HouseH.R. 10152119th Congress
Open-Source AI Leadership Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10152 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10152
To direct the Secretary of Commerce to support the adoption and use of
American open artificial intelligence models, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 27, 2026
Mr. Evans of Colorado introduced the following bill; which was referred
to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Secretary of Commerce to support the adoption and use of
American open artificial intelligence models, 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 ``Open-Source AI Leadership Act''.
SEC. 2. ADOPTION AND USE OF QUALIFIED OPEN MODELS.
The Secretary shall take any of the following actions as
appropriate to support the adoption and use of qualified open models in
interstate and foreign commerce:
(1) Designate a single point of contact to coordinate any
effort between the Department of Commerce, any relevant private
sector entity, and any other relevant stakeholder to support
the adoption and use of qualified open models.
(2) Review any relevant program or power of the Secretary
related to the adoption and use of qualified open models and
direct the head of any such program, as appropriate, to support
such adoption and use.
(3) Identify any barrier to the adoption and use of
qualified open models and take any action as appropriate to
address any such barrier.
(4) Enter into agreements, as appropriate, to support the
adoption and use of qualified open models with any of the
following:
(A) A private sector entity, including a startup.
(B) An agency.
(C) A State.
(D) A qualified foreign partner.
(5) Develop policy and recommendations to facilitate the
adoption and use of qualified open models.
(6) Identify any relevant evidence-based approach, best
practice, framework, benchmark, or other method, as
appropriate, to monitor the adoption and use of qualified open
models and foreign adversary models.
SEC. 3. ASSESSMENT OF FOREIGN ADVERSARY MODELS.
(a) In General.--The Secretary shall identify, assess, and make
publicly known, as appropriate, any risk related to the adoption and
use of foreign adversary models, including any risk related to the
following:
(1) The training of a foreign adversary model, including
any risk related to a covered nation, or an entity or
individual that is subject to the control of a covered nation,
conducting any such training through any unauthorized use of an
artificial intelligence model.
(2) The confidentiality, integrity, and accessibility of
personal and proprietary information, including any risk of
access to such information by a covered nation or an entity or
individual that is subject to the control of a covered nation.
(3) The security and resiliency of any organization that
uses or adopts a foreign adversary model and any risk that may
result to the supply chain of such organization as a result of
any such use or adoption.
(4) Any output of a foreign adversary model, including with
respect to historical accuracy, scientific inquiry, and freedom
of expression.
(5) The efficacy, or lack thereof, of any feature of a
foreign adversary model intended to prevent misuse or
exploitation of such model, including any safety or security
feature intended to prevent any such misuse or exploitation.
(6) The development and use of chemical, biological,
radiological, or nuclear capabilities, or any other similar
risk related to the national security and economic security of
the United States.
(b) Publication.--Not later than 18 months after the date of the
enactment of this Act, and annually thereafter, the Secretary shall
publish on a publicly facing website a report that assesses any risk
related to a foreign adversary model identified and assessed under
subsection (a) and information relating to the following:
(1) An overview of the adoption and use of leading foreign
adversary models.
(2) The cost, capability, and performance of foreign
adversary models.
(3) A comparison between the information required by
paragraphs (1) and (2) relating to foreign adversary models and
such information, as available, relating to qualified open
models.
(c) Report to Congress.--Not later than 30 days after the
publication of a report under subsection (b), the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the report.
(d) Sunset.--The requirement described in subsection (b) does not
apply beginning on the date that is 10 years after the date of the
enactment of this Act.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act may be construed to authorize the Secretary to
ban, restrict, or otherwise make unavailable an open artificial
intelligence model in interstate or foreign commerce.
SEC. 5. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(3) Artificial intelligence model.--The term ``artificial
intelligence model'' means a software component of an
information system that incorporates artificial intelligence
and uses computational, statistical, or machine-learning
techniques to produce outputs from a defined set of inputs.
(4) Covered nation.--The term ``covered nation'' has the
meaning given that term in section 4872(f) of title 10, United
States Code.
(5) Foreign adversary model.--The term ``foreign adversary
model'' means an open artificial intelligence model that is
developed or made available in interstate or foreign commerce
by--
(A) a covered nation; or
(B) an entity or individual that is subject to the
control of a covered nation.
(6) Open artificial intelligence model.--The term ``open
artificial intelligence model'' means an artificial
intelligence model--
(A) with model weights that are publicly released
for download or distribution; or
(B) that is distributed under an open license that
permits use, modification, and redistribution of the
source code and model weights of the model.
(7) Qualified foreign partner.--The term ``qualified
foreign partner'' means a foreign country or foreign political
and economic union that is not a covered nation.
(8) Qualified open model.--The term ``qualified open
model'' means an open artificial intelligence model that is--
(A) developed and made available by a U.S. person
in interstate or foreign commerce; and
(B) not developed or made available by--
(i) a covered nation; or
(ii) an entity or individual that is
subject to the control of a covered nation.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(10) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(11) U.S. person.--The term ``U.S. person'' means a person
that--
(A) is domiciled in the United States;
(B) is headquartered in the United States; and
(C) is organized under the laws of the United
States.
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