Federal · House Bill · 118th Congress, 1st Session
HR—6466
H.R. 6466 — AI Labeling Act of 2023
Status ● Failed Effective N/A Passage Likelihood N/A

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

T-02 AI CONTENT LABELING & PROVENANCE
4 OBLIGATIONS T-02.1T-02.2

How Is This Bill Enforced

Enforcement Authority
Enforced by the Federal Trade Commission. A violation is treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the FTC Act. The FTC enforces with 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
Violations are subject to the penalties provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). No private damages remedy is created by this Act.

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
Sec. 1
Short Title

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

Establishes the short title of the Act as the AI Labeling Act of 2023. This section creates no compliance obligations.

Sec. 2(a)(1)
Consumer Disclosures — Image, Video, Audio, or Multimedia AI-Generated Content
Developer

(1)(A)–(B) 1 IN GENERAL.—Each generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5) that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) shall include on such AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) disclosure that meets the requirements of subparagraph (B). (B) DISCLOSURE REQUIREMENTS.—A disclosure required under subparagraph (A) shall meet each of the following criteria: (i) The disclosure shall include a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) notice, as appropriate for the medium of the content, that identifies the content as AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1). (ii) The output's metadataMetadataThe term "metadata" has the meaning given such term in section 3502 of title 44, United States Code.Sec. 2(c)(6) information shall include an identification of the content as being AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1), the identity of the tool used to create the content, and the date and time the content was created. (iii) The disclosure shall, to the extent technically feasible, be permanent or unable to be easily removed by subsequent users.

This subsection imposes the bill's core labeling requirement for non-text AI-generated content. Each generative AI system that produces image, video, audio, or multimedia content must include both a human-perceptible disclosure and machine-readable metadata identifying the content as AI-generated. The metadata must include the identity of the generating tool and the creation timestamp. The disclosure must, to the extent technically feasible, be permanent or unable to be easily removed by downstream users.

Compliance actions 1 item
1
Developers must ensure that each generative AI system producing image, video, audio, or multimedia content includes (1) a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) human-perceptible notice identifying the content as AI-generated, appropriate for the medium, and (2) embedded metadataMetadataThe term "metadata" has the meaning given such term in section 3502 of title 44, United States Code.Sec. 2(c)(6) identifying the content as AI-generated, the tool used to create it, and the date and time of creation. The disclosure must, to the extent technically feasible, be permanent or unable to be easily removed.
T-02.1
Sec. 2(a)(2)
Consumer Disclosures — Text AI-Generated Content
Developer

(2) 2 TEXT AI-GENERATED CONTENTAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1).—Each artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces text AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) (including through an artificial intelligence chatbotArtificial intelligence chatbotThe term "artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.Sec. 2(c)(2)) shall include a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) disclosure that identifies the content as AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) and that is, to the extent technically feasible, permanent or unable to be easily removed by subsequent users.

This subsection extends the labeling obligation to text output, including content produced through artificial intelligence chatbots. The disclosure must be clear and conspicuous and, to the extent technically feasible, permanent or unable to be easily removed. Unlike the image/video/audio provision, the text disclosure does not require embedded metadata — only a human-perceptible label.

Compliance actions 1 item
2
Developers must ensure that each AI system producing text AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) (including chatbot output) includes a clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3) disclosure identifying the content as AI-generated, which must be, to the extent technically feasible, permanent or unable to be easily removed.
T-02.1
Sec. 2(a)(3)
Other Obligations — Developers and Third-Party Licensees
DeployerDeveloper

(3)(A)(i)–(iii) 3 DEVELOPERS OF GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMSGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5).—Any entity that develops a generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5) shall implement reasonable procedures to prevent downstream use of such system without the disclosures required under this section, including by— (i) requiring by contract that end users and third-party licensees of the system refrain from removing any required disclosure; (ii) requiring certification that end users and third-party licensees will not remove any such disclosure; and (iii) terminating access to the system when the entity has reason to believe that an end user or third-party licensee has removed the required disclosure.

(3)(B)(i)–(iii) 4 THIRD-PARTY LICENSEES.—Any third-party licensee of a generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5) shall implement reasonable procedures to prevent downstream use of such system without the disclosures required under this section, including by— (i) requiring by contract that users of the system refrain from removing any required 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.

This subsection imposes downstream-preservation obligations on two distinct actor types. Developers of generative AI systems must implement reasonable procedures to prevent downstream use without required disclosures, including contractual requirements, certifications, and access termination. Third-party licensees bear a parallel obligation to prevent their own downstream users from stripping disclosures, using the same procedural mechanisms. The obligation is framed as reasonable procedures rather than strict liability for downstream removal.

Compliance actions 2 items
3
Developers must implement reasonable procedures to prevent downstream use of their generative AI system without required disclosures, including (1) contractually requiring end users and third-party licensees to refrain from removing disclosures, (2) requiring certification that they will not remove disclosures, and (3) terminating access when the developer has reason to believe a disclosure has been removed.
T-02.1
4
Third-party licensees must implement reasonable procedures to prevent downstream use of the generative AI system without required disclosures, including (1) contractually requiring end users to refrain from removing disclosures, (2) requiring certification that they will not remove disclosures, and (3) terminating access when the licensee has reason to believe an end user has removed a disclosure.
T-02.1
Sec. 2(a)(4)
Enforcement by the Commission

(4)(A) UNFAIR OR DECEPTIVE ACTS OR PRACTICE.—A violation of this subsection shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) Act (15 U.S.C. 57a(a)(1)(B)).

(4)(B)(i)–(iii) POWERS OF THE COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4).— (i) IN GENERAL.—The CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) 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 CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) 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 CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) Act (15 U.S.C. 41 et seq.). (iii) AUTHORITY PRESERVED.—Nothing in this Act shall be construed to limit the authority of the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4) under any other provision of law.

This subsection designates the Federal Trade Commission as the sole enforcer. Violations are treated as unfair or deceptive acts or practices under FTC Act section 18(a)(1)(B). The FTC enforces using its existing jurisdiction, powers, and duties. Violators are subject to FTC Act penalties and entitled to FTC Act privileges and immunities. A savings clause preserves the Commission's existing authority under other law. No private right of action is created.

Sec. 2(b)
AI-Generated Content Consumer Transparency Working Group
Government

(b)(1) 5 ESTABLISHMENT.—Not later than 90 days after the date of enactment of this section, the Director of the National Institute of Standards and Technology (in this section referred to as the ''Director''), in coordination with the heads of other relevant Federal agencies, shall form a working group to assist platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) in identifying AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1).

(b)(2) MEMBERSHIP.—The working group shall include members from the following: (A) Relevant Federal agencies. (B) Developers of generative artificial intelligence systemsGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5). (C) Private sector groups engaged in developing content detection standards. (D) Social media platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7). (E) Academic and other relevant entities. (F) Any other entity determined appropriate by the Director.

(b)(3) 6 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 contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) detection technology to assist platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) in identifying image, video, audio, and multimedia AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1); (B) guidelines and best practices for platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) to implement such technical standards; and (C) recommendations for detection practices for non-audiovisual AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1), including text.

(b)(4) 7 REPORT TO CONGRESS.—Not later than 1 year after the date on which the Director establishes the working group under paragraph (1), the Director 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 published under paragraph (3), together with recommendations for legislative or administrative action determined appropriate by the Director.

(b)(5) EXEMPTION FROM APPLICATION OF FACA.—Chapter 10 of title 5, United States Code, shall not apply to the working group.

This subsection directs the Director of NIST to form a multi-stakeholder working group within 90 days of enactment to develop technical standards and best practices for AI-generated content detection. The working group must include representatives from federal agencies, AI developers, private-sector standards bodies, social media platforms, and academia. Within one year of formation, the group must publish a framework covering detection technology standards for audiovisual content, implementation guidelines for platforms, and recommendations for non-audiovisual content detection (including text). NIST must also report the framework and legislative recommendations to Congress. The working group is exempt from the Federal Advisory Committee Act.

Compliance actions 3 items
5
The Director of NIST must, within 90 days of enactment and in coordination with other relevant federal agencies, form a working group to assist platformsPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) in identifying AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1).
—
6
The NIST working group must, within one year of formation, publish a framework that includes (1) technical standards for AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) detection technology for image, video, audio, and multimedia content, (2) platformPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7) implementation guidelines for those standards, and (3) recommendations for detecting non-audiovisual AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1) including text.
—
7
The NIST Director must, within one year of forming the working group, submit to the Senate Commerce Committee and the House Energy and Commerce Committee a report on the published framework together with recommendations for legislative or administrative action.
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Sec. 2(c)
Definitions

(c)(1)–(7) DEFINITIONS.—In this section: (1) AI-GENERATED CONTENTAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1).—The term ''AI-generated contentAI-generated contentThe term "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.Sec. 2(c)(1)'' means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5) such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content. (2) ARTIFICIAL INTELLIGENCE CHATBOTArtificial intelligence chatbotThe term "artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.Sec. 2(c)(2).—The term ''artificial intelligence chatbotArtificial intelligence chatbotThe term "artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.Sec. 2(c)(2)'' means generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5) with which users can interact by or through an interface that approximates or simulates conversation. (3) CLEAR AND CONSPICUOUSClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3).—The term ''clear and conspicuousClear and conspicuousThe term "clear and conspicuous", with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the Commission.Sec. 2(c)(3)'', with respect to a disclosure, 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, contrast, location, the length of time it appears, and other characteristics, shall stand out from any accompanying text or other visual elements 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 understand 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 contradicted or mitigated by, or inconsistent with, anything else in the communication. (H) Any other criteria determined appropriate by the CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4). (4) COMMISSIONCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4).—The term ''CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4)'' means the Federal Trade CommissionCommissionThe term "Commission" means the Federal Trade Commission.Sec. 2(c)(4). (5) GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5).—The term ''generative artificial intelligence systemGenerative artificial intelligence systemThe term "generative artificial intelligence system" means any system that uses artificial 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 content.Sec. 2(c)(5)'' means any system that uses artificial 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 content. (6) METADATAMetadataThe term "metadata" has the meaning given such term in section 3502 of title 44, United States Code.Sec. 2(c)(6).—The term ''metadataMetadataThe term "metadata" has the meaning given such term in section 3502 of title 44, United States Code.Sec. 2(c)(6)'' has the meaning given such term in section 3502 of title 44, United States Code. (7) PLATFORMPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7).—The term ''platformPlatformThe term "platform" has the meaning given the term "interactive computer service" in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).Sec. 2(c)(7)'' has the meaning given the term ''interactive computer service'' in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).

This subsection defines seven key terms used throughout the Act. The definitions are cross-referenced by the operative provisions and enforcement section. Notably, the definition of AI-generated content includes a materiality threshold — the AI system must have materially altered the meaning or significance a reasonable person would take from the content. The generative artificial intelligence system definition incorporates by reference the AI definition from the John S. McCain NDAA for FY 2019. The platform definition adopts the Communications Act's interactive computer service definition.

Passage Likelihood

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

Legislative History

2023-11-21 Introduced in House
2023-11-21 Referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2023-11-24 Referred to the Subcommittee on Innovation, Data, and Commerce.

Sources

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Entry Last Reviewed

2026-05-15
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