[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1638 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1638

To protect the United States from artificial intelligence applications 
    based in or affiliated with countries of concern, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2025

Mr. Cassidy (for himself and Ms. Rosen) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To protect the United States from artificial intelligence applications 
    based in or affiliated with countries of concern, 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 ``Protection Against Foreign 
Adversarial Artificial Intelligence Act of 2025''.

SEC. 2. PROHIBITION ON USE OF DEEPSEEK TO CARRY OUT A FEDERAL CONTRACT.

    (a) Prohibition.--Except as provided in subsection (b), no Federal 
contractor with an active Federal contract may use the DeepSeek 
application or any successor application or service developed or 
provided by High Flyer or any entity owned by High Flyer, for the 
fulfillment, assistance, execution, or otherwise support to complete, 
or support in part, a contract with a Federal agency.
    (b) Waiver.--The Secretary of Commerce may, in consultation with 
the Secretary of Defense, waive the prohibition in subsection (a) on a 
case-by-case basis if using the application or service is required for 
the completion of a national security-related objective of a certain 
contract or for research purposes.

SEC. 3. REPORT ON THREATS TO NATIONAL SECURITY POSED BY ARTIFICIAL 
              INTELLIGENCE PLATFORMS BASED IN OR AFFILIATED WITH 
              COUNTRIES OF CONCERN.

    (a) Definition of Country of Concern.--In this section, the term 
``country of concern'' has the meaning given the term ``covered 
nation'' in section 4872(f) of title 10, United States Code.
    (b) Report Required.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce shall, in consultation 
with the Secretary of Defense, submit to the Committee on Armed 
Services of the Senate and of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the Senate, and 
the Committee on Energy and Commerce of the House of Representatives a 
detailed report on the threats to national security posed by artificial 
intelligence platforms, including large language models and generative 
artificial intelligence, based in or affiliated with countries of 
concern.
    (c) Contents.--The report submitted pursuant to subsection (b) 
shall include the following:
            (1) An analysis of censorship laws and capacities by 
        governments described in subsection (a) that could access or 
        influence of artificial intelligence applications.
            (2) An analysis of the potential and current use of 
        artificial intelligence platforms to further state-sponsored 
        propaganda.
            (3) The national security impact of circumvention of United 
        States export controls on graphics processing units contributed 
        to the development of artificial intelligence models of 
        countries of concern.
            (4) An analysis of the privacy and data security threats 
        toward United States data entered or otherwise submitted to an 
        artificial intelligence application, including--
                    (A) how and where United States users' data is 
                stored, including whether such data is stored within 
                on-premise servers or a cloud infrastructure;
                    (B) whether United States users' data can be 
                accessed and used by a government or political entity 
                of a country of concern, including the Chinese 
                Communist Party;
                    (C) the extent to which data collected from the 
                United States contributes to the development of 
                artificial intelligence applications described in 
                subsection (b);
                    (D) the threat that such access could be an 
                economic espionage risk to intellectual property, trade 
                secrets, proprietary information, or sensitive or 
                confidential information to obtain an unlawful 
                advantage; and
                    (E) the threat that such access could be a risk to 
                information, including policy decisions, relating to an 
                office or program under the Federal Government.
            (5) Any other information considered relevant by the 
        Secretary.
            (6) Recommendations for administrative and legislative 
        action to address data security and privacy risks posed to the 
        United States by artificial intelligence applications 
        affiliated with governments of countries of concern.
    (d) Form.--The report submitted pursuant to subsection (b) shall be 
submitted in unclassified form, but may include a classified annex.
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