The draft legislation sets out a narrow set of circumstances that would count as imminent catastrophic risk: the creation or release of a biological weapon, a model escaping its developer's controls, or a cyberattack. Anthropic confirmed the bill to Politico through a spokesperson, who said it represents the proposals outlined in the lab's Advanced AI Framework, which it has advocated for with federal and state lawmakers since June.
Under the proposed system, independent evaluators registered with the US Commerce Department would analyse models for potential disaster. They could be paid by the AI labs themselves, provided the payment is not contingent on the evaluation's results. The draft does not spell out how that arrangement would guarantee that money could not influence an evaluator's findings.
If an evaluator determines that an imminent catastrophic risk exists, they would have 72 hours to alert the Commerce Department. The department would then have to ask a judge in Washington, DC to halt the model's release. The legislation would expressly forbid any federal agency from blocking a model's distribution on its own discretion.
The thresholds in the bill, 50 deaths and a billion dollars in damage, mirror definitions of catastrophic risk in California's recently enacted Senate Bill 53. The proposal goes further than some other industry positions: Nvidia chief executive Jensen Huang has argued the AI industry needs no new laws, and many labs have preferred voluntary oversight over mandatory government regulation. Demis Hassabis, chairman of DeepMind, previously suggested the industry create a self-governing body modelled on the financial sector's FINRA.
The draft's focus on biological weapons, cyberattacks and control failures sits somewhat apart from the incidents currently worrying the tech industry. Recent attention has centred on agentic hacking, a rash of cases in which AI programs disobeyed their operators and hacked websites on the open internet. Companies including Anthropic have responded by proposing embedded, supposedly neutral evaluators inside AI organisations, a voluntary system they have pushed as an alternative to binding oversight.
