WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''No Adversarial AI Act''.
This section establishes the short title of the Act as the No Adversarial AI Act. It creates no compliance obligations.
(a) 1 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 intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) that is produced or developed by a foreign adversaryForeign adversaryThe term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f)(2) of title 10, United States Code.Sec. 3(d)(4).
(b) 2 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)(1) 3 The Federal Acquisition Security Council shall update the list developed pursuant to subsection (a) not less than every 180 days.
(c)(2) The Federal Acquisition Security Council may remove artificial intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) from the list pursuant to subsection (a) if— (A) the person that owns such artificial intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) submits to the Federal Acquisition Security Council a certification that the product or service is not produced or developed by a foreign adversaryForeign adversaryThe term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f)(2) of title 10, United States Code.Sec. 3(d)(4), 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 intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) is not produced or developed by a foreign adversaryForeign adversaryThe term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f)(2) of title 10, United States Code.Sec. 3(d)(4).
Section 2 directs the Federal Acquisition Security Council to develop and maintain a list of artificial intelligence produced or developed by a foreign adversary. The list must be developed within 60 days of enactment and published by the Director of OMB on a publicly available website within 180 days. The list must be updated at least every 180 days, with a removal process available upon certification by the AI owner that the product is not produced or developed by a foreign adversary, subject to FASC review and verification.
These obligations run exclusively to the Federal Acquisition Security Council and the Director of OMB — they are government-to-government institutional mandates, not obligations on private-sector developers, deployers, or platforms.
(a) 4 Not later than 90 days after the date of the enactment of this Act, the head of an executive agencyExecutive agencyThe term "executive agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.Sec. 3(d)(3), in coordination with the Federal Acquisition Security Council, shall review and consider for exclusion and removal of artificial intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) provided by a covered foreign adversary entityForeign adversary entityThe 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).Sec. 3(d)(5) included on the list developed pursuant to section 2(a), barring an approved exception through the process described in subsection (c).
(b) 5 The head of an executive agencyExecutive agencyThe term "executive agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.Sec. 3(d)(3) shall, at a minimum, use the authorities in section 4713 of title 41, United States Code, to consider for exclusion and removal artificial intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) provided by a covered foreign adversary entityForeign adversary entityThe 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).Sec. 3(d)(5) included on the list developed pursuant to section 2(a).
(c) 6 Upon written notice to the Director of the Office of Management and Budget and the appropriate committees of CongressAppropriate committees of CongressThe 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.Sec. 3(d)(1), the head of an executive agencyExecutive agencyThe term "executive agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.Sec. 3(d)(3) may approve an exception to the determinations under subsection (a) if the head of the agency determines that acquiring, obtaining, or using the artificial intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) 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 CONGRESSAppropriate committees of CongressThe 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.Sec. 3(d)(1).—The term ''appropriate committees of CongressAppropriate committees of CongressThe 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.Sec. 3(d)(1)'' 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 INTELLIGENCEArtificial intelligenceThe 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.).Sec. 3(d)(2).—The term ''artificial intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2)'' has the meaning given the term in section 5002 of the National Artificial IntelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) Initiative Act of 2020 (15 U.S.C. 940) and includes the artificial intelligenceArtificial intelligenceThe 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.).Sec. 3(d)(2) 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 AGENCYExecutive agencyThe term "executive agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.Sec. 3(d)(3).—The term ''executive agencyExecutive agencyThe term "executive agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.Sec. 3(d)(3)'' has the meaning given the term ''Executive agencyExecutive agencyThe term "executive agency" has the meaning given the term "Executive agency" in section 105 of title 5, United States Code.Sec. 3(d)(3)'' in section 105 of title 5, United States Code. (4) FOREIGN ADVERSARYForeign adversaryThe term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f)(2) of title 10, United States Code.Sec. 3(d)(4).—The term ''foreign adversaryForeign adversaryThe term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f)(2) of title 10, United States Code.Sec. 3(d)(4)'' has the meaning given the term ''covered nation'' in section 4872(f)(2) of title 10, United States Code. (5) FOREIGN ADVERSARY ENTITYForeign adversary entityThe 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).Sec. 3(d)(5).—The term ''foreign adversary entityForeign adversary entityThe 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).Sec. 3(d)(5)'' means— (A) a foreign adversaryForeign adversaryThe term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f)(2) of title 10, United States Code.Sec. 3(d)(4); (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 adversaryForeign adversaryThe term "foreign adversary" has the meaning given the term "covered nation" in section 4872(f)(2) of title 10, United States Code.Sec. 3(d)(4) 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).
Section 3 is the bill's core operative provision. It requires the head of each executive agency to review and consider for exclusion and removal all artificial intelligence provided by a covered foreign adversary entity listed under Section 2(a), within 90 days of enactment. Agency heads must use at a minimum the supply chain risk management authorities in 41 U.S.C. § 4713 (the Federal Acquisition Supply Chain Security Act) to carry out this review.
Subsection (c) provides four narrow exceptions — scientific research, evaluation/training/testing, counterterrorism or counterintelligence, and mission-critical functions — each requiring written notice to the OMB Director and appropriate congressional committees. Subsection (d) provides definitions for key terms, including a broad definition of foreign adversary entity that captures ownership stakes of 20% or more and persons subject to the direction or control of foreign adversary interests.