[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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