GUARD Act of 2026

This Act may be cited as the “Guarding the U.S. against Adversarial Robotics Dominance Act of 2026” or the “GUARD Act of 2026”.

(a) Evaluation of covered robotics communications equipment or services.—

(1) Placement on covered list.— Except as provided in paragraph (2), not later than 1 year after the date of the enactment of this Act, an appropriate national security agency shall determine if covered robotics communications equipment or services pose an unacceptable risk to the national security of the United States or the security and safety of United states persons.

(2) Exception.— Paragraph (1) does not apply with respect to any covered robotics communications equipment or service that an appropriate national security agency determines, not later than 1 year after the date of the enactment of this Act, does not pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.

(3) Addition to covered list.— If the appropriate national security agency does not make a determination as required by paragraph (1) within 1 year after the enactment of this Act, the Commission shall add all covered robotics communications equipment or services to the covered list.

(b) Effect of other determinations.—

(1) Determined to pose unacceptable risk.— Not later than 30 days after an appropriate national security agency determines that any covered robotics communications equipment or service poses an unacceptable risk to the national security of the United States or the security and safety of United States persons—

(A) the Commission shall place such covered robotics communications equipment or service on the covered list; and

(B) the appropriate national security agency shall submit to the appropriate congressional committees a report on the determination of such agency, which shall be submitted in unclassified form but may contain a classified annex.

(2) Determined not to pose unacceptable risk.— If an appropriate national security agency determines that any covered robotics communications equipment or service does not pose an unacceptable risk to the national security of the United States or the security and safety of United States persons—

(A) not later than 30 days after the determination, such agency shall submit to the appropriate congressional committees and all other appropriate national security agencies a report on the determination, which shall be submitted in unclassified form but may contain a classified annex; and

(B) not later than 180 days after the determination, all other appropriate national security agencies shall review the determination and shall submit to the appropriate congressional committees a report on the respective determinations of such agencies, which shall be submitted in unclassified form but may contain a classified annex.

(c) Definitions.— In this section:

(1) Appropriate congressional committees.— The term “appropriate congressional committees” means—

(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Select Committee on Intelligence of the Senate; and

(B) the Committee on Armed Services, the Committee on Homeland Security, the Committee on Energy and Commerce, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2) Appropriate national security agency.— The term “appropriate national security agency” has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).

(3) Commission.— The term “Commission” means the Federal Communications Commission.

(4) Communications equipment or services.— The term “communications equipment or services” has the meaning given such term in section 9 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1608).

(5) Country of concern.— The term “country of concern” has the meaning given such term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)).

(6) Covered foreign entity.— The term “covered foreign entity” means—

(A) an entity that—

(i) is headquartered in, has its principal place of business in, or is organized under the laws of a country of concern; or

(ii) is subject to the influence, direction, or control of the government of a country of concern;

(B) an affiliate or wholly or partially owned subsidiary of an entity described in subparagraph (A);

(C) an entity in a joint venture with an entity described in subparagraph (A); and

(D) an entity with which an entity described in subparagraph (A) has a technology sharing or licensing agreement.

(7) Covered list.— The term “covered list” means the list of covered communications equipment or services published by the Commission under section 2(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(a)).

(8) Covered robotics communications equipment or service.— The term “covered robotics communications equipment or service” means any humanoid or quadruped robot, or software designed to control such robot that is a communications equipment or services produced or provided by a covered foreign entity.

(9) Humanoid or Quadruped robot.— The term “humanoid or quadruped robot” means—

(A) a mechanical device that—

(i) possesses a body structure that uses 2 or 4 articulated limbs for locomotion, navigation, or movement on the ground; and

(ii) operates at a distance from a human operator or supervisor autonomously, semi-autonomously, based on commands or response to sensor data or any combination thereof; and

(B) any external device designed to control a mechanical device described in subparagraph (A).

(d) Rule of construction.— Nothing in this section shall be construed to apply to any country that is not a country of concern, including a North Atlantic Treaty Organization (NATO) ally and a Major Non-NATO Ally.