No Adversarial AI Act
The No Adversarial AI Act creates a formal framework to identify and restrict AI technologies developed by foreign adversaries from being acquired or used by U.S. federal agencies. It requires the Federal Acquisition Security Council (FASC) to develop a list of AI produced or developed by foreign adversaries within 60 days of enactment and have the Director of the Office of Management and Budget (OMB) publish that list publicly within 180 days. The list must be updated at least every 180 days, and AI can be removed from the list only if the owner provides certification and the FASC reviews and certifies that the AI is not produced or developed by a foreign adversary. Section 3 then imposes a general prohibition on executive agencies purchasing or using AI on the list, with a 90-day review window after enactment to consider exclusions, and authorizes agencies to use existing authorities to mitigate risks. There are narrowly defined exceptions (for certain research, evaluation/testing, counterterrorism/counterintelligence, or to avoid jeopardizing mission-critical functions) that require notice to Congress and OMB. The bill provides definitions for AI, foreign adversary, and foreign adversary entity and designates relevant congressional committees for oversight.
Key Points
- 1Establishment of a foreign-adversary AI list: FASC must create a list of AI produced or developed by foreign adversaries within 60 days; OMB must publish it publicly within 180 days; the list is updated at least every 180 days.
- 2Removal from the list: An AI can be removed if the owner submits certification that it is not produced or developed by a foreign adversary and the FASC verifies and certifies this finding.
- 3Prohibition on acquiring/using foreign-adversary AI: Within 90 days of enactment, federal executive agencies must review AI from listed foreign-adversary entities and consider excluding/removing them, with possible exceptions.
- 4Use of mitigating authorities: Agencies must use authorities under 41 U.S.C. 4713 to mitigate risks associated with listed AI.
- 5Exceptions and notice: Exceptions can be granted for scientifically valid research, evaluation/training/testing/analysis, counterterrorism/counterintelligence, or to avoid jeopardizing mission-critical functions. Exceptions require written notice to the Director of OMB and Congress.
- 6Definitions and scope: The bill uses AI as defined in the National AI Initiative Act and the McCain NDAA; defines foreign adversary and foreign-adversary entity; clarifies executive agency scope and the relevant congressional committees (Senate Homeland Security and Governmental Affairs; House Oversight and Government Reform).