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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART XXX
PROTECTION OF STATE-OWNED ELECTRONIC DEVICES
AND NETWORKS FROM APPLICATIONS
CONTROLLED BY FOREIGN ADVERSARIES
Chapter
71. (Reserved)
73. Prohibition of Unauthorized Foreign Adversary Controlled
Applications
CHAPTER 71
(Reserved)
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CHAPTER 73
PROHIBITION OF UNAUTHORIZED FOREIGN ADVERSARY
CONTROLLED APPLICATIONS
Sec.
7301. Definitions.
7302. Prohibition.
7303. Violation.
§ 7301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Artificial intelligence" or "AI." The use of machine
learning and related technologies that use data to train
statistical models for the purpose of enabling computer systems
to perform tasks normally associated with human intelligence or
perception, such as computer vision, speech or natural language
processing, translation, decision making and content generation.
"Artificial intelligence platform" or "AI platform." An
application, an Internet website or other interface where the
user accesses artificial intelligence or a program that uses
artificial intelligence.
"Controlled by a foreign adversary." Any of the following:
(1) A covered company to which at least one of the
following applies:
(i) A foreign person that is domiciled in, is
headquartered in, has the person's principal place of
business in or is organized under the laws of a foreign
adversary country.
(ii) An entity of which a foreign person or
combination of foreign persons described under
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subparagraph (i) directly or indirectly own at least 20%.
(iii) A person subject to the direction or control
of a foreign person or entity described under
subparagraph (i) or (ii).
(2) A foreign entity that:
(i) is subject to an active investigation by the
Federal Committee on Foreign Investment in the United
States in relation to a transaction;
(ii) has had a transaction blocked by the Federal
Committee on Foreign Investment in the United States; or
(iii) has been ordered by the Federal Committee on
Foreign Investment in the United States to divest from an
asset.
"Covered company." An entity that, directly or indirectly,
including, but not limited to, through a parent company,
subsidiary or affiliate, is controlled by a foreign adversary
country.
"Foreign adversary country." A country listed under 10
U.S.C. § 4872(d)(2) (relating to acquisition of sensitive
materials from non-allied foreign nations: prohibition).
"Local education agency." As defined under section 220(c) of
the act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949.
"State-owned electronic device." A device with the capacity
to install, maintain or update an unauthorized foreign adversary
controlled application under the express control, ownership or
operation of either:
(1) the Commonwealth;
(2) a political subdivision of the Commonwealth; or
(3) a local education agency.
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"State-owned wireless network." A network with the capacity
to install, maintain, access or update an unauthorized foreign
adversary controlled application under the express control,
ownership or operation of one of the following:
(1) the Commonwealth;
(2) a political subdivision of the Commonwealth; or
(3) a local education agency.
"Unauthorized foreign adversary controlled artificial
intelligence." Artificial intelligence technology that is
operated, directly or indirectly, by a covered company or an
entity owned or controlled by a covered company.
"Unauthorized foreign adversary controlled artificial
intelligence platform." An artificial intelligence platform
that is operated, directly or indirectly, by a covered company
or an entity owned or controlled by a covered company.
§ 7302. Prohibition.
(a) On device.--A State-owned electronic device may not have
an unauthorized foreign adversary controlled artificial
intelligence or unauthorized foreign adversary controlled
artificial intelligence platform downloaded or installed on the
device.
(b) On network.--An individual may not access or attempt to
access an unauthorized foreign adversary controlled artificial
intelligence or unauthorized foreign adversary controlled
artificial intelligence platform through a State-owned wireless
network.
(c) Exception.--Subsections (a) and (b) shall not apply to
law enforcement activities, security interests, security
research or risk mitigation actions.
§ 7303. Violation.
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The following shall apply to a violation of section 7302
(relating to prohibition):
(1) An employee who violates section 7302 shall be
referred to the State Ethics Commission for investigation
under 65 Pa.C.S. § 1108 (relating to investigations by
commission).
(2) A violation of section 7302 may be considered acting
as an agent for a private interest.
(3) The State Ethics Commission shall have the authority
to review, investigate and impose penalties under 65 Pa.C.S.
Ch. 11 (relating to ethics standards and financial
disclosure), known as the Public Official and Employee Ethics
Act, for a violation of section 7302.
Section 2. This act shall take effect in 60 days.
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