Safeguarding Against Fabricated Exploitation Through Artificial Intelligence Act of 2026
Sponsored By: Senator Warner, Mark R. [D-VA]
Introduced
Summary
This bill would prohibit federal procurement and use of AI that generates synthetic child sexual abuse material or non-consensual intimate images. It would also require rapid NIST benchmarks and testing, regular agency reviews to remove risky models, a vendor cure process, and private civil remedies for victims and developers.
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- Families and individuals: People whose image is used in synthetic child sexual abuse material or non-consensual intimate images could sue for actual damages or elect statutory damages of $50,000. Courts may award treble damages for repeat violations within 3 years and order injunctions or destruction of devices.
- Federal agencies and contractors: Agencies would have to remove covered applications from agency and contractor IT within 180 days of designation. The General Services Administration would review contract vehicles at least every 90 days starting one year after enactment, and agencies must review their products at least annually.
- Developers and vendors: NIST would have 90 days to set performance benchmarks and 180 days to start a voluntary vendor test program to prevent obscene and abusive synthetic content. Vendors can be given a chance to modify models at their cost but tools built to evade technical controls would be banned and invite private suits.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Right to sue over AI sexual images
If enacted, individuals harmed by AI-created sexual images could sue in federal court. Eligible plaintiffs include people whose image appears in child pornography, people injured when a developer failed to use proper technical controls, and developers whose controls were subverted. Plaintiffs may get actual damages and any profits, or they may elect $50,000 in statutory damages before final judgment. A court could also issue injunctions, impound devices, order fixes or destruction, award attorney fees, and treble damages for repeat violations within three years.
Definitions for covered AI and controls
If enacted, the bill would define key terms that decide which AI models and vendors are regulated. It would define "covered application," "artificial intelligence model," "developer," "technical control," and identify the GSA Administrator and relevant committees. These definitions would determine which models agencies must remove and which controls are required to prevent harmful images.
NIST AI safety tests and benchmarks
If enacted, NIST would have 90 days to set performance benchmarks, consistent with the AI Risk Management Framework Generative AI Profile, to stop obscene, degrading, or abusive content. NIST would also start a voluntary vendor test program within 180 days. The benchmarks must be updated periodically to address new technology and circumvention methods.
New federal rules for AI procurement
If enacted, federal agencies could not buy or use AI models that meet the bill's "covered application" definition. Agencies must remove covered models from agency systems and contractor systems within 180 days of enactment or within 180 days after a later determination. GSA would start reviewing contract products one year after enactment and at least every 90 days; agencies must review at least annually. If a vendor can fix a model, the Administrator may allow the vendor to modify it at the vendor's cost to avoid removal. If no vendor fix is possible, agencies may add technical safeguards, must certify them within 30 days, and notify Congress within 7 days. The bill would also ban tools made mainly to defeat those technical controls.
Sponsors & CoSponsors
Sponsor
Warner, Mark R. [D-VA]
VA • D
Cosponsors
Sen. Husted, Jon [R-OH]
OH • R
Sponsored 8/7/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov