I 
118TH CONGRESS 
1ST SESSION H. R. 6466 
To require disclosures for AI-generated content, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2023 
Mr. KEAN of New Jersey introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Com-
mittee on Science, Space, and Technology, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To require disclosures for AI-generated content, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘AI Labeling Act of 
2023’’. 
SEC. 2. DISCLOSURES FOR AI-GENERATED CONTENT. 
(a) CONSUMER DISCLOSURES.— 
(1) IMAGE, VIDEO, AUDIO, OR MULTIMEDIA AI- 
GENERATED CONTENT.— 
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(A) IN GENERAL.—Each generative artifi-
cial intelligence system that, using any means 
or facility of interstate or foreign commerce, 
produces image, video, audio, or multimedia AI- 
generated content shall include on such AI-gen-
erated content a clear and conspicuous disclo-
sure that meets the requirements of subpara-
graph (B). 
(B) DISCLOSURE REQUIREMENTS.—A dis-
closure required under subparagraph (A) shall 
meet each of the following criteria: 
(i) The disclosure shall include a clear 
and conspicuous notice, as appropriate for 
the medium of the content, that identifies 
the content as AI-generated content. 
(ii) The output’s metadata informa-
tion shall include an identification of the 
content as being AI-generated content, the 
identity of the tool used to create the con-
tent, and the date and time the content 
was created. 
(iii) The disclosure shall, to the extent 
technically feasible, be permanent or un-
able to be easily removed by subsequent 
users. 
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(2) TEXT AI-GENERATED CONTENT.—Each ar-
tificial intelligence system that, using any means or 
facility of interstate or foreign commerce, produces 
text AI-generated content (including through an ar-
tificial intelligence chatbot) shall include a clear and 
conspicuous disclosure that identifies the content as 
AI-generated content and that is, to the extent tech-
nically feasible, permanent or unable to be easily re-
moved by subsequent users. 
(3) OTHER OBLIGATIONS.— 
(A) DEVELOPERS OF GENERATIVE ARTIFI-
CIAL INTELLIGENCE SYSTEMS.—Any entity that 
develops a generative artificial intelligence sys-
tem shall implement reasonable procedures to 
prevent downstream use of such system without 
the disclosures required under this section, in-
cluding by— 
(i) requiring by contract that end 
users and third-party licensees of the sys-
tem refrain from removing any required 
disclosure; 
(ii) requiring certification that end 
users and third-party licensees will not re-
move any such disclosure; and 
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(iii) terminating access to the system 
when the entity has reason to believe that 
an end user or third-party licensee has re-
moved the required disclosure. 
(B) THIRD-PARTY LICENSEES.—Any third- 
party licensee of a generative artificial intel-
ligence system shall implement reasonable pro-
cedures to prevent downstream use of such sys-
tem without the disclosures required under this 
section, including by— 
(i) requiring by contract that users of 
the system refrain from removing any re-
quired disclosure; 
(ii) requiring certification that end 
users will not remove any such disclosure; 
and 
(iii) terminating access to the system 
when the third-party licensee has reason to 
believe that an end user has removed the 
required disclosure. 
(4) ENFORCEMENT BY THE COMMISSION.— 
(A) UNFAIR OR DECEPTIVE ACTS OR PRAC-
TICE.—A violation of this subsection shall be 
treated as a violation of a rule defining an un-
fair or deceptive act or practice under section 
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18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)). 
(B) POWERS OF THE COMMISSION.— 
(i) IN
GENERAL.—The Commission 
shall enforce this subsection in the same 
manner, by the same means, and with the 
same jurisdiction, powers, and duties as 
though all applicable terms and provisions 
of the Federal Trade Commission Act (15 
U.S.C. 41 et seq.) were incorporated into 
and made a part of this subsection. 
(ii) PRIVILEGES AND IMMUNITIES.— 
Any person who violates this subsection or 
a regulation promulgated thereunder shall 
be subject to the penalties and entitled to 
the privileges and immunities provided in 
the Federal Trade Commission Act (15 
U.S.C. 41 et seq.). 
(iii) AUTHORITY PRESERVED.—Noth-
ing in this Act shall be construed to limit 
the authority of the Commission under any 
other provision of law. 
(b) AI-GENERATED CONTENT CONSUMER TRANS-
PARENCY WORKING GROUP.— 
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(1) ESTABLISHMENT.—Not later than 90 days 
after the date of enactment of this section, the Di-
rector of the National Institute of Standards and 
Technology (in this section referred to as the ‘‘Di-
rector’’), in coordination with the heads of other rel-
evant Federal agencies, shall form a working group 
to assist platforms in identifying AI-generated con-
tent. 
(2) MEMBERSHIP.—The working group shall 
include members from the following: 
(A) Relevant Federal agencies. 
(B) Developers of generative artificial in-
telligence systems. 
(C) Private sector groups engaged in devel-
oping content detection standards. 
(D) Social media platforms. 
(E) Academic and other relevant entities. 
(F) Any other entity determined appro-
priate by the Director. 
(3) DUTIES.—Not later than 1 year after the 
date on which the Director establishes the working 
group under paragraph (1), the working group shall 
publish a framework that includes— 
(A) technical standards for AI-generated 
content detection technology to assist platforms 
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in identifying image, video, audio, and multi-
media AI-generated content; 
(B) guidelines and best practices for plat-
forms to implement such technical standards; 
and 
(C) recommendations for detection prac-
tices for non-audiovisual AI-generated content, 
including text. 
(4) REPORT TO CONGRESS.—Not later than 1 
year after the date on which the Director establishes 
the working group under paragraph (1), the Direc-
tor shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the 
Committee on Energy and Commerce of the House 
of Representatives a report on the framework pub-
lished under paragraph (3), together with rec-
ommendations for legislative or administrative action 
determined appropriate by the Director. 
(5) 
EXEMPTION
FROM
APPLICATION
OF 
FACA.—Chapter 10 of title 5, United States Code, 
shall not apply to the working group. 
(c) DEFINITIONS.—In this section: 
(1) AI-GENERATED CONTENT.—The term ‘‘AI- 
generated content’’ means image, video, audio, 
multimedia, or text content that is substantially cre-
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ated or modified by a generative artificial intel-
ligence system such that the use of the system mate-
rially alters the meaning or significance that a rea-
sonable person would take away from the content. 
(2) ARTIFICIAL INTELLIGENCE CHATBOT.—The 
term ‘‘artificial intelligence chatbot’’ means genera-
tive artificial intelligence system with which users 
can interact by or through an interface that approxi-
mates or simulates conversation. 
(3) CLEAR
AND
CONSPICUOUS.—The term 
‘‘clear and conspicuous’’, with respect to a disclo-
sure, means that the disclosure meets the following 
criteria: 
(A) For any content that is solely visual or 
solely audible, the disclosure shall be made 
through the same means through which the 
content is presented. 
(B) For any content that is both visual 
and audible, the disclosure shall be visual and 
audible. 
(C) A visual disclosure, by its size, con-
trast, location, the length of time it appears, 
and other characteristics, shall stand out from 
any accompanying text or other visual elements 
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so that the disclosure is easily noticed, read, 
and understood. 
(D) An audible disclosure shall be delivered 
in a volume, speed, and cadence sufficient for 
a reasonable person to easily hear and under-
stand the disclosure. 
(E) The disclosure shall not be avoidable. 
(F) The disclosure shall use diction and 
syntax understandable to a reasonable person. 
(G) The disclosure shall not be contra-
dicted or mitigated by, or inconsistent with, 
anything else in the communication. 
(H) Any other criteria determined appro-
priate by the Commission. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(5) GENERATIVE
ARTIFICIAL
INTELLIGENCE 
SYSTEM.—The term ‘‘generative artificial intel-
ligence system’’ means any system that uses artifi-
cial intelligence (as defined in section 238(g) of the 
John S. McCain National Defense Authorization Act 
for Fiscal Year 2019) to generate or substantially 
modify image, video, audio, multimedia, or text con-
tent. 
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(6) METADATA.—The term ‘‘metadata’’ has the 
meaning given such term in section 3502 of title 44, 
United States Code. 
(7) PLATFORM.—The term ‘‘platform’’ has the 
meaning given the term ‘‘interactive computer serv-
ice’’ in section 230(f) of the Communications Act of 
1934 (47 U.S.C. 230(f)). 
Æ 
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