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H.R. 10538IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 13 · H.R. 10538

Penalties

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(a) Definitions In this section: (1) Covered entity The term covered entity means a person with a charter issued under section 12(a). (2) Covered policymaking individual The term covered policymaking individual means an individual who is employed in a policymaking role at a covered entity, or performs policymaking functions at a covered entity. (3) Rogue actor The term rogue actor means an individual who is not employed by or otherwise affiliated with a covered entity. (b) Criminal penalties for policymaking individuals or rogue actors Any covered policymaking individual or rogue actor who recklessly violates section 8, 9, or 12 or a rule promulgated thereunder shall be fined under title 18, United States Code, and imprisoned for not more than 20 years. (c) Penalties for non-Policymaking individuals (1) In general Any individual who is not a covered policymaking individual who recklessly violates section 8, 9, or 12, or a rule promulgated thereunder, shall be barred from employment in the artificial intelligence industry for a period of 10 years. (2) Appeal An individual who is not a covered policymaking individual who is found to have recklessly violated section 8, 9, or 12, or a rule promulgated thereunder, may submit to the Secretary a request to review such finding and the Secretary, upon review of the finding, may overturn the finding. (3) Waiver for whistleblowers The Secretary may waive paragraph (1) for an individual described in such paragraph if the Secretary determines that— (A) the individual submitted to the Secretary information about a violation of section 8, 9, or 12; and (B) doing so is consistent with the purpose set forth in section 4(b). (d) Revocation of charters (1) In general The Secretary shall revoke a charter issued under section 12(a) if the Secretary finds that the person violated section 8, 9, or 12, or a rule promulgated thereunder. (2) Appeal A person whose charter has been revoked under paragraph (1) pursuant to a finding that the person violated section 8, 9, or 12, or a rule promulgated thereunder, may submit to the United States Court of Appeals for the Federal Circuit a request for review of the finding and the Court may uphold or overturn the finding. (3) Receivership If the Court receives a request from a person under paragraph (2) to review a finding, the Court may, at the request of the person, place the intellectual property of the person in a receivership until the Court has completed the review and the Secretary has ensured all artificial superintelligences or artificial intelligence systems displaying superintelligence precursor characteristics have been rendered inoperative. (4) Forfeiture If the Court, under paragraph (2), upholds a finding that a person violated section 8, 9, or 12, or a rule promulgated thereunder, the intellectual property and assets of the person shall be subject to forfeiture by the Federal Government to ensure the safe and complete destruction of all systems and hardware related to the violation.

Sec. 13: Penalties · Public Law Tracker