Association Submits Comments to Commerce Department on AI Accountability Policy

HR Policy Association submitted comments, based on member input, to the Commerce Department to inform the agency’s forthcoming report on AI accountability policies.

The Commerce Department’s National Telecommunications and Information Administration (NTIA) request for comment solicits input regarding the role of government policy and regulation in overseeing AI and what types of accountability measures should be mandated by government agencies.

The Association recommended the following approaches as the agency pursues policy development:

• Avoid adopting a one-size-fits-all approach. AI is being used in markedly different ways by companies with regard to workplace matters and hiring practices. As such, regulators should avoid adopting a rigid approach towards overseeing and regulating AI, particularly those aspects which are used by employers to improve the productivity and diversity of their workforces.
  
  
• Allow for the rapid growth of AI and encourage innovation. Policymakers must consider the accelerated growth of AI when developing rules or guidance to oversee its use in the economy. Regulations should promote innovation in AI technology and be adaptable as its use evolves, to avoid becoming stale over time.
  
  
• Align new guidelines with existing government policies and employer practices. The use of technology in the employment context is already subject to extensive regulation. When possible, policymakers should align any new guidelines or standards with existing government policies and commonly adopted employer best practices.

NTIA’s request also sought public input as to whether audits or assessments should be included in accountability mechanisms for AI systems. The Association urged NTIA to refrain from requiring employers to undertake third party assessments or audits. Furthermore, the Association noted that mature, auditable, and accepted standards to evaluate bias and fairness of AI systems do not yet exist.

Outlook: With the frenzy over generative AI continuing to grow, and more prescriptive regulatory approaches in the European Union and elsewhere, the Biden administration is trying to get a head start on a government response to the fast-moving industry. The NTIA will use information gained from the comments, along with other public engagement on this topic, to draft and issue a report on AI accountability policy development, focusing especially on the AI assurance ecosystem. The timing of when the NTIA will issue its report is not clear at this time. Meanwhile, in Congress there is also bipartisan interest in pursuing legislation in this area. The Association will keep members informed of any developments.

The Association is hosting a webinar, Artificial Intelligence: Benefits, Risks, and HR Implications on June 26 from 12:00 – 1:15 p.m. ET. Dr. Travis Hall, Acting Deputy Associate Administrator of the NTIA is a panelist along with Christina Montgomery, Vice President and Chief Privacy & Trust Officer at IBM and Dave Sohigian, Global CTO at Workday.