Text of Senate Amendment 6188

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 24, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Warner, Mark R.
Committees: Committee on Commerce, Science, and Transportation, Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs

Readable version of the official text

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

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).

(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).

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 described in subparagraph (A)—

(i) may not be retained longer than necessary to develop a

technical control and in no instance longer than—

(I) with respect to an electronic communication service

provider, 1 year; and

(II) with respect to any other entity, 30 days;

(ii) shall be reported to the CyberTipline of the National

Center for Missing and Exploited Children;

(iii) shall be handled in accordance with the guidelines

issued by the Attorney General under paragraph (2); and

(iv) may not be used for a purpose other than to develop a

technical control.

(2) Guidelines.—Not later than 90 days after the date of

enactment of this Act, the Attorney General shall issue

guidelines for compliance with paragraph (1) by developers of

artificial intelligence models that—

(A) define practices constituting good faith activity;

(B) define instances that are indicia a developer has not

acted in good faith, including—

(i) instances in which a technical control developed

pursuant to paragraph (1)(A) is not materially robust; and

(ii) instances in which a developer has refused or taken

materially ineffective measures to address circumvention

behavior described in paragraph (3); and

under section 2251 or section 1466A of title 18, United

States Code, may still apply, such as in instances of

reckless or negligent conduct.

(3) Prohibition on products and services for

circumvention.—No person may deliberately manufacture,

import, or offer to the public a technology, product,

service, device, component, or part thereof that—

(A) is primarily designed or produced and promoted for the

purpose of circumventing, removing or tampering with a

technical control;

(B) has only limited commercially significant or expressive

purpose or use other than to circumvent, remove or tamper

with a technical control and is promoted for a purpose

described in subparagraph (A); or

concert with the person with the knowledge of the person for

use in circumventing, removing or tampering with a technical

control.

(4) Private right of action.—

(A) In general.—The following persons may commence a civil

action in an appropriate district court of the United States:

(i) An individual whose image or likeness is contained in

any child pornography and who is injured by a developer

mishandling such child pornography in violation of paragraph

(1).

(ii) An individual who has been injured by a developer

failing to implement sufficiently robust technical controls

to prevent their image or likeness from being used to

generate child pornography, or been injured by any person who

has generated child pornography with the image or likeness of

that individual, in violation of paragraph (3).

(iii) A developer whose technical controls are subverted by

a person in violation of paragraph (3).

(B) Powers of the court.—In an action brought under

subparagraph (A), the court—

(i) may grant temporary and permanent injunctions on such

terms as it determines reasonable to prevent or restrain a

violation, but in no event shall impose a prior restraint on

free speech or the press protected under the First Amendment

to the Constitution of the United States;

(ii) at any time while an action is pending, may order the

impounding, on such terms as it determines reasonable, of any

device or product that is in the custody or control of the

alleged violator and that the court has reasonable cause to

believe was involved in a violation;

(iii) may award damages under subparagraph (C);

(iv) in its discretion may allow the recovery of costs by

or against any party other than the United States or an

officer thereof;

(v) in its discretion may award reasonable attorney's fees

to the prevailing party; and

(vi) may, as part of a final judgment or decree finding a

violation, order the remedial modification or the destruction

of any device or product involved in the violation that is in

the custody or control of the violator or has been impounded

under clause (ii).

(i) In general.—Except as otherwise provided in this

section, a person committing a violation of this section is

liable for either—

(I) the actual damages and any additional profits of the

violator, as provided in clause (ii), or

(II) statutory damages, as provided in clause (iii).

(ii) Actual damages.—In an action brought under this

paragraph, the court shall award to the complaining party the

actual damages suffered by the party as a result of the

violation, and any profits of the violator that are

attributable to the violation and are not taken into account

in computing the actual damages, if the complaining party

elects such damages at any time before final judgment is

entered.

(iii) Statutory damages.—At any time before final judgment

is entered in a case brought under this paragraph, a

complaining party may elect to recover an award of statutory

damages of $50,000.

(D) Repeated violations.—In any action brought under this

paragraph in which the injured party sustains the burden of

proving, and the court finds, that a person has violated this

section within 3 years after a final judgment was entered

against the person for another such violation, the court may

increase the award of damages up to triple the amount that

would otherwise be awarded, as the court considers just.

(E) Innocent violations.—In an action brought under this

paragraph, the court in its discretion may reduce or remit

the total award of damages in any case in which the violator

sustains the burden of proving, and the court finds, that the

violator was not aware and had no reason to believe that its

acts constituted a violation.

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