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 stand-
ards for making publicly available information about the 
training data and algorithms used in artificial intel-
ligence foundation models, 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 Foundation Model 
Transparency Act of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
(1) With the increase in public access to artifi-
cial intelligence, there has been an increase in law-
suits and public concerns about copyright infringe-
ment, including in court cases such as the following: 
(A) Doe 1 v. GitHub, Inc., No. 22–cv– 
06823, 2023 WL 3449131, at *1 (N.D. Cal. 
May 11, 2023). 
(B) Amended Complaint, Getty Images, 
Inc. v. Stability AI, Ltd., No. 23–cv–00135 (D. 
Del. Mar. 29, 2023). 
(C) Andersen v. Stability AI Ltd., No. 23– 
cv–00201, 2023 WL 7132064, at *1 (N.D. Cal. 
Oct. 30, 2023). 
(2) Public use of foundation models has led to 
countless instances of the public being presented 
with inaccurate, imprecise, or biased information 
during inference, based on limited training data, lim-
ited model training mechanisms, or a lack of disclo-
sures about the training data composition or founda-
tion model training procedures, including in facial 
recognition technology usage, artificial intelligence 
inferences relating to health, artificial intelligence in-
ferences relating to loan granting and housing ap-
proval, and more. 
VerDate Sep 11 2014 
22:55 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
(3) Transparency with respect to high-impact 
foundation models has become increasingly nec-
essary, including to assist copyright owners with en-
forcing their copyright protections and to promote 
consumer protection. 
(4) While not compromising the intellectual 
property rights of those who develop and deploy 
foundation models, users should be equipped with 
the information necessary to enforce their copyright 
protections and to make informed decisions about 
such foundation models. 
SEC. 3. FOUNDATION MODEL DATA SOURCE AND TRAINING 
TRANSPARENCY. 
(a) ESTABLISHMENT
OF STANDARDS.—Not later 
than 9 months after the date of the enactment of this Act, 
the Commission shall— 
(1) in accordance with section 553 of title 5, 
United States Code, promulgate regulations that es-
tablish standards specifying information to improve 
the transparency of foundation models by covered 
entities with respect to training data, model docu-
mentation, data collection in inference, and oper-
ations of foundation models; and 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
(2) issue guidance to assist covered entities in 
complying with the standards established under 
paragraph (1). 
(b) CONSULTATION.—In establishing the standards 
and issuing the guidance required by subsection (a), the 
Commission shall consult with the Director of the Na-
tional Institute of Standards and Technology, the Director 
of the Office of Science and Technology Policy, the Reg-
ister of Copyrights, and other relevant stakeholders, in-
cluding standards bodies, covered entities, academia, tech-
nology experts, and advocates for civil rights and con-
sumers. 
(c) SUBMISSION TO COMMISSION AND PUBLIC AVAIL-
ABILITY OF INFORMATION.—The standards established 
under subsection (a)(1) shall include requirements, with 
respect to a foundation model, for— 
(1) what information specified under such sub-
section shall be submitted to the Commission by the 
covered entity that provides such model; and 
(2) what information specified under such sub-
section shall be made publicly available by the cov-
ered entity that provides such model. 
(d) FORM AND MANNER.—The standards established 
under subsection (a)(1) shall specify the form and manner 
in which certain information specified under such sub-
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
section, selected at the discretion of the Commission, in 
consultation with the Director of the National Institute 
of Standards and Technology and the other actors de-
scribed in subsection (b), shall be made publicly available 
by covered entities, including— 
(1) what information shall be made available on 
the website of a covered entity that relates to any 
foundation model provided by such covered entity; 
(2) what information shall be displayed in a 
central location on a website hosted by the Commis-
sion, which shall include, with respect to a founda-
tion model, information that is substantially similar 
to the information required under paragraph (1) to 
be made available on the website of the covered enti-
ty that provides such model; 
(3) that a machine-readable format shall be 
used with respect to the information specified under 
paragraphs (1) and (2); 
(4) the URL at which the information specified 
under paragraph (2) shall be hosted by the Commis-
sion; and 
(5) such additional specifications as the Com-
mission considers appropriate. 
(e) PROCESS.—The standards established under sub-
section (a)(1) shall specify a process by which the informa-
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
tion required under subsection (c)(1) shall be submitted 
to the Commission. 
(f) INFORMATION TO BE CONSIDERED.—The Com-
mission shall consider specifying in the standards estab-
lished under subsection (a)(1), with respect to a founda-
tion model, the following information: 
(1) The sources of training data (including, as 
applicable, personal data collection and information 
necessary to assist copyright owners or data license 
holders with enforcing their copyright or data license 
protections) and whether and how data is collected 
and retained during inference. 
(2) A description of the size and composition of 
such training data, including broad demographic in-
formation, language information, and other attribute 
information, while accounting for privacy. 
(3) Information on data governance procedures, 
including how such training data was edited or fil-
tered. 
(4) How such training data was labeled, and in-
formation regarding how the validity of the labeling 
process was assessed. 
(5) A description of the intended purposes and 
foreseen limitations or risks of the foundation model, 
VerDate Sep 11 2014 
22:55 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
an overview of past edits to such model, the version 
of such model, and the date of release of such model. 
(6) A description of the efforts of the covered 
entity to align the foundation model and the trans-
parency of such model with— 
(A) the AI Risk Management Framework 
(or any successor framework) of the National 
Institute of Standards and Technology; or 
(B) a similar Federal Government-ap-
proved consensus technical standard. 
(7) Performance under evaluation, either self- 
driven or through audit, on public or industry stand-
ard benchmarks, including what precautions the 
foundation model takes to answer or respond to situ-
ations with higher levels of risk of providing inac-
curate or harmful information, including, if such 
model responds to such questions, relating to the fol-
lowing: 
(A) Medical, health, or healthcare ques-
tions. 
(B) Biological or chemical synthesis. 
(C) Cybersecurity. 
(D) Elections. 
(E) Policing, including predictive policing. 
(F) Financial loan decisions. 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
(G) Education. 
(H) Employment or hiring decisions. 
(I) Public services. 
(J) Information relating to vulnerable pop-
ulations, including children and protected class-
es. 
(8) Information on the computational power 
used to train and operate the foundation model. 
(9) Any other information determined necessary 
by the Commission, in consultation with the Director 
of the National Institute of Standards and Tech-
nology, to improve transparency of foundation mod-
els. 
(g) CONSIDERATION OF ALTERNATIVE PROVISIONS 
FOR SPECIFIC TYPES OF FOUNDATION MODELS.—In es-
tablishing the standards and issuing the guidance required 
by subsection (a), the Commission shall consider whether 
to include alternative provisions for— 
(1) open-source foundation models; or 
(2) foundation models that are a derivation of 
or built upon another foundation model, having been 
retrained or adapted from such other foundation 
model to any extent. 
(h) APPLICABILITY.—The regulations required by 
subsection (a)(1) shall apply beginning on the date that 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
is 90 days after the date on which the Commission pro-
mulgates such regulations. 
(i) UPDATES.—Not later than 2 years after the date 
on which the Commission promulgates the regulations re-
quired by subsection (a)(1), and not less often than annu-
ally thereafter, the Commission, in consultation with the 
Director of the National Institute of Standards and Tech-
nology, shall assess the standards established by such reg-
ulations and update such regulations so as to incorporate 
appropriate updates (if any) to such standards. 
(j) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of a regulation promulgated 
under subsection (a)(1) shall be treated as a viola-
tion of a regulation under section 18(a)(1)(B) of the 
Federal 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)) regarding unfair or deceptive acts or 
practices. 
(2) POWERS OF COMMISSION.—Except as pro-
vided in subsection (m)(3)(C)— 
(A) the Commission shall enforce the regu-
lations promulgated under subsection (a)(1) in 
the same manner, by the same means, and with 
the same jurisdiction, powers, and duties as 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
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 section; and 
(B) any covered entity that violates a regu-
lation promulgated under subsection (a)(1) 
shall be subject to the penalties and entitled to 
the privileges and immunities provided in the 
Federal Trade Commission Act. 
(k) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Commission shall submit 
to the Committee on Energy and Commerce and the Com-
mittee on Science, Space, and Technology of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
establishment, implementation, and enforcement of the 
standards required by subsection (a)(1). 
(l) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission to 
carry out this section— 
(1) $10,000,000 for fiscal year 2025; and 
(2) $3,000,000 for each fiscal year thereafter. 
(m) DEFINITIONS.—In this section: 
(1) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-
tificial intelligence’’ has the meaning given such 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
term in section 5002 of the National Artificial Intel-
ligence Initiative Act of 2020 (15 U.S.C. 9401; en-
acted as division E of the William M. (Mac) Thorn-
berry National Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283)). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(3) COVERED ENTITY.— 
(A) IN GENERAL.—The term ‘‘covered en-
tity’’ means any person, partnership, or cor-
poration described in subparagraph (C) that 
provides— 
(i) use of or services from a founda-
tion model which generates, in aggregate, 
over 100,000 monthly output instances 
(whether text, images, video, audio, or 
other modality), including output instances 
generated from use by users of second 
party entities that use such model; or 
(ii) use of or services from a founda-
tion model which has, in aggregate, over 
30,000 monthly users, including users of 
second party entities that use such model. 
(B) UPDATING
OF
THRESHOLDS.—The 
Commission, in consultation with the Director 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
of the National Institute of Standards and 
Technology and the Director of the Office of 
Science and Technology Policy, may, by regula-
tion promulgated in accordance with section 
553 of title 5, United States Code, update the 
number of monthly output instances for pur-
poses of subparagraph (A)(i) or the number of 
monthly users for purposes of subparagraph 
(A)(ii), as the Commission considers appro-
priate. 
(C) PERSONS, PARTNERSHIPS, AND COR-
PORATIONS DESCRIBED.—The persons, partner-
ships, and corporations described in this sub-
paragraph are— 
(i) any person, partnership, or cor-
poration over which the Commission has 
jurisdiction under section 5(a)(2) of the 
Federal Trade Commission Act (15 U.S.C. 
45(a)(2)); and 
(ii) notwithstanding section 4, 5(a)(2), 
or 6 of the Federal Trade Commission Act 
(15 U.S.C. 44; 45(a)(2); 46) or any juris-
dictional limitation of the Commission— 
(I) any common carrier subject 
to the Communications Act of 1934 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
(47 U.S.C. 151 et seq.) and all Acts 
amendatory 
thereof 
and 
supple-
mentary thereto; and 
(II) any organization not orga-
nized to carry on business for its own 
profit or that of its members. 
(4) FOUNDATION MODEL.— 
(A) IN GENERAL.—The term ‘‘foundation 
model’’ means an artificial intelligence model 
that— 
(i) is trained on broad data; 
(ii) generally uses self-supervision; 
(iii) 
generally 
contains 
at 
least 
1,000,000,000 parameters; 
(iv) is applicable across a wide range 
of contexts; and 
(v) exhibits, or could be easily modi-
fied to exhibit, high levels of performance 
at tasks that could pose a serious risk to 
security, national economic security, na-
tional public health or safety, or any com-
bination of those matters. 
(B) 
EFFECT
OF
TECHNICAL
SAFE-
GUARDS.—The term ‘‘foundation model’’ in-
cludes an artificial intelligence model otherwise 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6881.IH
H6881
described in subparagraph (A) even if such 
model is provided to users with technical safe-
guards that attempt to prevent users from tak-
ing advantage of any relevant unsafe capabili-
ties. 
(5) INFERENCE.—The term ‘‘inference’’ means, 
with respect to a foundation model, when such foun-
dation model is operated by a user to produce a re-
sult. 
(6) TRAINING
DATA.—The term ‘‘training 
data’’ means, with respect to a foundation model, 
the data on which such foundation model was 
trained. 
Æ 
VerDate Sep 11 2014 
00:27 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6301
E:\BILLS\H6881.IH
H6881