Sen. John Thune (R-SD) Seeks Feedback on Draft Artificial Intelligence Innovation and Accountability Act

Sen. John Thune (R-SD), a key member of the Senate Commerce Committee, has begun to seek feedback from industry and Members on his draft Artificial Intelligence Innovation and Accountability Act, which he aims to formally introduce after the August recess. The measure would reportedly establish a self-certification system to be regulated and enforced by the United States Department of Commerce. The draft legislation would establish the following three categories of AI, each with varying requirements: • Critical High-Impact AI: Under this category—which is defined to include systems that impact biometric identification, management of critical infrastructure, criminal justice, and fundamental rights—companies would adhere to a five-year testing and certification plan established by the Commerce Department. • High-Impact AI: Under this category—which is defined to include systems developed to impact housing, employment, credit, education, places of public accommodation, health care, or insurance in a manner that poses a significant risk to fundamental rights or safety— companies would be required to self-certify under a separate impact assessment. • Generative AI: Under this final category, companies would be subject to self-certification requirements only if a generative AI application meets the definition of critical high-impact or high-impact. Companies would also be required to notify consumers of a platform’s use of generative AI. The draft legislation also reportedly provides for a number of carve outs, including an exemption for companies with less than 500 employees, or those that collect the personal data of less than one million individuals annually.