US Federal Senate Bill SB1638

US Federal 2025-2026 Regular Session

• Introduced: 5/7/25
• Refer: 5/7/25

Caption

Protection Against Foreign Adversarial Artificial Intelligence Act of 2025

Summary

SB 1638, the Protection Against Foreign Adversarial Artificial Intelligence Act of 2025, would restrict federal contractors from using the DeepSeek application, or successor services developed or provided by High Flyer or its affiliates, when performing work under an active federal contract. The bill allows the Secretary of Commerce, in consultation with the Secretary of Defense, to grant a case-by-case waiver if use of the application is necessary for a national-security-related contract objective or for research purposes. The bill also directs the Secretary of Commerce, working with the Secretary of Defense, to produce a report within one year on national security threats posed by artificial intelligence platforms based in or affiliated with countries of concern. The report must examine censorship, propaganda, export-control circumvention, privacy and data-security risks, potential economic espionage, and risks to federal information and policy decisions, and it may include recommendations for administrative and legislative action. The report is to be submitted publicly in unclassified form, with a classified annex permitted.

Impact

If enacted, the bill would create a new federal contracting restriction tied specifically to DeepSeek and related services, affecting federal contractors that use those tools in connection with government work. It would also expand federal oversight by requiring a formal interagency assessment of AI systems linked to countries of concern, potentially informing future procurement rules, export-control policy, cybersecurity standards, and restrictions on foreign AI platforms. The measure would not directly amend a large body of existing statutes, but it would add a targeted prohibition and a reporting mandate involving the Departments of Commerce and Defense and several congressional committees.

Sentiment

The bill’s framing suggests a strong national-security-oriented sentiment, with the sponsors presenting it as a protective measure against foreign adversarial AI systems. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of broader support or opposition in the legislative record included here. The available context indicates the bill was introduced and referred to committee, with no further action shown.

Contention

The main points of contention are likely to be whether a targeted ban on DeepSeek is necessary or overly broad, and how to balance security concerns against legitimate research or contracting needs. The waiver provision reflects an effort to address concerns from users who may need the tool for national-security-related work or research, while critics may question whether the bill singles out one platform rather than applying a broader framework to all foreign AI systems. Another likely area of debate is the scope of the report’s focus on China and other countries of concern, including whether the bill sufficiently addresses privacy, trade-secret, and export-control risks without unduly restricting innovation or commercial use.