gregate on any advertisement space that it 
has sold or bought for a majority of 
months during the preceding 12 months, 
as measured by an independent digital rat-
ings service accredited by the Media Rat-
ings Council (or its successor). 
‘‘(B) QUALIFIED
POLITICAL
ADVERTISE-
MENT.—For purposes of this paragraph, the 
term ‘qualified political advertisement’ means 
any advertisement (including search engine 
marketing, display advertisements, video adver-
tisements, native advertisements, and sponsor-
ships) that— 
‘‘(i) is made by or on behalf of a can-
didate; or 
‘‘(ii) communicates a message relating 
to any political matter of national impor-
tance, including— 
‘‘(I) a candidate; 
‘‘(II) any election to Federal of-
fice; or 
‘‘(III) a national legislative issue 
of public importance. 
‘‘(C) THIRD-PARTY ADVERTISING VENDOR 
DEFINED.—For purposes of this paragraph, the 
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term ‘third-party advertising vendor’ includes 
any third-party advertising vendor network, ad-
vertising agency, advertiser, or third-party ad-
vertisement serving company that buys and 
sells advertisement space on behalf of unaffili-
ated third-party websites, search engines, dig-
ital applications, or social media sites.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to communications 
made on or after January 1, 2024, and shall take effect 
without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out 
such amendments. 
SEC. 4. REQUIRING DISCLAIMERS ON ADVERTISEMENTS 
CONTAINING CONTENT GENERATED BY ARTI-
FICIAL 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 sub-
section: 
‘‘(e) SPECIAL DISCLAIMER
FOR COMMUNICATIONS 
CONTAINING CONTENT GENERATED BY ARTIFICIAL IN-
TELLIGENCE.— 
‘‘(1) REQUIREMENT.—If a communication de-
scribed in subsection (a) contains an image or video 
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footage which was generated in whole or in part with 
the use of artificial intelligence (generative AI), the 
communication shall include, in a clear and con-
spicuous manner, a statement that the communica-
tion contains such an image or footage. 
‘‘(2) 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) TEXT
OR
GRAPHIC
COMMUNICA-
TIONS.—In the case of a text or graphic com-
munication, the statement— 
‘‘(i) appears in letters at least as large 
as the majority of the text in the commu-
nication; and 
‘‘(ii) meets the requirements of para-
graphs (2) and (3) of subsection (c). 
‘‘(B) AUDIO
COMMUNICATIONS.—In the 
case of an audio communication, the statement 
is spoken in a clearly audible and intelligible 
manner at the beginning or end of the commu-
nication and lasts at least 3 seconds. 
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‘‘(C) VIDEO
COMMUNICATIONS.—In the 
case of a video communication which also in-
cludes audio, the statement— 
‘‘(i) is included at either the beginning 
or the end of the communication; and 
‘‘(ii) is made both in— 
‘‘(I) a written format that meets 
the requirements of subparagraph (A) 
and appears for at least 4 seconds; 
and 
‘‘(II) an audible format that 
meets the requirements of subpara-
graph (B). 
‘‘(D) OTHER
COMMUNICATIONS.—In the 
case of any other type of communication, the 
statement is at least as clear and conspicuous 
as the statement specified in subparagraph (A), 
(B), or (C). 
‘‘(3) REGULATIONS.—Not later than 120 days 
after the date of the enactment of the REAL Polit-
ical Advertisements Act, the Commission shall pro-
mulgate a regulation to carry out this subsection, in-
cluding— 
‘‘(A) criteria for determining whether an 
advertisement contains an image or video foot-
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age created through generative artificial intel-
ligence; 
‘‘(B) requirements for the contents of the 
statement required under paragraph (1); and 
‘‘(C) a definition of content generated by 
artificial intelligence that considers current and 
future uses of artificial intelligence and similar 
technologies that have a high risk for use in 
creating and spreading misinformation or 
disinformation about candidates, elections, and 
issues of national concern.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to communications 
made on or after January 1, 2024, and shall take effect 
without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out 
such amendments. 
SEC. 5. REPORTS. 
Not later than 2 years after the date of the enact-
ment of this Act, and biannually thereafter, the Federal 
Election Commission shall submit a report to Congress 
which includes— 
(1) an assessment of the compliance with and 
the enforcement of the requirements of section 
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318(e) of the Federal Election Campaign Act of 
1971, as added by this Act; 
(2) recommendations for any modifications to 
such section to assist in carrying out its purposes; 
and 
(3) the identification of ways to bring further 
transparency and accountability to political adver-
tisements. 
Æ 
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