II 

118TH CONGRESS 

2D SESSION S. 4976 

To require the Office of Information and Communication Technology Services 

and other Federal agencies to develop a list of artificial intelligence 

products and services, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

Mr. RUBIO (for himself, Mr. SCOTT of Florida, and Mr. BARRASSO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, 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 services, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Artificial Intelligence 

5 Acquisitions Act of 2024’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar2 tificial intelligence’’ has the meaning given that term 

3 in section 5002 of the National Artificial Intelligence 

4 Initiative Act of 2020 (15 U.S.C. 9401). 

5 (2) CONTROL.—The term ‘‘control’’ has the 

6 meaning given that term in section 800.208 of title 

7 31, Code of Federal Regulations (as in effect on the 

8 date of enactment of this Act). 

9 (3) COUNTRY OF CONCERN.—The term ‘‘coun10 try of concern’’— 

11 (A) means a country the government of 

12 which is a foreign adversary, as defined in sec13 tion 8(c) of the Secure and Trusted Commu14 nications Networks Act of 2019 (47 U.S.C. 

15 1607(c)); and 

16 (B) includes— 

17 (i) the People’s Republic of China (in18 cluding the Special Administrative Regions 

19 of the People’s Republic of China, Hong 

20 Kong and Macau); 

21 (ii) the Russian Federation; 

22 (iii) the Islamic Republic of Iran; 

23 (iv) the Democratic People’s Republic 

24 of Korea; 

25 (v) the Republic of Cuba; 


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1 (vi) the Maduro Regime of Venezuela; 

2 and 

3 (vii) the Syrian Arab Republic. 

4 (4) FEDERAL AGENCY.—The term ‘‘Federal 

5 agency’’ has the meaning given the term in section 

6 5122 of title 42, United States Code. 

7 (5) FIRMWARE.—The term ‘‘firmware’’ has the 

8 meaning given the term in section 120.40 of title 22, 

9 Code of Federal Regulations. 

10 (6) FOREIGN PERSON OF CONCERN.—The term 

11 ‘‘foreign person of concern’’ means— 

12 (A) any corporation, business association, 

13 partnership, trust, society, financial institution, 

14 insurer, underwriter, guarantor, and any other 

15 business organization, any other nongovern16 mental entity, organization, or group, or any 

17 government or agency thereof, that— 

18 (i) is domiciled in or subject to the 

19 laws of a country of concern; 

20 (ii) is directly or indirectly controlled 

21 by any person domiciled in or subject to 

22 the laws of a country of concern; or 

23 (iii) is directly or indirectly controlled 

24 by a government of a country of concern; 

25 and 


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1 (B) any successor to any entity described 

2 in subparagraph (A). 

3 (7) PERSON.—The term ‘‘person’’ means— 

4 (A) a natural person; or 

5 (B) a corporation, business association, 

6 partnership, society, trust, financial institution, 

7 insurer, underwriter, guarantor, and any other 

8 business organization, any other nongovern9 mental entity, organization, or group, or any 

10 government or agency thereof. 

11 (8) SEMICONDUCTOR CHIP PRODUCT.—The 

12 term ‘‘semiconductor chip product’’ has the meaning 

13 given the term in section 901 of title 17, United 

14 States Code. 

15 (9) EXECUTIVE DIRECTOR.—The term ‘‘Execu16 tive Director’’ means the Executive Director for In17 formation and Communications Technology and 

18 Services. 

19 SEC. 3. DETERMINATION OF ARTIFICIAL INTELLIGENCE 

20 AND LARGE LANGUAGE MODEL PRODUCTS 

21 OR SERVICES POSING NATIONAL SECURITY 

22 RISKS. 

23 (a) DEVELOPMENT OF LIST.— 

24 (1) IN GENERAL.—The Executive Director, in 

25 coordination with the Under Secretary of Commerce 


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1 for Standards and Technology and the Federal Ac2 quisition Security Council, shall develop a list con3 taining any artificial intelligence product or service 

4 that meets 1 or more of the following criteria: 

5 (A) Uses software or firmware produced or 

6 developed by a foreign person of concern. 

7 (B) Has a logic semiconductor chip prod8 uct that is manufactured by a foreign person of 

9 concern. 

10 (C) Is offered by a foreign person of con11 cern. 

12 (2) APPLICATION TO LOGIC SEMICONDUCTOR

13 CHIPS.—For purposes of paragraph (1)(B), the term 

14 ‘‘manufactured’’ does not include the assembly, test15 ing, or packing of logic semiconductor chips. 

16 (b) PUBLICATION OF LIST.—Not later than 1 year 

17 after the date of the enactment of this Act, Executive Di18 rector, in coordination with the Under Secretary of Com19 merce for Standards and Technology and the Federal Ac20 quisition Security Council, shall publish on a publicly 

21 available website of the Office of Information and Commu22 nication Technology Services of the Bureau of Industry 

23 and Security the list developed pursuant to subsection (a). 

24 (c) UPDATES TO LIST.— 


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1 (1) IN GENERAL.—The Executive Director, in 

2 coordination with the Under Secretary of Commerce 

3 for Standards and Technology and the Federal Ac4 quisition Security Council, shall annually update the 

5 list developed pursuant to subsection (a). 

6 (2) REMOVAL FROM LIST.—The Executive Di7 rector may remove an artificial intelligence product 

8 or service from the list developed pursuant to sub9 section (a) if— 

10 (A) the person that owns such product or 

11 service submits to the Federal Acquisition Secu12 rity Council a certification that the product or 

13 service does not meet any of the criteria de14 scribed in subsection (a), including information 

15 in support of such certification; and 

16 (B) the Federal Acquisition Security Coun17 cil— 

18 (i) reviews such certification and in19 formation; and 

20 (ii) certifies to the Executive Director 

21 that the product or service does not meet 

22 any of the criteria described in subsection 

23 (a). 

24 (3) PUBLIC NOTIFICATION.—If the list is not 

25 updated pursuant to paragraph (1) during the most 


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1 recently completed annual period, then not later 

2 than 90 days after the end of such annual period, 

3 the Federal Acquisition Security Council shall notify 

4 the public that no updates were necessary during 

5 such annual period to protect national security. 

6 SEC. 4. PROHIBITION ON PURCHASE OF COVERED ARTIFI7 CIAL INTELLIGENCE AND LARGE LANGUAGE 

8 MODEL PRODUCTS AND SERVICES. 

9 (a) PROHIBITION ON PURCHASE OF COVERED PROD10 UCTS AND SERVICES.—Beginning on the date that is 30 

11 days after the date the list developed pursuant to section 

12 4(a) is published in accordance with section 4(c), the head 

13 of a Federal department or agency may not— 

14 (1) purchase, rent, lease, or otherwise obtain 

15 any artificial intelligence or large language model 

16 product or service included on such list; or 

17 (2) award contracts, grants, or otherwise use 

18 any Federal funds to procure a product or service 

19 from persons that use any such artificial intelligence 

20 or large language model product or service. 

21 (b) DIVESTMENT FROM COVERED PRODUCTS AND

22 SERVICES.— 

23 (1) INITIAL DIVESTMENT.—Any person that is 

24 a recipient of a contract to sell a product or provide 

25 a service for a Federal agency and has acquired, 


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1 prior to the date of the enactment of this Act, artifi2 cial intelligence and large language model products 

3 or services from a foreign person of concern through 

4 purchase, rental, lease, or contract shall divest from 

5 and discontinue use of such products or services not 

6 later than 2 years after the date of the enactment 

7 of this Act. 

8 (2) ONGOING DIVESTMENT.—Not later than 1 

9 year after the date an artificial intelligence or large 

10 language model product or service is added to the 

11 list developed pursuant to section 4(a), any person 

12 that is a recipient of a contract to sell a product or 

13 provide a service for a Federal agency that uses 

14 such product or service shall divest from and dis15 continue use of such product or service. 

16 (c) EXCEPTION ON PROHIBITION ON PURCHASE FOR

17 INTELLIGENCE ACTIVITIES.—Subsection (a) shall not 

18 apply to any activity subject to the reporting requirements 

19 under title V of the National Security Act of 1947 (50 

20 U.S.C. 3091 et seq.) or any other authorized intelligence 

21 activity (as that term is described in section 1101 of the 

22 National Security Act of 1947 (50 U.S.C. 3231)). 

23 (d) EXCEPTION FOR CERTAIN DEPARTMENT OF DE24 FENSE ACTIVITIES.—Subsection (a) shall not apply to the 

25 Secretary of Defense with respect to the procurement of 


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1 any artificial intelligence or large language model product 

2 for the purpose of engaging in defense intelligence activi3 ties or researching adversarial artificial intelligence. 

Æ 


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