,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hjid ,,in ,,the ,,house ,,of ,,representatives ,march #bf1 #bjbf,mr4 ,beyer 7for himself1 ,mr4 ,lawler1 and ,ms4 ,jacobs7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to direct the ,federal ,trade ,commission to establish requirements for making information available to the public about the training data and algorithms used in artificial intelligence foundation models1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ai ,foundation ,model ,transparency ,act of #bjbf4 #b4 ,elements of foundation model transparency 7a7 ,establishment of requirements ,not later than #a year after the date of the enactment of this ,act1 the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 the ,secretary of ,commerce1 the ,director of the ,office of ,science and ,technology ,policy1 and other relevant stakeholders 7including standards bodies1 covered entities1 academia1 technology experts1 and advocates for civil rights and consumers71 shall do the following3 7#a7 ,in accordance with section #eec of title #e1 ,united ,states ,code1 promulgate regulations that3 7,a7 ,establish requirements for covered entities with regard to foundation models to improve transparency of training data1 documentation1 testing1 data collection during inference1 and operations of foundation models1 before commercial deployment and during the lifecycle of the system4 7,b7 ,include requirements for a covered entity-- 7i7 to submit specified information related to each foundation model provided by the entity to the ,commission2 and 7ii7 to make publicly available certain information related to each foundation model provided by the entity4 7,c7 ,specify the form and manner in which the information described in subparagraph 7,b77ii7 is made publicly available1 including the following3 7i7 ,information that is required to be made available on the website of a covered entity that relates to any foundation model provided by the entity4 7ii7 ,information that is required to be displayed in a central location on a website hosted by the ,commission1 including1 with respect to a foundation model1 information that is substantially similar to the information required under clause 7i74 7iii7 ,information submitted to the ,commission that is not required to be publicly displayed1 including sensitive or personally identifiable data or information1 or information that would compromise the cybersecurity of the foundation model4 7iv7 ,a requirement for a human-readable and consumer-friendly format to be used with respect to the information described in clause 7i74 7v7 ,a requirement for a machine-readable format to be used with respect to the information described under clause 7ii74 7vi7 ,the ,,url for the central location described in clause 7ii74 7,d7 ,provide an option for a covered entity to be deemed in compliance with some or all of this ,act if the covered entity publishes the information determined to be necessary by the ,commission pursuant to subsection 7a77#a77;,a7 as part of a larger document1 including a system card or model card4 7,e7 ,specify a process for a covered entity to submit the information required under subparagraph 7,b77i7 to the ,commission4 7#b7 ,issue guidance to assist covered entities to comply with the standards established under paragraph 7#a74 7b7 ,information ,to include ,the ,commission shall include in the regulations promulgated pursuant to subsection 7a77#a77;,a71 with respect to a foundation model1 the following information3 7#a7 ,a sufficiently detailed summary of the sources of training data1 how training data is collected1 and whether and how data is collected and retained during inference4 7#b7 ,a broad description of the size and composition of such training data1 including types of demographic information1 language information1 and other attribute information1 while accounting for privacy4 7#c7 ,a description of data governance procedures4 7#d7 ,a description of the intended purposes and foreseen limitations or risks of the foundation model1 an overview of past edits to such model1 the version and date of release of such model1 the knowledge cutoff date of the training data of such model1 and information on adverse incident monitoring and response procedures4 7#e7 ,a list of or information about languages supported by the model4 7#f7 ,a description of the efforts of the covered entity to align the foundation model and the transparency of such model with-- 7,a7 the ,,ai ,risk ,management ,framework 7or any successor framework7 of the ,national ,institute of ,standards and ,technology2 7,b7 a similar ,federal ,government-approved consensus technical standard2 or 7,c7 the model specification of any covered entity1 including intended model behavior or outcomes and guardrails for the model4 7#g7 ,performance under evaluation1 either self-driven or through audit1 on public or industry standard benchmarks1 including what precautions the foundation model takes to answer or respond to situations with higher levels of risk of providing inaccurate or harmful information1 including1 if such model responds to such questions1 relating to the following3 7,a7 ,medical1 health1 or healthcare questions4 7,b7 ,biological1 chemical1 radiological1 or nuclear weapons4 7,c7 ,national security4 7,d7 ,cybersecurity4 7,e7 ,threats to critical infrastructure4 7,f7 ,elections4 7,g7 ,law enforcement4 7,h7 ,financial loan or housing decisions4 7,i7 ,education4 7,j7 ,employment or hiring decisions4 7,k7 ,public services4 7,l7 ,information relating to vulnerable populations1 including minors and seniors4 7#h7 ,information on the computational power used to train and operate a foundation model4 7c7 ,exemptions for specific types of foundation models ,a fully open-source model is exempt from the regulations promulgated by the ,commission pursuant to subsection 7a74 7d7 ,consideration of alternative provisions for downstream foundation models ,in promulgating the regulations and issuing the guidance required by subsection 7a71 the ,commission shall require that a covered entity foundation model that is derived from or built upon another covered entity foundation model1 including through the use of an application programming interface-- 7#a7 shall publicly provide a ,,url to the transparency disclosure website of the base foundation model if the base model is in compliance with the regulations promulgated in subsection 7a72 and 7#b7 shall comply with regulations promulgated in subsection 7a7 related to any significant change1 retraining1 or adaptation from such base foundation model4 7e7 ,alternative provisions for certain covered entities ,the ,commission shall establish a plan to assist small businesses and new businesses that are covered entities with compliance with the regulations promulgated pursuant to subsection 7a7 and to reduce the burdens imposed by such regulations1 including by3 7#a7 ,publishing guidance for compliance1 including sample guidance and a machine-readable template1 to be jointly developed by the ,commission and the ,director of the ,national ,institute for ,standards and ,technology1 for such covered entities to use that will facilitate compliance with such regulations4 7#b7 ,providing one three-month grace period beginning on the date on which a small business or new business becomes a covered entity during which such covered entity is not subject to penalties under this ,act or any regulation promulgated pursuant to this ,act4 7#c7 ,providing a qualified1 technically proficient representative to meet on multiple occasions during such grace period with such covered entity to provide guidance to assist the covered entity with compliance with the regulations promulgated pursuant to subsection 7a74 7f7 ,foundation model resources page required ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall establish a web page on the website of the ,commission that includes recommendations on foundation model transparency for foundation model developers or downstream deployers of a foundation model that are not covered entities1 including recommended resources such as the ,,ai ,risk ,management ,framework of the ,national ,institute of ,standards and ,technology4 7g7 ,permitted redactions 7#a7 ,in general ,if a covered entity publishes documents or submits information to the ,commission to comply with this ,act1 the covered entity may make redactions to those documents that are necessary-- 7,a7 to protect the cybersecurity and security of the covered entity or model1 public safety1 or the national security of the ,united ,states2 or 7,b7 to comply with any ,federal law4 7#b7 ,identification of redactions ,any redaction shall be briefly identified and justified in the publication or submission4 7h7 ,applicability of regulations ,the regulations required by subsection 7a77#a7 shall apply beginning on the date that is #ij days after the date on which the ,commission promulgates such regulations4 7i7 ,updates ,not later than #a year after the date on which the ,commission promulgates the regulations required by subsection 7a77#a71 and annually thereafter1 the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,secretary of ,commerce1 shall assess the requirements established by the regulations and update the regulations to incorporate any necessary update to such requirements4 7j7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of a regulation promulgated under subsection 7a77#a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission ,except as provided in subsection 7l77#c77;,c7-- 7,a7 the ,commission shall enforce the regulations promulgated under subsection 7a77#a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section2 7,b7 any covered entity that violates a regulation promulgated under subsection 7a77#a7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act2 and 7,c7 the ,commission shall provide covered entities with notice that they are covered entities not less than fourteen days before taking any enforcement action4 7k7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall submit to the ,committee on ,energy and ,commerce and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the establishment1 implementation1 and enforcement of the regulations issued pursuant to subsection 7a77#a74 7l7 ,definitions ,in this section3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given that term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja2 ,public ,law #aaf-bhc74 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered entity 7,a7 ,in general ,the term covered entity means any person1 partnership1 or corporation described in subparagraph 7,c7 that provides use of or services from a foundation model which does any of the following3 7i7 ,exhibits1 or could be easily modified to exhibit1 high levels of performance at tasks that could pose a significant risk to security1 national economic security1 consumer protection1 civil rights1 national public health or safety1 or any combination of those matters4 7ii7 ,has1 in aggregate1 over #aj1jjj1jjj monthly users1 including users of second party entities that use such model4 7iii7 ,has in aggregate1 over #aj1jjj1jjj monthly foundation model download instances if the model is typically downloaded once for use by a user4 7iv7 ,was trained using a quantity of computing power greater than #ajbf integer or floating point operations1 including computing used by the entity for the original training run and for any subsequent fine-tuning1 reinforcement learning1 or other material modifications the entity applies4 7,b7 ,updating of thresholds ,the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 the ,secretary of ,commerce1 and the ,director of the ,office of ,science and ,technology ,policy1 may1 by regulation promulgated in accordance with section #eec of title #e1 ,united ,states ,code1 update the number of monthly output instances for purposes of subparagraph 7,a77i71 the number of monthly users for purposes of subparagraph 7,a77ii71 the number of monthly foundation model download instances for purposes of subparagraph 7,a77iii71 or the quantity of computing power for purposes of subparagraph 7,a77iv7 as the ,commission considers appropriate4 7,c7 ,persons1 partnerships1 and corporations described ,the persons1 partnerships1 and corporations described in this subparagraph are-- 7i7 any person1 partnership1 or corporation over which the ,commission has jurisdiction under section #e7;a77#b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77#b772 and 7ii7 notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd2 #de7;a77#b72 #df7 or any jurisdictional limitation of the ,commission-- 7,i7 any common carrier subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 and 7,,ii7 any organization not organized to carry on business for its own profit or that of its members4 7#d7 ,critical infrastructure ,the term critical infrastructure has the meaning given that term in subsection 7e7 of the ,critical ,infrastructures ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7#e7 ,foundation model 7,a7 ,in general ,the term foundation model means an artificial intelligence model that meets the following requirements3 7i7 ,is trained on broad data4 7ii7 ,generally uses self-supervision4 7iii7 ,generally contains at least #a1jjj1jjj1jjj parameters4 7iv7 ,is designed for generality of output4 7v7 ,is generally applicable across a wide range of contexts1 adaptable to a wide range of tasks1 or can issue a wide range of outputs in response to inferences4 7,b7 ,effect of technical safeguards ,the term foundation model includes an artificial intelligence model otherwise described in subparagraph 7,a7 even if such model is provided to users with technical safeguards that attempt to prevent users from taking advantage of any relevant capabilities that may be unsafe for consumer use4 7#f7 ,inference ,the term inference means1 with respect to a foundation model1 when such foundation model is operated by a user to produce a result4 7#g7 ,minor ,the term minor means any individual under the age of #ah years4 7#h7 ,new business ,the term new business means a startup or other new business that has been in operation for less than #a year4 7#i7 ,senior ,the term senior means an individual who is #fe years of age or older4 7#aj7 ,small business ,the term small business has the meaning given the term small business concern in section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a774 7#aa7 ,training data ,the term training data means1 with respect to a foundation model1 the data on which such foundation model was trained4