[Congressional Record Volume 171, Number 112 (Saturday, June 28, 2025)]
[Senate]
[Pages S4022-S4023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2602. Mrs. BLACKBURN (for herself and Mr. Cruz) submitted an
amendment intended to be proposed to amendment SA 2360 proposed by Mr.
Thune (for Mr. Graham) to the bill H.R. 1, to provide for
reconciliation pursuant to title II of H. Con. Res. 14; which was
ordered to lie on the table; as follows:
Strike section 40012 and insert the following:
SEC. 40012. SUPPORT FOR ARTIFICIAL INTELLIGENCE UNDER THE
BROADBAND EQUITY, ACCESS, AND DEPLOYMENT
PROGRAM.
(a) In General.--Section 60102 of division F of Public Law
117-58 (47 U.S.C. 1702) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraphs (B) through (N) as
subparagraphs (F) through (R), respectively;
(B) by redesignating subparagraph (A) as subparagraph (D);
(C) by inserting before subparagraph (D), as so
redesignated, the following:
``(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) Artificial intelligence model.--The term `artificial
intelligence model' means a software component of an
information system that implements artificial intelligence
technology and uses computational, statistical, or machine-
learning techniques to produce outputs from a defined set of
inputs.
``(C) Artificial intelligence system.--The term `artificial
intelligence system' means any data system, software,
hardware, application, tool, or utility that operates, in
whole or in part, using artificial intelligence.'';
(D) by inserting after subparagraph (D), as so
redesignated, the following:
``(E) Automated decision system.--The term `automated
decision system' means any computational process derived from
machine learning, statistical modeling, data analytics, or
artificial intelligence that issues a simplified output,
including a score, classification, or recommendation, to
materially influence or replace human decision making.''; and
(E) by striking subparagraph (O), as so redesignated, and
inserting the following:
``(O) Project.--The term `project' means an undertaking by
a subgrantee under this section to construct and deploy
infrastructure for the provision of--
``(i) broadband service; or
``(ii) artificial intelligence models, artificial
intelligence systems, or automated decision systems.'';
[[Page S4023]]
(2) in subsection (b), by adding at the end the following:
``(5) Appropriation for fiscal year 2025.--
``(A) In general.--In addition to any amounts otherwise
appropriated to the Program, there is appropriated to the
Assistant Secretary for fiscal year 2025, out of any funds in
the Treasury not otherwise appropriated, $500,000,000, to
remain available until September 30, 2030, to carry out the
Program.
``(B) Set-aside for artificial intelligence infrastructure
master services agreements.--Of the amount appropriated under
subparagraph (A), $25,000,000 shall be used by the Assistant
Secretary for the purpose of negotiating master services
agreements on behalf of subgrantees of an eligible entity or
political subdivision to enable access to quantity purchasing
and licensing discounts for the construction, acquisition,
and deployment of infrastructure for the provision of
artificial intelligence models, artificial intelligence
systems, or automated decision systems funded under this
section.'';
(3) in subsection (f)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following:
``(6) the construction and deployment of infrastructure for
the provision of artificial intelligence models, artificial
intelligence systems, or automated decision systems; and'';
(4) in subsection (g)(3), by striking subparagraph (B) and
inserting the following:
``(B) may, in addition to other authority under applicable
law, deobligate grant funds awarded to an eligible entity
that--
``(i) violates paragraph (2);
``(ii) demonstrates an insufficient level of performance,
or wasteful or fraudulent spending, as defined in advance by
the Assistant Secretary; or
``(iii) if obligated any funds made available under
subsection (b)(5)(A), is not in compliance with subsection
(q) or (r); and'';
(5) in subsection (j)(1)--
(A) in subparagraph (A)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following:
``(iv) certifies that the eligible entity, if obligated any
funds made available under subsection (b)(5)(A), is in
compliance with subsections (q) and (r); and'';
(B) in subparagraph (B)--
(i) in clause (iii), by striking ``and'' at the end;
(ii) by redesignating clause (iv) as clause (v); and
(iii) by inserting after clause (iii) the following:
``(iv) certifies that the eligible entity, if obligated any
funds made available under subsection (b)(5)(A), is in
compliance with subsections (q) and (r); and''; and
(C) in subparagraph (C)--
(i) by redesignating clauses (iv) and (v) as clauses (v)
and (vi), respectively; and
(ii) by inserting after clause (iii) the following:
``(iv) certifies that the eligible entity, if obligated any
funds made available under subsection (b)(5)(A), is in
compliance with subsections (q) and (r);''; and
(6) by adding at the end the following:
``(p) Receipt of Funds Conditioned on Temporary Pause and
Efficiencies.--On and after the date of enactment of this
subsection, no funds made available under subsection
(b)(5)(A) may be obligated to an eligible entity or a
political subdivision thereof that is not in compliance with
subsections (q) and (r).
``(q) Temporary Pause.--
``(1) In general.--Except as provided in paragraph (2), no
eligible entity or political subdivision thereof to which
funds made available under subsection (b)(5)(A) are obligated
on or after the date of enactment of this subsection may
enforce, during the 5-year period beginning on the date of
enactment of this subsection, any law or regulation of that
eligible entity or a political subdivision thereof limiting,
restricting, or otherwise regulating artificial intelligence
models, artificial intelligence systems, or automated
decision systems entered into interstate commerce.
``(2) Rule of construction.--Paragraph (1) may not be
construed to prohibit the enforcement of any law or
regulation--
``(A)(i) the primary purpose and effect of which is to--
``(I) remove legal impediments to, or facilitate the
deployment or operation of, an artificial intelligence model,
artificial intelligence system, or automated decision system;
or
``(II) streamline licensing, permitting, routing, zoning,
procurement, or reporting procedures related to the adoption
or deployment of artificial intelligence models, artificial
intelligence systems, or automated decision systems; or
``(ii) that does not impose any substantive design,
performance, data-handling, documentation, civil liability,
taxation, fee, or other requirement on artificial
intelligence models, artificial intelligence systems, or
automated decision systems unless that requirement is imposed
under--
``(I) Federal law; or
``(II) a generally applicable law or regulation, such as a
law or regulation pertaining to unfair or deceptive acts or
practices, child online safety, child sexual abuse material,
rights of publicity, protection of a person's name, image,
voice, or likeness and any necessary documentation for
enforcement, or a body of common law, that may address,
without undue or disproportionate burden, artificial
intelligence models, artificial intelligence systems, or
automated decision systems to reasonably effectuate the
broader underlying purposes of the law or regulation; and
``(B) that does not impose a fee or bond unless--
``(i) the fee or bond is reasonable and cost-based; and
``(ii) under the fee or bond, artificial intelligence
models, artificial intelligence systems, and automated
decision systems are treated in the same manner as other
models and systems that perform comparable functions.
``(r) Master Services Agreements.--An eligible entity, or
political subdivision thereof, to which funds made available
under subsection (b)(5)(A) are obligated on or after the date
of enactment of this subsection shall certify to the
Assistant Secretary either that--
``(1) each subgrantee of the eligible entity or political
subdivision is utilizing applicable master services
agreements negotiated using amounts made available under
subsection (b)(5)(B); or
``(2) each contract, license, purchase order, or services
agreement entered into, procured, or made by a subgrantee of
the eligible entity or political subdivision for purposes
described in subsection (b)(5)(B) is at least as cost-
effective as the terms of executable master services
agreements, as applicable, negotiated by the Assistant
Secretary using amounts made available under subsection
(b)(5)(B).''.
(b) Technical and Conforming Amendments.--Section
60102(a)(1) of division F of Public Law 117-58 (47 U.S.C.
1702(a)(1)) is amended--
(1) in subparagraph (B), by striking ``a project'' and
inserting ``a project described in subsection (a)(2)(O)(i)'';
and
(2) in subparagraph (D), by striking ``a project'' and
inserting ``a project described in subsection (a)(2)(O)(i)''.
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