[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2177 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2177
To protect the United States Government from foreign adversary AI and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25 (legislative day, June 24), 2025
Mr. Scott of Florida (for himself and Mr. Peters) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To protect the United States Government from foreign adversary AI 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 ``No Adversarial AI Act''.
SEC. 2. DETERMINATION OF FOREIGN ADVERSARY AI.
(a) Development of List.--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.
(b) Publication of List.--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).
(c) Updates to List.--
(1) In general.--The Federal Acquisition Security Council
shall update the list developed pursuant to subsection (a) not
less than every 180 days.
(2) Removal from list.--The Federal Acquisition Security
Council may remove artificial intelligence from the list
pursuant to subsection (a) if--
(A) 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
(B) the Federal Acquisition Security Council--
(i) reviews such certification and
information; and
(ii) certifies that the artificial
intelligence is not produced or developed by a
foreign adversary.
SEC. 3. PROHIBITION ON ACQUIRING AND USE OF FOREIGN ADVERSARY AI.
(a) In General.--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).
(b) Authorities Relating to Mitigating Risks in the Acquisition and
Use of Foreign Adversary AI.--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).
(c) Exceptions and Notice.--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--
(1) 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));
(2) for the purpose of evaluation, training, testing, or
analysis;
(3) for the purpose of conducting counterterrorism or
counterintelligence activities; or
(4) to avoid jeopardizing the performance of mission
critical functions.
(d) Definitions.--In this section:
(1) Appropriate committees of congress.--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.
(2) Artificial intelligence.--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.).
(3) Executive agency.--The term ``executive agency'' has
the meaning given the term ``Executive agency'' in section 105
of title 5, United States Code.
(4) Foreign adversary.--The term ``foreign adversary'' has
the meaning given the term ``covered nation'' in section
4872(f)(2) of title 10, United States Code.
(5) Foreign adversary entity.--The term ``foreign adversary
entity'' means--
(A) a foreign adversary;
(B) 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;
(C) 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
(D) a person subject to the direction or control of
a foreign person or entity described in subparagraph
(A), (B), or (C).
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