[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5061 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5061
To improve the tracking and processing of security and safety incidents
and risks associated with artificial intelligence, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2026
Mr. Warner introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve the tracking and processing of security and safety incidents
and risks associated with artificial intelligence, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Artificial Intelligence
Development Act of 2026'' or the ``Secure A.I. Development Act of
2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Adversarial-artificial intelligence.--The term
``adversarial-artificial intelligence'' means techniques or
procedures to extract information about the behavior or
characteristics of an artificial intelligence system, or to
learn how to manipulate an artificial intelligence system, in
order to subvert the confidentiality, integrity, or
availability of an artificial intelligence system or adjacent
system.
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(3) Artificial intelligence safety incident.--The term
``artificial intelligence safety incident'' means an event that
materially increases the risk that operation of an artificial
intelligence system leads to a state in which human life,
health, property, or the environment is endangered.
(4) Artificial intelligence security incident.--The term
``artificial intelligence security incident'' means an event
that materially increases--
(A) the risk that operation of an artificial
intelligence system occurs in a way that enables the
unauthorized extraction of information about the
behavior or characteristics of an artificial
intelligence system by an unauthorized party; or
(B) the ability to manipulate an artificial
intelligence system in order to subvert the
confidentiality, integrity, or availability of an
artificial intelligence system or adjacent system.
(5) Artificial intelligence security vulnerability.--The
term ``artificial intelligence security vulnerability'' means a
weakness in an artificial intelligence system that could be
exploited by a third party to subvert, without authorization,
the confidentiality, integrity, or availability of an
artificial intelligence system, including through techniques
such as--
(A) data poisoning;
(B) evasion attacks;
(C) privacy-based attacks;
(D) model theft or extraction attacks;
(E) attacks designed to circumvent or degrade the
safety, alignment, or access control mechanisms of an
artificial intelligence system; and
(F) adversarial machine learning attacks as
described in National Institute of Standards and
Technology Trustworthy and Responsible Artificial
Intelligence 100-2e2025 (relating to Adversarial
Machine Learning), or successor publication.
SEC. 3. ENABLING TESTING OF FRONTIER ARTIFICIAL INTELLIGENCE MODELS
PRIOR TO PUBLIC RELEASE.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Artificial
Intelligence Risk Board established under subsection (b)(1).
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning provided in section 1016(e) of
the USA Patriot Act of 2001 (42 U.S.C. 5195c(e)).
(3) Frontier artificial intelligence model.--The term
``frontier artificial intelligence model'' means an artificial
intelligence model, or system combining multiple artificial
intelligence models, that exhibits or could be modified to
exhibit high levels of performance at tasks that pose a serious
risk to national security, national economic security, or
public health or safety.
(4) Institute.--The term ``Institute'' means the National
Institute of Standards and Technology.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) The Artificial Intelligence Risk Board.--
(1) Establishment.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall
establish within the Institute a board to address
artificial intelligence risks.
(B) Designation.--The board established under
subparagraph (A) shall be known as the ``Artificial
Intelligence Risk Board''.
(2) Membership.--
(A) Composition.--The Board shall be composed of
members who are appointed as follows:
(i) One or more members selected by the
Director of the National Institute of
Standards.
(ii) One or more members selected by the
Secretary.
(iii) One or more members selected by the
Director of the Cybersecurity and
Infrastructure Security Agency.
(iv) One or more members selected by the
Director of the National Security Agency.
(v) One or more members selected by the
Secretary of the Treasury.
(B) Nongovernmental experts.--In addition to the
members of the Board appointed under subparagraph (A),
the Secretary shall appoint members who are not
officers or employees of the Federal Government and who
the Secretary selects from among individuals who--
(i) are leading technical experts not
affiliated with a developer or provider of
artificial intelligence systems;
(ii) are leading technical experts
affiliated with developers or providers of
artificial intelligence systems;
(iii) are individuals with expertise in
developing evaluations to test artificial
intelligence models; and
(iv) have knowledge or expertise that the
Secretary determines would further the purpose
of the duties of the Board.
(3) Terms and vacancies.--
(A) Terms.--Each member of the Board shall serve 1
term of not longer than 3 years and may be reappointed
for 1 successive term of not longer than 3 years.
(B) Vacancy replacement.--The memebrs of the Board
shall develop a vacancy replacement procedure that
includes--
(i) for vacancies occurring due to the end
of a member's term, a vote not later than 90
days before the last day of the member's term;
and
(ii) for vacancies occurring under
subparagraph (C) or for any other reason, the
chair of the Board shall nominate a replacement
from the same stakeholder category under
paragraph (2), to the extent practicable, as
the member creating the vacancy, subject to
approval by a majority vote of the members of
the Board.
(C) Removal.--Any member who fails to comply with
the conflict of interest policy adopted pursuant to
paragraph (5)(D) shall be removed from the Board.
(D) Chair.--The chair of the Board shall be
selected by a majority vote among a quorum of the
members appointed under paragraph (2) and shall serve
not more than 1 two-year term.
(4) Member access to classified information.--
(A) Access.--
(i) In general.--Not later than 60 days
after the date on which a member is first
appointed to the Board and before the member is
granted access to any classified information
necessary to participate in a closed session
pursuant to paragraph (5)(F), the Secretary
shall determine, for the purposes of the Board,
if the member should be restricted from
reviewing, discussing, or possessing classified
information.
(ii) Management.--Access to classified
information shall be managed in accordance with
Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security
information), or any subsequent corresponding
Executive order.
(iii) Clearance requirement.--The Secretary
shall sponsor each member of the Board for a
security clearance at the Top Secret level with
access to sensitive compartmented information,
as appropriate, for the purposes of
participating in carrying out the duties of the
Board.
(iv) Clearance requirement.--Each member of
the Board shall obtain a security clearance
unless denied by the appropriate authorities or
if the Secretary determines a member should be
restricted from reviewing, discussing, or
possessing classified information. In either
instance, such member shall be removed from the
Board and a new member shall be appointed
pursuant to the vacancy procedures under
paragraph (3)(B) to replace such removed
member.
(B) Protection of information.--A member of the
Board granted access to classified information shall
protect the classified information in accordance with
the applicable requirements for the particular level of
classification of the information.
(C) Rule of construction.--Nothing in this
paragraph shall be construed to affect the existing
security clearance of a member of the Board or the
authority of a Federal agency to provide or deny a
member of the Board access to any specific pieces of
classified information.
(5) Procedures.--
(A) Designated federal officer.--The Secretary
shall designate a Federal officer or employee to serve
as the designated Federal officer of the Board,
consistent with the requirements of chapter 10 of title
5, United States Code (common known as the ``Federal
Advisory Committee Act'').
(B) Initial meeting and bylaws.--Not later than 120
days after the date of the enactment of this Act, the
Board shall convene and establish bylaws that--
(i) govern quorum and voting rules,
including implementation of the decisionmaking
majority voting requirement specified in
paragraph (5)(C)(ii); and
(ii) set deliverable timelines and meeting
schedules.
(C) Operating procedures.--Unless otherwise
specified, the Board shall adopt written procedures
governing its meetings, consistent with chapter 10 of
title 5, United States Code, that include--
(i) requirements for public notice of
meetings and the maintenance of records and
minutes;
(ii) decision making by majority vote of
those present and voting;
(iii) authorization for the establishment
of subgroups as necessary, subject to the
approval of the chair of the Board; and
(iv) approval of the meeting agendas by the
chair in consultation with the designated
Federal officer under subparagraph (A) to
ensure compliance with applicable laws.
(D) Conflict-of-interest policy.--
(i) In general.--The Board shall adopt and
enforce a written conflict of interest policy
to ensure that members of the Board have a
fiduciary responsibility to the Board, a duty
to report conflicts of interest, including the
appearance of a conflict of interest, and do
not participate in deliberations or votes from
which they personally or their employer would
directly and materially benefit.
(ii) Required disclosures.--The policy
under clause (i) shall require each member to
publicly disclose all relevant financial and
employment relationships and include recusal
procedures in the event of a conflict.
(iii) Records.--The designated Federal
officer under subparagraph (A) shall maintain
records of disclosures under clause (ii) of
this subparagraph and make summaries of the
disclosures available to the Secretary.
(E) Threat information access.--The Director of
National Intelligence, in coordination with the heads
of other appropriate Federal entities, shall ensure
that the Board has access to relevant cybersecurity
threat information, including through closed or
classified briefings or the provision of classified
information, when appropriate.
(F) Closed sessions.--Notwithstanding section 1009
of title 5, United States Code, the Board may hold
closed or restricted-access sessions when the Secretary
determines that the matters to be discussed involve any
of the following:
(i) Classified information.
(ii) Sensitive cybersecurity
vulnerabilities.
(iii) Threat information.
(iv) Proprietary business information.
(v) Other information exempt from public
disclosure under section 552 of title 5, United
States Code.
(6) Duties.--
(A) In general.--The Board shall--
(i) develop a process to perform technical
evaluations to determine what capabilities or
combination of capabilities constitute high
levels of performance at tasks that pose a
serious risk to national security, national
economic security, or public health or safety;
and
(ii) develop best practices, including--
(I) standardize formats and
processes for publishing model cards
with technical details of artificial
intelligence systems;
(II) recommendations for
maintaining cybersecurity measures for
developers or providers of artificial
intelligence systems;
(III) processes and metrics for
developers or providers of artificial
intelligence systems to use to evaluate
risks from employees or other personnel
who have access to artificial
intelligence systems developed or in
development by developers or providers
of artificial intelligence systems; and
(IV) recommendations on appropriate
financial and other resourcing for
developers or providers of artificial
intelligence systems to robustly engage
in safety and security research focused
on the deployment of frontier
artificial intelligence models.
(B) Periodic reassessment of technical evaluations
and best practices.--The Board shall periodically
reassess the technical evaluations and best practices
the Board develops under this subsection.
(c) Requirement That Providers of Frontier Artificial Intelligence
Models Give Access to National Security Agency Before Public Release.--
Not later than 21 calendar days before a provider introduces into
interstate or foreign commerce a frontier artificial intelligence
model, the provider shall make available to the Artificial Inte