Tommy Tuberville
Senator for Alabama · Republican · United States
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(e) Report on Certain Drivers of Deforestation and Environmental Degradation in the Brazilian Amazon.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with relevant Federal agencies, shall submit a report to Congress regarding certain drivers of deforestation and environmental d…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Attorney General, the Secretary of the Treasury, and the heads of other Federal departments and agencies as appropriate, shall submit to the appropriate congressional committees a comprehensive strategy, with a classif…”
“``(ii) In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may-- ``(I) order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and ``(II) take reasonable measures, and…”
“``(ii) In a civil action brought under section 2255 or 2255A, for purposes of paragraph (1), the court may-- ``(I) order the plaintiff or defendant to provide to the court or the Government, as applicable, any equipment necessary to maintain care, custody, and control of such property or material; and ``(II) take reasonable measures, and…”
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“(2) Contents.--Each report under paragraph (1) shall include, at a minimum, information on-- (A) steps taken by the Attorney General to develop or identify curricula under section 1701(q)(1) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b); (B) any assessments conducted or identified by the Attorney General on the effectiveness and utilization of curricula developed or identified under section 1701(q)(1) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b); (C) recommendations for curriculum updates and improvements; and (D) barriers to training implementation.”
“(c) Attorney General Reports.-- (1) In general.--Not later than 2 years after the date of enactment of this Act, and annually thereafter until the date that is 3 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the activities carried out as a result of the amendments made under subsection (b).”
“``(3) List.--Not later than 1 year after the date on which the Attorney General completes the activities required under paragraphs (1) and (2), the Attorney General shall publish a list of law enforcement agencies of States and units of local government employing law enforcement officers who have successfully completed a course using the training curricula developed or identified under paragraph (1), or equivalents to such training curricula, which shall include-- ``(A) the total number of law enforcement officers that are employed by the law enforcement agency; and ``(B) the number of law enforcement officers who have completed such a course.''.”
“``(B) Partnerships with educational institutions.--Not later than 180 days after the date on which training curricula are developed or identified under paragraph (1), the Attorney General shall develop criteria to ensure that entities which offer training programs or courses that are certified under subparagraph (A) collaborate with educational institutions to evaluate and continuously improve the curricula and coursework of those educational institutions.”
“``(2) Certified programs and courses.-- [[Page S4022]] ``(A) In general.--Not later than 180 days after the date on which training curricula are developed or identified under paragraph (1), the Attorney General shall establish a process to-- ``(i) certify training programs and courses offered to command-level personnel which incorporate 1 or more of the training curricula developed or identified under paragraph (1), or equivalents to such training curricula, which may include certifying training programs or courses offered on or before the date on which the Attorney General establishes the process; and ``(ii) terminate the certification of a training program or course that fails to meet the standards developed or identified under paragraph (1).”
“``(C) Consultation.--The Attorney General shall develop and identify training curricula under this paragraph in consultation with relevant law enforcement agencies of States and units of local government, organizations and fraternal associations representing law enforcement officers, universities with appropriate law enforcement or leadership programs, and any other entities the Attorney General determines appropriate.”
“``(B) Requirements.--The training curricula developed or identified under this paragraph shall include-- ``(i) primarily in-person instruction and peer-to-peer learning; ``(ii) a framework for a practical, evidence-based problem solving component under which participating command-level personnel-- ``(I) identify and develop a proposed solution to a leadership, operational, or management challenge relevant to personnel in the command-level personnel's employing law enforcement agency; ``(II) receive feedback from curriculum instructors and other participating command-level personnel to refine the proposed solution accordingly to meet the needs of the law enforcement agency and community served; and ``(III) present a final, implementable product emphasizing evidence-based strategies to program instructors and the command-level personnel's district or geographic command; and ``(iii) the incorporation of pre-course and post-course assessments to measure knowledge acquisition and leadership competencies relevant to the training curricula.”
“(2) Cops program.--Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following: ``(q) Training in Improving Police Command-level Personnel Leadership, Management, and Effectiveness.-- ``(1) Training curricula.-- ``(A) In general.--Not later than 180 days after the date of enactment of this subsection, the Attorney General shall develop training curricula or identify effective existing training curricula for command-level personnel relating to-- ``(i) leadership and strategic thinking; ``(ii) critical incident response and management, including understanding, preparing for, and responding to the effect of critical incidents on officers and communities; ``(iii) risk management; ``(iv) officer wellness; ``(v) data analysis and data-driven policing tactics; ``(vi) evidence-based decision making; and ``(vii) building community trust.”
“SEC. 6802. PROMOTING POLICE LEADERSHIP ACT. (a) Short Title.--This section may be cited as the ``Promoting Police Leadership Act''. (b) Commander Curriculum Development.-- (1) Definitions.--Section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended-- (A) in paragraph (32), by striking ``and'' at the end; (B) in paragraph (33)(B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(34) the term `command-level personnel' means law enforcement officers employed by a State, local, or Tribal law enforcement agency whose responsibilities include managing, directing, or overseeing law enforcement operations within a geographic subunit of the jurisdiction in which such agency has primary responsibility for law enforcement activities.''.”
“(c) Department of Justice Report.--Not later than 3 years after the date of enactment of this Act, the Attorney General, in consultation with the Forensic Laboratory Needs Working Group of the National Institute of Justice, shall submit to Congress a report-- (1) on the awards and practices reported to the Attorney General under section 3065 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section; (2) on forensic genetic genealogy analysis technologies and how best to implement forensic genetic genealogy analysis for eligible entities (as defined in section 3063(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by this section); and (3) that includes any recommendations relating to-- (A) expected funding needs; and (B) whether regulations are needed for the use of forensic genetic genealogy analysis technology.”
“``SEC. 3066. NO PREEMPTION. ``Nothing in this part shall be construed to preempt any law (including a regulation) of a State, or a political subdivision of a State, containing requirements that provide equivalent or greater protection than the requirements of this part.''.”
“``(3) Suspension and debarment.--In carrying out this part, the Attorney General shall comply with part 180 of title 2, Code of Federal Regulations, or any successor regulation. ``SEC. 3065. REPORTS. ``Not later than1 year after the date on which an eligible entity receives the final disbursement of funds from a grant under section 3062 or 3063, the eligible entity shall submit to the Attorney General a report that includes-- ``(1) the amount of funding the eligible entity received from the grant for each fiscal year for which the grant was awarded; ``(2) the number of cases for which the eligible entity submitted for testing using FGG DNA analysis and searching during the previous year; ``(3) the number of cases for which the eligible entity performed testing using FGG DNA analysis and searching during the previous year; ``(4) the type of testing relating to FGG DNA analysis and searching performed by the eligible entity during each year for which the grant was awarded, including-- ``(A) the name of any laboratory to which the eligible entity outsourced the testing; ``(B) the type of sequencing equipment and method used for the testing; and ``(C) the results of the testing, such as whether the testing resulted in successful victim or perpetrator identification, no identification, ongoing analysis, or incomplete analysis, and the time it took to obtain a result; ``(5) during each year for which the grant was awarded, the number of cases in which FGG DNA analysis and searching-- ``(A) resulted in a searchable profile in a publicly available genetic genealogy service; ``(B) generated a lead resulting in a victim or perpetrator identification; ``(C) generated a lead but did not generate a victim or perpetrator identification; and ``(D) did generate a lead and resulted in a victim or perpetrator identification by the end of the grant period directly resulting in an arrest; and ``(6) during each year for which the grant was awarded, the average number of days it took to make any identification between the date of sample submission for FGG DNA analysis and searching and the date of delivery of test results to the requesting office or agency.”
“``(2) Access.--For the purpose of conducting audits and examinations, the Attorney General shall have access to any book, document, or record of an eligible entity that receives a grant under this part, a State or unit of local government within which the eligible entity operates, and any entity to which the eligible entity outsources work using amounts from the grant if the Attorney General determines that the book, document, or record relates to-- ``(A) the receipt of the grant; ``(B) the use of funds from the grant; or ``(C) compliance with-- ``(i) section VIII, entitled `Sample and Data Control and Disposition', of the Interim Policy; or ``(ii) the regulations promulgated under section 3062(f).”
“``(b) Accountability.-- ``(1) Records.--An eligible entity that receives a grant under this part shall maintain such records as the Attorney General may require to facilitate an effective audit relating to the receipt of the grant, the use of amounts from the grant, outsourcing activities, and compliance with-- ``(A) section VIII, entitled `Sample and Data Control and Disposition', of the Interim Policy; and ``(B) the regulations promulgated under section 3062(f).”
“``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of fiscal years 2027 through 2031. ``SEC. 3064. ADMINISTRATIVE PROVISIONS. ``(a) Regulations.--The Attorney General may promulgate guidelines, regulations, and procedures to carry out this part, including guidelines, regulations, and procedures relating to the submission and review of applications for grants under sections 3062 and 3063.”
“``(d) Use of Funds.--An eligible entity that receives a grant under this section shall use funds from the grant-- ``(1) to purchase forensic equipment, including supplies, reagents, consumables, and validation expenses, for genetic genealogy techniques to generate investigative leads for criminal investigations or unidentified human remains; and ``(2) for genealogical database searching. ``(e) Department of Justice Policy.--Other than an activity involving unidentified human remains, an activity carried out using funding from a grant under this section shall be carried out in compliance with-- ``(1) the Interim Policy; and ``(2) the regulations promulgated under section 3062(f).”
“``(b) Authorization of Grants.--The Attorney General may award a grant to an eligible entity for the purpose of-- ``(1) purchasing equipment for FGG DNA analysis and searching; or ``(2) funding searches to generate investigative leads for criminal investigations or unidentified human remains. ``(c) Applications.--An eligible entity seeking a grant under this section shall submit to the Attorney General an application at such time and in such form as the Attorney General may require.”
“``(2) Limitations on use.-- ``(A) In general.--Amounts appropriated to carry out this section-- ``(i) subject to subparagraph (B), shall only be made available to carry out forensic genetic genealogical analysis; and ``(ii) shall not be made available for staffing, training, travel, or equipment. ``(B) Administrative costs.--The Attorney General may use not more than 10 percent of amounts appropriated to carry out this section for administrative costs. [[Page S4021]] ``SEC. 3063. GRANTS FOR FORENSIC EQUIPMENT AND DATABASE SEARCHING. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means-- ``(1) a publicly funded accredited forensic laboratory; ``(2) a State, county, local, or Tribal prosecutor's office with a forensic laboratory capability; ``(3) a medical examiner's office; and ``(4) a coroner's office.”
“``(f) Regulations.--Not later than 1 year after the date of enactment of this section, the Attorney General shall promulgate regulations to promote the reasoned exercise of investigative, scientific, and prosecutorial discretion in cases that involve forensic genetic genealogical DNA analysis and searching. Such regulations shall incorporate the requirements and limitations set forth under subsection (e). ``(g) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of fiscal years 2027 through 2031.”
“``(e) Requirements and Limitations With Respect to Genetic Genealogy.--An eligible entity that receives a grant under this section-- ``(1) with respect to a forensic profile derived from a candidate forensic sample for which a sufficient quantity of DNA exists and which meets the eligibility requirements of the Combined DNA Index System, before attempting to use FGG DNA analysis and searching with respect to the forensic profile-- ``(A) shall upload the forensic profile to the Combined DNA Index System; and ``(B) may only proceed with FGG DNA analysis and searching if a search of the uploaded forensic profile in the Combined DNA Index System fails to produce a probative and confirmed DNA match; ``(2) with respect to an eligible entity that is a law enforcement agency, may not arrest a suspect based solely on a genetic association generated by a genetic genealogy service; ``(3) with respect to an eligible entity that is a law enforcement agency or an entity conducting genetic genealogical research on behalf of a law enforcement agency or to inform a criminal investigation, shall-- ``(A) identify as a law enforcement agency to any genetic genealogy service; and ``(B) enter and search forensic genetic genealogy profiles only in a genetic genealogy service that provides explicit notice to users of the genetic genealogy service and the public that law enforcement may use the genetic genealogy service to investigate crimes or identify unidentified human remains; ``(4) shall seek informed consent from third parties before collecting reference samples directly from an individual that will be used for FGG DNA analysis and searching, unless case- specific circumstances provide reasonable grounds to believe that this requirement would compromise the integrity of an investigation; ``(5) shall treat all forensic genetic genealogy profiles and genetic genealogy service account information and data as confidential government information consistent with any applicable laws, regulations, policies, and procedures; ``(6) shall use biological samples and forensic genetic genealogy profiles only for law enforcement identification purposes; ``(7) shall take all reasonable and necessary steps and precautions to ensure that others who have authorized access to biological samples and forensic genetic genealogy profiles follow the same limitation of use of those samples required under paragraph (6); ``(8) whenever possible, shall use only genetic genealogy services that configure service site user settings that control access to forensic genetic genealogy profile data and associated account information in a manner that will prevent that data and information from being viewed by other service users; ``(9) shall conduct covert collection of a DNA sample for the purpose of performing FGG DNA analysis and searching in accordance with applicable State and Federal law; and ``(10) may not use a biological sample or a forensic genetic genealogy profile to determine the genetic predisposition for disease or any other medical condition or psychological trait of the donor of the sample or profile.”
“``(3) To outsource an activity described in paragraph (1) or (2) for the use of technology described in subsection (b) and searching to-- ``(A) an accredited publicly funded forensic laboratory; ``(B) a medical examiner or coroner's office; ``(C) a State, Tribal, county, or local prosecutor's office with a forensic laboratory capability; or ``(D) a nongovernmental accredited forensic laboratory.”
“``(d) Use of Grant.--An eligible entity that receives a grant under this section shall use funds from the grant for any of the following purposes: ``(1) To carry out DNA analyses of physical evidence collected under applicable legal authority using the technology described in subsection (b) if the submission of such physical evidence to the Combined DNA Index System has failed to produce an investigative lead. ``(2) To carry out DNA analyses of unidentified human remains using the technology described in subsection (b) if submission of such samples to the Combined DNA Index System has failed to produce an investigative lead.”
“``(b) Authorization of Grants.--The Attorney General may award a competitive grant to an eligible entity for the purpose of using any technology used in a forensic laboratory-- ``(1) to conduct whole genome sequencing technology to assess not less than 100,000 genetic markers; and ``(2) that is compatible with genealogical databases. ``(c) Applications.--An eligible entity seeking a grant under this section shall submit to the Attorney General an application at such time and in such form as the Attorney General may require.”
“``(8) Law enforcement agency.--The term `law enforcement agency' means an agency of the United States, a State, a political subdivision of a State, or an Indian Tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. ``SEC. 3062. DNA ANALYSIS GRANTS. ``(a) Eligible Entity Defined.--In this section, the term `eligible entity' means-- ``(1) a State; ``(2) a Tribal, county, or local law enforcement agency; ``(3) a publicly funded accredited forensic laboratory; ``(4) a State, Tribal, county, or local prosecutor's office with a forensic laboratory capability; ``(5) a medical examiner's office; and ``(6) a coroner's office.”
“``(5) Forensic laboratory.--The term `forensic laboratory' means a facility, entity, or site that-- ``(A) offers or performs forensic analysis; and ``(B) follows appropriate evidentiary, documentation, and quality assurance requirements for use in judicial proceedings. ``(6) Genetic genealogy service.--The term `genetic genealogy service' means a repository of genetic data containing genetic profiles submitted by individuals that permits search by a law enforcement agency for forensic genetic genealogy purposes. ``(7) Interim policy.--The term `Interim Policy' means the `Interim Policy on Forensic Genetic Genealogical DNA Analysis and Searching' of the Department of Justice dated November 1, 2019, or any successor policy.”
“``(3) Forensic analysis.--The term `forensic analysis' means an expert examination, interpretation, or test-- ``(A) requested by a law enforcement agency, a coroner or medical examiner's office, a prosecutor, a criminal suspect or defendant, or a court; and ``(B) performed on physical or biological evidence for-- ``(i) investigative purposes, including to determine the identity of unidentified human remains; or ``(ii) prosecutorial, defense, or court-ordered judicial purposes. ``(4) Forensic genetic genealogy profile.--The term `forensic genetic genealogy profile' means a single nucleotide polymorphisms-based genetic profile generated from a forensic or reference sample by an accredited forensic laboratory for the purpose of conducting FGG DNA analysis and searching.”
“``(2) FGG dna analysis and searching.--The term `FGG DNA analysis and searching' means-- ``(A) forensic genetic genealogical DNA analysis of a forensic or reference sample of biological material by an accredited forensic laboratory to develop a forensic genetic genealogy profile; and ``(B) the subsequent search of that genetic genealogy profile in a genetic genealogy service.”
“10101 et seq.) is amended by adding at the end the following: ``PART PP--GRANTS TO IMPROVE FORENSIC ACTIVITIES ``SEC. 3061. DEFINITIONS. ``In this part: ``(1) Accredited forensic laboratory.--The term `accredited forensic laboratory' means a forensic laboratory that-- ``(A) is accredited by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement; or ``(B) attests, in a legally binding and enforceable manner, to prepare and apply for an accreditation described in subparagraph (A) not later than 2 years after date on which the forensic laboratory-- ``(i) first receives a grant under this part; or ``(ii) first receives a request for analysis from an eligible entity receiving a grant under this part.”
“1702 and 1704) to carry out this section. (d) Penalties.--A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. [[Page S4020]] TITLE LXVIII--JUDICIARY MATTERS SEC. 6801. CARLA WALKER ACT. (a) Short Title.--This section may be cited as the ``Carla Walker Act''. (b) Grants to Improve Forensic Activities.--Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.”
“(b) Exceptions.-- (1) Exception relating to the provision of humanitarian assistance.--Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions for-- (A) the sale of agricultural commodities, food, medicine, or medical devices; (B) the provision of humanitarian assistance; or (C) transporting goods or services that are necessary to carry out operations relating to humanitarian assistance. (2) Exception for intelligence, law enforcement, and national security activities.--Sanctions under this section shall not apply to any authorized intelligence, law enforcement, or national security activities of the United States. (c) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C.”
“1701 et seq.), block and prohibit all transactions in all property and interests in property of each person identified under subsection (a) or (e) of section 6704 as having conducted model extraction attacks or having facilitated such attacks via fraudulent account networks if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.”
“(b) Entities Described.--An entity described in this subsection is-- (1) an entity that is a person of concern identified, under subsection (a) or (e) of section 6704, as having conducted model extraction attacks or having facilitated such attacks via fraudulent account networks; or (2) a subsidiary of such an entity (to be determined by ownership of 50 percent or more in the aggregate, directly or indirectly). SEC. 6706. IMPOSITION OF SANCTIONS WITH RESPECT TO MODEL EXTRACTION ATTACKS AND FRAUDULENT ACCOUNT NETWORK PROVIDERS. (a) In General.--The President, may, pursuant to the International Emergency Economic Powers Act (50 U.S.C.”
“(a) In General.--Not later than 210 days after the date of the enactment of this Act, the Under Secretary of Commerce for Industry and Security, in coordination with the head of each agency that is a member of the End-User Review Committee, shall make a determination, by majority vote of the Committee, with respect to whether each entity described in subsection (b) should be added to the Entity List maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations, or any successor regulations.”
“(3) Protection of confidential information.--Any confidential information provided to the Secretary by the owner of a closed-source artificial intelligence model shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''), unless the owner expressly consents to the disclosure. SEC. 6705. DETERRING MODEL EXTRACTION ATTACKS AND FRAUDULENT ACCOUNT NETWORK PROVIDERS.”
“(2) Protection of confidential information.--The Secretary of Commerce may not, in publishing the list required by paragraph (1) on a publicly available website of the Department of Commerce, disclose confidential information provided by the owner of a closed-source artificial intelligence model without the express permission of the owner. (h) Public Guidance.-- (1) In general.--Not later than 210 days after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, shall publish a report comprising of best practices to detect, prevent, and respond to model extraction attacks. (2) Public access.--The report required by paragraph (1) shall be publicly available.”
“(g) AI Model Extraction Attackers List.-- (1) In general.--The Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall-- (A) maintain a list, to be known as the ``AI Model Extraction Attackers List'', that displays information about-- (i) specific persons of concern identified pursuant to an assessment required by subsection (a) or (e) as having conducted or directed model extraction attacks in the past year; and (ii) artificial intelligence models that have been derived from model extraction attacks by persons of concern against closed-source artificial intelligence models owned by United States persons or have benefitted from activities of persons of concern acting as fraudulent account network providers; and (B) publish the list on a publicly available website of the Department of Commerce.”
“(f) Industry Coordination.--The Secretary of Commerce, in coordination with the Director of National Intelligence and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall establish an information-sharing mechanism that allows owners of closed-source artificial intelligence models to voluntarily, quickly, and confidentially share information about model extraction attacks and fraudulent account network providers with the Department of Commerce.”
“(e) Routine Assessment.--The Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall routinely assess for-- (1) model extraction attacks directed against owners of closed-source artificial intelligence models that occur after the date of completion of the assessment required by subsection (a); (2) fraudulent account network providers that facilitate model extraction attacks after that date; (3) artificial intelligence models that have been derived from model extraction attacks by persons of concern against closed-source artificial intelligence models owned by United States persons or have benefitted from activities of persons of concern acting as fraudulent account network providers; and (4) any material changes related to other matters specified in subsection (b).”
“(2) Updates.--Not later than one year after submitting the report required by paragraph (1), and annually thereafter for 3 years, the Secretary of Commerce shall submit to the appropriate congressional committees an update to the report listing any additional persons of concern identified pursuant to subsection (a). (3) Form.--The report required by paragraph (1), and each update required by paragraph (2), shall be submitted in unclassified form, but may contain a classified annex.”
“(2) Voluntary participation.--The participation of owners of closed-source artificial intelligence models described in paragraph (1) in consultations under that paragraph shall be voluntary. (d) Report.-- (1) In general.--Not later than 210 days after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall submit to the appropriate congressional committees a report that, as appropriate, contains the findings of the assessment required by subsection (a).”
“(c) Public Consultation.-- (1) In general.--In conducting the assessment required by subsection (a), the Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall consult with owners of closed-source artificial intelligence models that have been the targets or victims of model extraction attacks, academic experts, industry fora, and other appropriate entities-- (A) to identify patterns of behavior and methods of attackers to better inform efforts of the United States Government and the private sector to detect model extraction attacks; (B) to develop best practices for defending against model extraction attacks; and (C) to develop best practices for identifying activities of fraudulent account network providers that facilitate model extraction attacks.”
“(6) An assessment of the economic and national security consequences of successful model extraction attacks by persons of concern that occurred during the 2 calendar years preceding the date on which the Secretary of Commerce begins the assessment required by subsection (a). (7) Steps detailing how the United States Government is assisting owners of closed-source artificial intelligence models that have been the target or victim of model extraction attacks in detecting model extraction attacks, deterring future model extraction attacks, and punishing persons of concern that engage in model extraction attacks or are fraudulent account network providers. (8) A diplomatic strategy to leverage allies and partners of the United States in detecting and preventing model extraction attacks by persons of concern.”
“(4) An analysis of the methods employed by persons of concern identified pursuant to paragraph (1), including-- (A) the role of fraudulent account network providers in model extraction attacks, including, to the extent possible, the physical [[Page S4019]] location of offices and data centers of such providers; and (B) a determination, to the extent possible, of the number of attempted model extraction attacks that occurred during the 2 calendar years preceding the date on which the Secretary of Commerce begins the assessment required by subsection (a). (5) An examination of the strengths and weaknesses of various detection approaches that can be used to determine whether a model extraction attack has occurred or is occurring.”
“(b) Matters To Be Included.--The assessment required by subsection (a) shall include the following: (1) A determination of which persons of concern-- (A) have either previously or are currently engaging in model extraction attacks; or (B) are fraudulent account network providers. (2) A determination of the countries, if any-- (A) from which model extraction attacks have originated; and (B) in which fraudulent account network providers exist. (3) An identification of which, if any, agencies or instrumentalities of governments of countries of concern have provided or are providing material assistance to entities identified pursuant to paragraph (1).”
“(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce, in coordination with the head of each agency that is a member of the Operating Committee for Export Policy, the Director of National Intelligence, and the heads of such other departments or agencies of the Federal Government as the President determines appropriate, shall complete an assessment to determine-- (1) which, if any, persons of concern have conducted or are currently conducting model extraction attacks against closed- source artificial intelligence models owned by United States persons; (2) which, if any, persons of concern are fraudulent account network providers; and (3) which, if any, artificial intelligence models have been derived from model extraction attacks by persons of concern against closed-source artificial intelligence models owned by United States persons or have benefitted from activities of persons of concern acting as fraudulent account network providers.”
“(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. SEC. 6704. ASSESSMENT OF MODEL EXTRACTION ATTACKS AND FRAUDULENT ACCOUNT NETWORK PROVIDERS.”
“(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.”
“(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)).”
“(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.”
“(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.”