Proposed rule would help Department of Commerce to assess defense-relevant capabilities at the frontier of AI research and development

Washington, D.C. – Today, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) released a Notice of Proposed Rulemaking outlining a new mandatory reporting requirement for the world’s leading AI developers and cloud providers.

Today’s proposed rule requires developers of the most powerful AI models and computing clusters to provide detailed reporting to the federal government. This includes reporting about developmental activities, cybersecurity measures, and outcomes from red-teaming efforts, which involve testing for dangerous capabilities like the ability to assist in cyberattacks or lower the barriers to entry for non-experts to develop chemical, biological, radiological, or nuclear weapons.

“As AI is progressing rapidly, it holds both tremendous promise and risk. This proposed rule would help us keep pace with new developments in AI technology to bolster our national defense and safeguard our national security,” said Secretary of Commerce Gina M. Raimondo.

“This proposed reporting requirement would help us understand the capabilities and security of our most advanced AI systems,” said Under Secretary of Commerce for Industry and Security Alan F. Estevez. “It would build on BIS’s long history conducting defense industrial base surveys to inform the American government about emerging risks in the most important U.S. industries.”

“This action demonstrates the U.S. government’s proactive thinking about the dual-use nature of advanced AI,” said Assistant Secretary of Commerce for Export Administration Thea D. Rozman Kendler. “Through this proposed reporting requirement, we are developing a system to identify capabilities emerging at the frontier of AI research.”

This proposed regulatory action follows a pilot survey conducted by BIS earlier this year. The information collected through the proposed reporting requirement will be vital for ensuring these technologies meet stringent standards for safety and reliability, can withstand cyberattacks, and have limited risk of misuse by foreign adversaries or non-state actors, all of which are imperative for maintaining national defense and furthering America’s technological leadership. With this proposed rule, the United States continues to foster innovation while safeguarding against potential abuses that could undermine global security and stability.

Additional Background:

This proposed rule would amend the Bureau of Industry and Security’s (BIS) Industrial Base Surveys – Data Collections regulations by establishing reporting requirements for the development of advanced artificial intelligence (AI) models and computing clusters.

Additional information on BIS’s defense industrial base activities can be found online at Industrial Base Assessments (doc.gov).

For more information, please visit BIS’s website at: https://www.bis.gov

###