II 

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. 

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 Labeling Act of 

5 2023’’. 

6 SEC. 2. DISCLOSURES FOR AI-GENERATED CONTENT. 

7 (a) CONSUMER DISCLOSURES.— 

8 (1) IMAGE, VIDEO, AUDIO, OR MULTIMEDIA AI9 GENERATED CONTENT.— 


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1 (A) IN GENERAL.—Each generative artifi2 cial intelligence system that, using any means 

3 or facility of interstate or foreign commerce, 

4 produces image, video, audio, or multimedia AI5 generated content shall include on such AI-gen6 erated content a clear and conspicuous disclo7 sure that meets the requirements of subpara8 graph (B). 

9 (B) DISCLOSURE REQUIREMENTS.—A dis10 closure required under subparagraph (A) shall 

11 meet each of the following criteria: 

12 (i) The disclosure shall include a clear 

13 and conspicuous notice, as appropriate for 

14 the medium of the content, that identifies 

15 the content as AI-generated content. 

16 (ii) The output’s metadata informa17 tion shall include an identification of the 

18 content as being AI-generated content, the 

19 identity of the tool used to create the con20 tent, and the date and time the content 

21 was created. 

22 (iii) The disclosure shall, to the extent 

23 technically feasible, be permanent or un24 able to be easily removed by subsequent 

25 users. 


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1 (2) TEXT AI-GENERATED CONTENT.—Each ar2 tificial intelligence system that, using any means or 

3 facility of interstate or foreign commerce, produces 

4 text AI-generated content (including through an ar5 tificial intelligence chatbot) shall include a clear and 

6 conspicuous disclosure that identifies the content as 

7 AI-generated content and that is, to the extent tech8 nically feasible, permanent or unable to be easily re9 moved by subsequent users. 

10 (3) OTHER OBLIGATIONS.— 

11 (A) DEVELOPERS OF GENERATIVE ARTIFI12 CIAL INTELLIGENCE SYSTEMS.—Any entity that 

13 develops a generative artificial intelligence sys14 tem shall implement reasonable procedures to 

15 prevent downstream use of such system without 

16 the disclosures required under this section, in17 cluding by— 

18 (i) requiring by contract that end 

19 users and third-party licensees of the sys20 tem refrain from removing any required 

21 disclosure; 

22 (ii) requiring certification that end 

23 users and third-party licensees will not re24 move any such disclosure; and 


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1 (iii) terminating access to the system 

2 when the entity has reason to believe that 

3 an end user or third-party licensee has re4 moved the required disclosure. 

5 (B) THIRD-PARTY LICENSEES.—Any third6 party licensee of a generative artificial intel7 ligence system shall implement reasonable pro8 cedures to prevent downstream use of such sys9 tem without the disclosures required under this 

10 section, including by— 

11 (i) requiring by contract that users of 

12 the system refrain from removing any re13 quired disclosure; 

14 (ii) requiring certification that end 

15 users will not remove any such disclosure; 

16 and 

17 (iii) terminating access to the system 

18 when the third-party licensee has reason to 

19 believe that an end user has removed the 

20 required disclosure. 

21 (4) ENFORCEMENT BY THE COMMISSION.— 

22 (A) UNFAIR OR DECEPTIVE ACTS OR PRAC23 TICE.—A violation of this subsection shall be 

24 treated as a violation of a rule defining an un25 fair or deceptive act or practice under section 


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1 18(a)(1)(B) of the Federal Trade Commission 

2 Act (15 U.S.C. 57a(a)(1)(B)). 

3 (B) POWERS OF THE COMMISSION.— 

4 (i) IN GENERAL.—The Commission 

5 shall enforce this subsection in the same 

6 manner, by the same means, and with the 

7 same jurisdiction, powers, and duties as 

8 though all applicable terms and provisions 

9 of the Federal Trade Commission Act (15 

10 U.S.C. 41 et seq.) were incorporated into 

11 and made a part of this subsection. 

12 (ii) PRIVILEGES AND IMMUNITIES.— 

13 Any person who violates this subsection or 

14 a regulation promulgated thereunder shall 

15 be subject to the penalties and entitled to 

16 the privileges and immunities provided in 

17 the Federal Trade Commission Act (15 

18 U.S.C. 41 et seq.). 

19 (iii) AUTHORITY PRESERVED.—Noth20 ing in this Act shall be construed to limit 

21 the authority of the Commission under any 

22 other provision of law. 

23 (b) AI-GENERATED CONTENT CONSUMER TRANS24 PARENCY WORKING GROUP.— 


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1 (1) ESTABLISHMENT.—Not later than 90 days 

2 after the date of enactment of this section, the Di3 rector of the National Institute of Standards and 

4 Technology (in this section referred to as the ‘‘Di5 rector’’), in coordination with the heads of other rel6 evant Federal agencies, shall form a working group 

7 to assist platforms in identifying AI-generated con8 tent. 

9 (2) MEMBERSHIP.—The working group shall 

10 include members from the following: 

11 (A) Relevant Federal agencies. 

12 (B) Developers of generative artificial in13 telligence systems. 

14 (C) Private sector groups engaged in devel15 oping content detection standards. 

16 (D) Social media platforms. 

17 (E) Academic and other relevant entities. 

18 (F) Any other entity determined appro19 priate by the Director. 

20 (3) DUTIES.—Not later than 1 year after the 

21 date on which the Director establishes the working 

22 group under paragraph (1), the working group shall 

23 publish a framework that includes— 

24 (A) technical standards for AI-generated 

25 content detection technology to assist platforms 


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1 in identifying image, video, audio, and multi2 media AI-generated content; 

3 (B) guidelines and best practices for plat4 forms to implement such technical standards; 

5 and 

6 (C) recommendations for detection prac7 tices for non-audiovisual AI-generated content, 

8 including text. 

9 (4) REPORT TO CONGRESS.—Not later than 1 

10 year after the date on which the Director establishes 

11 the working group under paragraph (1), the Direc12 tor shall submit to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Committee on Energy and Commerce of the House 

15 of Representatives a report on the framework pub16 lished under paragraph (3), together with rec17 ommendations for legislative or administrative action 

18 determined appropriate by the Director. 

19 (5) EXEMPTION FROM APPLICATION OF

20 FACA.—Chapter 10 of title 5, United States Code, 

21 shall not apply to the working group. 

22 (c) DEFINITIONS.—In this section: 

23 (1) AI-GENERATED CONTENT.—The term ‘‘AI24 generated content’’ means image, video, audio, 

25 multimedia, or text content that is substantially creVerDate Sep 11 2014 04:46 Aug 19, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2691.IS S2691

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1 ated or modified by a generative artificial intel2 ligence system such that the use of the system mate3 rially alters the meaning or significance that a rea4 sonable person would take away from the content. 

5 (2) ARTIFICIAL INTELLIGENCE CHATBOT.—The 

6 term ‘‘artificial intelligence chatbot’’ means genera7 tive artificial intelligence system with which users 

8 can interact by or through an interface that approxi9 mates or simulates conversation. 

10 (3) CLEAR AND CONSPICUOUS.—The term 

11 ‘‘clear and conspicuous’’, with respect to a disclo12 sure, means that the disclosure meets the following 

13 criteria: 

14 (A) For any content that is solely visual or 

15 solely audible, the disclosure shall be made 

16 through the same means through which the 

17 content is presented. 

18 (B) For any content that is both visual 

19 and audible, the disclosure shall be visual and 

20 audible. 

21 (C) A visual disclosure, by its size, con22 trast, location, the length of time it appears, 

23 and other characteristics, shall stand out from 

24 any accompanying text or other visual elements 


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1 so that the disclosure is easily noticed, read, 

2 and understood. 

3 (D) An audible disclosure shall be delivered 

4 in a volume, speed, and cadence sufficient for 

5 a reasonable person to easily hear and under6 stand the disclosure. 

7 (E) The disclosure shall not be avoidable. 

8 (F) The disclosure shall use diction and 

9 syntax understandable to a reasonable person. 

10 (G) The disclosure shall not be contra11 dicted or mitigated by, or inconsistent with, 

12 anything else in the communication. 

13 (H) Any other criteria determined appro14 priate by the Commission. 

15 (4) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Trade Commission. 

17 (5) GENERATIVE ARTIFICIAL INTELLIGENCE

18 SYSTEM.—The term ‘‘generative artificial intel19 ligence system’’ means any system that uses artifi20 cial intelligence (as defined in section 238(g) of the 

21 John S. McCain National Defense Authorization Act 

22 for Fiscal Year 2019) to generate or substantially 

23 modify image, video, audio, multimedia, or text con24 tent. 


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1 (6) METADATA.—The term ‘‘metadata’’ has the 

2 meaning given such term in section 3502 of title 44, 

3 United States Code. 

4 (7) PLATFORM.—The term ‘‘platform’’ has the 

5 meaning given the term ‘‘interactive computer serv6 ice’’ in section 230(f) of the Communications Act of 

7 1934 (47 U.S.C. 230(f)). 

Æ 


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