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Code · BILL · 118th Congress · S. 3312 (Reported in Senate) — To provide a framework for artificial intelligence innovation and accountability, and for other purposes. · Sec. 208

Sec. 208. Enforcement

381 words·~2 min read·/bill/118/s/3312/rs/section-208

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Upon discovering noncompliance with a provision of this Act by a deployer of a high-impact artificial intelligence system or a critical-impact AI organization if the Secretary determines that actions taken by the critical-impact AI organization are insufficient to remedy the noncompliance, the Secretary shall take an action described in this section. The Secretary may impose a penalty described in paragraph
(2)on deployer of a high-impact artificial intelligence system or a critical-impact AI organization for each violation by that entity of this Act or any regulation or order issued under this Act. The penalty described in this paragraph is the greater of— an amount not to exceed $300,000; or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed. If the Secretary determines that a deployer of a high-impact artificial intelligence system or a critical-impact AI organization intentionally violates this Act or any regulation or order issued under this Act, the Secretary may prohibit the critical-impact AI organization from deploying a critical-impact artificial intelligence system. A prohibition imposed under paragraph
(1)shall be in addition to any other civil penalties provided under this Act. The Secretary may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and such mitigating factors as the violator’s record of cooperation with the Secretary in disclosing the violation. Upon referral by the Secretary, the Attorney General may bring a civil action in a United States district court to— enjoin a violation of section 207; or collect a civil penalty upon a finding of noncompliance with this Act. A civil action may be brought under paragraph
(1)in the judicial district in which the violation occurred or the defendant is found, resides, or does business. Process in a civil action under paragraph
(1)may be served in any judicial district in which the defendant resides or is found. Nothing in this section shall be construed to require a developer of a critical-impact artificial intelligence system to disclose any information, including data or algorithms— relating to a trade secret or other protected intellectual property right; that is confidential business information; or that is privileged.
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