Guidance and prohibition on use of certain artificial intelligence

(a) Guidance and prohibitions (1) Requirement required regarding exclusion and removal from Department systems and devices Except as provided in subsection (b), not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall require all Department of Defense offices and components to exclude or remove covered artificial intelligence from all Department of Defense systems and devices. (2) Consideration of guidance for Department systems and devices Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall consider issuing guidance to all Department offices and components to exclude or remove artificial intelligence developed by a foreign adversary entity in cases in which the Secretary determines that the artificial intelligence poses a national security risk for all Department systems and devices. (3) Prohibition for contractors (A) Use of covered artificial intelligence Except as provided in subsection (b), not later than 30 days after the date of enactment of this Act, no contractor with an active Department contract may use covered artificial intelligence for fulfillment, assistance, execution, or otherwise support to complete, or support in part, a contract with the Department. (B) Use of artificial intelligence developed by a foreign adversary Except as provided in subsection (b), if the Secretary issues guidance described in paragraph (2) to exclude or remove an artificial intelligence developed by a foreign adversary entity that the Secretary determines poses a national security risk as described in such paragraph, no contractor with an active Department contract may use the artificial intelligence for fulfillment, assistance, execution, or otherwise support to complete, or support in part, a contract with the Department. (b) Waiver (1) In general The Secretary may waive a prohibition under subsection (a), on a case-by-case basis, if the Secretary determines that the waiver is necessary— (A) for the purpose of scientifically valid research (as defined in section 102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9501)); (B) for the purpose of evaluation, training, testing, or other analysis needed for national security; (C) for the purpose of conducting counter terrorism, counterintelligence, or other operational military activities supporting national security; or (D) for the purpose of fulfilling mission critical functions. (2) Mitigation of risks In any case in which the Secretary issues a waiver pursuant to paragraph (1), the Secretary shall take such steps as the Secretary considers necessary to mitigate any risks due to the issuance of the waiver. (c) Definitions In this section: (1) The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401) and includes the systems and techniques described in paragraphs (1) through (5) of section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061). (2) The term covered artificial intelligence means— (A) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company DeepSeek; and (B) any artificial intelligence, or successor artificial intelligence, developed by High Flyer or an entity owned by, funded by, or supported by High Flyer or an entity with respect to which High Flyer directly or indirectly owns at least a 20 percent stake. (3) The term foreign adversary has the meaning given the term covered nation in section 4872(f) of title 10, United States Code. (4) The term foreign adversary entity means— (A) a foreign adversary; (B) a foreign person domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary; (C) an entity with respect to which a foreign person or combination of foreign persons described in subparagraphs (A) or (B) directly or indirectly owns at least a 20 percent stake; or (D) a person subject to the direction or control of a foreign person or entity described in subparagraphs (A), (B), or (C).

(a) Guidance and prohibitions (1) Requirement required regarding exclusion and removal from Department systems and devices Except as provided in subsection (b), not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall require all Department of Defense offices and components to exclude or remove covered artificial intelligence from all Department of Defense systems and devices. (2) Consideration of guidance for Department systems and devices Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall consider issuing guidance to all Department offices and components to exclude or remove artificial intelligence developed by a foreign adversary entity in cases in which the Secretary determines that the artificial intelligence poses a national security risk for all Department systems and devices. (3) Prohibition for contractors (A) Use of covered artificial intelligence Except as provided in subsection (b), not later than 30 days after the date of enactment of this Act, no contractor with an active Department contract may use covered artificial intelligence for fulfillment, assistance, execution, or otherwise support to complete, or support in part, a contract with the Department. (B) Use of artificial intelligence developed by a foreign adversary Except as provided in subsection (b), if the Secretary issues guidance described in paragraph (2) to exclude or remove an artificial intelligence developed by a foreign adversary entity that the Secretary determines poses a national security risk as described in such paragraph, no contractor with an active Department contract may use the artificial intelligence for fulfillment, assistance, execution, or otherwise support to complete, or support in part, a contract with the Department. (b) Waiver (1) In general The Secretary may waive a prohibition under subsection (a), on a case-by-case basis, if the Secretary determines that the waiver is necessary— (A) for the purpose of scientifically valid research (as defined in section 102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9501)); (B) for the purpose of evaluation, training, testing, or other analysis needed for national security; (C) for the purpose of conducting counter terrorism, counterintelligence, or other operational military activities supporting national security; or (D) for the purpose of fulfilling mission critical functions. (2) Mitigation of risks In any case in which the Secretary issues a waiver pursuant to paragraph (1), the Secretary shall take such steps as the Secretary considers necessary to mitigate any risks due to the issuance of the waiver. (c) Definitions In this section: (1) The term artificial intelligence has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401) and includes the systems and techniques described in paragraphs (1) through (5) of section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061). (2) The term covered artificial intelligence means— (A) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company DeepSeek; and (B) any artificial intelligence, or successor artificial intelligence, developed by High Flyer or an entity owned by, funded by, or supported by High Flyer or an entity with respect to which High Flyer directly or indirectly owns at least a 20 percent stake. (3) The term foreign adversary has the meaning given the term covered nation in section 4872(f) of title 10, United States Code. (4) The term foreign adversary entity means— (A) a foreign adversary; (B) a foreign person domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary; (C) an entity with respect to which a foreign person or combination of foreign persons described in subparagraphs (A) or (B) directly or indirectly owns at least a 20 percent stake; or (D) a person subject to the direction or control of a foreign person or entity described in subparagraphs (A), (B), or (C).