S. 5471 — AI Systems Transparency Act

This section defines terms used in the Act, including AI red-teaming, artificial intelligence model, artificial intelligence system, cloud provider, covered deployer, covered model, covered platform, covered system, developer, generative artificial intelligence model, minor (under 18 years of age), open weight model, open source model, senior (65 years of age or older), and substantial modifier.

This section directs the Commission, in consultation with the Director of the National Institute of Standards and Technology, to issue guidance within 150 days of enactment on when development or updates create a distinct generative artificial intelligence model. It also requires regulations establishing criteria to designate covered models or deployments based on user thresholds and significant risks to minors, vulnerable users, or the public, with public written findings and at least 30 days’ notice to developers before designations take effect.

This section directs the Federal Trade Commission, in consultation with the National Institute of Standards and Technology and agencies including HHS, SAMHSA, and NIMH, to issue regulations within 150 days of enactment requiring developers of covered artificial intelligence models to make two public disclosures: one consumer-oriented and one detailed for independent researchers. The disclosures must cover safety protocols for minors, privacy protections in training data, model capabilities and limitations, intended and prohibited uses, post-training enhancements, and evaluation methods for accuracy, mental health risks, and harmful outputs, and must be accurate, searchable, available via API on the developer’s website, and free of trade secrets.

This section directs the Commission, in consultation with the Director of the National Institute of Standards and Technology, to promulgate regulations within 150 days after enactment establishing disclosure requirements for covered deployers of covered systems, consistent with the requirements for developers of covered models under section 4.

This section treats violations of sections 4 or 5 or regulations under this Act as unfair or deceptive acts or practices under the Federal Trade Commission Act. It authorizes the Commission to enforce the Act using its existing jurisdiction, powers, and penalties, and requires the Commission to issue implementing rules within 1 year of enactment.

This section provides that if any provision of the Act is held unconstitutional, the remainder of the Act and its application to other persons or circumstances remain in effect.