[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4976 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4976
To require the Office of Information and Communication Technology
Services and other Federal agencies to develop a list of artificial
intelligence products and services, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2024
Mr. Rubio (for himself, Mr. Scott of Florida, and Mr. Barrasso)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the Office of Information and Communication Technology
Services and other Federal agencies to develop a list of artificial
intelligence products and services, 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 ``Artificial Intelligence Acquisitions
Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(2) Control.--The term ``control'' has the meaning given
that term in section 800.208 of title 31, Code of Federal
Regulations (as in effect on the date of enactment of this
Act).
(3) Country of concern.--The term ``country of concern''--
(A) means a country the government of which is a
foreign adversary, as defined in section 8(c) of the
Secure and Trusted Communications Networks Act of 2019
(47 U.S.C. 1607(c)); and
(B) includes--
(i) the People's Republic of China
(including the Special Administrative Regions
of the People's Republic of China, Hong Kong
and Macau);
(ii) the Russian Federation;
(iii) the Islamic Republic of Iran;
(iv) the Democratic People's Republic of
Korea;
(v) the Republic of Cuba;
(vi) the Maduro Regime of Venezuela; and
(vii) the Syrian Arab Republic.
(4) Federal agency.--The term ``Federal agency'' has the
meaning given the term in section 5122 of title 42, United
States Code.
(5) Firmware.--The term ``firmware'' has the meaning given
the term in section 120.40 of title 22, Code of Federal
Regulations.
(6) Foreign person of concern.--The term ``foreign person
of concern'' means--
(A) any corporation, business association,
partnership, trust, society, financial institution,
insurer, underwriter, guarantor, and any other business
organization, any other nongovernmental entity,
organization, or group, or any government or agency
thereof, that--
(i) is domiciled in or subject to the laws
of a country of concern;
(ii) is directly or indirectly controlled
by any person domiciled in or subject to the
laws of a country of concern; or
(iii) is directly or indirectly controlled
by a government of a country of concern; and
(B) any successor to any entity described in
subparagraph (A).
(7) Person.--The term ``person'' means--
(A) a natural person; or
(B) a corporation, business association,
partnership, society, trust, financial institution,
insurer, underwriter, guarantor, and any other business
organization, any other nongovernmental entity,
organization, or group, or any government or agency
thereof.
(8) Semiconductor chip product.--The term ``semiconductor
chip product'' has the meaning given the term in section 901 of
title 17, United States Code.
(9) Executive director.--The term ``Executive Director''
means the Executive Director for Information and Communications
Technology and Services.
SEC. 3. DETERMINATION OF ARTIFICIAL INTELLIGENCE AND LARGE LANGUAGE
MODEL PRODUCTS OR SERVICES POSING NATIONAL SECURITY
RISKS.
(a) Development of List.--
(1) In general.--The Executive Director, in coordination
with the Under Secretary of Commerce for Standards and
Technology and the Federal Acquisition Security Council, shall
develop a list containing any artificial intelligence product
or service that meets 1 or more of the following criteria:
(A) Uses software or firmware produced or developed
by a foreign person of concern.
(B) Has a logic semiconductor chip product that is
manufactured by a foreign person of concern.
(C) Is offered by a foreign person of concern.
(2) Application to logic semiconductor chips.--For purposes
of paragraph (1)(B), the term ``manufactured'' does not include
the assembly, testing, or packing of logic semiconductor chips.
(b) Publication of List.--Not later than 1 year after the date of
the enactment of this Act, Executive Director, in coordination with the
Under Secretary of Commerce for Standards and Technology and the
Federal Acquisition Security Council, shall publish on a publicly
available website of the Office of Information and Communication
Technology Services of the Bureau of Industry and Security the list
developed pursuant to subsection (a).
(c) Updates to List.--
(1) In general.--The Executive Director, in coordination
with the Under Secretary of Commerce for Standards and
Technology and the Federal Acquisition Security Council, shall
annually update the list developed pursuant to subsection (a).
(2) Removal from list.--The Executive Director may remove
an artificial intelligence product or service from the list
developed pursuant to subsection (a) if--
(A) the person that owns such product or service
submits to the Federal Acquisition Security Council a
certification that the product or service does not meet
any of the criteria described in subsection (a),
including information in support of such certification;
and
(B) the Federal Acquisition Security Council--
(i) reviews such certification and
information; and
(ii) certifies to the Executive Director
that the product or service does not meet any
of the criteria described in subsection (a).
(3) Public notification.--If the list is not updated
pursuant to paragraph (1) during the most recently completed
annual period, then not later than 90 days after the end of
such annual period, the Federal Acquisition Security Council
shall notify the public that no updates were necessary during
such annual period to protect national security.
SEC. 4. PROHIBITION ON PURCHASE OF COVERED ARTIFICIAL INTELLIGENCE AND
LARGE LANGUAGE MODEL PRODUCTS AND SERVICES.
(a) Prohibition on Purchase of Covered Products and Services.--
Beginning on the date that is 30 days after the date the list developed
pursuant to section 4(a) is published in accordance with section 4(c),
the head of a Federal department or agency may not--
(1) purchase, rent, lease, or otherwise obtain any
artificial intelligence or large language model product or
service included on such list; or
(2) award contracts, grants, or otherwise use any Federal
funds to procure a product or service from persons that use any
such artificial intelligence or large language model product or
service.
(b) Divestment From Covered Products and Services.--
(1) Initial divestment.--Any person that is a recipient of
a contract to sell a product or provide a service for a Federal
agency and has acquired, prior to the date of the enactment of
this Act, artificial intelligence and large language model
products or services from a foreign person of concern through
purchase, rental, lease, or contract shall divest from and
discontinue use of such products or services not later than 2
years after the date of the enactment of this Act.
(2) Ongoing divestment.--Not later than 1 year after the
date an artificial intelligence or large language model product
or service is added to the list developed pursuant to section
4(a), any person that is a recipient of a contract to sell a
product or provide a service for a Federal agency that uses
such product or service shall divest from and discontinue use
of such product or service.
(c) Exception on Prohibition on Purchase for Intelligence
Activities.--Subsection (a) shall not apply to any activity subject to
the reporting requirements under title V of the National Security Act
of 1947 (50 U.S.C. 3091 et seq.) or any other authorized intelligence
activity (as that term is described in section 1101 of the National
Security Act of 1947 (50 U.S.C. 3231)).
(d) Exception for Certain Department of Defense Activities.--
Subsection (a) shall not apply to the Secretary of Defense with respect
to the procurement of any artificial intelligence or large language
model product for the purpose of engaging in defense intelligence
activities or researching adversarial artificial intelligence.
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