TRAIN Act

Creates an administrative subpoena process for copyright owners to request disclosure of records from AI developers, identifying copyrighted works used in AI training. Permits legal action if AI developers fail to comply, establishing a rebuttable presumption of infringement.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Competitive dynamics
  • Governance failure
  • Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of risk domains, with primary focus on intellectual property protection mechanisms rather than AI safety or harm prevention. Coverage is limited to governance structures (6.5) and competitive dynamics (6.4), with implicit references to transparency issues (7.4). The document does not substantively address AI-related harms, safety failures, or societal risks.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Scientific Research & Development Services

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Arts, Entertainment & Recreation
  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector, specifically AI developers and deployers of generative AI models. It also has implications for sectors that hold copyrights, particularly Arts, Entertainment, and Recreation, as well as Professional and Technical Services where copyright ownership is common.

Legislative Status

Hard Law

Legislative Status Summary

This is a proposed federal statute with binding legal obligations, enforcement mechanisms through federal courts, and mandatory compliance requirements using 'shall' language throughout.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress; Senate and House of Representatives of the United States of America
  • Summary: The document is explicitly proposed by Congress as indicated in the opening text 'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled'.

Target

  • Entity Types: AI_Developer
  • Entities: model developer or deployer; person that develops or deploys a generative artificial intelligence model
  • Summary: The document explicitly targets 'model developer or deployer' defined as 'a person that develops or deploys a generative artificial intelligence model' who must comply with subpoenas for disclosure of training data records.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: United States district court; clerk of any United States district court
  • Summary: The document designates United States district courts as the enforcement authority, with clerks issuing subpoenas and courts enforcing compliance through Federal Rules of Civil Procedure.

Monitor

  • Entity Types: Affected_Stakeholder
  • Entities: legal or beneficial owner of an exclusive right under a copyright; person authorized to act on the owner's behalf
  • Summary: Copyright owners and their authorized representatives are empowered to monitor compliance by requesting subpoenas and receiving disclosure of training data records to determine if their copyrighted works were used.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Collect and Process Data
  • Build and Use Model

AI Lifecycle Summary

The document focuses primarily on the 'Collect and Process Data' stage by requiring disclosure of training data used in AI models. It also implicitly covers 'Build and Use Model' through references to model training processes.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Models
  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly defines and covers 'artificial intelligence model' and 'generative artificial intelligence model' with specific technical definitions. It does not mention frontier AI, general purpose AI, foundation models, or compute thresholds. The focus is specifically on generative AI models used for training.

https://www.congress.gov/bill/118th-congress/senate-bill/5379/text
https://agora.eto.tech/instrument/1924
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Document data from AGORA, CSET Emerging Technology Observatory.