I 
118TH CONGRESS 
2D SESSION 
H. R. 8668 
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 adver-
tisements to include a statement within the contents of the advertise-
ments if generative AI was used to generate any image, audio, or video 
footage in the advertisements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2024 
Mr. MORELLE (for himself and Mr. LARSEN of Washington) introduced the 
following bill; which was referred to the Committee on House Administration 
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 po-
litical advertisements by requiring such advertisements 
to include a statement within the contents of the adver-
tisements if generative AI was used to generate any 
image, audio, or video footage in the advertisements, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘AI Transparency in 
Elections Act of 2024’’. 
SEC. 2. REQUIRING DISCLAIMERS ON ADVERTISEMENTS 
CONTAINING CONTENT SUBSTANTIALLY GEN-
ERATED BY ARTIFICIAL 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 COVERED COMMU-
NICATIONS CONTAINING CONTENT SUBSTANTIALLY GEN-
ERATED BY ARTIFICIAL INTELLIGENCE.— 
‘‘(1) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) COVERED COMMUNICATION.— 
‘‘(i) IN GENERAL.—The term ‘covered 
communication’ means a communication 
through any broadcasting station, news-
paper, magazine, outdoor advertising facil-
ity, mailing, telephone bank, internet or 
other digital medium, or any other type of 
general public political advertising that— 
‘‘(I) expressly advocates for or 
against the nomination or election of 
a candidate; 
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‘‘(C) SUBSTANTIALLY GENERATED BY AR-
TIFICIAL INTELLIGENCE.— 
‘‘(i) IN
GENERAL.—The term ‘sub-
stantially generated by artificial intel-
ligence’ means an image, audio, or video 
that was created or materially altered 
using generative artificial intelligence. 
‘‘(ii) EXCEPTION.—Such term does 
not include an image, audio, or video 
that— 
‘‘(I) has only minor alterations 
by generative artificial intelligence (in-
cluding cosmetic adjustments, color 
editing, cropping, resizing, and other 
immaterial uses); and 
‘‘(II) does not create a fun-
damentally different understanding 
than a reasonable person would have 
from an unaltered version of the 
media. 
‘‘(2) REQUIREMENT.—When a person makes a 
disbursement for the purpose of financing a covered 
communication containing an image, audio, or video 
that was substantially generated by artificial intel-
ligence, the covered communication shall include, in 
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a clear and conspicuous manner, a statement that 
the covered communication contains such an image, 
audio, or video. 
‘‘(3) 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) 
IMAGE
COVERED
COMMUNICA-
TIONS.—In the case of an image that is a cov-
ered communication, the statement— 
‘‘(i) appears in letters at least as large 
as the majority of the text in the covered 
communication or otherwise meets the re-
quirements under subsection (c)(1); 
‘‘(ii) meets the requirements of para-
graphs (2) and (3) of subsection (c); 
‘‘(iii) states that the covered commu-
nication was created or materially altered 
by artificial intelligence; and 
‘‘(iv) is permanently affixed to the 
covered communication. 
‘‘(B) 
AUDIO
COVERED
COMMUNICA-
TIONS.—In the case of an audio covered com-
munication, the statement— 
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‘‘(i) is spoken in a clearly audible and 
intelligible manner at the beginning or end 
of the covered communication and lasts not 
fewer than 4 seconds; and 
‘‘(ii) includes the following audio 
statement in a clearly spoken manner: 
‘lllllllllll used artificial 
intelligence to generate the contents of this 
communication.’ (with the blank filled in 
with the name of person who made the dis-
bursement to pay for such covered commu-
nication). 
‘‘(C) 
VIDEO
COVERED
COMMUNICA-
TIONS.—In the case of a video covered commu-
nication that also includes audio, the statement 
is made both in— 
‘‘(i) a written format that meets the 
requirements of subparagraph (A) and ap-
pears throughout the length of the video 
covered communication; and 
‘‘(ii) an audible format that meets the 
requirements of subparagraph (B).’’. 
(b) ENFORCEMENT.— 
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(1) IN
GENERAL.—Section 309(a)(4)(C)(i) of 
the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(a)(4)(C))(i)) is amended— 
(A) in the matter before subclause (I), by 
inserting ‘‘or a qualified disclaimer require-
ment’’ after ‘‘a qualified disclosure require-
ment’’; and 
(B) in subclause (II)— 
(i) by striking ‘‘a civil money penalty 
in an amount determined, for violations of 
each qualified disclosure requirement’’ and 
inserting ‘‘a civil money penalty— 
‘‘(aa) for violations of each quali-
fied disclosure requirement, in an 
amount determined’’; 
(ii) by striking the period at the end 
and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing new item: 
‘‘(bb) for violations of each quali-
fied disclaimer requirement, in an 
amount which is determined under a 
schedule of penalties which is estab-
lished and published by the Commis-
sion and which takes into account the 
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existence of previous violations by the 
person and how broadly the commu-
nication is distributed and such other 
factors as the Commission considers 
appropriate, provided that any such 
civil penalty shall not exceed $50,000 
per covered communication.’’. 
(2) 
FAILURE
TO
RESPOND.—Section 
309(a)(4)(C)(ii) 
of 
such 
Act 
(52 
U.S.C. 
30109(a)(4)(C)(ii)) is amended by striking the pe-
riod at the end and inserting ‘‘, except that in the 
case of a violation of a qualified disclaimer require-
ment, failure to timely respond after the Commission 
has notified the person of an alleged violation under 
subsection (a)(1) shall constitute the person’s admis-
sion of the factual allegations of the complaint.’’. 
(3) QUALIFIED DISCLAIMER REQUIREMENT DE-
FINED.—Section 309(a)(4)(C) of such Act (52 
U.S.C. 30109(a)(4)(C)) is amended by redesignating 
clause (v) as clause (vi) and by inserting after clause 
(iv) the following new clause: 
‘‘(v) In this subparagraph, the term ‘quali-
fied disclaimer requirement’ means the require-
ment of section 318(e)(2).’’. 
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(4) APPLICATION.—Clause 
(vi) 
of 
section 
309(a)(4)(C) 
of 
such 
Act 
(52 
U.S.C. 
30109(a)(4)(C)), as redesignated by paragraph (3), 
is amended— 
(A) by striking ‘‘shall apply with respect to 
violations’’ and inserting ‘‘shall apply— 
‘‘(I) with respect to violations of 
qualified disclosure requirements’’; 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
subclause: 
‘‘(II) with respect to violations of 
qualified disclaimer requirements oc-
curring on or after the date of the en-
actment of the AI Transparency in 
Elections Act of 2024.’’. 
(5) TIME
OF
JUDICIAL
REVIEW.—Section 
309(a)(8)(A) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30109(a)(8)(A)) is amended by 
inserting ‘‘(45-day period in the case of any com-
plaint alleging a violation of section 318(e)(2))’’ 
after ‘‘120-day period’’. 
(c) REGULATIONS.—Not later than 90 days after the 
date of enactment of the AI Transparency in Elections 
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Act of 2024, the Federal Election Commission shall, in 
consultation with the Director of the National Institute 
of Standards and Technology, promulgate a regulation to 
carry out the amendments made by subsections (a) and 
(b), including— 
(1) criteria for determining whether a covered 
communication (as defined in section 318(e) of the 
Federal Election Campaign Act of 1971, as added 
by subsection (a)) contains an image, audio, or video 
substantially generated by artificial intelligence (as 
defined in such section); and 
(2) requirements for the contents of the state-
ment required under section 318(e)(2) of the Fed-
eral Election Campaign Act of 1971, as added by 
subsection (a). 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall— 
(1) apply with respect to any communication 
made after the date of enactment of this Act; and 
(2) take effect without regard to whether the 
Federal Election Commission has promulgated regu-
lations to carry out such amendments. 
SEC. 3. REPORTS. 
Not later than 2 years after the date of enactment 
of this Act, and biannually thereafter, the Federal Elec-
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tion Commission shall submit a report to the Committee 
on Rules and Administration of the Senate and the Com-
mittee on House Administration of the House of Rep-
resentatives that includes— 
(1) an assessment of the compliance with and 
the enforcement of the requirements of subsection 
(e) of section 318 of the Federal Election Campaign 
Act of 1971, as added by this Act; and 
(2) recommendations for any modifications to 
that subsection to assist in carrying out the pur-
poses of that subsection. 
SEC. 4. SEVERABILITY. 
If any provision of this Act or any amendment made 
by this Act, or the application of any such provision or 
amendment to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act, and the appli-
cation of such provision or amendment to any other person 
or circumstance, shall not be affected by the holding. 
Æ 
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