AI Transparency in Elections Act of 2024

This bill amends the Federal Election Campaign Act of 1971 to require political advertisements that contain images, audio, or video substantially generated by artificial intelligence to include a clear and conspicuous statement disclosing that fact.

Sec. 2, Requiring disclaimers on advertisements containing content substantially generated by artificial intelligence: This section adds a new subsection to the Federal Election Campaign Act. It defines a 'covered communication' as political advertising that advocates for or against a candidate, refers to a candidate within 120 days before a primary through the general election, or solicits a contribution. 'Generative artificial intelligence' is defined as AI that uses machine learning to generate media. 'Substantially generated by artificial intelligence' means created or materially altered by generative AI, excluding minor alterations like cropping or color editing that do not change the fundamental meaning. If a covered communication contains such AI-generated content, it must include a statement to that effect. The section provides safe harbor rules for what counts as clear and conspicuous: for images, the statement must be in letters at least as large as the majority of text and permanently affixed; for audio, it must be spoken clearly for at least 4 seconds at the beginning or end, naming the person who paid for the communication; for video with audio, both a written statement throughout the video and an audible statement are required. The section also amends enforcement provisions, allowing the Federal Election Commission to impose civil penalties up to $50,000 per covered communication for violations, with a schedule considering prior violations and distribution. Failure to respond to a notice of violation constitutes an admission of the factual allegations. The Federal Election Commission must issue regulations within 90 days, in consultation with the National Institute of Standards and Technology, on criteria for determining if content is substantially generated by AI and on the required statement's contents. The amendments apply to communications made after enactment, regardless of whether regulations are in place.

Sec. 3, Reports: The Federal Election Commission must submit a report to the Senate Committee on Rules and Administration and the House Committee on House Administration within 2 years of enactment, and biannually thereafter, assessing compliance and enforcement of the new disclaimer requirement and recommending any modifications.

Sec. 4, Severability: If any provision of the Act or its application is held unconstitutional, the remainder of the Act and its application to other persons or circumstances shall not be affected.