[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2691 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2691

    To require disclosures for AI-generated content, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

Mr. Schatz (for himself and Mr. Kennedy) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To require disclosures for AI-generated content, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``AI Labeling Act of 2023''.

SEC. 2. DISCLOSURES FOR AI-GENERATED CONTENT.

    (a) Consumer Disclosures.--
            (1) Image, video, audio, or multimedia ai-generated 
        content.--
                    (A) In general.--Each generative artificial 
                intelligence system that, using any means or facility 
                of interstate or foreign commerce, produces image, 
                video, audio, or multimedia AI-generated content shall 
                include on such AI-generated content a clear and 
                conspicuous disclosure that meets the requirements of 
                subparagraph (B).
                    (B) Disclosure requirements.--A disclosure required 
                under subparagraph (A) shall meet each of the following 
                criteria:
                            (i) The disclosure shall include a clear 
                        and conspicuous notice, as appropriate for the 
                        medium of the content, that identifies the 
                        content as AI-generated content.
                            (ii) The output's metadata information 
                        shall include an identification of the content 
                        as being AI-generated content, the identity of 
                        the tool used to create the content, and the 
                        date and time the content was created.
                            (iii) The disclosure shall, to the extent 
                        technically feasible, be permanent or unable to 
                        be easily removed by subsequent users.
            (2) Text ai-generated content.--Each artificial 
        intelligence system that, using any means or facility of 
        interstate or foreign commerce, produces text AI-generated 
        content (including through an artificial intelligence chatbot) 
        shall include a clear and conspicuous disclosure that 
        identifies the content as AI-generated content and that is, to 
        the extent technically feasible, permanent or unable to be 
        easily removed by subsequent users.
            (3) Other obligations.--
                    (A) Developers of generative artificial 
                intelligence systems.--Any entity that develops a 
                generative artificial intelligence system shall 
                implement reasonable procedures to prevent downstream 
                use of such system without the disclosures required 
                under this section, including by--
                            (i) requiring by contract that end users 
                        and third-party licensees of the system refrain 
                        from removing any required disclosure;
                            (ii) requiring certification that end users 
                        and third-party licensees will not remove any 
                        such disclosure; and
                            (iii) terminating access to the system when 
                        the entity has reason to believe that an end 
                        user or third-party licensee has removed the 
                        required disclosure.
                    (B) Third-party licensees.--Any third-party 
                licensee of a generative artificial intelligence system 
                shall implement reasonable procedures to prevent 
                downstream use of such system without the disclosures 
                required under this section, including by--
                            (i) requiring by contract that users of the 
                        system refrain from removing any required 
                        disclosure;
                            (ii) requiring certification that end users 
                        will not remove any such disclosure; and
                            (iii) terminating access to the system when 
                        the third-party licensee has reason to believe 
                        that an end user has removed the required 
                        disclosure.
            (4) Enforcement by the commission.--
                    (A) Unfair or deceptive acts or practice.--A 
                violation of this subsection shall be treated as a 
                violation of a rule defining an unfair or deceptive act 
                or practice under section 18(a)(1)(B) of the Federal 
                Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
                    (B) Powers of the commission.--
                            (i) In general.--The Commission shall 
                        enforce this subsection in the same manner, by 
                        the same means, and with the same jurisdiction, 
                        powers, and duties as though all applicable 
                        terms and provisions of the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.) were 
                        incorporated into and made a part of this 
                        subsection.
                            (ii) Privileges and immunities.--Any person 
                        who violates this subsection or a regulation 
                        promulgated thereunder shall be subject to the 
                        penalties and entitled to the privileges and 
                        immunities provided in the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.).
                            (iii) Authority preserved.--Nothing in this 
                        Act shall be construed to limit the authority 
                        of the Commission under any other provision of 
                        law.
    (b) AI-Generated Content Consumer Transparency Working Group.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this section, the Director of the National 
        Institute of Standards and Technology (in this section referred 
        to as the ``Director''), in coordination with the heads of 
        other relevant Federal agencies, shall form a working group to 
        assist platforms in identifying AI-generated content.
            (2) Membership.--The working group shall include members 
        from the following:
                    (A) Relevant Federal agencies.
                    (B) Developers of generative artificial 
                intelligence systems.
                    (C) Private sector groups engaged in developing 
                content detection standards.
                    (D) Social media platforms.
                    (E) Academic and other relevant entities.
                    (F) Any other entity determined appropriate by the 
                Director.
            (3) Duties.--Not later than 1 year after the date on which 
        the Director establishes the working group under paragraph (1), 
        the working group shall publish a framework that includes--
                    (A) technical standards for AI-generated content 
                detection technology to assist platforms in identifying 
                image, video, audio, and multimedia AI-generated 
                content;
                    (B) guidelines and best practices for platforms to 
                implement such technical standards; and
                    (C) recommendations for detection practices for 
                non-audiovisual AI-generated content, including text.
            (4) Report to congress.--Not later than 1 year after the 
        date on which the Director establishes the working group under 
        paragraph (1), the Director shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives a report on the framework published under 
        paragraph (3), together with recommendations for legislative or 
        administrative action determined appropriate by the Director.
            (5) Exemption from application of faca.--Chapter 10 of 
        title 5, United States Code, shall not apply to the working 
        group.
    (c) Definitions.--In this section:
            (1) AI-generated content.--The term ``AI-generated 
        content'' means image, video, audio, multimedia, or text 
        content that is substantially created or modified by a 
        generative artificial intelligence system such that the use of 
        the system materially alters the meaning or significance that a 
        reasonable person would take away from the content.
            (2) Artificial intelligence chatbot.--The term ``artificial 
        intelligence chatbot'' means generative artificial intelligence 
        system with which users can interact by or through an interface 
        that approximates or simulates conversation.
            (3) Clear and conspicuous.--The term ``clear and 
        conspicuous'', with respect to a disclosure, means that the 
        disclosure meets the following criteria:
                    (A) For any content that is solely visual or solely 
                audible, the disclosure shall be made through the same 
                means through which the content is presented.
                    (B) For any content that is both visual and 
                audible, the disclosure shall be visual and audible.
                    (C) A visual disclosure, by its size, contrast, 
                location, the length of time it appears, and other 
                characteristics, shall stand out from any accompanying 
                text or other visual elements so that the disclosure is 
                easily noticed, read, and understood.
                    (D) An audible disclosure shall be delivered in a 
                volume, speed, and cadence sufficient for a reasonable 
                person to easily hear and understand the disclosure.
                    (E) The disclosure shall not be avoidable.
                    (F) The disclosure shall use diction and syntax 
                understandable to a reasonable person.
                    (G) The disclosure shall not be contradicted or 
                mitigated by, or inconsistent with, anything else in 
                the communication.
                    (H) Any other criteria determined appropriate by 
                the Commission.
            (4) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (5) Generative artificial intelligence system.--The term 
        ``generative artificial intelligence system'' means any system 
        that uses artificial intelligence (as defined in section 238(g) 
        of the John S. McCain National Defense Authorization Act for 
        Fiscal Year 2019) to generate or substantially modify image, 
        video, audio, multimedia, or text content.
            (6) Metadata.--The term ``metadata'' has the meaning given 
        such term in section 3502 of title 44, United States Code.
            (7) Platform.--The term ``platform'' has the meaning given 
        the term ``interactive computer service'' in section 230(f) of 
        the Communications Act of 1934 (47 U.S.C. 230(f)).
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