No DeepSeek on Government Devices Act
- Bill Number
- S. 765
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-02-27: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-12-05T21:46:21Z
AI-Generated Summary
Purpose
The legislation aims to prohibit the use of the DeepSeek application (an AI tool) on government devices and systems to enhance information security within executive agencies. It seeks to mitigate potential risks associated with this foreign-developed technology by mandating its removal from federal information technology.
Key Provisions
- Definitions:
- Covered application: Refers to the DeepSeek app or any similar future versions developed or provided by High Flyer (a company) or its owned entities.
- Executive agency: Includes federal departments and agencies as defined under U.S. law (41 U.S.C. § 133).
- Information technology: Encompasses computers, software, and networks used by the government (40 U.S.C. § 11101).
- Prohibition and Implementation:
- Within 60 days of enactment, the Director of the Office of Management and Budget (OMB) must create standards and guidelines, in consultation with the Administrator of General Services, the Director of the Cybersecurity and Infrastructure Security Agency (CISA), the Director of National Intelligence, and the Secretary of Defense.
- These guidelines require executive agencies to remove covered applications from all information technology systems, while aligning with existing federal information security laws (44 U.S.C., subchapter II of chapter 35).
- Exceptions:
- Allows limited use for law enforcement activities, national security purposes, and by security researchers (experts who test systems for vulnerabilities).
- For any approved exceptions, agencies must document and implement specific actions to reduce risks, such as enhanced monitoring or restrictions.
Significant Changes to Existing Law
- This bill introduces a targeted ban on a specific application (DeepSeek), which was not previously prohibited under federal law. It builds on existing information security frameworks by adding enforceable standards for removal and risk management, without altering broader cybersecurity statutes. No amendments to prior laws are specified; instead, it creates new administrative requirements for executive agencies.
Potential Impacts
- On Government Agencies: Executive agencies will face immediate compliance burdens, including auditing and removing the app from devices within 60 days, potentially increasing administrative costs and IT overhaul efforts. Exceptions may allow continued use in critical areas but with added documentation.
- On Citizens: Minimal direct impact, as the ban applies only to government systems; however, it could indirectly affect public services if agencies rely on similar AI tools for efficiency, potentially slowing processes until alternatives are adopted.
- On International Relations: The prohibition targets a product from High Flyer (likely a foreign entity, possibly Chinese-based), which may signal U.S. concerns over data security and foreign tech influence, potentially straining trade or tech cooperation with the originating country.
Main Stakeholders Affected
- Executive Agencies: Primary targets, required to implement removals and comply with new guidelines.
- Federal Oversight Bodies: OMB, General Services Administration (GSA), CISA, Office of the Director of National Intelligence (ODNI), and Department of Defense (DoD) must collaborate on standards.
- Law Enforcement and Security Personnel: Benefit from exceptions but must adhere to risk mitigation rules.
- Security Researchers: Gain authorized access under exceptions for vulnerability testing.
- High Flyer and Related Entities: Face exclusion from U.S. government markets, impacting their business.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal cybersecurity by mandating proactive removal of high-risk apps, enforceable through OMB guidelines; violations could lead to administrative penalties under existing security laws. Exceptions ensure flexibility without undermining the ban.
- Constitutional: Applies only to government-owned devices and systems, avoiding First Amendment issues related to private speech or expression; it focuses on national security rather than content regulation.
- Political: Sponsored by bipartisan senators (e.g., Ms. Rosen, Mr. Husted, Mr. Ricketts), indicating cross-party support for protecting government tech from foreign risks. Referred to the Senate Committee on Homeland Security and Governmental Affairs, it could influence broader debates on AI and foreign tech bans in federal policy.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Husted, Jon [R-OH], Sen. Ricketts, Pete [R-NE]
Recent Actions
- 2025-02-27: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-02-27: Introduced in Senate
Bill Versions
- No DeepSeek on Government Devices Act — issued 2025-02-27 — PDF (3 pages)