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HR 9914

Collaboration on Adversarial Threats and Security Risks Act

119th Congress Introduced by Pat Harrigan and 8 co-sponsors

Allows non-Federal entities to share AI security info and coordinate risk-reduction actions with an antitrust exemption, under strict safeguards and DOJ oversight.

Introduced in House
0
WeVote Research Nonpartisan
Bill Summary · HR 9914

Overview

HR 9914, the Collaboration on Adversarial Threats and Security Risks Act, is a bill introduced in the 119th Congress. It aims to create a framework for non-Federal entities to share information and coordinate actions related to artificial intelligence (AI) security risks, while providing an antitrust exemption for such collaboration when done for a stated security purpose. The bill defines specific terms, sets conditions for the exemption, and authorizes injunctive relief to enforce compliance.

Purpose and intent

  • Promote collaboration among non-Federal entities (e.g., private companies, state/local entities, or other non-Federal actors) to identify, assess, test, mitigate, and monitor risks associated with AI that could threaten national security or critical infrastructure.
  • Allow coordinated actions that delay, restrict, or otherwise limit AI development, deployment, or usage for the exclusive purpose of reducing AI security risks, provided that certain procedural safeguards are followed.
  • Create a clear protective framework around information shared for AI security purposes, with confidentiality and limited disclosure.

Key provisions and changes

  • Definitions (Section 2)

    • Clarifies terms used in the act, including:
    • Antitrust laws
    • Artificial intelligence
    • Assistance (broad: software, hardware, data, personnel, resources)
    • Covered AI security purpose and covered AI security risk (extensive criteria, including risks of weaponization, disruption to critical infrastructure, unauthorized access, and autonomous improvement that increases risk)
    • Exclusive purpose and non-Federal entity
    • Unauthorized access (including model weights, extraction attempts, backdoors, data compromises)

  • Antitrust exemption (Section 3)

    • Exemption for:
    • (a)(1) Two or more non-Federal entities exchanging information or assistance relating to a covered AI security risk in good faith for a covered AI security purpose.
    • (a)(2) Two or more non-Federal entities coordinating or agreeing, for the exclusive purpose of reducing AI security risks, to delay or limit release, deployment, use, development, training, testing, or evaluation of AI.
    • Conditions:
    • Before delaying or limiting, non-Federal entities must submit written notice to the Assistant Attorney General detailing the specific risk and scope of the proposed restriction.
    • Limitations:
    • Exemption applies only if the information/assistance is used for a covered AI security purpose and internal controls are in place to prevent use for other purposes.
    • Affirmative defense:
    • In antitrust actions, the exemption is an affirmative defense; the entity must prove, by preponderance, that actions were in good faith and for the exclusive purpose described.
    • Rule of construction:
    • The exemption does not authorize price-fixing, market division, monopolization, boycotts, or exchange of price/cost information.
    • Private rights of action under antitrust law remain available for non-exempt violations.
    • Disclosure exemption:
    • Information submitted to the Assistant Attorney General under the notification provision is protected from public disclosure and used solely for antitrust section 4 processes.

  • Injunctive relief (Section 4)

    • The Attorney General may seek injunctions against non-Federal entities to stop actions that violate antitrust laws.
    • The act does not provide immunity from injunctive relief if the exempt actions fail the burden of proof or if the actions are likely to increase AI security risks despite the purpose.

Who is affected

  • Non-Federal entities collaborating on AI security risks (e.g., private sector firms, research organizations, and potentially other non-Federal actors) are encouraged to share information and coordinate limited actions.
  • The Department of Justice, specifically the Assistant Attorney General in charge of the Antitrust Division, would receive written notices and oversee the exemption process.
  • The Attorney General retains authority to seek injunctive relief to prevent antitrust violations.

Procedural and timeline aspects

  • Notification requirement: Before undertaking a proposed coordinated delay or limitation, non-Federal entities must provide written notice to the Assistant Attorney General describing the risk and scope of restriction (Section 3(a)(2)).
  • Burden of proof: To rely on the affirmative defense, entities must prove actions were in good faith and for the exclusive purpose specified (Section 3(c)).
  • Disclosure protections: Submissions and derived information are shielded from public disclosure, with specific federal disclosure exemptions (Section 3(e)).
  • Enforcement: Injunctive relief available through the Attorney General for violations (Section 4).

Potential impact

  • Encourages inter-entity collaboration on AI security, potentially accelerating detection and mitigation of AI-related threats.
  • Creates a narrow, tribunal-based path to coordinate risk-reduction activities without triggering antitrust liability, but with strict safeguards to prevent anti-competitive conduct.
  • Establishes procedural checks (notices to DOJ, internal controls, and good-faith requirements) to balance security objectives with antitrust enforcement.
  • Could influence private sector practices around information sharing on AI vulnerabilities and response strategies, while maintaining robust remedies for improper conduct.

Compiled from official sources — confirm details with the bill’s official record.

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