[Congressional Record Volume 170, Number 114 (Wednesday, July 10, 2024)]
[Senate]
[Pages S4491-S4493]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2202. Ms. KLOBUCHAR (for herself, Mr. Hawley, and Mr. Coons) 
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 end of subtitle H of title X of division A, add the 
     following:

     SEC. ___. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE 
                   AI-GENERATED AUDIO OR VISUAL MEDIA PRIOR TO 
                   ELECTION.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY 
                   DECEPTIVE AI-GENERATED AUDIO OR VISUAL MEDIA.

       ``(a) Definitions.--In this section:
       ``(1) Covered individual.--The term `covered individual' 
     means a candidate for Federal office.
       ``(2) Deceptive ai-generated audio or visual media.--The 
     term `deceptive AI-generated audio or visual media' means an 
     image, audio, or video that--
       ``(A) is the product of artificial intelligence technology 
     that uses machine learning (including deep learning models, 
     natural learning processing, or any other computational 
     processing techniques of similar or greater complexity), 
     that--
       ``(i) merges, combines, replaces, or superimposes content 
     onto an image, audio, or video, creating an image, audio, or 
     video that appears authentic; or
       ``(ii) generates an inauthentic image, audio, or video that 
     appears authentic; and
       ``(B) a reasonable person, having considered the qualities 
     of the image, audio, or video and the nature of the 
     distribution channel in which the image, audio, or video 
     appears--
       ``(i) would have a fundamentally different understanding or 
     impression of the appearance, speech, or expressive conduct 
     exhibited in the image, audio, or video than that person 
     would have if that person were hearing or seeing the 
     unaltered, original version of the image, audio, or video; or
       ``(ii) would believe that the image, audio, or video 
     accurately exhibits any appearance, speech, or expressive 
     conduct of a person who did not actually exhibit such 
     appearance, speech, or expressive conduct.
       ``(3) Federal election activity.--The term `Federal 
     election activity' has the meaning given the term in section 
     301(20)(A)(iii).
       ``(b) Prohibition.--Except as provided in subsection (c), a 
     person, political committee, or other entity may not 
     knowingly distribute materially deceptive AI-generated audio 
     or visual media in carrying out a Federal election activity 
     or of a covered individual for the purpose of--
       ``(1) influencing an election; or
       ``(2) soliciting funds.
       ``(c) Inapplicability to Certain Entities.--This section 
     shall not apply to the following:
       ``(1) A radio or television broadcasting station, including 
     a cable or satellite television operator, programmer, or 
     producer, or a streaming service that broadcasts materially 
     deceptive AI-generated audio or visual media prohibited by 
     this section as part of a bona fide newscast, news interview, 
     news documentary, or on-the-spot coverage of bona fide news 
     events, if the broadcast clearly acknowledges through content 
     or a disclosure, in a manner that can be easily heard or read 
     by the average listener or viewer, that there are questions 
     about the authenticity of the materially deceptive AI-
     generated audio or visual media.
       ``(2) A regularly published newspaper, magazine, or other 
     periodical of general circulation, including an internet or 
     electronic publication, that routinely carries news and 
     commentary of general interest, and that publishes materially 
     deceptive AI-generated audio or visual media prohibited under 
     this section, if the publication clearly states that the 
     materially deceptive AI-generated audio or visual media does 
     not accurately represent the speech or conduct of the covered 
     individual.
       ``(3) Materially deceptive AI-generated audio or visual 
     media that constitutes satire or parody.
       ``(d) Civil Action.--
       ``(1) Injunctive or other equitable relief.--
       ``(A) In general.--A covered individual whose voice or 
     likeness appears in, or who is the subject of, a materially 
     deceptive AI-generated audio or visual media, including 
     content distributed as part of a Federal election activity, 
     distributed in violation of this section may seek injunctive 
     or other equitable relief prohibiting the distribution of 
     materially deceptive AI-generated audio or visual media in 
     violation of this section.
       ``(B) Precedence.--An action under this paragraph shall be 
     entitled to precedence in accordance with the Federal Rules 
     of Civil Procedure.
       ``(2) Damages.--
       ``(A) In general.--A covered individual whose voice or 
     likeness appears in, or who is the subject of, a materially 
     deceptive AI-generated audio or visual media, including

[[Page S4493]]

     content distributed as part of a Federal election activity, 
     distributed in violation of this section may bring an action 
     for general or special damages against the person, committee, 
     or other entity that distributed the materially deceptive AI-
     generated audio or visual media.
       ``(B) Attorney's fees and costs.--In addition to any 
     damages awarded under subparagraph (A), the court may also 
     award a prevailing party reasonable attorney's fees and 
     costs.
       ``(C) Rule of construction.--Nothing in this paragraph 
     shall be construed to limit or preclude a plaintiff from 
     securing or recovering any other available remedy.
       ``(3) Burden of proof.--In any civil action alleging a 
     violation of this section, the plaintiff shall bear the 
     burden of establishing the violation through clear and 
     convincing evidence.''.
       (b) Severability.--If any provision of this section, or an 
     amendment made by this section, or the application of such 
     provision to any person or circumstance, is held to be 
     invalid, the remainder of this section, or an amendment made 
     by this section, or the application of such provision to 
     other persons or circumstances, shall not be affected.
                                 ______