No Adversarial AI Act
The No Adversarial AI Act would treat AI products and services developed or produced by foreign adversaries as high-risk for U.S. federal procurement. It requires the Federal Acquisition Security Council (FASC) to create and maintain a publicly accessible list of such AI, publish it, and refresh it at least every 180 days. Executive agencies would be required to review AI from listed foreign adversary entities for exclusion from government use, with limited exceptions allowed for specific purposes (e.g., basic research, training/testing, counterterrorism, or to safeguard critical mission functions). The act defines who counts as a foreign adversary and a foreign adversary entity and sets procedures for adding to or removing from the list. Overall, the bill is designed to reduce the government’s exposure to AI sourced from foreign adversaries by tightening procurement and use rules.
Key Points
- 1List and public disclosure: Within 60 days, FASC must develop a list of AI produced or developed by foreign adversaries; within 180 days, the list must be published publicly (via an OMB-coordinated website) and updated at least every 180 days.
- 2Exclusion from federal use: Within 90 days of enactment, executive agencies must review AI from listed foreign adversary entities for possible exclusion from government use, with removal possible if certain certifications and reviews are satisfied.
- 3Mitigation authorities: Agencies may use the authorities in 41 U.S.C. 4713 to consider exclusions or removals of listed AI in acquisitions.
- 4Exceptions permitted: An agency can grant an exception with written notice to Congress if acquiring the AI is necessary for scientifically valid research, evaluation/training/testing/analysis, counterterrorism or counterintelligence, or to avoid jeopardizing mission-critical functions.
- 5Definitions and scope: The act defines artificial intelligence using existing federal phrasing, defines foreign adversary (via the “covered nation” concept), and defines “foreign adversary entity” (including entities with significant foreign ownership or control). It targets AI that is produced or developed by a foreign adversary and ties eligibility to ownership or control thresholds (e.g., at least 20% foreign ownership).