[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9914 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9914
To establish the applicability of antitrust laws to the sharing of
artificial intelligence frontier model risks, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 23, 2026
Mr. Latta (for himself, Mr. Whitesides, Mr. Obernolte, Mr. Lieu, Mr.
Issa, Mr. Moran, Mr. Harrigan, Mrs. Miller-Meeks, and Mrs. Trahan)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To establish the applicability of antitrust laws to the sharing of
artificial intelligence frontier model risks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Collaboration on Adversarial Threats
and Security Risks Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Antitrust laws.--
(A) In general.--The term ``antitrust laws'' has
the meaning given that term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(B) Rule of construction.--For the purposes of this
Act, the laws described in section 102(2) of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501(2)) are consistent to the extent they do not
conflict.
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section
238(g) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (10 U.S.C. 4001 note).
(3) Assistance.--The term ``assistance'' includes the
provision of software, hardware, data, personnel, and other
resources.
(4) Assistant attorney general.--The term ``Assistant
Attorney General'' means the Assistant Attorney General in
charge of the Antitrust Division of the Department of Justice.
(5) Covered artificial intelligence security purpose.--The
term ``covered artificial intelligence security purpose'' means
the purpose of protecting against, identifying, evaluating,
testing, analyzing, preventing, investigating, or mitigating a
covered artificial intelligence security risk.
(6) Covered artificial intelligence security risk.--The
term ``covered artificial intelligence security risk'' means
the potential for artificial intelligence, including during
development, training, testing, evaluation, deployment, use, or
release, to do 1 or more of the following:
(A) Be stolen, distilled, weaponized, trained,
developed, or deployed by a covered nation (as defined
in section 4872(f)(2) of title 10, United States Code)
or an entity owned, controlled, or directed by a
covered nation in a manner that poses a significant
threat to the national security, including through
covert, clandestine, undisclosed, or otherwise
concealed development activities that attempt to evade
detection or verification.
(B) Substantially facilitate the development or
deployment of a chemical, biological, radiological,
nuclear, or offensive cyber weapon.
(C) Cause a disruption to, degradation of,
impairment of, or loss of operational control over
critical infrastructure that is reasonably likely to
result in a significant impact on security, national
public health or safety, or any combination thereof.
(D) Substantially reduce the ability of a
developer, deployer, owner, operator, user, evaluator,
auditor, Federal department or agency, or other
governmental authority to oversee, evaluate, monitor,
control, contain, restrict access to, disable, or
terminate such artificial intelligence, if the
applicable person or governmental authority has
authority or responsibility to do so, including through
unauthorized, deceptive, evasive, or malicious activity
involving such artificial intelligence.
(E) Autonomously improve, or substantially
facilitate the autonomous improvement of the
capabilities of artificial intelligence in a manner
that creates a substantial risk of a consequence
described in subparagraph (A), (B), (C), or (D).
(F) Be vulnerable to unauthorized access that--
(i) creates a substantial risk of a
consequence described in subparagraphs (A)
through (E); or
(ii) is for the benefit of, at the
direction of, or under the control of--
(I) a covered nation (as defined in
section 4872(f)(2) of title 10, United
States Code); or
(II) an entity owned, controlled,
or directed by a covered nation.
(7) Exclusive purpose.--The term ``exclusive purpose'',
with respect to an action, means for the purpose of, with not
more than an insubstantial part of the relevant action being
for other purposes.
(8) Non-federal entity.--The term ``non-Federal entity''
has the meaning given that term in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(9) Unauthorized access.--The term ``unauthorized access''
with respect to artificial intelligence--
(A) means unauthorized access or use of artificial
intelligence; and
(B) includes--
(i) extraction or copying of model weights,
parameters, or other nonpublic model
information;
(ii) systematic querying or automated
extraction designed to distill, replicate, or
reconstruct model capabilities; and
(iii) compromise affecting the integrity,
reliability, or security of artificial
intelligence, including through malicious code,
a backdoor, manipulated data, or compromise of
an artificial intelligence model, training
dataset, or artificial intelligence component.
SEC. 3. ANTITRUST EXEMPTION.
(a) In General.--It shall not be considered a violation of any
provision of the antitrust laws for--
(1) 2 or more non-Federal entities to provide or exchange
information or assistance relating to a covered artificial
intelligence security risk in good faith for the exclusive
purpose of a covered artificial intelligence security purpose;
or
(2) 2 or more non-Federal entities to coordinate or enter
into agreements for the exclusive purpose of reducing covered
artificial intelligence security risks via delaying or
otherwise limiting the release, deployment, use, development,
training, testing, or evaluation of artificial intelligence,
provided that the non-Federal entities submit to the Assistant
Attorney General, before undertaking the proposed coordinated
delay or limitation, written notice detailing the specific
covered artificial intelligence security risk and the scope of
the proposed restriction.
(b) Limitation.--Subsection (a) shall not apply to a non-Federal
entity receiving information or assistance unless the non-Federal
entity uses such information or assistance for a covered artificial
intelligence security purpose and has implemented reasonable internal
controls to limit the extent to which such information or assistance
can be used for other purposes.
(c) Affirmative Defense.--In any action or proceeding brought under
the antitrust laws, the exemption provided under subsection (a) shall
constitute an affirmative defense, and any non-Federal entity claiming
the exemption shall bear the burden of proving by a preponderance of
the evidence that the entity's actions were taken in good faith and for
the exclusive purpose described in subsection (a).
(d) Rule of Construction.--
(1) In general.--Subsection (a)(1) shall not be construed
to permit price-fixing, allocating a market between
competitors, monopolizing or attempting to monopolize a market,
boycotting, or exchanges of price or cost information.
(2) Private right of action.--Nothing in this Act shall be
construed as limiting any private right of action with respect
to any violation of the antitrust laws that is not exempt under
this section.
(e) Exemption From Disclosure.--Any information submitted to the
Assistant Attorney General pursuant to subsection (a)(2), including any
written notice submitted under that subsection and any information
derived from such submission that would reveal the substance of such
submission, shall be--
(1) used solely for the purpose of section 4;
(2) deemed voluntarily shared information and exempt from
disclosure under section 552 of title 5, United States Code;
and
(3) withheld, without discretion, from the public under
section 552(b)(3) of title 5, United States Code.
SEC. 4. INJUNCTIVE RELIEF.
(a) In General.--The Attorney General may seek, in a court of
competent jurisdiction, an injunction against the non-Federal entities
described in section 3 to prohibit an action that violates the
antitrust laws.
(b) No Immunity or Exemption.--In any action described in
subsection (a), this Act shall not be construed to create any immunity
or exemption from injunctive relief if--
(1) the non-Federal entities do not satisfy the burden of
proof under section 3(c); or
(2) the Attorney General demonstrates that, notwithstanding
the covered artificial intelligence security purpose, the
actions are reasonably likely to result in an overall increase
in covered artificial intelligence security risks.
<all>