HB 1188 — An Act amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, providing for protection of State-owned electronic devices and networks from applications controlled by foreign adversaries.

PRINTER'S NO.   1338

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1188
                                                Session of
                                                  2025

     INTRODUCED BY N. NELSON, HILL-EVANS, KRUPA, GUENST, PIELLI,
        KENYATTA, SANCHEZ, CEPEDA-FREYTIZ, SCOTT, STEELE AND GREEN,
        APRIL 10, 2025

     REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
        APRIL 10, 2025


                                     AN ACT
 1   Amending Title 71 (State Government) of the Pennsylvania
 2      Consolidated Statutes, providing for protection of State-
 3      owned electronic devices and networks from applications
 4      controlled by foreign adversaries.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 71 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a part to read:
 9                                  PART XXX
10                PROTECTION OF STATE-OWNED ELECTRONIC DEVICES
11                       AND NETWORKS FROM APPLICATIONS
12                     CONTROLLED BY FOREIGN ADVERSARIES
13   Chapter
14      71.     (Reserved)
15      73.     Prohibition of Unauthorized Foreign Adversary Controlled
16             Applications
17                                 CHAPTER 71
18                                 (Reserved)
 1                                     CHAPTER 73
 2               PROHIBITION OF UNAUTHORIZED FOREIGN ADVERSARY
 3                              CONTROLLED APPLICATIONS
 4   Sec.
 5   7301.   Definitions.
 6   7302.   Prohibition.
 7   7303.   Violation.
 8   § 7301.    Definitions.
 9      The following words and phrases when used in this chapter
10   shall have the meanings given to them in this section unless the
11   context clearly indicates otherwise:
12      "Artificial intelligence" or "AI."          The use of machine
13   learning and related technologies that use data to train
14   statistical models for the purpose of enabling computer systems
15   to perform tasks normally associated with human intelligence or
16   perception, such as computer vision, speech or natural language
17   processing, translation, decision making and content generation.
18      "Artificial intelligence platform" or "AI platform."          An
19   application, an Internet website or other interface where the
20   user accesses artificial intelligence or a program that uses
21   artificial intelligence.
22      "Controlled by a foreign adversary."          Any of the following:
23             (1)   A covered company to which at least one of the
24      following applies:
25                   (i)    A foreign person that is domiciled in, is
26             headquartered in, has the person's principal place of
27             business in or is organized under the laws of a foreign
28             adversary country.
29                   (ii)    An entity of which a foreign person or
30             combination of foreign persons described under

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 1          subparagraph (i) directly or indirectly own at least 20%.
 2                (iii)    A person subject to the direction or control
 3          of a foreign person or entity described under
 4          subparagraph (i) or (ii).
 5          (2)   A foreign entity that:
 6                (i)    is subject to an active investigation by the
 7          Federal Committee on Foreign Investment in the United
 8          States in relation to a transaction;
 9                (ii)    has had a transaction blocked by the Federal
10          Committee on Foreign Investment in the United States; or
11                (iii)    has been ordered by the Federal Committee on
12          Foreign Investment in the United States to divest from an
13          asset.
14      "Covered company."     An entity that, directly or indirectly,
15   including, but not limited to, through a parent company,
16   subsidiary or affiliate, is controlled by a foreign adversary
17   country.
18      "Foreign adversary country."      A country listed under 10
19   U.S.C. § 4872(d)(2) (relating to acquisition of sensitive
20   materials from non-allied foreign nations: prohibition).
21      "Local education agency."     As defined under section 220(c) of
22   the act of March 10, 1949 (P.L.30, No.14), known as the Public
23   School Code of 1949.
24      "State-owned electronic device."      A device with the capacity
25   to install, maintain or update an unauthorized foreign adversary
26   controlled application under the express control, ownership or
27   operation of either:
28          (1)   the Commonwealth;
29          (2)   a political subdivision of the Commonwealth; or
30          (3)   a local education agency.

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 1      "State-owned wireless network."          A network with the capacity
 2   to install, maintain, access or update an unauthorized foreign
 3   adversary controlled application under the express control,
 4   ownership or operation of one of the following:
 5             (1)   the Commonwealth;
 6             (2)   a political subdivision of the Commonwealth; or
 7             (3)   a local education agency.
 8      "Unauthorized foreign adversary controlled artificial
 9   intelligence."     Artificial intelligence technology that is
10   operated, directly or indirectly, by a covered company or an
11   entity owned or controlled by a covered company.
12      "Unauthorized foreign adversary controlled artificial
13   intelligence platform."     An artificial intelligence platform
14   that is operated, directly or indirectly, by a covered company
15   or an entity owned or controlled by a covered company.
16   § 7302.    Prohibition.
17      (a)     On device.--A State-owned electronic device may not have
18   an unauthorized foreign adversary controlled artificial
19   intelligence or unauthorized foreign adversary controlled
20   artificial intelligence platform downloaded or installed on the
21   device.
22      (b)     On network.--An individual may not access or attempt to
23   access an unauthorized foreign adversary controlled artificial
24   intelligence or unauthorized foreign adversary controlled
25   artificial intelligence platform through a State-owned wireless
26   network.
27      (c)     Exception.--Subsections (a) and (b) shall not apply to
28   law enforcement activities, security interests, security
29   research or risk mitigation actions.
30   § 7303.    Violation.

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 1      The following shall apply to a violation of section 7302
 2   (relating to prohibition):
 3          (1)   An employee who violates section 7302 shall be
 4      referred to the State Ethics Commission for investigation
 5      under 65 Pa.C.S. § 1108 (relating to investigations by
 6      commission).
 7          (2)   A violation of section 7302 may be considered acting
 8      as an agent for a private interest.
 9          (3)   The State Ethics Commission shall have the authority
10      to review, investigate and impose penalties under 65 Pa.C.S.
11      Ch. 11 (relating to ethics standards and financial
12      disclosure), known as the Public Official and Employee Ethics
13      Act, for a violation of section 7302.
14      Section 2.   This act shall take effect in 60 days.




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