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119-s-5541119th Congress

Cybersecurity and AI Board of Investigations Act of 2026

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

Creates an independent Cybersecurity and AI Board of Investigations to review cyber incidents, near‑misses, and systemic vulnerabilities with an explicit focus on risks from artificial intelligence. The Board will investigate events, run a voluntary anonymized near‑miss reporting system, and publish public, plain‑language reports and trend analyses.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

New Cybersecurity and AI Review Board

If enacted, this bill would create the Cybersecurity and AI Board of Investigations 90 days after enactment. The Board would have five Senate-confirmed members (no more than three from the same party) and a Chair and Vice Chair designated by the President. The Chair would run staffing, budgets, internal rules, and conflict-of-interest controls. The Board would be exempt from the Federal Advisory Committee Act and the Government in the Sunshine Act and would generally review only incidents whose evidence and findings are unclassified or declassified.

Voluntary near-miss reporting protections

If enacted, the bill would require the Board to run a voluntary, anonymized near-miss reporting system for critical infrastructure sectors. People and organizations could report confidentially, and the system would protect reporter identities and help find systemic security risks. Voluntary materials designated by the provider would receive statutory protections from public disclosure and generally could not be used as evidence or subject to discovery, while still allowing agencies to use information to investigate or prosecute incidents without disclosing the submission. The Board would be required to store and protect these materials to moderate-impact federal information system standards.

Board subpoena and enforcement powers

If enacted, the bill would let the Board Chair request documents and testimony and, with a simple majority of Board members, issue subpoenas when voluntary responses are inadequate. The Board would have to consider whether information was obtainable without compulsion and whether reasonable time had passed before issuing a subpoena. Subpoenas could not compel government employees about their official duties, and electronic subpoenas would require cryptographic authentication. If a person or entity fails to comply, the Chair could ask the Attorney General to seek a court order to enforce the subpoena.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

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