[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Page S4491]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2201. Ms. KLOBUCHAR (for herself and Ms. Murkowski) submitted an 
amendment intended to be proposed by her to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                DIVISION _--AI TRANSPARENCY IN ELECTIONS

     SEC. _0001. SHORT TITLE.

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

     SEC. _0002. 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: `___________