S.Amdt. 2201

SA 2201. Ms. KLOBUCHAR (for herself and Ms. Murkowski) submitted an
amendment intended to be proposed by her to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

DIVISION _--AI TRANSPARENCY IN ELECTIONS

SEC. _0001. SHORT TITLE.

This division may be cited as the AI Transparency in
Elections Act of 2024.

SEC. _0002. REQUIRING DISCLAIMERS ON ADVERTISEMENTS
CONTAINING CONTENT SUBSTANTIALLY GENERATED BY
ARTIFICIAL INTELLIGENCE.

(a) Requirement.--Section 318 of the Federal Election
Campaign Act of 1971 ( 52 U.S.C. 30120) is amended by adding
at the end the following new subsection:
``(e) Special Disclaimer for Covered Communications
Containing Content Substantially Generated by Artificial
Intelligence.--
``(1) Definitions.--For purposes of this subsection:
``(A) Covered communication.--
``(i) In general.--The term `covered communication' means a
communication through any broadcasting station, newspaper,
magazine, outdoor advertising facility, mailing, telephone
bank, internet or other digital medium, or any other type of
general public political advertising that--

``(I) expressly advocates for or against the nomination or
election of a candidate;
``(II) refers to a candidate at any time during the period
beginning 120 days before the date of a primary election or
nominating caucus or convention and ending on the date on
which a general election occurs; or
``(III) solicits a contribution for a candidate or
political committee or any other person who makes
disbursements for communications described in subclause (I)
or (II).

``(ii) Voice and likeness.--A communication that invokes
the likeness or voice of a candidate shall be treated as a
communication that refers to such candidate.
``(B) Generative artificial intelligence.--The term
`generative artificial intelligence' means artificial
intelligence technology that uses machine learning (including
deep-learning models, natural language processing, or other
computational processing techniques of similar or greater
complexity) to generate text, images, audio, video, or other
media.
``(C) Substantially generated by artificial intelligence.--
``(i) In general.--The term `substantially generated by
artificial intelligence' means an image, audio, or video that
was created or materially altered using generative artificial
intelligence.
``(ii) Exception.--Such term does not include an image,
audio, or video that--

``(I) has only minor alterations by generative artificial
intelligence (including cosmetic adjustments, color editing,
cropping, resizing, and other immaterial uses); and
``(II) does not create a fundamentally different
understanding than a reasonable person would have from an
unaltered version of the media.

``(2) Requirement.--When a person makes a disbursement for
the purpose of financing a covered communication containing
an image, audio, or video that was substantially generated by
artificial intelligence, the covered communication shall
include, in a clear and conspicuous manner, a statement that
the covered communication contains such an image, audio, or
video.
``(3) Safe harbor for determining clear and conspicuous
manner.--A statement required under this subsection shall be
considered to be made in a clear and conspicuous manner if
the statement meets the following requirements:
``(A) Image covered communications.--In the case of an
image that is a covered communication, the statement--
``(i) appears in letters at least as large as the majority
of the text in the covered communication or otherwise meets
the requirements under subsection (c)(1);
``(ii) meets the requirements of paragraphs (2) and (3) of
subsection (c);
``(iii) states that the covered communication was created
or materially altered by artificial intelligence; and
``(iv) is permanently affixed to the covered communication.
``(B) Audio covered communications.--In the case of an
audio covered communication, the statement--
``(i) is spoken in a clearly audible and intelligible
manner at the beginning or end of the covered communication
and lasts not fewer than 4 seconds; and
``(ii) includes the following audio statement in a clearly
spoken manner: `___________