In a significant bipartisan effort, key U.S. lawmakers today introduced the “No Adversarial AI Act,” legislation designed to erect a critical firewall between U.S. federal agencies and artificial intelligence technologies developed by foreign adversaries.
The bill, spearheaded by Raja Krishnamoorthi (D-IL), ranking member of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party, and committee Chairman John Moolenaar (R-MI), aims to mitigate national security risks posed by AI systems potentially controlled by hostile foreign powers, notably the People’s Republic of China (PRC).
The legislation has garnered bicameral support, with Representatives Ritchie Torres (D-NY) and Darin LaHood (R-IL) cosponsoring the House bill, and Senators Rick Scott (R-FL) and Gary Peters (D-MI) introducing the companion measure in the Senate.
AI as a National Security Vulnerability
At the heart of the “No Adversarial AI Act” is the recognition that AI, while transformative, can also be a potent tool for espionage and subversion when controlled by malicious actors. Lawmakers specifically cited concerns about companies like DeepSeek, which has alleged ties to the Chinese Communist Party and its intelligence apparatus, and whose privacy policy explicitly states that U.S. user data is stored in China.
A prior investigation by Ranking Member Krishnamoorthi and Chairman Moolenaar into DeepSeek’s operations recommended a federal procurement prohibition on PRC-origin AI models, particularly for use on government devices. The “No Adversarial AI Act” directly addresses this recommendation.
Also read: Taiwan’s DeepSeek Ban Reflects Global Concerns Over AI Security
Key Provisions of the Bill to Build the Digital Wall
The “No Adversarial AI Act” outlines a multi-pronged approach to safeguarding federal systems that includes:
- Establishing a Federal List of Adversarial AI: The bill mandates that the Federal Acquisition Security Council (FASC) develop a list of AI produced or developed by a foreign adversary within 60 days of the Act’s enactment. This list will then be published publicly by the Director of the Office of Management and Budget (OMB) within 180 days, and updated at least every 180 days thereafter.
- Prohibiting Federal Use of Listed AI: Once an AI is on this list, U.S. government agencies will be barred from acquiring or using it. This prohibition extends to entities with documented ties to the Chinese Communist Party like DeepSeek.
- Limited Exceptions with Strict Oversight: While the general rule is prohibition, the bill allows for narrow exceptions. An executive agency head may approve an exception if the AI is deemed necessary for scientifically valid research, evaluation, training, testing, analysis, counterterrorism or counterintelligence activities, or to avoid jeopardizing mission-critical functions. However, any such exception requires written notice to the Director of OMB and appropriate Congressional committees.
- Regular Updates and Removal Process: The FASC is required to update the adversarial AI list at least every 180 days. A process is also outlined for removing AI from the list if the owner certifies it’s not produced or developed by a foreign adversary, and the FASC reviews and certifies this claim.
- Empowering Agency Enforcement: The legislation directs executive agencies to leverage existing authorities to consider for exclusion and removal artificial intelligence provided by a covered foreign adversary entity on the list.
What Constitutes ‘Foreign Adversary AI’?
The bill defines “artificial intelligence” broadly, consistent with existing U.S. law. Crucially, it also provides a clear definition of “foreign adversary” and “foreign adversary entity”. A “foreign adversary entity” includes:
- A foreign adversary.
- A foreign person domiciled in, headquartered in, having its principal place of business in, or organized under the laws of a foreign adversary country.
- An entity where a foreign person or combination of foreign persons described above directly or indirectly owns at least a 20 percent stake.
- A person subject to the direction or control of any of the aforementioned.
“Foreign adversary” is defined by reference to existing U.S. code, typically including countries like China, Russia, Iran, and North Korea.
A New Cold War in the Digital Sphere
Lawmakers urged approval of the measure. Ranking Member Krishnamoorthi stated, “Artificial intelligence controlled by foreign adversaries poses a direct threat to our national security, our data, and our government operations.” He stressed the necessity of a “clear firewall” to protect U.S. institutions and citizens from hostile regimes embedding their code in sensitive systems.
Chairman Moolenaar echoed those sentiments, declaring, “We are in a new Cold War—and AI is the strategic technology at the center.” He criticized the Chinese Communist Party’s approach to AI, alleging that it “steals, scales, and subverts,” and emphasized the need to prevent U.S. government systems from being powered by tools designed to serve authoritarian interests.
Senators Scott and Peters also highlighted the risks to national security and American data. Senator Scott warned against federal agencies using “dangerous platforms” that could subject the government to Beijing’s control, citing clear evidence of China’s potential access to U.S. user data on AI systems. Senator Peters said the legislation’s role in safeguarding U.S. government systems from AI that could compromise national security or put personal data at risk, while still allowing for legitimate scientific research and innovation.
The “No Adversarial AI Act” represents a significant step in the U.S. effort to secure its digital infrastructure from emerging geopolitical threats, recognizing AI as a critical frontier in national security.
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