Emergency orders addressing imminent catastrophic risk

(a) Authority (1) In general The Secretary may issue an emergency order suspending or restricting a frontier developer’s development, deployment, or internal use of a frontier model upon finding that such development, deployment, or internal use of that model presents an imminent catastrophic risk. (2) Emergency order In this section, the term emergency order means a provisional order issued under subsection (e) or a final order issued under subsection (f). (3) Scope A suspension or restriction under this section— (A) may apply to the whole or any part of the development, deployment, or internal use of the frontier model, including development, deployment, or internal use by or with respect to particular persons or categories of persons, for particular purposes or uses, or through particular means or channels of access; and (B) may be defined by reference to the presence or absence of specified facts or circumstances of such development, deployment, or internal use, including specified safeguards or security measures. (b) Finding (1) In writing A finding under subsection (a) shall be set forth in a written statement that includes the factual basis for the finding and the principal reasons for the Secretary’s determination. (2) Technical assessment If the Secretary has published methods bearing on the finding, the Secretary shall, before the Secretary makes the finding, prepare a technical assessment applying such methods to the frontier developer’s development, deployment, or internal use, and the Secretary shall include such assessment with the written statement under paragraph (1). (3) Consultation In making a finding under subsection (a), a preliminary determination under subsection (e), or a determination with respect to rescission under subsection (g), the Secretary shall consult with the Under Secretary. (4) Final authority The authority to make a finding under subsection (a) and to issue, renew, or rescind an emergency order under this section is vested in the Secretary, and no consultation under paragraph (3) shall be construed to condition the exercise of such authority on the concurrence of the Under Secretary. (c) Order (1) Contents An emergency order shall— (A) identify the frontier developer subject to the order and the frontier model or models to which the order applies; (B) describe, with reasonable particularity, the acts, practices, or circumstances in the development, deployment, or internal use of such model or models from which the imminent catastrophic risk arises; (C) state, in the case of a provisional order, the preliminary basis for the order, and in the case of a final order, include the written statement required by subsection (b)(1); (D) describe the suspensions or restrictions imposed; (E) include a timeline for compliance with the order; (F) state the criteria for rescission of the order under subsection (g); and (G) if corrective action by the frontier developer could cause such development, deployment, or internal use to no longer present an imminent catastrophic risk, describe such corrective action. (2) Rule of construction The identification or availability of corrective action described in paragraph (1)(G) shall not be a precondition to the issuance of an emergency order. (d) Effectiveness and application (1) Effectiveness An emergency order is effective upon service on the frontier developer and, unless set aside, limited, or suspended under subsection (j) or subsection (k), remains effective and enforceable until it lapses under subsection (e)(3) or subsection (f)(2) or is rescinded under subsection (g). (2) Persons bound An emergency order binds the frontier developer subject to the order, each affiliate of such developer, and the successors and assigns of such developer and its affiliates, and any other person who, with actual notice of the order, acts in concert or participation with such developer, affiliate, successor, or assignee in the development, deployment, or internal use suspended or restricted by the order. (3) Modified and derived models (A) Modified models Unless the order provides otherwise, an emergency order applies to any model produced by modification of the weights or parameters of a frontier model identified in the order under subsection (c)(1), including by fine-tuning, reinforcement learning, quantization, pruning, or merging with another model. (B) Derived models Unless the order provides otherwise, an emergency order also applies to any model developed after service of the order that is trained, in substantial part, on the outputs, weights, or internal representations of a frontier model identified in the order. (C) Rule of construction Nothing in this paragraph shall be construed to limit the authority of the Secretary to identify a model in an emergency order under subsection (c)(1), or by amendment to such order. (e) Provisional orders (1) In general Notwithstanding subsection (a)(1), the Secretary may issue a provisional order before making the finding required by subsection (a), upon a preliminary determination that the frontier developer’s development, deployment, or internal use of a frontier model presents an imminent catastrophic risk. A provisional order may be issued whether or not a technical assessment under subsection (b)(2) has been prepared. (2) Notice and opportunity to cure Before issuing a provisional order, the Secretary shall provide the frontier developer notice and an opportunity to cure and to be heard, unless the Secretary determines that the imminence of the catastrophic risk forecloses such notice and opportunity, in which case the Secretary shall set forth such determination, and the basis therefor, in writing, and serve such determination with the provisional order. (3) Lapse (A) In general A provisional order shall lapse upon the earliest of— (i) the date that is 45 days after the date of service of the order on the frontier developer; (ii) if the frontier developer has timely applied for an expedited hearing under subsection (j)(1), the date that is 7 days after the date on which the Secretary renders a final determination on such application; or (iii) the date on which a final order is issued under subsection (f) suspending or restricting the same or substantially similar development, deployment, or internal use. (B) Orders issued without notice If a provisional order is issued without notice and an opportunity to cure pursuant to a determination under paragraph (2), the Secretary shall, promptly after service of the order, provide the frontier developer an opportunity to cure, and subparagraph (A) shall apply to the order. (4) Successive provisional orders The Secretary may not issue a provisional order to a frontier developer suspending or restricting the same or substantially similar development, deployment, or internal use as a prior provisional order, except on the basis of facts and circumstances materially different from those on which the prior provisional order rested. (f) Final orders (1) In general The Secretary may issue a final order if— (A) a provisional order suspending or restricting the same or substantially similar development, deployment, or internal use is in effect at the time the Secretary issues the final order; (B) the Secretary has made the finding required by subsection (a), set forth in the written statement required by subsection (b)(1); and (C) either— (i) the period to apply for an expedited hearing under subsection (j)(1) has lapsed without an application; or (ii) the Secretary has rendered a final determination on an application under subsection (j)(1). (2) Lapse A final order shall lapse upon the date that is 90 days after the date on which it is issued. (3) Renewal The Secretary may renew a final order for one or more successive periods of not more than 90 days each if, before the order lapses, the Secretary makes a new finding under subsection (a), in accordance with subsection (b), based on the facts as they exist at the time of renewal. A renewal shall be treated as a final order for purposes of subsection (k). (g) Rescission (1) Required rescission The Secretary shall rescind an emergency order, in whole or in part, if— (A) the criteria for rescission stated in the order under subsection (c)(1) are satisfied; or (B) the development, deployment, or internal use suspended or restricted by the order would not present an imminent catastrophic risk if the order were rescinded to that extent. (2) Written determination A rescission under this subsection, and any denial of an application under paragraph (3), shall be set forth in a written determination stating the basis therefor, which shall be served on the frontier developer. (3) Application A frontier developer subject to an emergency order may apply to the Secretary for rescission of the order in whole or in part. The Secretary shall grant or deny the application not later than 14 days after its receipt. (4) Successive applications Following the denial of an application under paragraph (3), the Secretary may summarily deny a subsequent application respecting the same order that does not rest, in substantial part, on facts or circumstances arising after, or not reasonably available at the time of, the prior application. (h) Publication (1) In general The Secretary shall publish each final order issued under subsection (f), each renewal of a final order under subsection (f)(3), and each written determination under subsection (g)(2) rescinding an order in whole or in part, subject to paragraph (2). (2) Redactions Before publishing an order, renewal, or rescission under paragraph (1), the Secretary may make a redaction in such publication to protect a trade secret, risk-prevention mechanisms, or the cybersecurity, of the frontier developer, to protect public safety or the national security of the United States, or to comply with Federal or State law. If the Secretary makes such a redaction, the Secretary shall include in the publication information relating to the character of, and a justification for, such redaction. (i) Congressional notification (1) Notice of orders Not later than 3 days after issuing an emergency order, or renewing a final order under subsection (f)(3), the Secretary shall submit to the appropriate congressional committees— (A) a copy of the order; (B) in the case of a final order or renewal, the written statement required by subsection (b)(1), and in the case of a provisional order, a statement of the preliminary basis for the order; (C) any technical assessment prepared under subsection (b)(2); and (D) in the case of a provisional order issued without notice and an opportunity to cure, the Secretary’s written determination under subsection (e)(2). (2) Notice of disposition Not later than 7 days after an emergency order is rescinded, lapses, or is set aside, limited, suspended, or stayed in whole or in part by the Secretary or a court, the Secretary shall notify the appropriate congressional committees of such disposition and its basis. (3) Form Each submission under this subsection shall be in unclassified form to the maximum extent practicable, but may include a classified annex. (4) Periodic report Not less frequently than semiannually, the Secretary shall submit to the appropriate congressional committees a report on the exercise of authority under this section, including each order issued, renewed, rescinded, or lapsed during the period; the outcome of each hearing under subsection (j) and each action or proceeding under subsection (k), subsection (l)(3), and subsection (m); and any changes to the methods published by the Secretary bearing on findings under this section. (5) Definition In this subsection, the term appropriate congressional committees means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of each House of Congress. (j) Administrative review (1) Expedited hearing Not later than 10 days after the date on which a provisional order is served on a frontier developer, the frontier developer may apply for an expedited hearing on such order. The Secretary shall hold such hearing and render a final determination on such application not later than 30 days after the application’s receipt. The hearing may be conducted by a hearing officer designated by the Secretary. (2) Record access and burden In a hearing under paragraph (1), the Secretary shall make available to the frontier developer any written determination under paragraph (e)(2), any technical assessment under paragraph (b)(2), and all information on which the Secretary relied in issuing the order, and shall bear the burden of demonstrating that adequate evidence supports the order. (k) Judicial review (1) Review of provisional orders A provisional order shall not be deemed final agency action for purposes of section 704 of title 5, United States Code. Except as provided in paragraph (7), no court shall have jurisdiction to review, enjoin, set aside, suspend, limit, or stay a provisional order before a final order has been issued under subsection (f); thereafter, the lawfulness of the provisional order may be reviewed only in a proceeding under paragraph (2). (2) Exclusive jurisdiction and expedition Notwithstanding any other provision of law, the United States District Court for the District of Columbia shall have exclusive jurisdiction over any civil action seeking judicial review of, or any order enjoining, setting aside, limiting, suspending, staying, or otherwise affecting the effectiveness or enforcement of, an emergency order under this section or relief under paragraph (l)(3). The court shall expedite the action to the greatest possible extent, and shall establish a schedule for the proceeding not later than 10 days after the action is filed. (3) No automatic stay The filing of a civil action referenced in paragraph (2) shall not operate as a stay of the emergency order unless the district court orders otherwise. (4) Standard of review The district court may set aside, limit, suspend, or stay a final order only if the court determines that such order is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. (5) Enforcement proceedings The validity of a final order may not be reexamined in an action under subsection (m). (6) Appeal An appeal from a final judgment of the district court in an action referenced in paragraph (2) may be taken to the United States Court of Appeals for the District of Columbia Circuit not later than 30 days after the date of the judgment. The court of appeals shall expedite the appeal to the greatest possible extent. It shall be the duty of every court of the United States to advance on the docket and to expedite the disposition of any action or appeal under this subsection. (7) Constitutional claims Nothing in this subsection shall be construed to preclude the jurisdiction of a court of the United States over a claim that this section, or the structure or authority of the Secretary under this Act, violates the Constitution of the United States. (l) Exclusivity (1) Exclusive means This section shall be the exclusive means by which any department, agency, officer, or employee of the United States, including the President, may take any action that has the purpose or effect of suspending, restricting, conditioning, or otherwise limiting a frontier developer’s development, deployment, or internal use of a frontier model, and that is taken, in whole or in substantial part, on the ground that such development, deployment, or internal use presents an imminent catastrophic risk. (2) Construction No other provision of law shall be construed as authorizing an action described in paragraph (1), unless such provision expressly refers to this section. (3) Unauthorized actions An action described in paragraph (1) that is not taken in accordance with this section shall be unenforceable, and a frontier developer against which such an action is directed may bring a civil action under paragraph (k)(2) for declaratory or injunctive relief. (m) Enforcement (1) Civil penalty A person bound by an emergency order under paragraph (d)(2) that violates the order shall be subject to a civil penalty of not more than $10,000,000 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 a civil action in the United States District Court for the District of Columbia to enforce an emergency order, to collect a civil penalty under paragraph (1), or both. In such an action, upon a showing that a person has violated, or is about to violate, an emergency order, the court shall issue an injunction, restraining order, or other order requiring compliance, without the showing of irreparable harm or the inadequacy of other remedies at law otherwise required for equitable relief. (3) Criminal penalty A person that willfully violates, or willfully directs, induces, or procures a violation of, an emergency order shall be fined not more than $1,000,000 per violation, imprisoned not more than 10 years, or both.