II 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘AI Transparency in 

5 Elections Act of 2024’’. 

6 SEC. 2. REQUIRING DISCLAIMERS ON ADVERTISEMENTS 

7 CONTAINING CONTENT SUBSTANTIALLY GEN8 ERATED BY ARTIFICIAL INTELLIGENCE. 

9 (a) REQUIREMENT.—Section 318 of the Federal 

10 Election Campaign Act of 1971 (52 U.S.C. 30120) is 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(e) SPECIAL DISCLAIMER FOR COVERED COMMU14 NICATIONS CONTAINING CONTENT SUBSTANTIALLY GEN15 ERATED BY ARTIFICIAL INTELLIGENCE.— 

16 ‘‘(1) DEFINITIONS.—For purposes of this sub17 section: 

18 ‘‘(A) COVERED COMMUNICATION.— 

19 ‘‘(i) IN GENERAL.—The term ‘covered 

20 communication’ means a communication 

21 through any broadcasting station, news22 paper, magazine, outdoor advertising facil23 ity, mailing, telephone bank, internet or 

24 other digital medium, or any other type of 

25 general public political advertising that— 


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1 ‘‘(I) expressly advocates for or 

2 against the nomination or election of 

3 a candidate; 

4 ‘‘(II) refers to a candidate at any 

5 time during the period beginning 120 

6 days before the date of a primary 

7 election or nominating caucus or con8 vention and ending on the date on 

9 which a general election occurs; or 

10 ‘‘(III) solicits a contribution for a 

11 candidate or political committee or 

12 any other person who makes disburse13 ments for communications described 

14 in subclause (I) or (II). 

15 ‘‘(ii) VOICE AND LIKENESS.—A com16 munication that invokes the likeness or 

17 voice of a candidate shall be treated as a 

18 communication that refers to such can19 didate. 

20 ‘‘(B) GENERATIVE ARTIFICIAL INTEL21 LIGENCE.—The term ‘generative artificial intel22 ligence’ means artificial intelligence technology 

23 that uses machine learning (including deep24 learning models, natural language processing, 

25 or other computational processing techniques of 


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1 similar or greater complexity) to generate text, 

2 images, audio, video, or other media. 

3 ‘‘(C) SUBSTANTIALLY GENERATED BY AR4 TIFICIAL INTELLIGENCE.— 

5 ‘‘(i) IN GENERAL.—The term ‘sub6 stantially generated by artificial intel7 ligence’ means an image, audio, or video 

8 that was created or materially altered 

9 using generative artificial intelligence. 

10 ‘‘(ii) EXCEPTION.—Such term does 

11 not include an image, audio, or video 

12 that— 

13 ‘‘(I) has only minor alterations 

14 by generative artificial intelligence (in15 cluding cosmetic adjustments, color 

16 editing, cropping, resizing, and other 

17 immaterial uses); and 

18 ‘‘(II) does not create a fun19 damentally different understanding 

20 than a reasonable person would have 

21 from an unaltered version of the 

22 media. 

23 ‘‘(2) REQUIREMENT.—If a covered communica24 tion contains an image, audio, or video that was sub25 stantially generated by artificial intelligence, the covVerDate Sep 11 2014 01:16 May 16, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3875.RS S3875

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1 ered communication shall include, in a clear and 

2 conspicuous manner, a statement that the covered 

3 communication contains such an image, audio, or 

4 video. 

5 ‘‘(3) SAFE HARBOR FOR DETERMINING CLEAR

6 AND CONSPICUOUS MANNER.—A statement required 

7 under this subsection shall be considered to be made 

8 in a clear and conspicuous manner if the statement 

9 meets the following requirements: 

10 ‘‘(A) IMAGE COVERED COMMUNICA11 TIONS.—In the case of an image that is a cov12 ered communication, the statement— 

13 ‘‘(i) appears in letters at least as large 

14 as the majority of the text in the covered 

15 communication or otherwise meets the re16 quirements under subsection (c)(1); 

17 ‘‘(ii) meets the requirements of para18 graphs (2) and (3) of subsection (c); 

19 ‘‘(iii) states that the covered commu20 nication was created or materially altered 

21 by artificial intelligence; and 

22 ‘‘(iv) is permanently affixed to the 

23 covered communication. 


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1 ‘‘(B) AUDIO COVERED COMMUNICA2 TIONS.—In the case of an audio covered com3 munication, the statement— 

4 ‘‘(i) is spoken in a clearly audible and 

5 intelligible manner at the beginning or end 

6 of the covered communication and lasts not 

7 fewer than 4 seconds; and 

8 ‘‘(ii) includes the following audio 

9 statement in a clearly spoken manner: 

10 ‘lllllllllll used artificial 

11 intelligence to generate the contents of this 

12 communication.’ (with the blank filled in 

13 with the name of person who made the dis14 bursement to pay for such covered commu15 nication). 

16 ‘‘(C) VIDEO COVERED COMMUNICA17 TIONS.—In the case of a video covered commu18 nication that also includes audio, the statement 

19 is made both in— 

20 ‘‘(i) a written format that meets the 

21 requirements of subparagraph (A) and ap22 pears throughout the length of the video 

23 covered communication; and 

24 ‘‘(ii) an audible format that meets the 

25 requirements of subparagraph (B).’’. 


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1 (b) ENFORCEMENT.— 

2 (1) IN GENERAL.—Section 309(a)(4)(C)(i) of 

3 the Federal Election Campaign Act of 1971 (52 

4 U.S.C. 30109(a)(4)(C))(i)) is amended— 

5 (A) in the matter before subclause (I), by 

6 inserting ‘‘or a qualified disclaimer require7 ment’’ after ‘‘a qualified disclosure require8 ment’’; and 

9 (B) in subclause (II)— 

10 (i) by striking ‘‘a civil money penalty 

11 in an amount determined, for violations of 

12 each qualified disclosure requirement’’ and 

13 inserting ‘‘a civil money penalty— 

14 ‘‘(aa) for violations of each quali15 fied disclosure requirement, in an 

16 amount determined’’; 

17 (ii) by striking the period at the end 

18 and inserting ‘‘; and’’; and 

19 (iii) by adding at the end the fol20 lowing new item: 

21 ‘‘(bb) for violations of each quali22 fied disclaimer requirement, in an 

23 amount which is determined under a 

24 schedule of penalties which is estab25 lished and published by the CommisVerDate Sep 11 2014 01:16 May 16, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S3875.RS S3875

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1 sion and which takes into account the 

2 existence of previous violations by the 

3 person and how broadly the commu4 nication is distributed and such other 

5 factors as the Commission considers 

6 appropriate, provided that any such 

7 civil penalty shall not exceed $50,000 

8 per covered communication.’’. 

9 (2) FAILURE TO RESPOND.—Section 

10 309(a)(4)(C)(ii) of such Act (52 U.S.C. 

11 30109(a)(4)(C)(ii)) is amended by striking the pe12 riod at the end and inserting ‘‘, except that in the 

13 case of a violation of a qualified disclaimer require14 ment, failure to timely respond after the Commission 

15 has notified the person of an alleged violation under 

16 subsection (a)(1) shall constitute the person’s admis17 sion of the factual allegations of the complaint.’’. 

18 (3) QUALIFIED DISCLAIMER REQUIREMENT DE19 FINED.—Section 309(a)(4)(C) of such Act (52 

20 U.S.C. 30109(a)(4)(C)) is amended by redesignating 

21 clause (v) as clause (vi) and by inserting after clause 

22 (iv) the following new clause: 

23 ‘‘(v) In this subparagraph, the term ‘quali24 fied disclaimer requirement’ means the require25 ment of section 318(e)(2).’’. 


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1 (4) APPLICATION.—Clause (vi) of section 

2 309(a)(4)(C) of such Act (52 U.S.C. 

3 30109(a)(4)(C)), as redesignated by paragraph (3), 

4 is amended— 

5 (A) by striking ‘‘shall apply with respect to 

6 violations’’ and inserting ‘‘shall apply— 

7 ‘‘(I) with respect to violations of 

8 qualified disclosure requirements’’; 

9 (B) by striking the period at the end and 

10 inserting ‘‘; and’’; and 

11 (C) by adding at the end the following new 

12 subclause: 

13 ‘‘(II) with respect to violations of 

14 qualified disclaimer requirements oc15 curring on or after the date of the en16 actment of the AI Transparency in 

17 Elections Act of 2024.’’. 

18 (5) TIME OF JUDICIAL REVIEW.—Section 

19 309(a)(8)(A) of the Federal Election Campaign Act 

20 of 1971 (52 U.S.C. 30109(a)(8)(A)) is amended by 

21 inserting ‘‘(45-day period in the case of any com22 plaint alleging a violation of section 318(e)(2))’’ 

23 after ‘‘120-day period’’. 

24 (c) REGULATIONS.—Not later than 90 days after the 

25 date of enactment of the AI Transparency in Elections 


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1 Act of 2024, the Federal Election Commission shall, in 

2 consultation with the Director of the National Institute 

3 of Standards and Technology, promulgate a regulation to 

4 carry out the amendments made by subsections (a) and 

5 (b), including— 

6 (1) criteria for determining whether a covered 

7 communication (as defined in section 318(e) of the 

8 Federal Election Campaign Act of 1971, as added 

9 by subsection (a)) contains an image, audio, or video 

10 substantially generated by artificial intelligence (as 

11 defined in such section); and 

12 (2) requirements for the contents of the state13 ment required under section 318(e)(2) of the Fed14 eral Election Campaign Act of 1971, as added by 

15 subsection (a). 

16 (d) EFFECTIVE DATE.—The amendments made by 

17 this section shall— 

18 (1) apply with respect to any communication 

19 made after the date of enactment of this Act; and 

20 (2) take effect without regard to whether the 

21 Federal Election Commission has promulgated regu22 lations to carry out such amendments. 

23 SEC. 3. REPORTS. 

24 Not later than 2 years after the date of enactment 

25 of this Act, and biannually thereafter, the Federal ElecVerDate Sep 11 2014 01:16 May 16, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\S3875.RS S3875

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1 tion Commission shall submit a report to the Committee 

2 on Rules and Administration of the Senate and the Com3 mittee on House Administration of the House of Rep4 resentatives that includes— 

5 (1) an assessment of the compliance with and 

6 the enforcement of the requirements of subsection 

7 (e) of section 318 of the Federal Election Campaign 

8 Act of 1971, as added by this Act; and 

9 (2) recommendations for any modifications to 

10 that subsection to assist in carrying out the pur11 poses of that subsection. 

12 SEC. 4. SEVERABILITY. 

13 If any provision of this Act or any amendment made 

14 by this Act, or the application of any such provision or 

15 amendment to any person or circumstance, is held to be 

16 unconstitutional, the remainder of this Act, and the appli17 cation of such provision or amendment to any other person 

18 or circumstance, shall not be affected by the holding. 

19 SECTION 1. SHORT TITLE. 

20 This Act may be cited as the ‘‘AI Transparency in 

21 Elections Act of 2024’’. 


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1 SEC. 2. REQUIRING DISCLAIMERS ON ADVERTISEMENTS 

2 CONTAINING CONTENT SUBSTANTIALLY GEN3 ERATED BY ARTIFICIAL INTELLIGENCE. 

4 (a) REQUIREMENT.—Section 318 of the Federal Elec5 tion Campaign Act of 1971 (52 U.S.C. 30120) is amended 

6 by adding at the end the following new subsection: 

7 ‘‘(e) SPECIAL DISCLAIMER FOR COVERED COMMUNICA8 TIONS CONTAINING CONTENT SUBSTANTIALLY GENERATED

9 BY ARTIFICIAL INTELLIGENCE.— 

10 ‘‘(1) DEFINITIONS.—For purposes of this sub11 section: 

12 ‘‘(A) COVERED COMMUNICATION.— 

13 ‘‘(i) IN GENERAL.—The term ‘covered 

14 communication’ means a communication 

15 through any broadcasting station, news16 paper, magazine, outdoor advertising facil17 ity, mailing, telephone bank, internet or 

18 other digital medium, or any other type of 

19 general public political advertising that— 

20 ‘‘(I) expressly advocates for or 

21 against the nomination or election of a 

22 candidate; 

23 ‘‘(II) refers to a candidate at any 

24 time during the period beginning 120 

25 days before the date of a primary elec26 tion or nominating caucus or convenVerDate Sep 11 2014 01:16 May 16, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S3875.RS S3875

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1 tion and ending on the date on which 

2 a general election occurs; or 

3 ‘‘(III) solicits a contribution for a 

4 candidate or political committee or 

5 any other person who makes disburse6 ments for communications described in 

7 subclause (I) or (II). 

8 ‘‘(ii) VOICE AND LIKENESS.—A com9 munication that invokes the likeness or 

10 voice of a candidate shall be treated as a 

11 communication that refers to such can12 didate. 

13 ‘‘(B) GENERATIVE ARTIFICIAL INTEL14 LIGENCE.—The term ‘generative artificial intel15 ligence’ means artificial intelligence technology 

16 that uses machine learning (including deep17 learning models, natural language processing, or 

18 other computational processing techniques of 

19 similar or greater complexity) to generate text, 

20 images, audio, video, or other media. 

21 ‘‘(C) SUBSTANTIALLY GENERATED BY ARTI22 FICIAL INTELLIGENCE.— 

23 ‘‘(i) IN GENERAL.—The term ‘substan24 tially generated by artificial intelligence’ 

25 means an image, audio, or video that was 


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1 created or materially altered using genera2 tive artificial intelligence. 

3 ‘‘(ii) EXCEPTION.—Such term does not 

4 include an image, audio, or video that— 

5 ‘‘(I) has only minor alterations by 

6 generative artificial intelligence (in7 cluding cosmetic adjustments, color ed8 iting, cropping, resizing, and other im9 material uses); and 

10 ‘‘(II) does not create a fundamen11 tally different understanding than a 

12 reasonable person would have from an 

13 unaltered version of the media. 

14 ‘‘(2) REQUIREMENT.—When a person makes a 

15 disbursement for the purpose of financing a covered 

16 communication containing an image, audio, or video 

17 that was substantially generated by artificial intel18 ligence, the covered communication shall include, in 

19 a clear and conspicuous manner, a statement that the 

20 covered communication contains such an image, 

21 audio, or video. 

22 ‘‘(3) SAFE HARBOR FOR DETERMINING CLEAR

23 AND CONSPICUOUS MANNER.—A statement required 

24 under this subsection shall be considered to be made 


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1 in a clear and conspicuous manner if the statement 

2 meets the following requirements: 

3 ‘‘(A) IMAGE COVERED COMMUNICATIONS.— 

4 In the case of an image that is a covered commu5 nication, the statement— 

6 ‘‘(i) appears in letters at least as large 

7 as the majority of the text in the covered 

8 communication or otherwise meets the re9 quirements under subsection (c)(1); 

10 ‘‘(ii) meets the requirements of para11 graphs (2) and (3) of subsection (c); 

12 ‘‘(iii) states that the covered commu13 nication was created or materially altered 

14 by artificial intelligence; and 

15 ‘‘(iv) is permanently affixed to the cov16 ered communication. 

17 ‘‘(B) AUDIO COVERED COMMUNICATIONS.— 

18 In the case of an audio covered communication, 

19 the statement— 

20 ‘‘(i) is spoken in a clearly audible and 

21 intelligible manner at the beginning or end 

22 of the covered communication and lasts not 

23 fewer than 4 seconds; and 

24 ‘‘(ii) includes the following audio state25 ment in a clearly spoken manner: 


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1 ‘lllllllllll used artificial 

2 intelligence to generate the contents of this 

3 communication.’ (with the blank filled in 

4 with the name of person who made the dis5 bursement to pay for such covered commu6 nication). 

7 ‘‘(C) VIDEO COVERED COMMUNICATIONS.— 

8 In the case of a video covered communication 

9 that also includes audio, the statement is made 

10 both in— 

11 ‘‘(i) a written format that meets the re12 quirements of subparagraph (A) and ap13 pears throughout the length of the video cov14 ered communication; and 

15 ‘‘(ii) an audible format that meets the 

16 requirements of subparagraph (B).’’. 

17 (b) ENFORCEMENT.— 

18 (1) IN GENERAL.—Section 309(a)(4)(C)(i) of the 

19 Federal Election Campaign Act of 1971 (52 U.S.C. 

20 30109(a)(4)(C))(i)) is amended— 

21 (A) in the matter before subclause (I), by 

22 inserting ‘‘or a qualified disclaimer require23 ment’’ after ‘‘a qualified disclosure requirement’’; 

24 and 

25 (B) in subclause (II)— 


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1 (i) by striking ‘‘a civil money penalty 

2 in an amount determined, for violations of 

3 each qualified disclosure requirement’’ and 

4 inserting ‘‘a civil money penalty— 

5 ‘‘(aa) for violations of each quali6 fied disclosure requirement, in an 

7 amount determined’’; 

8 (ii) by striking the period at the end 

9 and inserting ‘‘; and’’; and 

10 (iii) by adding at the end the following 

11 new item: 

12 ‘‘(bb) for violations of each quali13 fied disclaimer requirement, in an 

14 amount which is determined under a 

15 schedule of penalties which is estab16 lished and published by the Commis17 sion and which takes into account the 

18 existence of previous violations by the 

19 person and how broadly the commu20 nication is distributed and such other 

21 factors as the Commission considers 

22 appropriate, provided that any such 

23 civil penalty shall not exceed $50,000 

24 per covered communication.’’. 


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1 (2) FAILURE TO RESPOND.—Section 

2 309(a)(4)(C)(ii) of such Act (52 U.S.C. 

3 30109(a)(4)(C)(ii)) is amended by striking the period 

4 at the end and inserting ‘‘, except that in the case of 

5 a violation of a qualified disclaimer requirement, fail6 ure to timely respond after the Commission has noti7 fied the person of an alleged violation under sub8 section (a)(1) shall constitute the person’s admission 

9 of the factual allegations of the complaint.’’. 

10 (3) QUALIFIED DISCLAIMER REQUIREMENT DE11 FINED.—Section 309(a)(4)(C) of such Act (52 U.S.C. 

12 30109(a)(4)(C)) is amended by redesignating clause 

13 (v) as clause (vi) and by inserting after clause (iv) 

14 the following new clause: 

15 ‘‘(v) In this subparagraph, the term ‘quali16 fied disclaimer requirement’ means the require17 ment of section 318(e)(2).’’. 

18 (4) APPLICATION.—Clause (vi) of section 

19 309(a)(4)(C) of such Act (52 U.S.C. 30109(a)(4)(C)), 

20 as redesignated by paragraph (3), is amended— 

21 (A) by striking ‘‘shall apply with respect to 

22 violations’’ and inserting ‘‘shall apply— 

23 ‘‘(I) with respect to violations of 

24 qualified disclosure requirements’’; 


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1 (B) by striking the period at the end and 

2 inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 subclause: 

5 ‘‘(II) with respect to violations of 

6 qualified disclaimer requirements oc7 curring on or after the date of the en8 actment of the AI Transparency in 

9 Elections Act of 2024.’’. 

10 (5) TIME OF JUDICIAL REVIEW.—Section 

11 309(a)(8)(A) of the Federal Election Campaign Act of 

12 1971 (52 U.S.C. 30109(a)(8)(A)) is amended by in13 serting ‘‘(45-day period in the case of any complaint 

14 alleging a violation of section 318(e)(2))’’ after ‘‘120- 

15 day period’’. 

16 (c) REGULATIONS.—Not later than 90 days after the 

17 date of enactment of the AI Transparency in Elections Act 

18 of 2024, the Federal Election Commission shall, in con19 sultation with the Director of the National Institute of 

20 Standards and Technology, promulgate a regulation to 

21 carry out the amendments made by subsections (a) and (b), 

22 including— 

23 (1) criteria for determining whether a covered 

24 communication (as defined in section 318(e) of the 

25 Federal Election Campaign Act of 1971, as added by 


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1 subsection (a)) contains an image, audio, or video 

2 substantially generated by artificial intelligence (as 

3 defined in such section); and 

4 (2) requirements for the contents of the statement 

5 required under section 318(e)(2) of the Federal Elec6 tion Campaign Act of 1971, as added by subsection 

7 (a). 

8 (d) EFFECTIVE DATE.—The amendments made by this 

9 section shall— 

10 (1) apply with respect to any communication 

11 made after the date of enactment of this Act; and 

12 (2) take effect without regard to whether the Fed13 eral Election Commission has promulgated regula14 tions to carry out such amendments. 

15 SEC. 3. REPORTS. 

16 Not later than 2 years after the date of enactment of 

17 this Act, and biannually thereafter, the Federal Election 

18 Commission shall submit a report to the Committee on 

19 Rules and Administration of the Senate and the Committee 

20 on House Administration of the House of Representatives 

21 that includes— 

22 (1) an assessment of the compliance with and the 

23 enforcement of the requirements of subsection (e) of 

24 section 318 of the Federal Election Campaign Act of 

25 1971, as added by this Act; and 


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1 (2) recommendations for any modifications to 

2 that subsection to assist in carrying out the purposes 

3 of that subsection. 

4 SEC. 4. SEVERABILITY. 

5 If any provision of this Act or any amendment made 

6 by this Act, or the application of any such provision or 

7 amendment to any person or circumstance, is held to be 

8 unconstitutional, the remainder of this Act, and the appli9 cation of such provision or amendment to any other person 

10 or circumstance, shall not be affected by the holding. 


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Calendar No. 389 

118TH CONGRESS 

2D SESSION S. 3875 

A BILL 

To amend the Federal Election Campaign Act of 

and for other purposes. audio, or video footage in the advertisements, generative AI was used to generate any image, ment within the contents of the advertisements if requiring such advertisements to include a stateficial intelligence in political advertisements by of content that is substantially generated by arti1971 to provide further transparency for the use 

MAY 15, 2024 

Reported with an amendment 


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