,,ii #aahth ,,congress #b;d ,session ,s4 #digf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjbd,mr4 ,rubio 7for himself1 ,mr4 ,scott of ,florida1 and ,mr4 ,barrasso7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require the ,office of ,information and ,communication ,technology ,services and other ,federal agencies to develop a list of artificial intelligence products and services1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,artificial ,intelligence ,acquisitions ,act of #bjbd4 #b4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given that term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#b7 ,control ,the term control has the meaning given that term in section #hjj4bjh of title #ca1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#c7 ,country of concern ,the term country of concern-- 7,a7 means a country the government of which is a foreign adversary1 as defined in section #h7;c7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjg7;c772 and 7,b7 includes-- 7i7 the ,people's ,republic of ,china 7including the ,special ,administrative ,regions of the ,people's ,republic of ,china1 ,hong ,kong and ,macau72 7ii7 the ,russian ,federation2 7iii7 the ,islamic ,republic of ,iran2 7iv7 the ,democratic ,people's ,republic of ,korea2 7v7 the ,republic of ,cuba2 7vi7 the ,maduro ,regime of ,venezuela2 and 7vii7 the ,syrian ,arab ,republic4 7#d7 ,federal agency ,the term ,federal agency has the meaning given the term in section #eabb of title #db1 ,united ,states ,code4 7#e7 ,firmware ,the term firmware has the meaning given the term in section #abj4dj of title #bb1 ,code of ,federal ,regulations4 7#f7 ,foreign person of concern ,the term foreign person of concern means-- 7,a7 any corporation1 business association1 partnership1 trust1 society1 financial institution1 insurer1 underwriter1 guarantor1 and any other business organization1 any other nongovernmental entity1 organization1 or group1 or any government or agency thereof1 that-- 7i7 is domiciled in or subject to the laws of a country of concern2 7ii7 is directly or indirectly controlled by any person domiciled in or subject to the laws of a country of concern2 or 7iii7 is directly or indirectly controlled by a government of a country of concern2 and 7,b7 any successor to any entity described in subparagraph 7,a74 7#g7 ,person ,the term person means-- 7,a7 a natural person2 or 7,b7 a corporation1 business association1 partnership1 society1 trust1 financial institution1 insurer1 underwriter1 guarantor1 and any other business organization1 any other nongovernmental entity1 organization1 or group1 or any government or agency thereof4 7#h7 ,semiconductor chip product ,the term semiconductor chip product has the meaning given the term in section #ija of title #ag1 ,united ,states ,code4 7#i7 ,executive ,director ,the term ,executive ,director means the ,executive ,director for ,information and ,communications ,technology and ,services4 #c4 ,determination of artificial intelligence and large language model products or services posing national security risks 7a7 ,development of list 7#a7 ,in general ,the ,executive ,director1 in coordination with the ,under ,secretary of ,commerce for ,standards and ,technology and the ,federal ,acquisition ,security ,council1 shall develop a list containing any artificial intelligence product or service that meets #a or more of the following criteria3 7,a7 ,uses software or firmware produced or developed by a foreign person of concern4 7,b7 ,has a logic semiconductor chip product that is manufactured by a foreign person of concern4 7,c7 ,is offered by a foreign person of concern4 7#b7 ,application to logic semiconductor chips ,for purposes of paragraph 7#a77;,b71 the term manufactured does not include the assembly1 testing1 or packing of logic semiconductor chips4 7b7 ,publication of list ,not later than #a year after the date of the enactment of this ,act1 ,executive ,director1 in coordination with the ,under ,secretary of ,commerce for ,standards and ,technology and the ,federal ,acquisition ,security ,council1 shall publish on a publicly available website of the ,office of ,information and ,communication ,technology ,services of the ,bureau of ,industry and ,security the list developed pursuant to subsection 7a74 7c7 ,updates to list 7#a7 ,in general ,the ,executive ,director1 in coordination with the ,under ,secretary of ,commerce for ,standards and ,technology and the ,federal ,acquisition ,security ,council1 shall annually update the list developed pursuant to subsection 7a74 7#b7 ,removal from list ,the ,executive ,director may remove an artificial intelligence product or service from the list developed pursuant to subsection 7a7 if-- 7,a7 the person that owns such product or service submits to the ,federal ,acquisition ,security ,council a certification that the product or service does not meet any of the criteria described in subsection 7a71 including information in support of such certification2 and 7,b7 the ,federal ,acquisition ,security ,council-- 7i7 reviews such certification and information2 and 7ii7 certifies to the ,executive ,director that the product or service does not meet any of the criteria described in subsection 7a74 7#c7 ,public notification ,if the list is not updated pursuant to paragraph 7#a7 during the most recently completed annual period1 then not later than #ij days after the end of such annual period1 the ,federal ,acquisition ,security ,council shall notify the public that no updates were necessary during such annual period to protect national security4 #d4 ,prohibition on purchase of covered artificial intelligence and large language model products and services 7a7 ,prohibition on purchase of covered products and services ,beginning on the date that is #cj days after the date the list developed pursuant to section #d7;a7 is published in accordance with section #d7;c71 the head of a ,federal department or agency may not-- 7#a7 purchase1 rent1 lease1 or otherwise obtain any artificial intelligence or large language model product or service included on such list2 or 7#b7 award contracts1 grants1 or otherwise use any ,federal funds to procure a product or service from persons that use any such artificial intelligence or large language model product or service4 7b7 ,divestment from covered products and services 7#a7 ,initial divestment ,any person that is a recipient of a contract to sell a product or provide a service for a ,federal agency and has acquired1 prior to the date of the enactment of this ,act1 artificial intelligence and large language model products or services from a foreign person of concern through purchase1 rental1 lease1 or contract shall divest from and discontinue use of such products or services not later than #b years after the date of the enactment of this ,act4 7#b7 ,ongoing divestment ,not later than #a year after the date an artificial intelligence or large language model product or service is added to the list developed pursuant to section #d7;a71 any person that is a recipient of a contract to sell a product or provide a service for a ,federal agency that uses such product or service shall divest from and discontinue use of such product or service4 7c7 ,exception on prohibition on purchase for intelligence activities ,subsection 7a7 shall not apply to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any other authorized intelligence activity 7as that term is described in section #aaja of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbca774 7d7 ,exception for certain ,department of ,defense activities ,subsection 7a7 shall not apply to the ,secretary of ,defense with respect to the procurement of any artificial intelligence or large language model product for the purpose of engaging in defense intelligence activities or researching adversarial artificial intelligence4