119-hr4142

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4142 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4142

 To protect the United States Government from foreign adversary AI and 
 for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 June 25, 2025

 Mr. Moolenaar (for himself, Mr. Krishnamoorthi, Mr. LaHood, and Mr. 
 Torres of New York) introduced the following bill; which was referred 
 to the Committee on Oversight and Government Reform

_______________________________________________________________________

 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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