Tech bills of the week: Regulating DOD uses of AI; Protecting the work of digital creators; and more

Ensuring “secure and accountable” AI use in the Pentagon

Sen. Kristen Gillibrand, D-N.Y., introduced a bill on Tuesday to regulate the Pentagon’s uses of AI, particularly when it comes to its potential deployment for domestic surveillance, nuclear weapons and autonomous weaponry purposes. 

As Defense One reported earlier this week, Gillibrand plans to offer proposals from her bill as amendments to the Senate’s version of the National Defense Authorization Act.

“Right now, the Pentagon is moving toward deploying incredibly powerful AI technology without commonsense guardrails in place, which could have catastrophic consequences that make all of us less safe,” Gillibrand told Defense One in an emailed statement. “We must act now – not to stifle technological progress, but to establish clear rules of the road that keep humans in charge and keep AI’s use in warfare smart and safe.”

Protecting creators in the digital age

A bipartisan group of House lawmakers unveiled a measure on Wednesday to protect the works of visual artists from unauthorized use, particularly when it comes to AI-generated content.

The Creative Rights Ensuring Artists’ Technique and Originality Are Reserved — or the CREATOR — Act was introduced by Reps. Beth Van Duyne, R-Texas, Yvette Clarke, D-N.Y., and Valerie Foushee, D-N.C. It aims to establish a new federal statute to protect visual artists from the unauthorized commercial use and public distribution of their work replicated or impersonated through generative AI systems. 

The bill is downstream of the Congressional Creators Caucus’s work to support artists of various mediums from having their work undermined by synthetic content.

“Since launching the Congressional Creators Caucus, I've had the privilege of hearing directly from an incredible and growing community of creators across this country,” Van Duyne said in a press release. “Artists, illustrators, and designers in every district are watching their livelihoods be undercut by AI tools deliberately impersonating them, but right now, the law has no answer for it. These are people who have spent a lifetime building their creative identity – they deserve protection.”

Private right of action against unsolicited intimate images

A bipartisan group of House and Senate lawmakers introduced legislation on Thursday to crack down on the illicit sharing of nonconsensual intimate images, including those manipulated by AI. 

The CONSENT Act — introduced in the House by Reps. Jennifer McClellan, D-Va. and Nathaniel Moran, R-Texas, and in the upper chamber by Sens. Brian Schatz, D-Hawaii, and Marsha Blackburn, R-Tenn. — would create a private right of action for recipients of these images to hold the senders accountable. 

The issue of sensitive images proliferating on the internet has been amplified by the rise of generative AI systems, and the bill addresses AI’s role in the distribution of those types of depictions. The legislation defines “intimate digital forgery” as something that is “created through the use of software, machine learning, artificial intelligence, or any other computer-generated or technological means, including by adapting, modifying, manipulating, or altering an authentic intimate visual depiction.”

If an image is sent without the explicit consent of the recipient, the recipient is able to bring civil action against the sender in an appropriate civil court. The bill also offers protections for underage recipients, with legal guardians of minor recipients able to take legal action on their behalf. 

“No one should fall victim to unwanted flashing, whether in real-life or online,” Schatz said in a statement. “By providing a federal private right of action and imposing penalties, this bill will help prevent sexual harassment and hold perpetrators accountable.”

More tech training for foreign service members

Reps. Michael Lawler, R-N.Y., and Brian Mast, R-Fla., rolled out legislation on Tuesday that aims to provide the U.S. Foreign Service — the nation’s main diplomatic corps — with enhanced tech fluency. 

The Foreign Service Modernization Act, looks to revamp aspects of the Foreign Service program, including by requiring each service member to take annual training on cybersecurity, technology use and AI governance.

Some of the training topics include cybersecurity hygiene and threat awareness; phishing and social engineering threat risks; safeguarding classified information and sensitive but unclassified information; secure handling and storage of government-issued hardware and devices; requirements for State Department-approved software and systems; cyber incident reporting requirements; and more.

Improving VA’s identity proofing and authentication systems

Lawler introduced another measure on Thursday that calls for the Department of Veterans Affairs to establish a pilot to help modernize and enhance digital identity proofing and authentication systems. 

Under the proposal, the VA secretary would select “not more than three high-volume digital service platforms” to participate in the program, which would entail enhancing veterans’ secure access to the systems, replacing legacy identity verification systems with new solutions and working to reduce fraud or improper payments by the department. 

“As more VA services move online, we must modernize outdated identity verification systems, strengthen protections against fraud and improper payments, and ensure veterans can safely and efficiently access the care and benefits they depend on,” Lawler said in a statement. “Veterans deserve a secure and reliable system for accessing the benefits they earned through their service, and I will continue advocating for legislation that improves their experience and upholds our commitment to those who have sacrificed for our country.”

New rules for decisionmaking algorithms

A bill introduced on Wednesday also looks to hold firms accountable if their AI tools contribute to violations of federal laws. 

The Sectoral AI Governance Act of 2026, introduced by Rep. Sara Jacobs, D-Calif., asks agencies to begin the process of rulemaking to target how algorithmic systems make decisions within a given agency. Agency leadership will be directed to issue a notice of proposed rulemaking to solicit public comments on whether algorithmic decisionmaking systems could potentially violate federal laws that the given agencies are tasked with enforcing. 

“AI is already helping make life-altering decisions for millions of Americans — whether they get a loan, a job, or health care coverage — but too often, it’s operating in a gray area,” Jacobs said in a statement. “My Sectoral AI Governance Act gives federal agencies clearer authority to write and enforce rules when AI is used to break existing federal laws. We can’t let the American people’s rights and protections become meaningless the moment a company outsources a decision to an algorithm and my bill is part of the solution.”

Studying AI’s impact on military effectiveness

Sen. Mark Kelly, D-Ariz., introduced legislation on Thursday that seeks to understand how AI tools are helping or otherwise impacting warfighter readiness within the Department of Defense.

S. 4683 asks the secretary of Defense “to assess the effects of artificial intelligence integration on warfighter effectiveness, skill retention, and operational readiness, and for other purposes.” It was referred to the Senate Committee on Armed Services following introduction.