Text of Senate Amendment 6267

On 2026-06-24, Senator Brian Schatz (D-HI) delivered a floor speech titled "Text Of Senate Amendment 6267" in the Senate.

Text of Senate Amendment 6267

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3423-S3426] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6267. Mr. SCHATZ (for himself and Mr. Curtis) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military [[Page S3424]] personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in subtitle G of title X, insert the following: SEC. ___. AI LABELING. (a) Required Disclosures for Covered AI-generated Content.-- (1) Requirements for providers of generative artificial intelligence systems that produce covered ai-generated content.-- (A) In general.--Each provider of a generative artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces covered AI-generated content shall do the following: (i) Labeling.--The provider shall label the covered AI- generated content with a clear and conspicuous disclosure that-- (I) identifies that the output includes covered AI- generated content; (II) to the extent technically and economically feasible, is accessible to individuals with disabilities; and (III) is embedded in the content. (ii) Machine-readable disclosure.-- (I) In general.--The provider shall bind or embed within the covered AI-generated content a machine-readable disclosure that, at a minimum-- (aa) identifies-- (AA) the content that is covered AI-generated content; (BB) the system and the version used to create or modify the covered AI-generated content; (CC) the date and time the covered AI-generated content was created or modified; and (DD) any other relevant information; and (bb) conforms to or is interoperable with the standards specified by the Commission and the Working Group established under subsection (f). (II) Clarification.--The disclosure required under subclause (I) shall not be required to include the personally-identifiable information of the user of the generative artificial intelligence system. (iii) Detection.--The provider shall ensure that a user or covered online platform can detect, without undue financial burden, that the output generated by the provider's generative artificial intelligence system includes covered AI-generated content and view information required under clause (ii) by-- (I) ensuring that the covered AI-generated content is detectable by one or more widely available detection tools and making available to users or covered online platforms clear instructions on how to access and operate such tools; or (II) if no such detection tool exists, providing to users and covered online platforms access to a tool to enable detection of covered AI-generated content and providing clear instructions on how to access and operate such tool. (iv) Collaboration with covered online platforms.--The provider shall collaborate with any covered online platform to assist the covered online platform in complying with the obligations described in paragraph (2) with respect to any content created or substantially modified by the generative artificial intelligence system of the provider. (B) Exemption for internal use.--The requirements of this paragraph shall not apply to covered AI-generated content produced by a provider of a generative artificial intelligence system if the covered AI-generated content-- (i) is generated or used solely for internal research and development purposes; and (ii) is not intended for public release or commercial deployment. (2) Covered online platforms.--Each covered online platform shall-- (A) ensure that any covered AI-generated content displayed on the platform that incorporates a machine-readable disclosure described in paragraph (1)(A)(ii) is clearly and conspicuously identified as covered AI-generated content; (B) not tamper with or remove any such disclosure, including when such covered AI-generated content is transferred to or otherwise shared to another online platform; (C) provide to any user sharing content the option to make content provenance information specified in paragraph (1)(A)(ii)(I)(aa), as well as any additional user-specified content provenance information, readily available to other users of such platform; (D) make a good faith effort to combat the liar's dividend by implementing strategies recommended by the Commission; and (E) to the extent technically and economically feasible, ensure that information contained in the identification described in subparagraph (A) or content provenance information made available under subparagraph (C) is accessible, including to individuals with disabilities. (3) Artificial intelligence chatbot disclosure.--Each person who, through any means or facility of interstate or foreign commerce, makes available to users an artificial intelligence chatbot shall include a clear and conspicuous disclosure that identifies the system as an artificial intelligence chatbot. (4) Enforcement by the commission.-- (A) Unfair or deceptive acts or practices.--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 Commission Act (15 U.S.C. 57a(a)(1)(B)). (B) Powers of the commission.-- (i) In general.--The Commission 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 Commission 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 Commission Act (15 U.S.C. 41 et seq.). (iii) Authority preserved.--Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (iv) Regulations and guidance.-- (I) Authority to identify exceptions.--The Commission may promulgate regulations in accordance with section 553 of title 5, United States Code, to specify exceptions from the requirements of this subsection, such as for de minimis pieces of content. (II) Establishment of specified safe harbors.-- (aa) In general.--The Commission may specify interoperable standards that comply with the requirements of this subsection. (bb) Deemed compliance.--Each person who makes available a generative artificial intelligence system or covered online platform shall be deemed in compliance with the requirements of this subsection by following the standards established by the Commission under item (aa). (b) Protection of Disclosures.-- (1) Prohibitions.-- (A) Prohibition on fraudulent disclosure.--No person shall knowingly and with the intent or substantial likelihood of deceiving a third party, enable, facilitate, or conceal the circumvention or falsification of a disclosure required under subsection (a), by adding a disclosure, or other information about the provenance of covered AI-generated content, that the person knows to be false. (B) Prohibition on fraudulent distribution.--No person shall knowingly and for financial benefit, enable, facilitate, or conceal the circumvention or falsification of a disclosure required under subsection (a) by knowingly distributing-- (i) covered AI-generated content that does not include the required disclosure; or (ii) non-AI-generated content that includes such disclosure. (C) Prohibition on products and services for circumvention or falsification.--No person shall deliberately manufacture, import, or offer to the public a technology, product, service, device, component, or part thereof that-- (i) is primarily designed or produced and promoted for the purpose of circumventing, removing, or tampering with any disclosure required under subsection (a), or for adding any such disclosure to non-AI-generated content, with the intent or substantial likelihood of deceiving a third party about the provenance of a piece of digital content; (ii) has only limited commercially significant or expressive purpose or use other than to circumvent, remove, or tamper with a disclosure required under subsection (a), or to add any such disclosure to non-AI-generated content, and is promoted for such purposes; or (iii) is marketed by such person or another person acting in concert with such person with the person's knowledge for use in circumventing, removing, or tampering with a disclosure required under subsection (a), or for use in adding any such disclosure to non-AI-generated content, with an intent to deceive a third party about the provenance of a piece of digital content. (2) Exemptions.-- (A) In general.--Nothing in paragraph (1) shall inhibit the ability of any individual to access, read, or review a disclosure or the content provenance or other information contained therein. (B) Exception for nonprofit libraries, archives, and educational institutions.-- (i) In general.--Except as otherwise provided in this paragraph, paragraph (1) shall not apply to a nonprofit library, archives, or educational institution that generates, distributes, or otherwise handles covered AI-generated content. (ii) Commercial advantage, financial gain, or tortious conduct.--The exception described in clause (i) shall not apply to a nonprofit library, archive, or educational institution that willfully, for the purpose of commercial advantage, financial gain, or in furtherance of tortious conduct, violates a prohibition described in paragraph (1), except that such nonprofit library, archive, or educational i