NDAA Navigator — FY2027 H.R. 8800

SECTION TEXT · SEC. 163.

(a) Prohibition

(1) In general

The Secretary of Defense may not procure, lease, or otherwise obtain a covered humanoid robotic system that—

(A)

is produced or developed by a foreign adversary or foreign adversary entity;

(B)

incorporates firmware, software, artificial intelligence models, remote update capability, or cloud services provided by a foreign adversary or foreign adversary entity; or

(C)

is subject to remote access, maintenance, data transmission, or update authority controlled by a foreign adversary or foreign adversary entity.

(2) Applicability

The prohibition under paragraph (1) shall apply with respect to contracts and other agreements entered into after the date of the enactment of this Act.

(b) Limited waiver for controlled testing and counterintelligence purposes

The Secretary of Defense may waive the prohibition under subsection (a)(1) with respect to a covered humanoid robotic system if—

(1)

the system is to be used solely for counterintelligence, cybersecurity testing, vulnerability assessment, or research purposes;

(2)

the system operates in a physically isolated or air-gapped environment;

(3)

the system is not connected to operational Department of Defense networks; and

(4)

the Secretary notifies the congressional defense committees not later than 30 days after issuing such waiver.

(c) Implementation

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue any rules, regulations, policies, and guidance necessary for the implementation of this section.

(d) Rule of construction

Nothing in this section shall be construed to prohibit the procurement or use of a covered humanoid robotic system solely on the basis that such system incorporates commercially available, off-the-shelf components not specifically designed for humanoid robotic systems, provided that such components do not enable remote access, data transmission, or control by a foreign adversary or foreign adversary entity.

(e) Definitions

In this section:

(1)

(A)

The term covered humanoid robotic system means a commercially available robotic system that—

(i)

is designed for general-purpose interaction within human-occupied environments;

(ii)

possesses articulated upper extremities capable of dexterous manipulation;

(iii)

is capable of autonomous or semi-autonomous operation using artificial intelligence or machine learning systems; and

(iv)

is equipped with wired or wireless networking connectivity, including internet, cellular, satellite, Bluetooth, Wi-Fi, radio-frequency communication, or cloud-based data storage or processing services.

(B)

Such term does not include—

(i)

industrial robotic systems permanently installed in controlled manufacturing environments;

(ii)

robotic systems incapable of network connectivity; or

(iii)

assistive medical devices regulated under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ).

(2)

The term foreign adversary means a covered nation as defined in section 4872(f)(2) of title 10, United States Code.

(3)

The term foreign adversary entity means an entity that—

(A)

is organized under the laws of, headquartered in, or subject to the jurisdiction of a foreign adversary;

(B)

is owned or controlled by the government of a foreign adversary; or

(C)

is owned or controlled by an entity that meets any of the criteria described in subparagraph (A) or (B).