frontier model of such developer, including internal use and internally deployed models. (B) Periodic transmittal Not less frequently than every 3 months, or pursuant to another reasonable schedule specified by a large frontier developer in writing and agreed to by the Under Secretary, such developer shall transmit to the Under Secretary, through the mechanism established under subparagraph (g)(2)(A), a summary of an assessment of catastrophic risks arising from internal use of its frontier models. (3) Protection of reports The Under Secretary shall take all necessary precautions to limit access to any reports submitted under this subsection to only personnel with a specific need to know the information and to protect the reports from unauthorized access. (4) Review The Under Secretary shall review each report submitted under this subsection by a frontier developer and may review any report submitted under this subsection by a member of the public. (h) Discovery of a critical safety incident (1) In general Subject to subsection (g) and except as provided in paragraph (2), not later than 72 hours after a frontier developer learns facts sufficient to establish a reasonable belief that a critical safety incident has occurred with respect to a frontier model of such developer, such developer shall submit through the mechanism established under subsection (g)(1) a report on such incident. (2) Imminent risk Not later than 24 hours after a frontier developer discovers a critical safety incident that poses an imminent risk of death or serious physical injury, such developer shall report such incident to a law enforcement agency with jurisdiction over such incident. (i) State attorneys general opt-In Pursuant to the regulations promulgated by the Under Secretary under section 3, State Attorneys General may opt in to receive reports submitted to the Under Secretary under subsections (g) and (h). (j) Civil penalty (1) In general A frontier developer that violates this section shall be subject to a civil penalty of not more than $1,000,000 per violation. For purposes of this paragraph, each day during which a violation continues constitutes a separate violation. (2) Action by attorney general The Attorney General may bring an action to collect a civil penalty under paragraph (1) and for an injunction ensuring compliance with the provisions of this section. (3) Action by state attorney general (A) A State Attorney General who has opted in under subsection (i) may bring an action to collect a civil penalty under paragraph (1) and for an injunction ensuring compliance with the provisions of this section. (B) Before filing an action under subparagraph (A), the State Attorney General shall provide to the Attorney General and the Under Secretary a written notice of that action and a copy of the complaint for that action. This notice requirement shall not apply if the State Attorney General determines that it is not feasible to provide notice before the filing of the action, in which case the State Attorney General shall provide a written notice of the action and a copy of the complaint for the action at the same time the State Attorney General files the action. (C) Upon receiving notice under subparagraph (B), the Attorney General shall have the right to intervene in the action that is the subject of the notice, in which case the Attorney General shall have the right to be heard with respect to any matter that arises in that action and to file a petition for appeal. (D) In any case in which an action is instituted by the Attorney General under subparagraph (A), no State Attorney General may, during the pendency of that action, institute an action under this subsection against any defendant named in the complaint in that action for any violation asserted in the Attorney General’s action. (E) If, after a State Attorney General institutes an action under this subsection, the Attorney General institutes an action with respect to violations at issue in the State Attorney General’s action, the State Attorney General’s action shall be stayed as to the violations at issue in the Attorney General’s action during the pendency of the Attorney General’s action. If the Attorney General’s action is dismissed with respect to any of the violations at issue in the State Attorney General’s action without a binding resolution on the merits, the stay of the State Attorney General’s action shall be lifted as to those violations. (k) Registration and disclosure (1) In general Beginning on the date that is 1 year after the date of enactment of this Act, or 90 days after a developer first qualifies as a large frontier developer, whichever is later, a large frontier developer may not develop, deploy, or operate a frontier model, in whole or in part, without a current disclosure statement filed with the Under Secretary and payment of the fee required under subsection (k)(4). (2) Contents A disclosure statement filed under subsection (k)(1) shall be in the form and manner prescribed by the Under Secretary and shall identify— (A) the identity of the large frontier developer and all names under which it conducts business; (B) the address of the large frontier developer’s principal place of business and each office it maintains in the United States; (C) in the case of a large frontier developer that is privately or closely held, or whose ultimate parent is privately or closely held, all persons or entities that beneficially own a 5 percent or greater interest in such developer at the time of filing, and all persons that formerly beneficially owned a 5 percent or greater interest in such developer or a predecessor of such developer during the preceding 5 years, and, in the case of a large frontier developer that is publicly traded, or whose ultimate parent is publicly traded, all persons or entities that beneficially own a 50 percent or greater interest in such developer at the time of filing; and (D) the name and contact information of a primary, secondary, and tertiary point of contact, the primary of whom is responsible for receiving inquiries under this Act. (3) Renewal A large frontier developer shall renew its disclosure statement annually, or not later than the date of any transfer of ownership of a frontier model or material change to the information reported under paragraph (k)(2), whichever occurs earlier. (4) Fees The Under Secretary shall charge and collect fees from large frontier developers sufficient to offset the expenses of administering this subsection. (5) Publication The Under Secretary shall maintain and publish a list of large frontier developers that have filed a disclosure statement under this subsection, excluding the contact information described in paragraph (k)(2). (6) Civil penalty A large frontier developer that develops, deploys, or operates a frontier model without a current disclosure statement on file under this subsection, that submits false information in such a statement, or that fails to timely pay a fee required under paragraph (k)(4), shall be subject to a civil penalty of $10,000 for each day of noncompliance, which the Attorney General or a State Attorney General who has opted in under subsection (i) may bring an action to collect. (l) Under secretary reports Not later than January 1, 2028, and annually thereafter, the Under Secretary shall submit to Congress and the President a report that includes, for the annual period covered by such report, anonymized and aggregated information about the critical safety incidents, if any, that have been reviewed by the Under Secretary pursuant to subsection (g)(4), excluding any information that would compromise a trade secret, risk-prevention mechanisms, or the cybersecurity of a frontier developer, public safety, or the national security of the United States.