Improvements regarding guidance and prohibition on use of certain artificial intelligence
Division A — Department of Defense authorizations › Title XVI — Cyberspace-related matters › Subtitle C — Data and artificial intelligence
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Section 1532 of the National Defense Authorization Act for Fiscal Year 2026 (Public Law 119–60; 10 U.S.C. 2224 note) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in the paragraph heading, by striking Consideration of guidance and inserting Guidance; and (ii) by striking consider issuing and inserting issue; and (B) in paragraph (3)(B) by striking if and inserting after the date that is 90 days after the date on which; (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A), by striking; or and inserting a semicolon; (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (C) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Baidu; (D) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Zhipu AI; (E) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Moonshot AI; (F) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company 01.AI; (G) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Mistral-rival Minimax; (H) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Alibaba; (I) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Tencent; (J) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Huawei; (K) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Bytedance; (L) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company Xiaomi; or (M) any artificial intelligence, or successor artificial intelligence, that is a derivative model derived from artificial intelligence identified by subparagraphs (A) through (L).; (B) by amending paragraph (4) to read as follows: (4) The term covered artificial intelligence company means— (A) an entity that— (i) produces or provides artificial intelligence models or applications; and (ii) (I) is included on— (aa) the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or (bb) the civil-military fusion list maintained under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note); (II) is domiciled in a covered nation; or (III) is subject to unmitigated foreign ownership, control, or influence by a covered nation, as determined by the Secretary of Defense in accordance with the National Industrial Security Program or any successor to such program; or (B) an entity that produces or provides artificial intelligence models or applications that are derivative models that are derived from artificial models or applications produced or provided by an entity described in subparagraph (A).; and (C) by adding at the end the following: (5) The term derivative model means an artificial intelligence model with weights, parameters, or training outputs that are derived in whole or in material part from another artificial intelligence model, including through fine-tuning, quantization, distillation, merging, or any other adaptation technique..