[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3875 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 389
118th CONGRESS
  2d Session
                                S. 3875

 To amend the Federal Election Campaign Act of 1971 to provide further 
transparency for the use of content that is substantially generated by 
 artificial intelligence in political advertisements by requiring such 
   advertisements to include a statement within the contents of the 
advertisements if generative AI was used to generate any image, audio, 
    or video footage in the advertisements, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2024

Ms. Klobuchar (for herself and Ms. Murkowski) introduced the following 
 bill; which was read twice and referred to the Committee on Rules and 
                             Administration

                              May 15, 2024

              Reported by Ms. Klobuchar, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 To amend the Federal Election Campaign Act of 1971 to provide further 
transparency for the use of content that is substantially generated by 
 artificial intelligence in political advertisements by requiring such 
   advertisements to include a statement within the contents of the 
advertisements if generative AI was used to generate any image, audio, 
    or video footage in the advertisements, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``AI Transparency in 
Elections Act of 2024''.</DELETED>

<DELETED>SEC. 2. REQUIRING DISCLAIMERS ON ADVERTISEMENTS CONTAINING 
              CONTENT SUBSTANTIALLY GENERATED BY ARTIFICIAL 
              INTELLIGENCE.</DELETED>

<DELETED>    (a) Requirement.--Section 318 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30120) is amended by adding at the end 
the following new subsection:</DELETED>
<DELETED>    ``(e) Special Disclaimer for Covered Communications 
Containing Content Substantially Generated by Artificial 
Intelligence.--</DELETED>
        <DELETED>    ``(1) Definitions.--For purposes of this 
        subsection:</DELETED>
                <DELETED>    ``(A) Covered communication.--</DELETED>
                        <DELETED>    ``(i) In general.--The term 
                        `covered communication' means a communication 
                        through any broadcasting station, newspaper, 
                        magazine, outdoor advertising facility, 
                        mailing, telephone bank, internet or other 
                        digital medium, or any other type of general 
                        public political advertising that--</DELETED>
                                <DELETED>    ``(I) expressly advocates 
                                for or against the nomination or 
                                election of a candidate;</DELETED>
                                <DELETED>    ``(II) refers to a 
                                candidate at any time during the period 
                                beginning 120 days before the date of a 
                                primary election or nominating caucus 
                                or convention and ending on the date on 
                                which a general election occurs; 
                                or</DELETED>
                                <DELETED>    ``(III) solicits a 
                                contribution for a candidate or 
                                political committee or any other person 
                                who makes disbursements for 
                                communications described in subclause 
                                (I) or (II).</DELETED>
                        <DELETED>    ``(ii) Voice and likeness.--A 
                        communication that invokes the likeness or 
                        voice of a candidate shall be treated as a 
                        communication that refers to such 
                        candidate.</DELETED>
                <DELETED>    ``(B) Generative artificial 
                intelligence.--The term `generative artificial 
                intelligence' means artificial intelligence technology 
                that uses machine learning (including deep-learning 
                models, natural language processing, or other 
                computational processing techniques of similar or 
                greater complexity) to generate text, images, audio, 
                video, or other media.</DELETED>
                <DELETED>    ``(C) Substantially generated by 
                artificial intelligence.--</DELETED>
                        <DELETED>    ``(i) In general.--The term 
                        `substantially generated by artificial 
                        intelligence' means an image, audio, or video 
                        that was created or materially altered using 
                        generative artificial intelligence.</DELETED>
                        <DELETED>    ``(ii) Exception.--Such term does 
                        not include an image, audio, or video that--
                        </DELETED>
                                <DELETED>    ``(I) has only minor 
                                alterations by generative artificial 
                                intelligence (including cosmetic 
                                adjustments, color editing, cropping, 
                                resizing, and other immaterial uses); 
                                and</DELETED>
                                <DELETED>    ``(II) does not create a 
                                fundamentally different understanding 
                                than a reasonable person would have 
                                from an unaltered version of the 
                                media.</DELETED>
        <DELETED>    ``(2) Requirement.--If a covered communication 
        contains an image, audio, or video that was substantially 
        generated by artificial intelligence, the covered communication 
        shall include, in a clear and conspicuous manner, a statement 
        that the covered communication contains such an image, audio, 
        or video.</DELETED>
        <DELETED>    ``(3) Safe harbor for determining clear and 
        conspicuous manner.--A statement required under this subsection 
        shall be considered to be made in a clear and conspicuous 
        manner if the statement meets the following 
        requirements:</DELETED>
                <DELETED>    ``(A) Image covered communications.--In 
                the case of an image that is a covered communication, 
                the statement--</DELETED>
                        <DELETED>    ``(i) appears in letters at least 
                        as large as the majority of the text in the 
                        covered communication or otherwise meets the 
                        requirements under subsection (c)(1);</DELETED>
                        <DELETED>    ``(ii) meets the requirements of 
                        paragraphs (2) and (3) of subsection 
                        (c);</DELETED>
                        <DELETED>    ``(iii) states that the covered 
                        communication was created or materially altered 
                        by artificial intelligence; and</DELETED>
                        <DELETED>    ``(iv) is permanently affixed to 
                        the covered communication.</DELETED>
                <DELETED>    ``(B) Audio covered communications.--In 
                the case of an audio covered communication, the 
                statement--</DELETED>
                        <DELETED>    ``(i) is spoken in a clearly 
                        audible and intelligible manner at the 
                        beginning or end of the covered communication 
                        and lasts not fewer than 4 seconds; 
                        and</DELETED>
                        <DELETED>    ``(ii) includes the following 
                        audio statement in a clearly spoken manner: 
                        `___________ used artificial intelligence to 
                        generate the contents of this communication.' 
                        (with the blank filled in with the name of 
                        person who made the disbursement to pay for 
                        such covered communication).</DELETED>
                <DELETED>    ``(C) Video covered communications.--In 
                the case of a video covered communication that also 
                includes audio, the statement is made both in--
                </DELETED>
                        <DELETED>    ``(i) a written format that meets 
                        the requirements of subparagraph (A) and 
                        appears throughout the length of the video 
                        covered communication; and</DELETED>
                        <DELETED>    ``(ii) an audible format that 
                        meets the requirements of subparagraph 
                        (B).''.</DELETED>
<DELETED>    (b) Enforcement.--</DELETED>
        <DELETED>    (1) In general.--Section 309(a)(4)(C)(i) of the 
        Federal Election Campaign Act of 1971 (52 U.S.C. 
        30109(a)(4)(C))(i)) is amended--</DELETED>
                <DELETED>    (A) in the matter before subclause (I), by 
                inserting ``or a qualified disclaimer requirement'' 
                after ``a qualified disclosure requirement''; 
                and</DELETED>
                <DELETED>    (B) in subclause (II)--</DELETED>
                        <DELETED>    (i) by striking ``a civil money 
                        penalty in an amount determined, for violations 
                        of each qualified disclosure requirement'' and 
                        inserting ``a civil money penalty--</DELETED>
                                <DELETED>    ``(aa) for violations of 
                                each qualified disclosure requirement, 
                                in an amount determined'';</DELETED>
                        <DELETED>    (ii) by striking the period at the 
                        end and inserting ``; and''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following new item:</DELETED>
                                <DELETED>    ``(bb) for violations of 
                                each qualified disclaimer requirement, 
                                in an amount which is determined under 
                                a schedule of penalties which is 
                                established and published by the 
                                Commission and which takes into account 
                                the existence of previous violations by 
                                the person and how broadly the 
                                communication is distributed and such 
                                other factors as the Commission 
                                considers appropriate, provided that 
                                any such civil penalty shall not exceed 
                                $50,000 per covered 
                                communication.''.</DELETED>
        <DELETED>    (2) Failure to respond.--Section 309(a)(4)(C)(ii) 
        of such Act (52 U.S.C. 30109(a)(4)(C)(ii)) is amended by 
        striking the period at the end and inserting ``, except that in 
        the case of a violation of a qualified disclaimer requirement, 
        failure to timely respond after the Commission has notified the 
        person of an alleged violation under subsection (a)(1) shall 
        constitute the person's admission of the factual allegations of 
        the complaint.''.</DELETED>
        <DELETED>    (3) Qualified disclaimer requirement defined.--
        Section 309(a)(4)(C) of such Act (52 U.S.C. 30109(a)(4)(C)) is 
        amended by redesignating clause (v) as clause (vi) and by 
        inserting after clause (iv) the following new clause:</DELETED>
                <DELETED>    ``(v) In this subparagraph, the term 
                `qualified disclaimer requirement' means the 
                requirement of section 318(e)(2).''.</DELETED>
        <DELETED>    (4) Application.--Clause (vi) of section 
        309(a)(4)(C) of such Act (52 U.S.C. 30109(a)(4)(C)), as 
        redesignated by paragraph (3), is amended--</DELETED>
                <DELETED>    (A) by striking ``shall apply with respect 
                to violations'' and inserting ``shall apply--</DELETED>
                                <DELETED>    ``(I) with respect to 
                                violations of qualified disclosure 
                                requirements'';</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                subclause:</DELETED>
                                <DELETED>    ``(II) with respect to 
                                violations of qualified disclaimer 
                                requirements occurring on or after the 
                                date of the enactment of the AI 
                                Transparency in Elections Act of 
                                2024.''.</DELETED>
        <DELETED>    (5) Time of judicial review.--Section 309(a)(8)(A) 
        of the Federal Election Campaign Act of 1971 (52 U.S.C. 
        30109(a)(8)(A)) is amended by inserting ``(45-day period in the 
        case of any complaint alleging a violation of section 
        318(e)(2))'' after ``120-day period''.</DELETED>
<DELETED>    (c) Regulations.--Not later than 90 days after the date of 
enactment of the AI Transparency in Elections Act of 2024, the Federal 
Election Commission shall, in consultation with the Director of the 
National Institute of Standards and Technology, promulgate a regulation 
to carry out the amendments made by subsections (a) and (b), 
including--</DELETED>
        <DELETED>    (1) criteria for determining whether a covered 
        communication (as defined in section 318(e) of the Federal 
        Election Campaign Act of 1971, as added by subsection (a)) 
        contains an image, audio, or video substantially generated by 
        artificial intelligence (as defined in such section); 
        and</DELETED>
        <DELETED>    (2) requirements for the contents of the statement 
        required under section 318(e)(2) of the Federal Election 
        Campaign Act of 1971, as added by subsection (a).</DELETED>
<DELETED>    (d) Effective Date.--The amendments made by this section 
shall--</DELETED>
        <DELETED>    (1) apply with respect to any communication made 
        after the date of enactment of this Act; and</DELETED>
        <DELETED>    (2) take effect without regard to whether the 
        Federal Election Commission has promulgated regulations to 
        carry out such amendments.</DELETED>

<DELETED>SEC. 3. REPORTS.</DELETED>

<DELETED>    Not later than 2 years after the date of enactment of this 
Act, and biannually thereafter, the Federal Election Commission shall 
submit a report to the Committee on Rules and Administration of the 
Senate and the Committee on House Administration of the House of 
Representatives that includes--</DELETED>
        <DELETED>    (1) an assessment of the compliance with and the 
        enforcement of the requirements of subsection (e) of section 
        318 of the Federal Election Campaign Act of 1971, as added by 
        this Act; and</DELETED>
        <DELETED>    (2) recommendations for any modifications to that 
        subsection to assist in carrying out the purposes of that 
        subsection.</DELETED>

<DELETED>SEC. 4. SEVERABILITY.</DELETED>

<DELETED>    If any provision of this Act or any amendment made by this 
Act, or the application of any such provision or amendment to any 
person or circumstance, is held to be unconstitutional, the remainder 
of this Act, and the application of such provision or amendment to any 
other person or circumstance, shall not be affected by the 
holding.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``AI Transparency in Elections Act of 
2024''.

SEC. 2. REQUIRING DISCLAIMERS ON ADVERTISEMENTS CONTAINING CONTENT 
              SUBSTANTIALLY GENERATED BY ARTIFICIAL INTELLIGENCE.

    (a) Requirement.--Section 318 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30120) is amended by adding at the end the following 
new subsection:
    ``(e) Special Disclaimer for Covered Communications Containing 
Content Substantially Generated by Artificial Intelligence.--
            ``(1) Definitions.--For purposes of this subsection:
                    ``(A) Covered communication.--
                            ``(i) In general.--The term `covered 
                        communication' means a communication through 
                        any broadcasting station, newspaper, magazine, 
                        outdoor advertising facility, mailing, 
                        telephone bank, internet or other digital 
                        medium, or any other type of general public 
                        political advertising that--
                                    ``(I) expressly advocates for or 
                                against the nomination or election of a 
                                candidate;
                                    ``(II) refers to a candidate at any 
                                time during the period beginning 120 
                                days before the date of a primary 
                                election or nominating caucus or 
                                convention and ending on the date on 
                                which a general election occurs; or
                                    ``(III) solicits a contribution for 
                                a candidate or political committee or 
                                any other person who makes 
                                disbursements for communications 
                                described in subclause (I) or (II).
                            ``(ii) Voice and likeness.--A communication 
                        that invokes the likeness or voice of a 
                        candidate shall be treated as a communication 
                        that refers to such candidate.
                    ``(B) Generative artificial intelligence.--The term 
                `generative artificial intelligence' means artificial 
                intelligence technology that uses machine learning 
                (including deep-learning models, natural language 
                processing, or other computational processing 
                techniques of similar or greater complexity) to 
                generate text, images, audio, video, or other media.
                    ``(C) Substantially generated by artificial 
                intelligence.--
                            ``(i) In general.--The term `substantially 
                        generated by artificial intelligence' means an 
                        image, audio, or video that was created or 
                        materially altered using generative artificial 
                        intelligence.
                            ``(ii) Exception.--Such term does not 
                        include an image, audio, or video that--
                                    ``(I) has only minor alterations by 
                                generative artificial intelligence 
                                (including cosmetic adjustments, color 
                                editing, cropping, resizing, and other 
                                immaterial uses); and
                                    ``(II) does not create a 
                                fundamentally different understanding 
                                than a reasonable person would have 
                                from an unaltered version of the media.
            ``(2) Requirement.--When a person makes a disbursement for 
        the purpose of financing a covered communication containing an 
        image, audio, or video that was substantially generated by 
        artificial intelligence, the covered communication shall 
        include, in a clear and conspicuous manner, a statement that 
        the covered communication contains such an image, audio, or 
        video.
            ``(3) Safe harbor for determining clear and conspicuous 
        manner.--A statement required under this subsection shall be 
        considered to be made in a clear and conspicuous manner if the 
        statement meets the following requirements:
                    ``(A) Image covered communications.--In the case of 
                an image that is a covered communication, the 
                statement--
                            ``(i) appears in letters at least as large 
                        as the majority of the text in the covered 
                        communication or otherwise meets the 
                        requirements under subsection (c)(1);
                            ``(ii) meets the requirements of paragraphs 
                        (2) and (3) of subsection (c);
                            ``(iii) states that the covered 
                        communication was created or materially altered 
                        by artificial intelligence; and
                            ``(iv) is permanently affixed to the 
                        covered communication.
                    ``(B) Audio covered communications.--In the case of 
                an audio covered communication, the statement--
                            ``(i) is spoken in a clearly audible and 
                        intelligible manner at the beginning or end of 
                        the covered communication and lasts not fewer 
                        than 4 seconds; and
                            ``(ii) includes the following audio 
                        statement in a clearly spoken manner: 
                        `___________ used artificial intelligence to 
                        generate the contents of this communication.' 
                        (with the blank filled in with the name of 
                        person who made the disbursement to pay for 
                        such covered communication).
                    ``(C) Video covered communications.--In the case of 
                a video covered communication that also includes audio, 
                the statement is made both in--
                            ``(i) a written format that meets the 
                        requirements of subparagraph (A) and appears 
                        throughout the length of the video covered 
                        communication; and
                            ``(ii) an audible format that meets the 
                        requirements of subparagraph (B).''.
    (b) Enforcement.--
            (1) In general.--Section 309(a)(4)(C)(i) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C))(i)) is 
        amended--
                    (A) in the matter before subclause (I), by 
                inserting ``or a qualified disclaimer requirement'' 
                after ``a qualified disclosure requirement''; and
                    (B) in subclause (II)--
                            (i) by striking ``a civil money penalty in 
                        an amount determined, for violations of each 
                        qualified disclosure requirement'' and 
                        inserting ``a civil money penalty--
                                    ``(aa) for violations of each 
                                qualified disclosure requirement, in an 
                                amount determined'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new item:
                                    ``(bb) for violations of each 
                                qualified disclaimer requirement, in an 
                                amount which is determined under a 
                                schedule of penalties which is 
                                established and published by the 
                                Commission and which takes into account 
                                the existence of previous violations by 
                                the person and how broadly the 
                                communication is distributed and such 
                                other factors as the Commission 
                                considers appropriate, provided that 
                                any such civil penalty shall not exceed 
                                $50,000 per covered communication.''.
            (2) Failure to respond.--Section 309(a)(4)(C)(ii) of such 
        Act (52 U.S.C. 30109(a)(4)(C)(ii)) is amended by striking the 
        period at the end and inserting ``, except that in the case of 
        a violation of a qualified disclaimer requirement, failure to 
        timely respond after the Commission has notified the person of 
        an alleged violation under subsection (a)(1) shall constitute 
        the person's admission of the factual allegations of the 
        complaint.''.
            (3) Qualified disclaimer requirement defined.--Section 
        309(a)(4)(C) of such Act (52 U.S.C. 30109(a)(4)(C)) is amended 
        by redesignating clause (v) as clause (vi) and by inserting 
        after clause (iv) the following new clause:
                    ``(v) In this subparagraph, the term `qualified 
                disclaimer requirement' means the requirement of 
                section 318(e)(2).''.
            (4) Application.--Clause (vi) of section 309(a)(4)(C) of 
        such Act (52 U.S.C. 30109(a)(4)(C)), as redesignated by 
        paragraph (3), is amended--
                    (A) by striking ``shall apply with respect to 
                violations'' and inserting ``shall apply--
                                    ``(I) with respect to violations of 
                                qualified disclosure requirements'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(II) with respect to violations 
                                of qualified disclaimer requirements 
                                occurring on or after the date of the 
                                enactment of the AI Transparency in 
                                Elections Act of 2024.''.
            (5) Time of judicial review.--Section 309(a)(8)(A) of the 
        Federal Election Campaign Act of 1971 (52 U.S.C. 
        30109(a)(8)(A)) is amended by inserting ``(45-day period in the 
        case of any complaint alleging a violation of section 
        318(e)(2))'' after ``120-day period''.
    (c) Regulations.--Not later than 90 days after the date of 
enactment of the AI Transparency in Elections Act of 2024, the Federal 
Election Commission shall, in consultation with the Director of the 
National Institute of Standards and Technology, promulgate a regulation 
to carry out the amendments made by subsections (a) and (b), 
including--
            (1) criteria for determining whether a covered 
        communication (as defined in section 318(e) of the Federal 
        Election Campaign Act of 1971, as added by subsection (a)) 
        contains an image, audio, or video substantially generated by 
        artificial intelligence (as defined in such section); and
            (2) requirements for the contents of the statement required 
        under section 318(e)(2) of the Federal Election Campaign Act of 
        1971, as added by subsection (a).
    (d) Effective Date.--The amendments made by this section shall--
            (1) apply with respect to any communication made after the 
        date of enactment of this Act; and
            (2) take effect without regard to whether the Federal 
        Election Commission has promulgated regulations to carry out 
        such amendments.

SEC. 3. REPORTS.

    Not later than 2 years after the date of enactment of this Act, and 
biannually thereafter, the Federal Election Commission shall submit a 
report to the Committee on Rules and Administration of the Senate and 
the Committee on House Administration of the House of Representatives 
that includes--
            (1) an assessment of the compliance with and the 
        enforcement of the requirements of subsection (e) of section 
        318 of the Federal Election Campaign Act of 1971, as added by 
        this Act; and
            (2) recommendations for any modifications to that 
        subsection to assist in carrying out the purposes of that 
        subsection.

SEC. 4. SEVERABILITY.

    If any provision of this Act or any amendment made by this Act, or 
the application of any such provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
Act, and the application of such provision or amendment to any other 
person or circumstance, shall not be affected by the holding.
                                                       Calendar No. 389

118th CONGRESS

  2d Session

                                S. 3875

_______________________________________________________________________

                                 A BILL

 To amend the Federal Election Campaign Act of 1971 to provide further 
transparency for the use of content that is substantially generated by 
 artificial intelligence in political advertisements by requiring such 
   advertisements to include a statement within the contents of the 
advertisements if generative AI was used to generate any image, audio, 
    or video footage in the advertisements, and for other purposes.

_______________________________________________________________________

                              May 15, 2024

                       Reported with an amendment