[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9925 Introduced in House (IH)]

<DOC>






119th CONGRESS
  2d Session
                                H. R. 9925

 To provide for Federal oversight of the development and deployment of 
 frontier artificial intelligence in interstate and foreign commerce, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 23, 2026

Mr. Obernolte (for himself, Mrs. Trahan, Mrs. Houchin, Mr. Peters, Mr. 
    Scott Franklin of Florida, and Mr. Subramanyam) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To provide for Federal oversight of the development and deployment of 
 frontier artificial intelligence in interstate and foreign commerce, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Frontier Risk Oversight, National 
Transparency, Independent Evaluation, and Reporting Act'' or the 
``FRONTIER Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Acceptable levels of catastrophic risk mitigation.--The 
        term ``acceptable levels of catastrophic risk mitigation'' 
        means risk mitigation adequate to ensure that the anticipated 
        benefits of a frontier model made available or used in 
        interstate or foreign commerce outweigh its level of 
        catastrophic risk, taking into consideration the probability 
        and magnitude of the model's anticipated benefits and 
        catastrophic risks.
            (2) Affiliate.--The term ``affiliate'' means an entity that 
        satisfies any of the following requirements:
                    (A) Controls another entity through an 
                intermediary.
                    (B) Is through such intermediary controlled by such 
                other entity.
                    (C) Is through such intermediary under common 
                control with such other entity.
            (3) AI; artificial intelligence; artificial intelligence 
        model.--The terms ``AI'', ``artificial intelligence'', and 
        ``artificial intelligence model'' have the meaning given such 
        terms in section 5002 of the National Artificial Intelligence 
        Initiative Act of 2020 (15 U.S.C. 9401).
            (4) AI-related development expenditures.--The term ``AI-
        related development expenditures'' means amounts paid or 
        incurred in interstate or foreign commerce, without regard to 
        whether such amounts are expensed, capitalized, deducted, or 
        amortized for financial reporting or tax purposes, that are 
        attributable to artificial intelligence development, training, 
        fine-tuning, modification, security, or evaluation.
            (5) Assessment.--The term ``assessment'' means a review 
        conducted by an IVO licensed under section 5 to assess the 
        adequacy of a very large frontier developer's frontier AI 
        framework, governance policies and practices, risk-monitoring, 
        and mitigation of detected risks for achieving acceptable 
        levels of catastrophic risk mitigation.
            (6) Catastrophic risk.--The term ``catastrophic risk'' 
        means--
                    (A) a foreseeable and material risk that a frontier 
                developer's development, storage, use, or deployment of 
                a frontier model will materially contribute to the 
                death of, or serious injury to, more than 50 people, or 
                more than $1,000,000,000 in damage to, or loss of, 
                property, arising from a single incident involving a 
                frontier model doing any of the following:
                            (i) providing, in the development or 
                        release of a chemical, biological, 
                        radiological, nuclear, or cyber weapon, 
                        assistance that is not publicly available;
                            (ii) engaging in conduct with no meaningful 
                        human oversight or intervention, that--
                                    (I) is a cyberattack; or
                                    (II) if such conduct is committed 
                                by an individual, would constitute 
                                murder, assault, extortion, or theft, 
                                including such theft by false pretense; 
                                or
                            (iii) evading control of such developer or 
                        a user of such model; and
                    (B) does not include a foreseeable and material 
                risk from any of the following:
                            (i) information that a frontier model 
                        outputs if the information is otherwise 
                        publicly accessible in a substantially similar 
                        form from a source other than a foundation 
                        model;
                            (ii) lawful activity of the Federal 
                        Government; or
                            (iii) harm caused by a frontier model in 
                        combination with other software if such model 
                        did not materially contribute to the harm.
            (7) Critical safety incident.--The term ``critical safety 
        incident'' means any of the following:
                    (A) Unauthorized access to, modification of, or 
                exfiltration of, the model weights of a frontier model.
                    (B) Harm resulting from the materialization of a 
                catastrophic risk.
                    (C) Loss of control of such model.
                    (D) A frontier model using deceptive techniques 
                against its frontier developer to subvert the controls 
                or monitoring of such developer, outside the context of 
                an evaluation designed to elicit such behavior, in a 
                manner that demonstrates materially increased 
                catastrophic risk.
            (8) Deploy.--The term ``deploy'' means--
                    (A) to make a frontier model available in 
                interstate or foreign commerce to a third party for 
                use, modification, copying, or combination with other 
                software; and
                    (B) does not include making such model available to 
                such third party for the primary purpose of developing 
                or evaluating such model.
            (9) Foundation model.--The term ``foundation model'' means 
        an artificial intelligence model made available or used in 
        interstate or foreign commerce that is all of the following:
                    (A) Trained on a broad data set.
                    (B) Designed for generality of output.
                    (C) Adaptable to a wide range of distinctive tasks.
            (10) Frontier ai framework.--The term ``frontier AI 
        framework'' means documented technical and organizational 
        protocols to manage, assess, and mitigate catastrophic risks.
            (11) Frontier developer.--The term ``frontier developer'' 
        means an entity operating in interstate or foreign commerce 
        that has trained, or initiated the training of, a frontier 
        model using a quantity of computing power that meets the 
        technical specifications set forth in subsection (l).
            (12) Frontier model.--The term ``frontier model'' means a 
        foundation model that was trained using a quantity of computing 
        power greater than 10-26 integer or floating-point operations. 
        The quantity of computing power described in this paragraph 
        includes computing for the original training run and for any 
        subsequent fine-tuning, reinforcement learning, or other 
        substantial modification the developer applies to a preceding 
        foundation model.
            (13) Imminent catastrophic risk.--The term ``imminent 
        catastrophic risk'' means a present or impending catastrophic 
        risk.
            (14) IVO.--The term ``IVO'' means an independent 
        verification organization operating in interstate or foreign 
        commerce that is licensed under subsection (c) of section 5 and 
        the regulations prescribed under subsection (c) of section 3.
            (15) Large frontier developer.--The term ``large frontier 
        developer'' means a frontier developer that, together with its 
        affiliates, collectively, during the preceding 36-month period, 
        determined as of the first day of each calendar month, both--
                    (A) had gross revenues in excess of $50,000,000; 
                and
                    (B) incurred not less than $1,000,000,000 in AI-
                related development expenditures.
            (16) Material modification.--The term ``material 
        modification'' means with respect to a frontier AI framework, a 
        significant change to such framework, including a significant 
        change in the assessment, mitigation, or management of 
        catastrophic risk carried out pursuant to such framework.
            (17) Model weight.--The term ``model weight'' means a 
        numerical parameter that satisfies the following requirements:
                    (A) Is in a frontier model.
                    (B) Is adjusted through training.
                    (C) Facilitates the determination of how input data 
                for such model is transformed into an output of such 
                model.
            (18) Property.--The term ``property'' includes--
                    (A) tangible or intangible property; and
                    (B) does not include the loss of value of equity.
            (19) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (20) Substantial modification.--The term ``substantial 
        modification'' means with respect to a frontier model, a 
        significant change in how such model is deployed, such as 
        enabling a new fine-tuning capability for, releasing a model 
        weight of, or adding a new feature to such model, that 
        necessitates for such model an assessment of catastrophic risk.
            (21) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for AI Security, who shall be 
        appointed by the Secretary.
            (22) Very large frontier developer.--The term ``very large 
        frontier developer'' means a frontier developer that, together 
        with its affiliates, collectively, during the preceding 36-
        month period, determined as of the first day of each calendar 
        month, both--
                    (A) had gross revenues in excess of $5,000,000,000; 
                and
                    (B) incurred not less than $10,000,000,000 in AI-
                related development expenditures.

SEC. 3. RULEMAKING.

    (a) Procedure.--Each regulation prescribed under this Act shall be 
prescribed in accordance with section 553 of title 5, United States 
Code.
    (b) Framework Requirements.--
            (1) Deadline.--Not later than 180 days after the date of 
        enactment of this Act, the Under Secretary shall issue, and 
        thereafter update as appropriate, regulations establishing 
        minimum requirements for frontier AI frameworks.
            (2) Contents.--Regulations issued under this subsection 
        shall, at a minimum, address each of the requirements of 
        section 4(a).
            (3) Periodic review.--The Under Secretary shall review the 
        regulations issued under this subsection not less frequently 
        than once every year, and shall update such regulations as the 
        Under Secretary determines to be necessary or appropriate.
    (c) IVO Licensing and Oversight.--Not later than 180 days after the 
date of enactment of this Act, the Under Secretary shall prescribe 
regulations necessary to carry out the licensing and oversight of IVOs 
under section 5, which shall include the following:
            (1) Conflict-of-interest and funding-transparency 
        requirements, including reporting requirements regarding the 
        IVOs' funding sources and revenue generation and self-audit 
        requirements regarding the IVOs' personnel and leadership to 
        ensure adequate independence from the artificial intelligence 
        industry.
            (2) Procedures and requirements for entities to apply for 
        licensure as an IVO, including the following:
                    (A) Procedures and requirements for the applicant 
                to submit a plan to the Under Secretary detailing--
                            (i) the benchmarks, technologies, metrics, 
                        and methodologies the applicant proposes using 
                        to assess the adequacy of the frontier 
                        developer's frontier AI framework, governance 
                        policies and practices, risk-monitoring, and 
                        mitigation of detected risks, to ensure 
                        acceptable levels of catastrophic risk 
                        mitigation;
                            (ii) the applicant's proposed procedure for 
                        prescribing and assessing implementation of 
                        corrective action to remedy any identified 
                        deficiency in achieving acceptable levels of 
                        catastrophic risk mitigation;
                            (iii) the applicant's proposed methodology 
                        for ensuring that the benchmarks, technologies, 
                        metrics, and methodologies proposed in clause 
                        (i) keep pace with technological and 
                        organizational changes in frontier model 
                        development;
                            (iv) any subcontractors that the applicant 
                        proposes to use to carry out its 
                        responsibilities under this Act; and
                            (v) the technical qualifications of the 
                        personnel the applicant proposes to use to 
                        conduct assessments and of any subcontractor 
                        the applicant plans to engage under subsection 
                        (d) of section 5 to perform any portion of an 
                        assessment.
                    (B) Findings required for the Under Secretary to 
                license an applicant as an IVO, including--
                            (i) that the applicant has demonstrated its 
                        independence from the artificial intelligence 
                        industry; and
                            (ii) that every element of the applicant's 
                        plan is adequate to ensure that frontier models 
                        assessed by the IVO achieve acceptable levels 
                        of catastrophic risk mitigation.
                    (C) Findings that require the Under Secretary to 
                revoke an IVO's license, including--
                            (i) that the IVO's plan is materially 
                        misleading or inaccurate;
                            (ii) that the IVO fails to adhere to its 
                        plan in a manner that materially impairs its 
                        ability to fulfill its responsibilities;
                            (iii) that a material change compromises 
                        the IVO's independence from the artificial 
                        intelligence industry;
                            (iv) that models verified by the IVO fail 
                        to achieve or have failed to achieve acceptable 
                        levels of catastrophic risk mitigation, unless 
                        the IVO demonstrates that--
                                    (I) the IVO identified the relevant 
                                failure, deficiency, or material 
                                weakness in an assessment report 
                                submitted under subsection (f) of 
                                section 5 or a supplemental report 
                                submitted under subsection (i) of such 
                                section, and recommended corrective 
                                actions adequate to achieve acceptable 
                                levels of catastrophic risk mitigation; 
                                and
                                    (II) such failure is attributable 
                                to the very large frontier developer's 
                                failure to implement such corrective 
                                actions, and not to any deficiency in 
                                the IVO's assessment, methods, or 
                                performance of its obligations under 
                                section 5;
                            (v) that evolution of technology renders 
                        the IVO's methods obsolete for verifying 
                        acceptable mitigation of catastrophic risk; and
                            (vi) that the IVO has failed to comply with 
                        its obligations under section 5.
                    (D) Procedures for the formation of expert panels 
                with respect to one or more specific catastrophic risks 
                to advise the Under Secretary on the issuance and 
                revocation of IVO licenses.
            (3) Minimum requirements for assessments, taking into 
        account relevant approaches, best practices, frameworks, and 
        methods.
            (4) Provisions regarding circumstances mandating corrective 
        action or loss of license.
            (5) Rules regarding the submission and processing of 
        assessment reports, including a secure method for submission of 
        assessment reports under subsection (f), subsection (g), and 
        subsection (i) of section 5 and other sensitive information, 
        and a process for securely processing sensitive information and 
        protecting trade secrets.
            (6) Any other rules reasonably necessary to the 
        administration of the IVO oversight and licensing regime 
        described in section 5.
    (d) Modification Criteria.--Not later than 180 days after the date 
of enactment of this Act, the Under Secretary shall prescribe 
regulations establishing criteria for determining whether a 
modification to a frontier model constitutes a substantial modification 
within the meaning of subsection (t) of section 2, and whether a 
modification to a frontier AI framework constitutes a material 
modification within the meaning of subsection (p) of section 2.
    (e) Procedures for Reports, Redactions, and State Opt-In.--The 
Under Secretary may prescribe regulations est