No Adversarial AI Act
- Bill Number
- H.R. 4142
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-06-25: Referred to the House Committee on Oversight and Government Reform.
- Last Updated
- 2025-12-05T22:55:25Z
AI-Generated Summary
Purpose of the Legislation
The "No Adversarial AI Act" (H.R. 4142) aims to safeguard the U.S. government from risks posed by artificial intelligence (AI) developed or produced by foreign adversaries. It establishes mechanisms to identify and restrict the use of such AI in federal operations, prioritizing national security in government technology acquisitions.
Key Provisions
- Development and Publication of a Restricted AI List (Section 2):
- The Federal Acquisition Security Council (FASC), an existing interagency body that advises on supply chain risks, must create a list within 60 days of enactment identifying AI produced or developed by foreign adversaries.
- The Director of the Office of Management and Budget (OMB), working with FASC, must publish this list on a public website within 180 days.
- The list must be updated at least every 180 days.
- AI can be removed from the list if its owner certifies it is not linked to a foreign adversary, and FASC verifies this after review.
- Prohibition on Acquisition and Use of Restricted AI (Section 3):
- Heads of executive agencies (federal departments and agencies like the Department of Defense or Health and Human Services) must review and exclude or remove AI from the list within 90 days, in coordination with FASC.
- Agencies must use existing legal authorities under 41 U.S.C. § 4713 (which allows mitigation of risks in federal contracts) to enforce exclusions.
- Exceptions: Agencies can approve limited use with written notice to OMB and relevant congressional committees if the AI is needed for:
- Scientifically valid research (basic, unbiased study as defined in federal education law).
- Evaluation, training, testing, or analysis.
- Counterterrorism or counterintelligence efforts.
- Avoiding harm to critical government missions.
- Definitions:
- AI: Broadly includes machine-based systems that perform tasks like perception, decision-making, or learning, as defined in the National AI Initiative Act of 2020 and related defense laws.
- Foreign Adversary: Refers to "covered nations" under existing law (10 U.S.C. § 4872(f)(2)), typically including countries like China, Russia, Iran, and North Korea.
- Foreign Adversary Entity: Encompasses the adversary nation itself, entities based there, those with at least 20% ownership by such entities, or those under their control.
Significant Changes to Existing Law
- This bill builds on prior laws like the National Defense Authorization Act and AI Initiative Act by creating a specific, dynamic list for foreign adversary AI, which did not previously exist.
- It mandates proactive exclusion and removal processes for AI in federal acquisitions, extending general supply chain security rules (e.g., under 41 U.S.C. § 4713) to target AI explicitly.
- Introduces a certification and verification process for delisting AI, providing a pathway for non-adversarial AI owners to appeal, which is a new procedural safeguard not detailed in earlier foreign risk statutes.
Potential Impacts
- On Government Agencies: Executive agencies will face stricter procurement rules, potentially increasing costs and administrative burdens for reviewing and replacing AI tools. This could delay technology adoption but enhance security in areas like data analysis or automation.
- On Citizens: Indirect effects through safer, more secure federal services (e.g., reduced risk of data breaches in government apps or systems), though it may slow innovation in public-facing AI tools.
- On International Relations: Could strain ties with foreign adversaries by limiting their AI market access to U.S. government contracts, signaling a broader U.S. push for technological decoupling and potentially prompting retaliatory measures.
Main Stakeholders Affected
- Federal Government Entities: Executive agencies (as primary users), FASC (list developer), and OMB (publisher and exception notifier).
- Congressional Committees: Senate Committee on Homeland Security and Governmental Affairs; House Committee on Oversight and Government Reform (receive exception notices).
- AI Industry: Developers and owners of AI products, especially those seeking certification for delisting or navigating exceptions.
- Foreign Entities: Companies or governments in adversary nations, facing exclusion from U.S. federal markets.
- U.S. Taxpayers and Researchers: Benefit from secure government operations but may encounter hurdles in federally funded AI research if exceptions are narrowly applied.
Notable Legal, Constitutional, or Political Implications
- Legal: Relies on established definitions of AI and foreign adversaries, reducing ambiguity, but the 20% ownership threshold for entities could lead to disputes over ownership transparency. Exceptions provide flexibility to avoid First Amendment challenges related to research suppression.
- Constitutional: Aligns with Congress's spending power (Article I) to control federal acquisitions, without directly infringing on private sector activities.
- Political: Bipartisan sponsorship (introduced by Reps. Moolenaar, Krishnamoorthi, LaHood, and Torres) underscores national security consensus on AI risks, potentially influencing future tech policy amid U.S.-China tech tensions. Referred to the House Oversight Committee, it may spark debates on balancing security with innovation.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Moolenaar, John R. [R-MI-2]
Cosponsors (3)
Rep. Krishnamoorthi, Raja [D-IL-8], Rep. LaHood, Darin [R-IL-16], Rep. Torres, Ritchie [D-NY-15]
Recent Actions
- 2025-06-25: Referred to the House Committee on Oversight and Government Reform.
- 2025-06-25: Introduced in House
- 2025-06-25: Introduced in House
Bill Versions
- No Adversarial AI Act — issued 2025-06-25 — PDF (6 pages)