[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5358 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 5358

 To amend the Financial Stability Act of 2010 to provide the Financial 
     Stability Oversight Council with duties regarding artificial 
     intelligence in the financial sector, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

Mr. Warner (for himself and Mr. Kennedy) introduced the following bill; 
which was read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend the Financial Stability Act of 2010 to provide the Financial 
     Stability Oversight Council with duties regarding artificial 
     intelligence in the financial sector, 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 ``Financial Artificial Intelligence 
Risk Reduction Act'' or the ``FAIRR Act''.

SEC. 2. SPECIAL PROVISIONS REGARDING ARTIFICIAL INTELLIGENCE IN THE 
              FINANCIAL SECTOR.

    (a) In General.--Subtitle A of the Financial Stability Act of 2010 
(12 U.S.C. 5321 et seq.) is amended by adding at the end the following:

``SEC. 126. SPECIAL PROVISIONS REGARDING ARTIFICIAL INTELLIGENCE IN THE 
              FINANCIAL SECTOR.

    ``(a) Definition.--In this section, 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).
    ``(b) Coordination, Report, and Recommendations.--The Council shall 
coordinate with member agencies with regard to potential risks to the 
stability of the financial system posed by artificial intelligence, 
including--
            ``(1) direct the Office of Financial Research, as 
        appropriate, to conduct research into the uses of artificial 
        intelligence by financial institutions and entities providing 
        services to or performing functions on behalf of financial 
        institutions;
            ``(2) identify threats to the stability of the financial 
        system posed by the use of artificial intelligence tools and 
        technologies, such as--
                    ``(A) the generation and use of false 
                representations of events or the likeness, speech, or 
                actions of persons by malign actors to manipulate 
                financial markets, institutions, or instruments, or to 
                cause disruption in financial markets;
                    ``(B) agent deployment and development, including 
                specific gaps in existing laws (including regulations) 
                regarding liability for financial institutions and 
                consumers for unauthorized transactions that could be 
                initiated or completed by agents, including the 
                fragility, if any, created by the concentration of 
                economic activity, capital formation, and decision-
                making concerning artificial intelligence 
                infrastructure providers; and
                    ``(C) any other acts or practices associated with 
                the use or assistance of artificial intelligence tools 
                or technologies that threaten the stability of the 
                financial system;
            ``(3) not later than 180 days after the date of enactment 
        of this section, in consultation with the member agencies, 
        financial institutions, securities market participants, and 
        entities providing services to or performing functions on 
        behalf of financial institutions or securities markets 
        participants, submit to the Committee on Banking, Housing, and 
        Urban Affairs of the Senate and the Committee on Financial 
        Services of the House of Representatives a report that--
                    ``(A) identifies the threats described in paragraph 
                (2);
                    ``(B) the training, development, deployment, and 
                proliferation of artificial intelligence tools and 
                technologies that are particularly suited for 
                cybersecurity tasks, including specific aptitudes for 
                identifying vulnerabilities and developing tools and 
                techniques to exploit such vulnerabilities;
                    ``(C) identifies specific gaps in the existing 
                regulations, guidance, and examination standards of the 
                member agencies that prevent effective and 
                comprehensive responses by each of the member agencies 
                to the threats described in paragraph (2); and
                    ``(D) makes specific recommendations for addressing 
                the gaps identified in subparagraph (B), including, as 
                appropriate, recommendations regarding implementation 
                of the recommendations in the Cybersecurity Information 
                Sheet published by the National Security Agency, 
                Federal Bureau of Investigation, and Cybersecurity and 
                Infrastructure Security Agency on September 12, 2023; 
                and
            ``(4) identify, as appropriate, opportunities for the use 
        of artificial intelligence technologies in financial regulation 
        and supervision, specifying that any use of artificial 
        intelligence by the agencies in regulation and supervision 
        should be transparent and disclosed to their regulated entities 
        as appropriate.
    ``(c) Congressional Review.--Not later than 30 days after the date 
on which the relevant congressional committees receive the report 
required under subsection (a), the committees shall review the report 
and submit comments and recommendations thereon.
    ``(d) Implementation of Council Recommendations.--
            ``(1) In general.--Upon review of comments and 
        recommendations under subsection (c), the Council shall 
        commence action under the procedures prescribed in section 120 
        with regard to implementation of the recommendations by each of 
        the member agencies.
    ``(e) Congressional Review Act.--The provisions of chapter 8 of 
title 5, United States Code, shall apply as appropriate to rules issued 
by the member agencies under this section.
    ``(f) Scenario-Based Exercises.--The Federal and Banking 
Information Infrastructure Committee sponsored by the President's 
Working Group on Financial Markets shall, in consultation with private-
sector entities and other relevant governmental entities--
            ``(1) initiate a series of scenario-based exercises to test 
        the effectiveness of defenses against financial market 
        disruptions associated with the use or assistance of artificial 
        intelligence technologies; and
            ``(2) make recommendations for ongoing improvements in 
        detection, prevention, and mitigation of such disruptions.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 
U.S.C. 5301) is amended by inserting after the item relating to section 
125 the following:

``126. Special provisions regarding artificial intelligence in the 
                            financial sector.''.

SEC. 3. ENHANCED AUTHORITY TO OVERSEE THIRD-PARTY PROVIDERS OF 
              ARTIFICIAL INTELLIGENCE AND OTHER SERVICES TO FINANCIAL 
              INSTITUTIONS.

    Section 206A of the Federal Credit Union Act (12 U.S.C. 1786a) is 
amended--
            (1) in subsection (a)(1), by striking ``that'' and 
        inserting ``an'';
            (2) in subsection (c)(2), in the matter preceding 
        subparagraph (A), by inserting ``, in a manner and method 
        prescribed by the Board,'' after ``Board''; and
            (3) by striking subsection (f).

SEC. 4. REGULATION OF SERVICE PROVIDERS BY THE FEDERAL HOUSING FINANCE 
              AGENCY.

    Subpart A of part 2 of subtitle A of the Federal Housing 
Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4541 
et seq.) is amended by adding at the end the following:

``SEC. 1329. REGULATION AND EXAMINATION OF CERTAIN SERVICE PROVIDERS.

    ``Whenever a regulated entity or the Office of Finance causes to be 
performed for itself, by contract or otherwise, any activity that is 
permissible for the regulated entity or the Office of Finance, whether 
on or off its premises--
            ``(1) such performance shall be subject to regulation and 
        examination by the Director to the same extent as if such 
        activity were being performed by such entity or Office itself 
        on its own premises; and
            ``(2) the regulated entity or Office of Finance shall 
        notify the Director of the existence of the service 
        relationship not later than 30 days after the earlier of--
                    ``(A) making of such service contract; or
                    ``(B) the performance of the activity by the 
                service provider.''.

SEC. 5. SEC RULEMAKING ON ARTIFICIAL INTELLIGENCE.

    Section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c) is 
amended by adding at the end the following:
    ``(i) Rulemaking Regarding Artificial Intelligence.--
            ``(1) Definitions.--In this subsection:
                    ``(A) 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).
                    ``(B) Covered person.--The term `covered person'--
                            ``(i) means a person that is required by a 
                        provision of this title, or by a rule or 
                        regulation under this title, to maintain 
                        policies, procedures, or controls; and
                            ``(ii) includes--
                                    ``(I) an issuer that has a class of 
                                securities registered pursuant to 
                                section 12;
                                    ``(II) an issuer that is required 
                                to file reports under section 15(d);
                                    ``(III) a broker;
                                    ``(IV) a dealer;
                                    ``(V) a security-based swap dealer; 
                                and
                                    ``(VI) a self-regulatory 
                                organization.
            ``(2) Requirement.--
                    ``(A) In general.--Not later than 180 days after 
                the enactment of this section the Commission shall, by 
                rule or regulation, impose specific requirements on 
                each covered person to ensure that the policies, 
                procedures, or controls described in paragraph 
                (1)(B)(i) maintained by the covered person--
                            ``(i) address the use of artificial 
                        intelligence by the covered person; and
                            ``(ii) are reasonably designed to ensure 
                        compliance with the requirements of this title.
                    ``(B) Procedures.--In carrying out subparagraph 
                (A), the Commission shall--
                            ``(i) identify and require governance 
                        measures with respect to testing, deployment, 
                        monitoring, human oversight, permissions, 
                        escalation procedures, and use limitations 
                        applicable to artificial intelligence systems; 
                        and
                            ``(ii) consider the extent to which--
                                    ``(I) artificial intelligence 
                                systems are developed, controlled, 
                                modified, or operated by a covered 
                                person as compared to third-party 
                                providers; and
                                    ``(II) control is exercised by a 
                                covered person over the actions of 
                                artificial intelligence systems.''.

SEC. 6. RULES OF CONSTRUCTION.

    (a) Definitions.--
            (1) 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).
            (2) Securities laws.--The term ``securities laws'' has the 
        meaning given the term in section 3(a) of the Securities 
        Exchange Act of 1934 (15 U.S.C. 78c(a)).
    (b) Rules.--Nothing in this Act, or any amendment made by this Act, 
may be construed to--
            (1) limit the securities laws such that artificial 
        intelligence may be used in a manner that would contravene any 
        of the securities laws; or
            (2) provide that the use of artificial intelligence excuses 
        compliance with any obligation under the securities laws.
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