Definitions

In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Closed-source artificial intelligence model The term closed-source artificial intelligence model means any artificial intelligence model with the following characteristics: (A) Proprietary key technical information, such as underlying model weights, that are necessary to reproduce and independently recreate the model and that are not willingly shared with third parties or otherwise made publicly available by the owner of the model. (B) Access and use governed by terms of service or contractual agreements that are established by the owner of the model. (C) Access that is provided via an application program interface or another consumer-facing, owner-controlled interface without enabling third parties to obtain, modify, or host the closed-source artificial intelligence model on their own data servers or other technology unless specifically authorized by the owner of the model. (3) Country of concern The term country of concern means— (A) the People’s Republic of China, including the Hong Kong and Macau Special Administrative Regions; (B) the Russian Federation; and (C) any other foreign country— (i) listed in Country Group D:5 in Supplement No. 1 to part 740 of title 15, Code of Federal Regulations, as published on January 1, 2026, that is designated by the Secretary of Commerce 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 (ii) identified by the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security, pursuant to an assessment required by subsection (a) or (e) of section 4. (4) Person of concern The term person of concern means any foreign person that— (A) is located or headquartered in, or the ultimate parent company of which is headquartered in, a country of concern; (B) 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 (C) is conducting or attempting to conduct a model extraction attack against closed-source artificial intelligence models owned by United States persons and outside of authorized model training practices. (5) Foreign person The term foreign person means a person that is not a United States person. (6) Fraudulent account network provider (A) In general The term fraudulent account network provider means any foreign person that knowingly and intentionally creates, obtains, maintains, sells, brokers, or otherwise provides access to an account that allows a person of concern to access a closed-source artificial intelligence model that the entity would otherwise be prohibited from accessing as a result of location restrictions in the terms of service or a contractual agreement created by the owner of the model. (B) Exception For purposes of subparagraph (A), 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, on the basis of that activity alone, a fraudulent account network provider. (7) Model extraction attack (A) In general The term model extraction attack means the unauthorized extracting of the capabilities of a closed-source artificial intelligence model to replicate, develop, train, or improve another artificial intelligence model, if such extraction— (i) circumvents technical, contractual, or other access controls, identity verification requirements, or geographic access restrictions implemented by the owner of the model; (ii) is conducted through fraudulent, misrepresented, or unauthorized credentials; or (iii) violates the terms, conditions, or restrictions governing access to or use of the model, as established by the owner, that specifically prohibit the use of model outputs or interactions to replicate, develop, train, or improve another artificial intelligence model. (B) Inference of purpose For purposes of subparagraph (A), the purpose of extraction may be inferred from the totality of circumstances, including— (i) the volume, structure, pattern, coordination, or timing of the extraction activity; (ii) the concentration of extractions on specific model capabilities; (iii) the use of multiple accounts in a coordinated manner; or (iv) the correlation of extraction activity within the development timeline of another artificial intelligence model. (C) Exclusion For purposes of subparagraph (A), model training activities conducted in compliance with the terms, conditions, and restrictions governing access to and use of a closed-source artificial intelligence model, or otherwise conducted within a permitted exception or the express authorization of the owner of the model, are not model extraction attacks. (8) Operating Committee for Export Policy 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)). (9) Owner The term owner means, with respect to a closed-source artificial intelligence model, the person that— (A) 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 the model, or any version, instance, or deployment the model, whether such rights were obtained through development, acquisition, assignment, license, or otherwise; and (B) is a United States person. (10) Person The term person means individual or entity. (11) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person located in the United States.