S2177-119

1. Short title This Act may be cited as the No Adversarial AI Act.

2. Determination of foreign adversary AI Not later than 60 days after the date of the enactment of this Act, the Federal Acquisition Security Council shall develop a list containing any artificial intelligence that is produced or developed by a foreign adversary. Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in coordination with the Federal Acquisition Security Council, shall publish on a publicly available website the list developed pursuant to subsection (a). The Federal Acquisition Security Council shall update the list developed pursuant to subsection (a) not less than every 180 days. The Federal Acquisition Security Council may remove artificial intelligence from the list pursuant to subsection (a) if— the person that owns such artificial intelligence submits to the Federal Acquisition Security Council a certification that the product or service is not produced or developed by a foreign adversary, including information in support of such certification; and the Federal Acquisition Security Council— reviews such certification and information; and certifies that the artificial intelligence is not produced or developed by a foreign adversary.

3. Prohibition on acquiring and use of foreign adversary AI Not later than 90 days after the date of the enactment of this Act, the head of an executive agency, in coordination with the Federal Acquisition Security Council, shall review and consider for exclusion and removal of artificial intelligence provided by a covered foreign adversary entity included on the list developed pursuant to section 2(a), barring an approved exception through the process described in subsection (c). The head of an executive agency shall, at a minimum, use the authorities in section 4713 of title 41, United States Code, to consider for exclusion and removal artificial intelligence provided by a covered foreign adversary entity included on the list developed pursuant to section 2(a). Upon written notice to the Director of the Office of Management and Budget and the appropriate committees of Congress, the head of an executive agency may approve an exception to the determinations under subsection (a) if the head of the agency determines that acquiring, obtaining, or using the artificial intelligence is necessary— for the purpose of scientifically valid research (as defined in section 102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9501)); for the purpose of evaluation, training, testing, or analysis; for the purpose of conducting counterterrorism or counterintelligence activities; or to avoid jeopardizing the performance of mission critical functions. In this section: The term appropriate committees of Congress means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. The term artificial intelligence has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 940) and includes the artificial intelligence systems and techniques described in paragraphs (1) through (5) of section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.). The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. The term foreign adversary has the meaning given the term covered nation in section 4872(f)(2) of title 10, United States Code. The term foreign adversary entity means— a foreign adversary; a foreign person that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country; an entity with respect to which a foreign person or combination of foreign persons described in subparagraph (A) or (B) directly or indirectly owns at least a 20 percent stake; or a person subject to the direction or control of a foreign person or entity described in subparagraph (A), (B), or (C).