Foreign Adversary AI Model Extraction Prevention Act of 2025

Section 1. Short Title. This Act may be cited as the 'Foreign Adversary AI Model Extraction Prevention Act of 2025'. Section 2. Definitions. (a) 'Covered AI model' means a closed-source artificial intelligence model that is owned or controlled by a United States person and that has been designated by the Secretary of Commerce, in consultation with the Secretary of Defense and the Director of National Intelligence, as having a critical technical parameter that, if extracted, would pose a significant national security risk. (b) 'Foreign adversary' means any foreign government or entity designated by the Secretary of Commerce under the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) as a country of concern for national security purposes. (c) 'Extraction' means any intentional act to obtain, reverse-engineer, or otherwise derive the key technical features of a covered AI model without authorization. Section 3. Prohibition. No United States person may knowingly provide, transfer, or otherwise make available to a foreign adversary any key technical feature of a covered AI model if such provision would materially assist the foreign adversary in developing a similar AI model for military or intelligence applications. The Secretary of Commerce shall issue regulations specifying the scope of 'key technical feature' and the process for obtaining a license for any proposed transfer that may be subject to this prohibition. Section 4. Licensing and Enforcement. The Bureau of Industry and Security (BIS) shall establish a licensing program for any proposed transfer of key technical features of covered AI models to foreign persons. The Secretary may deny a license if the transfer would pose a significant risk to national security. Violations of this section shall be subject to civil penalties under the Export Control Reform Act, and criminal penalties of up to $1,000,000 or 10 years imprisonment, or both. Section 5. Due Process. Any designation of a covered AI model or a foreign adversary shall be subject to notice and comment rulemaking. Any person aggrieved by a license denial or designation may seek judicial review in the United States Court of Appeals for the District of Columbia Circuit within 60 days. Section 6. Preemption. Nothing in this Act shall be construed to preempt any State law that provides additional protections against extraction of AI models, provided such State law does not conflict with this Act. Section 7. Sunset. This Act shall expire 5 years after the date of enactment, unless reauthorized by Congress.