To prohibit the Secretary of Defense from entering into information technology contracts with entities that provide certain services to China, and for other purposes.

Prohibits the Secretary of Defense from engaging in IT contracts with entities tied to AI research in China or linked through software or data centers. Allows waiver for national security interests. Applies to contracts within three years of enactment.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • AI system security vulnerabilities
  • Competitive dynamics

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Compromise of privacy
  • Disinformation, surveillance, and influence at scale
  • Cyberattacks, weapon development or use
  • Governance failure

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses competitive dynamics (6.4) and AI system security vulnerabilities (2.2) with good coverage. It also touches on malicious actors risks (4.1, 4.2) and governance failure (6.5) with minimal coverage. The focus is on preventing security risks and managing competitive pressures in AI development through procurement restrictions.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Professional & Technical Services
  • Scientific Research & Development Services
  • National Security

All other sectors had no coverage in this document.

Sectors Summary

This document primarily governs the Information sector (IT contracts, software, data centers) and Scientific Research and Development Services (AI research facilities). It also has significant implications for Professional and Technical Services (IT contractors) and National Security (Department of Defense procurement).

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act from the United States Congress with mandatory prohibitions on the Secretary of Defense, enforceable through federal procurement law and administrative oversight.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress; Senate and House of Representatives of the United States of America
  • Summary: The document is explicitly enacted by the Senate and House of Representatives, which are the legislative bodies of the United States Congress.

Target

  • Entity Types: AI_Developer, AI_Infrastructure_Provider, AI_Deployer
  • Entities: entities with ties to China AI research facilities; entities operating data centers in mainland China; entities providing software to covered Chinese entities
  • Summary: The prohibition targets entities that own, operate, or fund AI research facilities in China, provide software to Chinese entities, or operate data centers in China. These entities are prohibited from entering into IT contracts with the Department of Defense.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Secretary of Defense; Director of National Intelligence; Director of the Federal Bureau of Investigation
  • Summary: The Secretary of Defense is the primary enforcer who implements the prohibition on IT contracts. The Director of National Intelligence and FBI Director provide consultation on determining covered Chinese entities.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Secretary of Defense; Director of National Intelligence; Director of the Federal Bureau of Investigation
  • Summary: The Secretary of Defense monitors compliance through contract oversight, with support from intelligence agencies in determining entity status and connections to China.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Collect and Process Data
  • Build and Use Model
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Build and Use Model stage through restrictions on AI research and development facilities in China. It also covers Deploy and Operate and Monitor stages through restrictions on software deployment and data center operations.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems
  • Open Weight / Open Source

Technical Scope Summary

The document explicitly mentions artificial intelligence and AI research/development. It covers AI systems through references to software applications and data centers. It does not explicitly mention frontier AI, general purpose AI, foundation models, or specific compute thresholds.

https://www.congress.gov/bill/118th-congress/senate-bill/5436/text
https://agora.eto.tech/instrument/1894
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Document data from AGORA, CSET Emerging Technology Observatory.