S. 1638 (119th)Bill Overview

Protection Against Foreign Adversarial Artificial Intelligence Act of 2025

Science, Technology, Communications|Science, Technology, Communications
Cosponsors
Support
Bipartisan
Introduced
May 7, 2025
Discussions
Bill Text
Current stageCommittee

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill bars federal contractors from using the DeepSeek application (and successor products from High Flyer or its owners) when performing federal contracts, with a Commerce Secretary waiver for national-security or research needs. It also directs the Secretary of Commerce, with Defense consultation, to deliver a detailed unclassified report (with possible classified annex) within one year on national security, privacy, export-control, propaganda, and data risks posed by AI platforms based in or affiliated with "countries of concern."

Why people may split

Progressive urges broader, technology-neutral safeguards and civil-liberty protections

Watch point

Relative to its intended legislative type, this bill combines a focused substantive prohibition on a named application with a comprehensive directive for a national-security-oriented report; the report element is relatively well-specified while the prohibitory element lacks essential implementation and enforcement detail.

The bill bars federal contractors from using the DeepSeek application (and successor products from High Flyer or its owners) when performing federal contracts, with a Commerce Secretary waiver for national-security or research needs.

It also directs the Secretary of Commerce, with Defense consultation, to deliver a detailed unclassified report (with possible classified annex) within one year on national security, privacy, export-control, propaganda, and data risks posed by AI platforms based in or affiliated with "countries of concern."

Passage40/100

Limited scope and low fiscal cost improve chances, but targeting a specific company, legal risk, and international implications reduce odds.

CredibilityPartially aligned

Relative to its intended legislative type, this bill combines a focused substantive prohibition on a named application with a comprehensive directive for a national-security-oriented report; the report element is relatively well-specified while the prohibitory element lacks essential implementation and enforcement detail.

Contention52/100

Progressive urges broader, technology-neutral safeguards and civil-liberty protections

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Federal agenciesReduces risk of foreign access to sensitive federal contract data.
  • Potential benefitEncourages procurement of domestically controlled AI, potentially supporting U.S. AI firms and jobs.
  • Federal agenciesForces agencies to consider data security risks, improving federal AI risk management.
Likely burdened
  • Potential burdenContractors using DeepSeek may incur compliance costs to replace or restrict tools.
  • Potential burdenThe ban could disrupt contract performance if suitable alternatives are unavailable.
  • Potential burdenTargeting a named company may raise legal risks or trade discrimination claims.
03 · Why people split

Why the argument around this bill splits.

Progressive urges broader, technology-neutral safeguards and civil-liberty protections
Progressive80%

Likely broadly supportive of protecting U.S. data, intellectual property, and democratic information integrity.

Concerned that the bill is narrowly focused on one vendor and may not address broader civil liberties, surveillance, or corporate accountability issues.

Would want stronger privacy, transparency, and non-discriminatory criteria covering all risky platforms.

Leans supportive
Centrist70%

Seen as a pragmatic, targeted national-security measure combined with a study to guide future steps.

Supportive if the ban is narrowly tailored and the waiver process is timely and credible.

Wants clarity on definitions (successor products, affiliation), procurement impacts, and legal risk before full endorsement.

Leans supportive
Conservative90%

Strongly favorable as a national-security and counterintelligence measure that limits federal reliance on adversary-linked AI services.

Appreciates the specific prohibition and the defensive framing against espionage, propaganda, and export-control circumvention.

May want even broader restrictions and faster implementation, while ensuring the waiver cannot be abused.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood40/100

Limited scope and low fiscal cost improve chances, but targeting a specific company, legal risk, and international implications reduce odds.

Scope and complexity
24%
Scopenarrow
24%
Complexitylow
Why this could stall
  • Legal risk from singling out a named private company
  • Industry lobbying could prompt amendments or repeal of the ban
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressive urges broader, technology-neutral safeguards and civil-liberty protections

Limited scope and low fiscal cost improve chances, but targeting a specific company, legal risk, and international implications reduce odds.

Unlocked analysis

Relative to its intended legislative type, this bill combines a focused substantive prohibition on a named application with a comprehensive directive for a national-security-oriented report; the report element is relati…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
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