Federal · House Bill · 118th Congress, 1st Session
HR3831
H.R. 3831 — AI Disclosure Act of 2023

Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

How Is This Bill Enforced

Enforcement Authority
Enforced by the Federal Trade Commission. Violations are treated as unfair or deceptive acts or practices under Section 18(a)(1)(B) of the FTC Act. The FTC exercises the same jurisdiction, powers, and duties as under the FTC Act. No private right of action is created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
Penalties are those available under the Federal Trade Commission Act. Violators are subject to the same penalties as for violations of FTC Act regulations regarding unfair or deceptive acts or practices. No separate statutory damages, punitive damages, or attorney fees are specified in this bill.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Section 1
Short Title

This Act may be cited as the ''AI Disclosure Act of 2023''.

This section establishes the short title of the Act as the AI Disclosure Act of 2023. It creates no compliance obligations.

Section 2
Requirement to Disclose Use of Generative Artificial Intelligence
Developer

(a) 1 Generative artificial intelligence shall include on any output generated by such artificial intelligence the following: ''Disclaimer: this output has been generated by artificial intelligence.''.

(b)(1) A violation of subsection (a) or a regulation promulgated under such subsection shall be treated as a violation 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.

(b)(2) The Federal Trade Commission shall enforce subsection (a) and the regulations promulgated under such 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 Act. Any person who violates such subsection or a regulation promulgated under such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.

Section 2 contains the bill's entire operative substance. Subsection (a) mandates that generative artificial intelligence include a specific verbatim disclaimer on all output: "Disclaimer: this output has been generated by artificial intelligence." The obligation is framed as a duty on the technology itself rather than on a named entity — the bill does not define "generative artificial intelligence" or identify a responsible party such as a developer, deployer, or operator.

Subsection (b) assigns enforcement to the Federal Trade Commission, treating violations as unfair or deceptive acts or practices under Section 18(a)(1)(B) of the FTC Act. The FTC is granted the same jurisdiction, powers, and duties as under the full FTC Act, and violators are subject to the same penalties and entitled to the same privileges and immunities as under the FTC Act. No private right of action is created.

Compliance actions 1 item
1
Generative AI systems must include on every output the verbatim disclaimer: Disclaimer: this output has been generated by artificial intelligence.
T-02.1

Passage Likelihood

Failed
Status Failed
Final action Referred to the Subcommittee on Innovation, Data, and Commerce.

Legislative History

2023-06-05 Introduced in House
2023-06-05 Referred to the House Committee on Energy and Commerce.
2023-06-09 Referred to the Subcommittee on Innovation, Data, and Commerce.

Entry Last Reviewed

2026-05-15
AI generated