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 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).(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 to 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)

Prohibition; private right of action

(1)

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 (C) is marketed by the person or another party acting in concert with the person with the knowledge of the person for use in circumventing, removing, or tampering with a technical control. (2)

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.(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 (1).(iii)A developer whose technical controls are subverted by a person in violation of paragraph (1).(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).(C)

Award of damages

(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.