S. 2177

119 S2177 IS: No Adversarial AI Act
 U.S. Senate
 2025-06-25
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 2177
  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.
1.
Short title
This Act may be cited as the   No Adversarial AI Act  .
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.
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).