Floor SpeechNeutral2026-06-24

Text of Senate Amendment 6188

TaxesEnvironmentDefenseTechnology

Context

On 2026-06-24, Senator Mark R. Warner (D-VA) delivered a floor speech titled "Text Of Senate Amendment 6188" in the Senate.

Full Text

Text of Senate Amendment 6188

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3371-S3373] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6188. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. PROHIBITION ON THE USE OF CERTAIN ARTIFICIAL INTELLIGENCE MODELS ACROSS THE FEDERAL GOVERNMENT. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives. (3) Artificial intelligence model.--The term ``artificial intelligence model'' means a capability or combined series of capabilities that can generate realistic image or video outputs for a given set of objectives, prompts, or input. (4) Artificial intelligence risk management framework.--The term ``Artificial Intelligence Risk Management Framework'' means the Artificial Intelligence Risk Management Framework, or any successor document, and any associated guidance or publications issued under section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h-1). (5) Child pornography.--The term ``child pornography'' has the meaning given the term in section 2256 of title 18, United States Code. (6) Child sexual abuse material.--The term ``child sexual abuse material''-- (A) means child pornography; and (B) an intimate visual depiction of an individual who is less than 18 years of age. (7) Covered application.--The term ``covered application'' means an artificial intelligence model that the Administrator of General Services or the head of a Federal agency determines-- (A) is not in compliance with-- (i) the standards document of the National Institute of Standards and Technology National Institute of Standards and Technology numbered ``NIST AI 600-1'' and entitled ``Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile'' with respect to non-consensual intimate imagery or child sexual abuse material within ``obscene, degrading, and/or abusive content''; or (ii) a comparably robust successor standard or framework with respect to synthetic child sexual abuse material or non- consensual intimate images of adults; (B) is subject to a determination by a Federal court that the artificial intelligence model has generated content depicting child pornography; or (C) is subject to a determination by a Federal court that the artificial intelligence model has generated non- consensual intimate visual depictions of an identifiable adult. (8) Developer.--The term ``developer'' means a person that develops an artificial intelligence model, including any person that materially modifies and subsequently distributes an artificial intelligence model. (9) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 3502 of title 44, United States Code. (10) Intimate visual depiction.--The term ``intimate visual depiction'' has the meaning given the term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022 (15 U.S.C. 6851). [[Page S3372]] (11) Technical control.--The term ``technical control'' means a technical control, or series of technical controls, to prevent the ability of any publicly released version of an artificial intelligence model to generate child pornography. (b) Establishment of Performance Benchmarks.-- (1) Performance benchmark.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall initiate a process to establish performance benchmarks, consistent with the Artificial Intelligence Risk Management Framework Generative Artificial Intelligence Profile, to prevent the generation of obscene, degrading, and abusive content, including synthetic child sexual abuse material and non-consensual intimate images of adults. (B) Updates.--The Director of the National Institute of Standards and Technology shall update, on a periodic basis, the performance benchmarks established under subparagraph (A) to address changes in technology and circumvention practices. (2) Testing program.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall establish a voluntary vendor test program consistent with the performance benchmarks established under subparagraph (A). (c) Prohibition on Federal Acquisition or Use of Covered Applications.-- (1) In general.--The head of a Federal agency may not procure a covered application or use such application on an information technology system operated by such Federal agency or by a contractor of such Federal agency. (2) Implementation.-- (A) Initial removal.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall-- (i) remove any covered application from each information technology system operated by the Federal agency; and (ii) ensure that each contractor of the Federal agency removes any covered application from each information technology system operated by the contractor. (B) Subsequent removals.--Not later than 180 days after the date on which the Administrator or the head of a Federal agency determines that an artificial intelligence model constitutes a covered application, including as a result of a review performed under paragraph (3), the head of each Federal agency shall carry out the requirements of clauses (i) and (ii) of subparagraph (A) with respect the covered application. (3) Continuous evaluation of available products and services.-- (A) General services administration.--Effective on the date that is 1 year after the date of enactment of this Act, and not less frequently than every 90 days thereafter, the Administrator shall review each product or service offered within a contract vehicle or purchasing program maintained by the General Services Administration to determine whether the product or service includes a covered application. (B) Agency procurement review.--Effective on the date that is 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Chief Acquisition Officer or a senior procurement executive of each Federal agency shall review each product or service used by the Federal agency to determine whether the product or service constitutes a covered application. (d) Safeguards.-- (1) In general.--If an artificial intelligence model that is determined to constitute a covered application lacks a vendor capable of making necessary technical modifications to the artificial intelligence model in order to remove the status of the artificial intelligence model as a covered application, including for the purpose of subsection (e), the head of each Federal agency may implement additional technical and compliance safeguards, including those described in Reducing Risks Posed by Synthetic Content (NIST AI 100-4) or any successor publication, with respect to the artificial intelligence model that effectively prevent the use of the an artificial intelligence model for the generation of child pornography or non-consensual intimate visual depictions of an identifiable adult. (2) Certification required.--With respect to the head of a Federal agency who implements safeguards described in paragraph (1) on a covered application, not later than 30 days after the date of such implementation, the head of the Federal agency shall issue a public certification that those safeguards are sufficient to prevent the misuse of the covered application for the generation of child pornography or non-consensual intimate visual depictions of an identifiable adult. (3) Congressional notification.--Not later than 7 days after the date on which the head of a Federal agency issues a certification under paragraph (2), the head of the Federal agency shall submit to the appropriate congressional committees a notification of the certification that identifies the safeguards described in paragraph (1). (e) Cure.--If the Administrator or the head of a Federal agency determines that an artificial intelligence model constitutes a covered application, the Administrator or the head of the Federal agency may offer the vendor of the artificial intelligence model an opportunity to modify the artificial intelligence model in order to remove the status of the artificial intelligence model as a covered application at the cost of the vendor to avoid the removal required under subsection (c)(2). (f) Limited Safe Harbor.-- (1) Limited developer safe harbor.-- (A) In general.--Subject to paragraph (2), the developer of an artificial intelligence model that possesses or produces child pornography solely for the purpose of developing a good faith technical control shall be deemed to not be in violation of section 2251 or section 1466A of title 18, United States Code. (B) Limitations.--Any child pornography material possessed or generated by the developer of an artificial intelligence model, as descr

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Text of Senate Amendment 6188 Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3371-S3373] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6188. Mr. WARNER submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. PROHIBITION ON THE USE OF CERTAIN ARTIFICIAL INTELLIGENCE MODELS ACROSS THE FEDERAL GOVERNMENT. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Commerce, Science, and Transportation of the Senate, the Committee on the Judiciary of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on the Judiciary of the House of Representatives. (3) Artificial intelligence model.--The term ``artificial intelligence model'' means a capability or combined series of capabilities that can generate realistic image or video outputs for a given set of objectives, prompts, or input. (4) Artificial intelligence risk management framework.--The term ``Artificial Intelligence Risk Management Framework'' means the Artificial Intelligence Risk Management Framework, or any successor document, and any associated guidance or publications issued under section 22A of the National Institute of Standards and Technology Act (15 U.S.C. 278h-1). (5) Child pornography.--The term ``child pornography'' has the meaning given the term in section 2256 of title 18, United States Code. (6) Child sexual abuse material.--The term ``child sexual abuse material''-- (A) means child pornography; and (B) an intimate visual depiction of an individual who is less than 18 years of age. (7) Covered application.--The term ``covered application'' means an artificial intelligence model that the Administrator of General Services or the head of a Federal agency determines-- (A) is not in compliance with-- (i) the standards document of the National Institute of Standards and Technology National Institute of Standards and Technology numbered ``NIST AI 600-1'' and entitled ``Artificial Intelligence Risk Management Framework: Generative Artificial Intelligence Profile'' with respect to non-consensual intimate imagery or child sexual abuse material within ``obscene, degrading, and/or abusive content''; or (ii) a comparably robust successor standard or framework with respect to synthetic child sexual abuse material or non- consensual intimate images of adults; (B) is subject to a determination by a Federal court that the artificial intelligence model has generated content depicting child pornography; or (C) is subject to a determination by a Federal court that the artificial intelligence model has generated non- consensual intimate visual depictions of an identifiable adult. (8) Developer.--The term ``developer'' means a person that develops an artificial intelligence model, including any person that materially modifies and subsequently distributes an artificial intelligence model. (9) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 3502 of title 44, United States Code. (10) Intimate visual depiction.--The term ``intimate visual depiction'' has the meaning given the term in section 1309 of the Violence Against Women Act Reauthorization Act of 2022 (15 U.S.C. 6851). [[Page S3372]] (11) Technical control.--The term ``technical control'' means a technical control, or series of technical controls, to prevent the ability of any publicly released version of an artificial intelligence model to generate child pornography. (b) Establishment of Performance Benchmarks.-- (1) Performance benchmark.-- (A) In general.--Not later than 90 days after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall initiate a process to establish performance benchmarks, consistent with the Artificial Intelligence Risk Management Framework Generative Artificial Intelligence Profile, to prevent the generation of obscene, degrading, and abusive content, including synthetic child sexual abuse material and non-consensual intimate images of adults. (B) Updates.--The Director of the National Institute of Standards and Technology shall update, on a periodic basis, the performance benchmarks established under subparagraph (A) to address changes in technology and circumvention practices. (2) Testing program.--Not later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall establish a voluntary vendor test program consistent with the performance benchmarks established under subparagraph (A). (c) Prohibition on Federal Acquisition or Use of Covered Applications.-- (1) In general.--The head of a Federal agency may not procure a covered application or use such application on an information technology system operated by such Federal agency or by a contractor of such Federal agency. (2) Implementation.-- (A) Initial removal.--Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall-- (i) remove any covered application from each information technology system operated by the Federal agency; and (ii) ensure that each contractor of the Federal agency removes any covered application from each information technology system operated by the contractor. (B) Subsequent removals.--Not later than 180 days after the date on which the Administrator or the head of a Federal agency determines that an artificial intelligence model constitutes a covered application, including as a result of a review performed under paragraph (3), the head of each Federal agency shall carry out the requirements of clauses (i) and (ii) of subparagraph (A) with respect the covered application. (3) Continuous evaluation of available products and services.-- (A) General services administration.--Effective on the date that is 1 year after the date of enactment of this Act, and not less frequently than every 90 days thereafter, the Administrator shall review each product or service offered within a contract vehicle or purchasing program maintained by the General Services Administration to determine whether the product or service includes a covered application. (B) Agency procurement review.--Effective on the date that is 1 year after the date of enactment of this Act, and not less frequently than annually thereafter, the Chief Acquisition Officer or a senior procurement executive of each Federal agency shall review each product or service used by the Federal agency to determine whether the product or service constitutes a covered application. (d) Safeguards.-- (1) In general.--If an artificial intelligence model that is determined to constitute a covered application lacks a vendor capable of making necessary technical modifications to the artificial intelligence model in order to remove the status of the artificial intelligence model as a covered application, including for the purpose of subsection (e), the head of each Federal agency may implement additional technical and compliance safeguards, including those described in Reducing Risks Posed by Synthetic Content (NIST AI 100-4) or any successor publication, with respect to the artificial intelligence model that effectively prevent the use of the an artificial intelligence model for the generation of child pornography or non-consensual intimate visual depictions of an identifiable adult. (2) Certification required.--With respect to the head of a Federal agency who implements safeguards described in paragraph (1) on a covered application, not later than 30 days after the date of such implementation, the head of the Federal agency shall issue a public certification that those safeguards are sufficient to prevent the misuse of the covered application for the generation of child pornography or non-consensual intimate visual depictions of an identifiable adult. (3) Congressional notification.--Not later than 7 days after the date on which the head of a Federal agency issues a certification under paragraph (2), the head of the Federal agency shall submit to the appropriate congressional committees a notification of the certification that identifies the safeguards described in paragraph (1). (e) Cure.--If the Administrator or the head of a Federal agency determines that an artificial intelligence model constitutes a covered application, the Administrator or the head of the Federal agency may offer the vendor of the artificial intelligence model an opportunity to modify the artificial intelligence model in order to remove the status of the artificial intelligence model as a covered application at the cost of the vendor to avoid the removal required under subsection (c)(2). (f) Limited Safe Harbor.-- (1) Limited developer safe harbor.-- (A) In general.--Subject to paragraph (2), the developer of an artificial intelligence model that possesses or produces child pornography solely for the purpose of developing a good faith technical control shall be deemed to not be in violation of section 2251 or section 1466A of title 18, United States Code. (B) Limitations.--Any child pornography material possessed or generated by the developer of an artificial intelligence model, as descr