[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6881 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 6881
To direct the Federal Trade Commission to establish standards for
making publicly available information about the training data and
algorithms used in artificial intelligence foundation models, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 22, 2023
Mr. Beyer (for himself and Ms. Eshoo) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To direct the Federal Trade Commission to establish standards for
making publicly available information about the training data and
algorithms used in artificial intelligence foundation models, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AI Foundation Model Transparency Act
of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) With the increase in public access to artificial
intelligence, there has been an increase in lawsuits and public
concerns about copyright infringement, including in court cases
such as the following:
(A) Doe 1 v. GitHub, Inc., No. 22-cv-06823, 2023 WL
3449131, at *1 (N.D. Cal. May 11, 2023).
(B) Amended Complaint, Getty Images, Inc. v.
Stability AI, Ltd., No. 23-cv-00135 (D. Del. Mar. 29,
2023).
(C) Andersen v. Stability AI Ltd., No. 23-cv-00201,
2023 WL 7132064, at *1 (N.D. Cal. Oct. 30, 2023).
(2) Public use of foundation models has led to countless
instances of the public being presented with inaccurate,
imprecise, or biased information during inference, based on
limited training data, limited model training mechanisms, or a
lack of disclosures about the training data composition or
foundation model training procedures, including in facial
recognition technology usage, artificial intelligence
inferences relating to health, artificial intelligence
inferences relating to loan granting and housing approval, and
more.
(3) Transparency with respect to high-impact foundation
models has become increasingly necessary, including to assist
copyright owners with enforcing their copyright protections and
to promote consumer protection.
(4) While not compromising the intellectual property rights
of those who develop and deploy foundation models, users should
be equipped with the information necessary to enforce their
copyright protections and to make informed decisions about such
foundation models.
SEC. 3. FOUNDATION MODEL DATA SOURCE AND TRAINING TRANSPARENCY.
(a) Establishment of Standards.--Not later than 9 months after the
date of the enactment of this Act, the Commission shall--
(1) in accordance with section 553 of title 5, United
States Code, promulgate regulations that establish standards
specifying information to improve the transparency of
foundation models by covered entities with respect to training
data, model documentation, data collection in inference, and
operations of foundation models; and
(2) issue guidance to assist covered entities in complying
with the standards established under paragraph (1).
(b) Consultation.--In establishing the standards and issuing the
guidance required by subsection (a), the Commission shall consult with
the Director of the National Institute of Standards and Technology, the
Director of the Office of Science and Technology Policy, the Register
of Copyrights, and other relevant stakeholders, including standards
bodies, covered entities, academia, technology experts, and advocates
for civil rights and consumers.
(c) Submission to Commission and Public Availability of
Information.--The standards established under subsection (a)(1) shall
include requirements, with respect to a foundation model, for--
(1) what information specified under such subsection shall
be submitted to the Commission by the covered entity that
provides such model; and
(2) what information specified under such subsection shall
be made publicly available by the covered entity that provides
such model.
(d) Form and Manner.--The standards established under subsection
(a)(1) shall specify the form and manner in which certain information
specified under such subsection, selected at the discretion of the
Commission, in consultation with the Director of the National Institute
of Standards and Technology and the other actors described in
subsection (b), shall be made publicly available by covered entities,
including--
(1) what information shall be made available on the website
of a covered entity that relates to any foundation model
provided by such covered entity;
(2) what information shall be displayed in a central
location on a website hosted by the Commission, which shall
include, with respect to a foundation model, information that
is substantially similar to the information required under
paragraph (1) to be made available on the website of the
covered entity that provides such model;
(3) that a machine-readable format shall be used with
respect to the information specified under paragraphs (1) and
(2);
(4) the URL at which the information specified under
paragraph (2) shall be hosted by the Commission; and
(5) such additional specifications as the Commission
considers appropriate.
(e) Process.--The standards established under subsection (a)(1)
shall specify a process by which the information required under
subsection (c)(1) shall be submitted to the Commission.
(f) Information To Be Considered.--The Commission shall consider
specifying in the standards established under subsection (a)(1), with
respect to a foundation model, the following information:
(1) The sources of training data (including, as applicable,
personal data collection and information necessary to assist
copyright owners or data license holders with enforcing their
copyright or data license protections) and whether and how data
is collected and retained during inference.
(2) A description of the size and composition of such
training data, including broad demographic information,
language information, and other attribute information, while
accounting for privacy.
(3) Information on data governance procedures, including
how such training data was edited or filtered.
(4) How such training data was labeled, and information
regarding how the validity of the labeling process was
assessed.
(5) A description of the intended purposes and foreseen
limitations or risks of the foundation model, an overview of
past edits to such model, the version of such model, and the
date of release of such model.
(6) A description of the efforts of the covered entity to
align the foundation model and the transparency of such model
with--
(A) the AI Risk Management Framework (or any
successor framework) of the National Institute of
Standards and Technology; or
(B) a similar Federal Government-approved consensus
technical standard.
(7) Performance under evaluation, either self-driven or
through audit, on public or industry standard benchmarks,
including what precautions the foundation model takes to answer
or respond to situations with higher levels of risk of
providing inaccurate or harmful information, including, if such
model responds to such questions, relating to the following:
(A) Medical, health, or healthcare questions.
(B) Biological or chemical synthesis.
(C) Cybersecurity.
(D) Elections.
(E) Policing, including predictive policing.
(F) Financial loan decisions.
(G) Education.
(H) Employment or hiring decisions.
(I) Public services.
(J) Information relating to vulnerable populations,
including children and protected classes.
(8) Information on the computational power used to train
and operate the foundation model.
(9) Any other information determined necessary by the
Commission, in consultation with the Director of the National
Institute of Standards and Technology, to improve transparency
of foundation models.
(g) Consideration of Alternative Provisions for Specific Types of
Foundation Models.--In establishing the standards and issuing the
guidance required by subsection (a), the Commission shall consider
whether to include alternative provisions for--
(1) open-source foundation models; or
(2) foundation models that are a derivation of or built
upon another foundation model, having been retrained or adapted
from such other foundation model to any extent.
(h) Applicability.--The regulations required by subsection (a)(1)
shall apply beginning on the date that is 90 days after the date on
which the Commission promulgates such regulations.
(i) Updates.--Not later than 2 years after the date on which the
Commission promulgates the regulations required by subsection (a)(1),
and not less often than annually thereafter, the Commission, in
consultation with the Director of the National Institute of Standards
and Technology, shall assess the standards established by such
regulations and update such regulations so as to incorporate
appropriate updates (if any) to such standards.
(j) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
a regulation promulgated under subsection (a)(1) shall be
treated as a violation of a regulation under section
18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2) Powers of commission.--Except as provided in subsection
(m)(3)(C)--
(A) the Commission shall enforce the regulations
promulgated under subsection (a)(1) 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 section; and
(B) any covered entity that violates a regulation
promulgated under subsection (a)(1) shall be subject to
the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission
Act.
(k) Report.--Not later than 2 years after the date of the enactment
of this Act, the Commission shall submit to the Committee on Energy and
Commerce and the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the establishment,
implementation, and enforcement of the standards required by subsection
(a)(1).
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission to carry out this section--
(1) $10,000,000 for fiscal year 2025; and
(2) $3,000,000 for each fiscal year thereafter.
(m) Definitions.--In this section:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given such term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401; enacted as division E of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283)).
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered entity.--
(A) In general.--The term ``covered entity'' means
any person, partnership, or corporation described in
subparagraph (C) that provides--
(i) use of or services from a foundation
model which generates, in aggregate, over
100,000 monthly output instances (whether text,
images, video, audio, or other modality),
including output instances generated from use
by users of second party entities that use such
model; or
(ii) use of or services from a foundation
model which has, in aggregate, over 30,000
monthly users, including users of second party
entities that use such model.
(B) Updating of thresholds.--The Commission, in
consultation with the Director of the National
Institute of Standards and Technology and the Director
of the Office of Science and Technology Policy, may, by
regulation promulgated in accordance with section 553
of title 5, United States Code, update the number of
monthly output instances for purposes of subparagraph
(A)(i) or the number of monthly users for purposes of
subparagraph (A)(ii), as the Commission considers
appropriate.
(C) Persons, partnerships, and corporations
described.--The persons, partnerships, and corporations
described in this subparagraph are--
(i) any person, partnership, or corporation
over which the Commission has jurisdiction
under section 5(a)(2) of the Federal Trade
Commission Act (15 U.S.C. 45(a)(2)); and
(ii) notwithstanding section 4, 5(a)(2), or
6 of the Federal Trade Commission Act (15
U.S.C. 44; 45(a)(2); 46) or any jurisdictional
limitation of the Commission--
(I) any common carrier subject to
the Communications Act of 1934 (47
U.S.C. 151 et seq.) and all Acts
amendatory thereof and supplementary
thereto; and
(II) any organization not organized
to carry on business for its own profit
or that of its members.
(4) Foundation model.--
(A) In general.--The term ``foundation model''
means an artificial intelligence model that--
(i) is trained on broad data;
(ii) generally uses self-supervision;
(iii) generally contains at least
1,000,000,000 parameters;
(iv) is applicable across a wide range of
contexts; and
(v) exhibits, or could be easily modified
to exhibit, high levels of performance at tasks
that could pose a serious risk to security,
national economic security, national public
health or safety, or any combination of those
matters.
(B) Effect of technical safeguards.--The term
``foundation model'' includes an artificial
intelligence model otherwise described in subparagraph
(A) even if such model is provided to users with
technical safeguards that attempt to prevent users from
taking advantage of any relevant unsafe capabilities.
(5) Inference.--The term ``inference'' means, with respect
to a foundation model, when such foundation model is operated
by a user to produce a result.
(6) Training data.--The term ``training data'' means, with
respect to a foundation model, the data on which such
foundation model was trained.
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