I 

118TH CONGRESS 

1ST SESSION H. R. 6881 

To direct the Federal Trade Commission to establish standards for making 

publicly available information about the training data and algorithms 

used in artificial intelligence foundation models, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 22, 2023 

Mr. BEYER (for himself and Ms. ESHOO) introduced the following bill; which 

was referred to the Committee on Energy and Commerce 

A BILL 

To direct the Federal Trade Commission to establish standards for making publicly available information about the 

training data and algorithms used in artificial intelligence foundation models, 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 Foundation Model 

5 Transparency Act of 2023’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

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1 (1) With the increase in public access to artifi2 cial intelligence, there has been an increase in law3 suits and public concerns about copyright infringe4 ment, including in court cases such as the following: 

5 (A) Doe 1 v. GitHub, Inc., No. 22–cv– 

6 06823, 2023 WL 3449131, at *1 (N.D. Cal. 

7 May 11, 2023). 

8 (B) Amended Complaint, Getty Images, 

9 Inc. v. Stability AI, Ltd., No. 23–cv–00135 (D. 

10 Del. Mar. 29, 2023). 

11 (C) Andersen v. Stability AI Ltd., No. 23– 

12 cv–00201, 2023 WL 7132064, at *1 (N.D. Cal. 

13 Oct. 30, 2023). 

14 (2) Public use of foundation models has led to 

15 countless instances of the public being presented 

16 with inaccurate, imprecise, or biased information 

17 during inference, based on limited training data, lim18 ited model training mechanisms, or a lack of disclo19 sures about the training data composition or founda20 tion model training procedures, including in facial 

21 recognition technology usage, artificial intelligence 

22 inferences relating to health, artificial intelligence in23 ferences relating to loan granting and housing ap24 proval, and more. 

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1 (3) Transparency with respect to high-impact 

2 foundation models has become increasingly nec3 essary, including to assist copyright owners with en4 forcing their copyright protections and to promote 

5 consumer protection. 

6 (4) While not compromising the intellectual 

7 property rights of those who develop and deploy 

8 foundation models, users should be equipped with 

9 the information necessary to enforce their copyright 

10 protections and to make informed decisions about 

11 such foundation models. 

12 SEC. 3. FOUNDATION MODEL DATA SOURCE AND TRAINING 

13 TRANSPARENCY. 

14 (a) ESTABLISHMENT OF STANDARDS.—Not later 

15 than 9 months after the date of the enactment of this Act, 

16 the Commission shall— 

17 (1) in accordance with section 553 of title 5, 

18 United States Code, promulgate regulations that es19 tablish standards specifying information to improve 

20 the transparency of foundation models by covered 

21 entities with respect to training data, model docu22 mentation, data collection in inference, and oper23 ations of foundation models; and 

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1 (2) issue guidance to assist covered entities in 

2 complying with the standards established under 

3 paragraph (1). 

4 (b) CONSULTATION.—In establishing the standards 

5 and issuing the guidance required by subsection (a), the 

6 Commission shall consult with the Director of the Na7 tional Institute of Standards and Technology, the Director 

8 of the Office of Science and Technology Policy, the Reg9 ister of Copyrights, and other relevant stakeholders, in10 cluding standards bodies, covered entities, academia, tech11 nology experts, and advocates for civil rights and con12 sumers. 

13 (c) SUBMISSION TO COMMISSION AND PUBLIC AVAIL14 ABILITY OF INFORMATION.—The standards established 

15 under subsection (a)(1) shall include requirements, with 

16 respect to a foundation model, for— 

17 (1) what information specified under such sub18 section shall be submitted to the Commission by the 

19 covered entity that provides such model; and 

20 (2) what information specified under such sub21 section shall be made publicly available by the cov22 ered entity that provides such model. 

23 (d) FORM AND MANNER.—The standards established 

24 under subsection (a)(1) shall specify the form and manner 

25 in which certain information specified under such subVerDate Sep 11 2014 00:27 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6881.IH H6881
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1 section, selected at the discretion of the Commission, in 

2 consultation with the Director of the National Institute 

3 of Standards and Technology and the other actors de4 scribed in subsection (b), shall be made publicly available 

5 by covered entities, including— 

6 (1) what information shall be made available on 

7 the website of a covered entity that relates to any 

8 foundation model provided by such covered entity; 

9 (2) what information shall be displayed in a 

10 central location on a website hosted by the Commis11 sion, which shall include, with respect to a founda12 tion model, information that is substantially similar 

13 to the information required under paragraph (1) to 

14 be made available on the website of the covered enti15 ty that provides such model; 

16 (3) that a machine-readable format shall be 

17 used with respect to the information specified under 

18 paragraphs (1) and (2); 

19 (4) the URL at which the information specified 

20 under paragraph (2) shall be hosted by the Commis21 sion; and 

22 (5) such additional specifications as the Com23 mission considers appropriate. 

24 (e) PROCESS.—The standards established under sub25 section (a)(1) shall specify a process by which the informaVerDate Sep 11 2014 00:27 Jan 09, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6881.IH H6881
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1 tion required under subsection (c)(1) shall be submitted 

2 to the Commission. 

3 (f) INFORMATION TO BE CONSIDERED.—The Com4 mission shall consider specifying in the standards estab5 lished under subsection (a)(1), with respect to a founda6 tion model, the following information: 

7 (1) The sources of training data (including, as 

8 applicable, personal data collection and information 

9 necessary to assist copyright owners or data license 

10 holders with enforcing their copyright or data license 

11 protections) and whether and how data is collected 

12 and retained during inference. 

13 (2) A description of the size and composition of 

14 such training data, including broad demographic in15 formation, language information, and other attribute 

16 information, while accounting for privacy. 

17 (3) Information on data governance procedures, 

18 including how such training data was edited or fil19 tered. 

20 (4) How such training data was labeled, and in21 formation regarding how the validity of the labeling 

22 process was assessed. 

23 (5) A description of the intended purposes and 

24 foreseen limitations or risks of the foundation model, 

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1 an overview of past edits to such model, the version 

2 of such model, and the date of release of such model. 

3 (6) A description of the efforts of the covered 

4 entity to align the foundation model and the trans5 parency of such model with— 

6 (A) the AI Risk Management Framework 

7 (or any successor framework) of the National 

8 Institute of Standards and Technology; or 

9 (B) a similar Federal Government-ap10 proved consensus technical standard. 

11 (7) Performance under evaluation, either self12 driven or through audit, on public or industry stand13 ard benchmarks, including what precautions the 

14 foundation model takes to answer or respond to situ15 ations with higher levels of risk of providing inac16 curate or harmful information, including, if such 

17 model responds to such questions, relating to the fol18 lowing: 

19 (A) Medical, health, or healthcare ques20 tions. 

21 (B) Biological or chemical synthesis. 

22 (C) Cybersecurity. 

23 (D) Elections. 

24 (E) Policing, including predictive policing. 

25 (F) Financial loan decisions. 

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1 (G) Education. 

2 (H) Employment or hiring decisions. 

3 (I) Public services. 

4 (J) Information relating to vulnerable pop5 ulations, including children and protected class6 es. 

7 (8) Information on the computational power 

8 used to train and operate the foundation model. 

9 (9) Any other information determined necessary 

10 by the Commission, in consultation with the Director 

11 of the National Institute of Standards and Tech12 nology, to improve transparency of foundation mod13 els. 

14 (g) CONSIDERATION OF ALTERNATIVE PROVISIONS

15 FOR SPECIFIC TYPES OF FOUNDATION MODELS.—In es16 tablishing the standards and issuing the guidance required 

17 by subsection (a), the Commission shall consider whether 

18 to include alternative provisions for— 

19 (1) open-source foundation models; or 

20 (2) foundation models that are a derivation of 

21 or built upon another foundation model, having been 

22 retrained or adapted from such other foundation 

23 model to any extent. 

24 (h) APPLICABILITY.—The regulations required by 

25 subsection (a)(1) shall apply beginning on the date that 

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1 is 90 days after the date on which the Commission pro2 mulgates such regulations. 

3 (i) UPDATES.—Not later than 2 years after the date 

4 on which the Commission promulgates the regulations re5 quired by subsection (a)(1), and not less often than annu6 ally thereafter, the Commission, in consultation with the 

7 Director of the National Institute of Standards and Tech8 nology, shall assess the standards established by such reg9 ulations and update such regulations so as to incorporate 

10 appropriate updates (if any) to such standards. 

11 (j) ENFORCEMENT BY FEDERAL TRADE COMMIS12 SION.— 

13 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC14 TICES.—A violation of a regulation promulgated 

15 under subsection (a)(1) shall be treated as a viola16 tion of a regulation under section 18(a)(1)(B) of the 

17 Federal Trade Commission Act (15 U.S.C. 

18 57a(a)(1)(B)) regarding unfair or deceptive acts or 

19 practices. 

20 (2) POWERS OF COMMISSION.—Except as pro21 vided in subsection (m)(3)(C)— 

22 (A) the Commission shall enforce the regu23 lations promulgated under subsection (a)(1) in 

24 the same manner, by the same means, and with 

25 the same jurisdiction, powers, and duties as 

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1 though all applicable terms and provisions of 

2 the Federal Trade Commission Act (15 U.S.C. 

3 41 et seq.) were incorporated into and made a 

4 part of this section; and 

5 (B) any covered entity that violates a regu6 lation promulgated under subsection (a)(1) 

7 shall be subject to the penalties and entitled to 

8 the privileges and immunities provided in the 

9 Federal Trade Commission Act. 

10 (k) REPORT.—Not later than 2 years after the date 

11 of the enactment of this Act, the Commission shall submit 

12 to the Committee on Energy and Commerce and the Com13 mittee on Science, Space, and Technology of the House 

14 of Representatives and the Committee on Commerce, 

15 Science, and Transportation of the Senate a report on the 

16 establishment, implementation, and enforcement of the 

17 standards required by subsection (a)(1). 

18 (l) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Commission to 

20 carry out this section— 

21 (1) $10,000,000 for fiscal year 2025; and 

22 (2) $3,000,000 for each fiscal year thereafter. 

23 (m) DEFINITIONS.—In this section: 

24 (1) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar25 tificial intelligence’’ has the meaning given such 

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1 term in section 5002 of the National Artificial Intel2 ligence Initiative Act of 2020 (15 U.S.C. 9401; en3 acted as division E of the William M. (Mac) Thorn4 berry National Defense Authorization Act for Fiscal 

5 Year 2021 (Public Law 116–283)). 

6 (2) COMMISSION.—The term ‘‘Commission’’ 

7 means the Federal Trade Commission. 

8 (3) COVERED ENTITY.— 

9 (A) IN GENERAL.—The term ‘‘covered en10 tity’’ means any person, partnership, or cor11 poration described in subparagraph (C) that 

12 provides— 

13 (i) use of or services from a founda14 tion model which generates, in aggregate, 

15 over 100,000 monthly output instances 

16 (whether text, images, video, audio, or 

17 other modality), including output instances 

18 generated from use by users of second 

19 party entities that use such model; or 

20 (ii) use of or services from a founda21 tion model which has, in aggregate, over 

22 30,000 monthly users, including users of 

23 second party entities that use such model. 

24 (B) UPDATING OF THRESHOLDS.—The 

25 Commission, in consultation with the Director 

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1 of the National Institute of Standards and 

2 Technology and the Director of the Office of 

3 Science and Technology Policy, may, by regula4 tion promulgated in accordance with section 

5 553 of title 5, United States Code, update the 

6 number of monthly output instances for pur7 poses of subparagraph (A)(i) or the number of 

8 monthly users for purposes of subparagraph 

9 (A)(ii), as the Commission considers appro10 priate. 

11 (C) PERSONS, PARTNERSHIPS, AND COR12 PORATIONS DESCRIBED.—The persons, partner13 ships, and corporations described in this sub14 paragraph are— 

15 (i) any person, partnership, or cor16 poration over which the Commission has 

17 jurisdiction under section 5(a)(2) of the 

18 Federal Trade Commission Act (15 U.S.C. 

19 45(a)(2)); and 

20 (ii) notwithstanding section 4, 5(a)(2), 

21 or 6 of the Federal Trade Commission Act 

22 (15 U.S.C. 44; 45(a)(2); 46) or any juris23 dictional limitation of the Commission— 

24 (I) any common carrier subject 

25 to the Communications Act of 1934 

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1 (47 U.S.C. 151 et seq.) and all Acts 

2 amendatory thereof and supple3 mentary thereto; and 

4 (II) any organization not orga5 nized to carry on business for its own 

6 profit or that of its members. 

7 (4) FOUNDATION MODEL.— 

8 (A) IN GENERAL.—The term ‘‘foundation 

9 model’’ means an artificial intelligence model 

10 that— 

11 (i) is trained on broad data; 

12 (ii) generally uses self-supervision; 

13 (iii) generally contains at least 

14 1,000,000,000 parameters; 

15 (iv) is applicable across a wide range 

16 of contexts; and 

17 (v) exhibits, or could be easily modi18 fied to exhibit, high levels of performance 

19 at tasks that could pose a serious risk to 

20 security, national economic security, na21 tional public health or safety, or any com22 bination of those matters. 

23 (B) EFFECT OF TECHNICAL SAFE24 GUARDS.—The term ‘‘foundation model’’ in25 cludes an artificial intelligence model otherwise 

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1 described in subparagraph (A) even if such 

2 model is provided to users with technical safe3 guards that attempt to prevent users from tak4 ing advantage of any relevant unsafe capabili5 ties. 

6 (5) INFERENCE.—The term ‘‘inference’’ means, 

7 with respect to a foundation model, when such foun8 dation model is operated by a user to produce a re9 sult. 

10 (6) TRAINING DATA.—The term ‘‘training 

11 data’’ means, with respect to a foundation model, 

12 the data on which such foundation model was 

13 trained. 

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