WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
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.
This Act may be cited as the ‘‘AI Systems Transparency Act’’.
Establishes the short title of the Act as the AI Systems Transparency Act. No compliance obligations arise from this section.
(1)–(22) In this Act: (1) AI RED-TEAMINGAI red-teamingThe term ''AI red-teaming'' means a structured testing effort to find flaws and vulnerabilities of an AI system, often performed— (A) in a controlled environment and in collaboration with the developers of the AI system; and (B) by dedicated teams that adopt adversarial methods to identify any flaws or vulnerabilities of the AI system, which may include harmful or discriminatory outputs, unforeseen or undesirable system behaviors, limitations, and potential risks associated with misuse.Section 2(1).—The term ''AI red-teamingAI red-teamingThe term ''AI red-teaming'' means a structured testing effort to find flaws and vulnerabilities of an AI system, often performed— (A) in a controlled environment and in collaboration with the developers of the AI system; and (B) by dedicated teams that adopt adversarial methods to identify any flaws or vulnerabilities of the AI system, which may include harmful or discriminatory outputs, unforeseen or undesirable system behaviors, limitations, and potential risks associated with misuse.Section 2(1)'' means a structured testing effort to find flaws and vulnerabilities of an AI system, often performed— (A) in a controlled environment and in collaboration with the developers of the AI system; and (B) by dedicated teams that adopt adversarial methods to identify any flaws or vulnerabilities of the AI system, which may include harmful or discriminatory outputs, unforeseen or undesirable system behaviors, limitations, and potential risks associated with misuse.
Defines the terms that set the scope of the Act. The key coverage terms are covered model, covered system, covered deployer, developer, and substantial modifier, each keyed off generative artificial intelligence model and user-count thresholds (1,000,000 monthly U.S. users, or 100,000 where minors may create accounts). The vulnerable user definition (minor, senior, person with a disability, or person in a mental health crisis) drives the bill's heightened safety-disclosure focus.
This section is definitional and imposes no independent obligation.
(a) MODEL VERSIONING.—Not later than 150 days after the date of enactment of this Act, the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5), in consultation with the Director of the National Institute of Standards and Technology, shall issue guidance regarding when a developerDeveloperThe term ‘‘developer’’— (A) means an entity that initially builds, designs, codes, produces, pre-trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely— (i) a deployer of the artificial intelligence system; or (ii) a substantial modifier of the artificial intelligence system.Section 2(10) has produced a distinct generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11) through— (1) development, including novel pre-training of a model architecture; or (2) any update to, or improvement or iteration of, an existing generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11).
(b)(1) DESIGNATION PROCESS.— (1) IN GENERAL.—Not later than 150 days after the date of enactment of this Act, the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5), in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations in accordance with section 553 of title 5, United States Code, to establish criteria— (A) to determine when a deployment of a generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11) is expected to have sufficient users to meet the criteria described in— (i) paragraph (6) of section 2 for a deployer to be considered a covered deployerCovered deployerThe term ‘‘covered deployer’’ means an entity that operates a covered system which— (A) for the majority of the months in any 1-year period, has, or is expected to have, not fewer than 1,000,000 unique monthly users in the United States; or (B) allows minors to create accounts or profiles and has, or is expected to have, not fewer than 100,000 unique monthly users in the United States.Section 2(6); or (ii) paragraph (7) of section 2 for a generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11) to be considered a covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7); and (B) to designate a generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11) or a particular deployment of a generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11) as a covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) or covered systemCovered systemThe term ‘‘covered system’’ means a covered model or collection of covered models, together with any software component or infrastructure that— (A) are deployed as an integrated unit; and (B) operate in a coordinated manner to— (i) handle different tasks or modalities; or (ii) materially augment or enhance the capabilities of the covered model.Section 2(9), based on a determination that it poses a significant risk to safety of minorsMinorThe term ‘‘minor’’ means an individual that has not attained 18 years of age.Section 2(13), vulnerable usersVulnerable userThe term ‘‘vulnerable user’’ means a minor, a senior, an individual with a disability, or an individual experiencing a mental health crisis.Section 2(22), or the public.
(b)(2) REQUIREMENTS.—In establishing the criteria to make a designation under paragraph (1)(B), the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5), in consultation with the Director of the National Institute of Standards and Technology, shall do the following: (A) Consider the capabilities of the generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11), the contexts in which the model is deployed or reasonably likely to be deployed (including the degree of access by vulnerable usersVulnerable userThe term ‘‘vulnerable user’’ means a minor, a senior, an individual with a disability, or an individual experiencing a mental health crisis.Section 2(22)), and the severity and reversibility of the harms reasonably foreseeable from those capabilities. (B) Accompany any such designation with written findings, which shall be made publicly available. (C) Provide the developer of the model or the deployer of the system with written notice and not fewer than 30 days to respond before any such designation takes effect, except that a designation may take effect immediately upon a finding by the Commission of imminent and significant risk, in which case the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) shall provide such notice and opportunity to respond not later than 30 days after the effective date and shall confirm, modify, or rescind the designation not later than 60 days after the effective date.
Directs the FTC, in consultation with NIST, to issue guidance within 150 days on when a developer has produced a distinct generative AI model, and to promulgate regulations establishing criteria for when deployments meet the user-count thresholds and for designating a model or deployment as a covered model or covered system based on significant risk to minors, vulnerable users, or the public. This is an agency rulemaking and designation framework rather than a direct industry obligation; the designation process does give covered developers and deployers a procedural right to written notice and at least 30 days to respond before most designations take effect.
Because the operative duties here run to the Commission, this section creates no immediate compliance obligation on regulated entities, though it foreshadows the scope of future obligations.
(a) 2 REGULATIONS.— (1) IN GENERAL.—Not later than 150 days after the date of enactment of this Act, the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5), in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations in accordance with section 553 of title 5, United States Code, requiring each developer of a covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) (including a distinct generative artificial intelligence modelGenerative artificial intelligence modelThe term ‘‘generative artificial intelligence model’’ means an artificial intelligence model that— (A) emulates the structure and characteristics of input data in order to generate derived synthetic data, including images, videos, audio, text, code, and other digital content; (B) is trained on broad data; (C) generally uses self-supervision; (D) is designed for generality of output; and (E) is generally applicable across a wide range of contexts, adaptable to a wide range of tasks, or can issue a wide range of outputs in response to inferences.Section 2(11) that meets the definition of a covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7)) to make publicly available the information described in subsections (b) and (c).
(b)(1)(A) 3 INITIAL PUBLIC DISCLOSURE.— (1) IN GENERAL.—The information described in this subsection shall include the following: (A) Information relating to consumer transparency, safety protocols for vulnerable usersVulnerable userThe term ‘‘vulnerable user’’ means a minor, a senior, an individual with a disability, or an individual experiencing a mental health crisis.Section 2(22), and other practices associated with the covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7).
(b)(1)(B)–(C) 3 System overviews of the covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7), including— (i) a high-level description of the intended, unintended, and prohibited uses of the covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7), as reasonably anticipated by the developerDeveloperThe term ‘‘developer’’— (A) means an entity that initially builds, designs, codes, produces, pre-trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely— (i) a deployer of the artificial intelligence system; or (ii) a substantial modifier of the artificial intelligence system.Section 2(10); (ii) a high-level description, including abilities and limitations, of the covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7); (iii) if applicable, a high-level overview of any difference between the covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) that is the subject of the disclosure and most recent previous version of the covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7).
(b)(1)(D) 4 Information relating to safety, security, and evaluation protocols and practices associated with the covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7), including— (i) a high-level overview of procedures or guiding principles for determining what constitutes desirable model behavior, ensuring desirable covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) behavior, and preventing undesirable covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) behavior; (ii) a description of methods or approaches used to evaluate and mitigate risk.
(b)(2) 3 TIMING OF DISCLOSURE.—After the date on which the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) issues guidance under section 3, a developerDeveloperThe term ‘‘developer’’— (A) means an entity that initially builds, designs, codes, produces, pre-trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely— (i) a deployer of the artificial intelligence system; or (ii) a substantial modifier of the artificial intelligence system.Section 2(10) shall make publicly available the information described in paragraph (1)— (A) with respect to the most recent version of a covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) released to the public during the 2-year period before such date, not later than 90 days after such date; (B) with respect to a covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) released on or after such date, concurrent with such release.
(c) 5 SUBSEQUENT PUBLIC DISCLOSURES.— (1) REQUIREMENT.—The information described in paragraph (2), with respect to a covered modelCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7), shall be made available to the public at such time, as determined by the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5), and on an ongoing basis until the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) determines that such disclosure is no longer necessary.
(d) SPECIAL RULES FOR DISCLOSURES.— (1) IN GENERAL.—With respect to any disclosure required under clause (iii) or (vi) of subsection (b)(1)(D) or under subsection (c)(2)(B)(ii), such requirement shall not be interpreted to require a developerDeveloperThe term ‘‘developer’’— (A) means an entity that initially builds, designs, codes, produces, pre-trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely— (i) a deployer of the artificial intelligence system; or (ii) a substantial modifier of the artificial intelligence system.Section 2(10) to disclose any information that, as determined by the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5)— (A) would compromise cybersecurity practices or protections or safety practices or protections of the developerDeveloperThe term ‘‘developer’’— (A) means an entity that initially builds, designs, codes, produces, pre-trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely— (i) a deployer of the artificial intelligence system; or (ii) a substantial modifier of the artificial intelligence system.Section 2(10); or (B) could provide material assistance to the development, acquisition, or deployment of chemical, biological, radiological, nuclear, or offensive cyber weapons or capabilities.
(e) 6 REPORTING REQUIREMENT FOR SUBSTANTIAL MODIFIERSSubstantial modifierThe term ‘‘substantial modifier’’ means an entity that significantly alters (as defined by the Commission) the behavior or capabilities of a covered model through post training and inference enhancements.Section 2(20).—Not later than 1 year after the date of enactment of this Act, the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5), in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations in accordance with section 553 of title 5, United States Code, requiring each substantial modifierSubstantial modifierThe term ‘‘substantial modifier’’ means an entity that significantly alters (as defined by the Commission) the behavior or capabilities of a covered model through post training and inference enhancements.Section 2(20) to make publicly available the information described in subsections (b) and (c), as the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) determines appropriate with respect to a substantial modifierSubstantial modifierThe term ‘‘substantial modifier’’ means an entity that significantly alters (as defined by the Commission) the behavior or capabilities of a covered model through post training and inference enhancements.Section 2(20).
(f) RESOURCES.—The CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) shall provide covered platformsCovered platformThe term ‘‘covered platform’’ means a website or software application used to interface with a covered system.Section 2(8) with technical assistance to support compliance with the requirements of this Act, particularly with respect to small and mid-sized platforms, as determined by the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5).
This is the operative core of the Act. It directs the FTC, in consultation with NIST, to promulgate regulations within 150 days requiring each developer of a covered model to publish two public disclosures — a consumer-facing version and a researcher-facing version — that are accurate, materially complete, searchable, API-accessible, and free of trade secrets or national-security-sensitive detail.
The substantive content runs across subsection (b): consumer transparency and vulnerable-user safety protocols (including minor-safety safeguards, CSAM and NCII prevention, privacy and data-use practices, and reporting procedures for self-harm or harm-to-others risk), system overviews (intended/prohibited uses, capabilities and limitations, covered platforms, external-action capability), post-training enhancements, and detailed safety, security, and evaluation protocols (cybersecurity, model-weight exfiltration protections, release criteria, and risk-profile evaluations covering CBRN, offensive-cyber, and autonomous loss-of-control risk, including red-teaming and benchmark performance). Subsection (c) imposes ongoing subsequent-disclosure duties for significant changes and usage data, including CSAM/NCII generation attempts and CBRN/cyber capability overviews. Subsection (d) carves out cybersecurity- and CBRN-sensitive information while barring developers from concealing whether an evaluation was conducted or a general characterization of its results. Subsection (e) extends analogous disclosure duties to substantial modifiers within one year.
7 Not later than 150 days after the date of enactment of this Act, the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5), in consultation with the Director of the National Institute of Standards and Technology, shall promulgate regulations in accordance with section 553 of title 5, United States Code, to establish disclosure requirements for covered deployersCovered deployerThe term ‘‘covered deployer’’ means an entity that operates a covered system which— (A) for the majority of the months in any 1-year period, has, or is expected to have, not fewer than 1,000,000 unique monthly users in the United States; or (B) allows minors to create accounts or profiles and has, or is expected to have, not fewer than 100,000 unique monthly users in the United States.Section 2(6) with respect to covered systemsCovered systemThe term ‘‘covered system’’ means a covered model or collection of covered models, together with any software component or infrastructure that— (A) are deployed as an integrated unit; and (B) operate in a coordinated manner to— (i) handle different tasks or modalities; or (ii) materially augment or enhance the capabilities of the covered model.Section 2(9) consistent with the requirements for developersDeveloperThe term ‘‘developer’’— (A) means an entity that initially builds, designs, codes, produces, pre-trains, or owns an artificial intelligence system for internal use or for use by a third party; and (B) does not include an entity that is solely— (i) a deployer of the artificial intelligence system; or (ii) a substantial modifier of the artificial intelligence system.Section 2(10) of covered modelsCovered modelThe term ''covered model'' means a generative artificial intelligence model, including an open weight model or an open source model, that— (A) either— (i) is accessible to the public through a website, software application, an application programming interface, or a licensure through a cloud provider, including as part of a broader AI system; or (ii) the model weights or architecture of which are made available to the public through the website of a developer, download partners, cloud partners, or software development platform, including in a situation in which accessing such model weights or architecture requires a user to create an account; and (B) is deployed in covered systems, whether deployed by the developer or another deployer, that— (i) together have, or are expected to have, not fewer than 1,000,000 unique monthly users in the United States for a majority of the months in any 1-year period; or (ii) allow minors to create accounts or profiles and that together have, or are expected to have, not fewer than 100,000 unique monthly users in the United States for a majority of the months in any 1-year period.Section 2(7) described in section 4, as determined by the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) to be appropriate for a covered deployerCovered deployerThe term ‘‘covered deployer’’ means an entity that operates a covered system which— (A) for the majority of the months in any 1-year period, has, or is expected to have, not fewer than 1,000,000 unique monthly users in the United States; or (B) allows minors to create accounts or profiles and has, or is expected to have, not fewer than 100,000 unique monthly users in the United States.Section 2(6) with respect to a covered systemCovered systemThe term ‘‘covered system’’ means a covered model or collection of covered models, together with any software component or infrastructure that— (A) are deployed as an integrated unit; and (B) operate in a coordinated manner to— (i) handle different tasks or modalities; or (ii) materially augment or enhance the capabilities of the covered model.Section 2(9).
Directs the FTC, in consultation with NIST, to promulgate regulations within 150 days establishing disclosure requirements for covered deployers of covered systems that are consistent with the section 4 developer disclosure requirements, as the Commission determines appropriate for a deployer. This extends the Act's transparency framework down the supply chain to entities that operate covered systems at the specified user-count thresholds, even where they did not develop the underlying model.
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.—A violation of section 4 or 5 or a regulation promulgated under this Act 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.Section 2(5) Act (15 U.S.C. 57a(a)(1)(B)).
(b) POWERS OF THE COMMISSIONCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5).— (1) IN GENERAL.—The CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) shall enforce this Act 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.Section 2(5) Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) PRIVILEGES AND IMMUNITIES.—Any person who violates section 4 or 5 or a regulation promulgated under this Act 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.Section 2(5) Act (15 U.S.C. 41 et seq.). (3) AUTHORITY PRESERVED.—Nothing in this Act shall be construed to limit the authority of the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) under any other provision of law. (4) RULEMAKING.—Not later than 1 year after the date of enactment of this Act, the CommissionCommissionThe term ‘‘Commission’’ means the Federal Trade Commission.Section 2(5) shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act.
Establishes the enforcement regime. A violation of section 4 or 5 or any regulation promulgated under the Act is treated as a violation of an FTC rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the FTC Act, and the Commission enforces with the same jurisdiction, powers, and duties as under the FTC Act. The section preserves the Commission's other authority and directs a catch-all implementing rulemaking within one year of enactment. No private right of action is created.
If any provision of this Act, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, and the application of the remaining provisions of this Act to any person or circumstance, shall not be affected.
Standard severability clause preserving the remainder of the Act if any provision or application is held unconstitutional. No compliance obligation arises.