Closing Loopholes for the Overseas Use and Development of Artificial Intelligence Act

• Authority: United States Congress
• Parent authority: Federal government
• Jurisdiction: United States
• Collections: U.S. federal laws
• Most recent activity: Defunct
• Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

• Cyberattacks, weapon development or use
• Competitive dynamics

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

• AI system security vulnerabilities
• Disinformation, surveillance, and influence at scale
• Governance failure
• AI possessing dangerous capabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to malicious actors (4.1, 4.2), competitive dynamics (6.4), and AI system security (2.2). It focuses on preventing adversarial nations from accessing advanced AI capabilities that could be weaponized or used to undermine national security. Coverage is concentrated in security, weapons development prevention, and geopolitical competition domains.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

• Information
• National Security

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

• Agriculture, Mining, Construction & Manufacturing
• Scientific Research & Development Services

All other sectors had no coverage in this document.

Sectors Summary

This legislation primarily governs the Information sector (cloud computing and data processing services) and National Security sector. It restricts U.S. cloud service providers from offering AI infrastructure to Chinese entities and addresses national security concerns related to weapons development.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act from the United States Congress that creates mandatory legal obligations with enforcement mechanisms through the Department of Commerce.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: United States Congress
• Summary: The document is an Act proposed by Congress, as indicated by the legislative format and structure.

Target

• Entity Types: AI_Infrastructure_Provider, AI_Developer
• Entities: United States persons; United States subsidiaries; entities located in the People's Republic of China or Macau
• Summary: The Act prohibits U.S. persons and subsidiaries from providing cloud/remote access to advanced semiconductors to entities in China and Macau. The targets include both U.S. infrastructure providers who must comply and Chinese entities whose access is being restricted.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: Secretary of Commerce; Department of Commerce
• Summary: The Secretary of Commerce is explicitly designated as the enforcement authority responsible for implementing the prohibition and issuing necessary regulations.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Department of Commerce
• Summary: While not explicitly stated, the Department of Commerce would be responsible for monitoring compliance through the Export Administration Regulations framework referenced in the Act.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

• Build and Use Model
• Deploy
• Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Build and Use Model stage by restricting access to computational infrastructure needed for AI model training. It implicitly covers deployment and operation by preventing Chinese entities from using cloud-based AI development services.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

• AI Models
• AI Systems

Technical Scope Summary

The document explicitly mentions artificial intelligence tools and models in the context of weapons development. It focuses on the computational infrastructure (advanced semiconductors, GPUs) needed to develop AI but does not specify particular AI types like frontier AI, GPAI, or generative AI. No compute thresholds are defined; instead, it references specific export control classification numbers.