AI-Related Job Impacts Clarity Act

This Act may be cited as the AI-Related Job Impacts Clarity Act.

Not more than 30 days after the last day of each quarter, a covered entity shall, with respect to such quarter, disclose to the Secretary any artificial intelligence-related job impact experienced by the entity in the United States (including any territory or possession of the United States), including—

(A) the number of individuals laid off by the covered entity in the United States (including any territory or possession of the United States) during the quarter that are substantially due to the replacement or automation by artificial intelligence of the functions performed by such individuals;

(B) the number of individuals hired by the covered entity in the United States (including any territory or possession of the United States) during the quarter that are substantially due to the incorporation of artificial intelligence;

(C) the number of positions of the covered entity in the United States (including any territory or possession of the United States) that were occupied at any point during the prior quarter for which the covered entity has decided not to fill based on a reason that is substantially due to the replacement or automation by artificial intelligence of the functions of such positions;

(D) the number of individuals in the United States (including any territory or possession of the United States) whom the covered entity is retraining, or assisting in retraining, based on a reason that is substantially due to artificial intelligence; and

(E) any other information related to artificial intelligence-related job impacts, as determined appropriate by the Secretary.

With respect to each artificial intelligence-related job impact disclosure under paragraph (1), the covered entity shall provide in such disclosure the corresponding North American Industry Classification System codes.

As determined appropriate by the Secretary, the Secretary may—

(I) revise an existing survey conducted by the Secretary as of the date of enactment of this Act to incorporate the disclosures required under this subsection into such a survey; or

(II) collaborate with the Bureau of the Census to revise an existing survey conducted by the Bureau of the Census as of the date of enactment of this Act, or an existing survey conducted as of such date of enactment by the Secretary in partnership with the Bureau of the Census, to incorporate the disclosures required under this subsection into such a survey; and

(ii) allow covered entities to comply with the requirements of this subsection by making such disclosures through such survey.

In the case the disclosures required under this subsection are incorporated pursuant to subparagraph (A) into a survey conducted by the Bureau of the Census that is not a survey conducted in partnership with the Secretary, the Bureau of the Census shall, for each quarter, share the data from such disclosures with the Secretary in order for the Secretary to prepare the reports required under subsection (b).

The Secretary, in consultation with the Director of the Office of Management and Budget and the Director of the Office of Personnel Management, shall—

(1) for each quarter, prepare a report—

(A) summarizing the data from disclosures submitted under subsection (a) during the quarter; and

(B) for the quarter ending on December 31, summarizing such data for the calendar year;

(2) for every other quarter, prepare a report analyzing the net impact of the data contained in the report under paragraph (1) for such quarter and for the preceding quarter, and any other relevant data available to the Secretary with respect to artificial intelligence-related job impacts; and

(3) not more than 60 days after the last day of each quarter—

(A) publish each report prepared for the quarter under paragraph (1) and, as applicable, paragraph (2), and the data underlying such reports on the website of the Bureau of Labor Statistics; and

(B) submit each such report to Congress.

Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Securities and Exchange Commission and the Secretary of the Treasury, shall issue regulations to determine the extent to which non-publicly-traded companies shall be included as subject to the reporting requirements under subsection (a).

The regulations issued under this subsection shall—

(A) identify for such inclusion categories of non-publicly-traded companies that have a significant workforce, estimated enterprise value, or employment impact on a regional or national basis;

(B) consider for such inclusion thresholds with respect to non-publicly-traded companies, such as—

(i) the number of employees employed by such companies;

(ii) the annual revenue of such companies; or

(iii) the industry classification under the North American Industry Classification System for such companies;

(C) ensure that any reporting requirements under subsection (a) applicable to a non-publicly-traded company are proportionate to the size and capacity of such company; and

(D) establish procedures for the confidential submission and publication of data of non-publicly-traded companies in order to protect the proprietary or personally identifiable information of such companies.

In issuing the regulations under this subsection, the Secretary shall provide for notice and comment in accordance with section 553 of title 5, United States Code.

In this section:

The term artificial intelligence has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401).

The term covered entity means—

(A) an entity that is—

(i) a publicly-traded company; or

(ii) an agency, as defined in section 551 of title 5, United States Code; and

(B) an entity that—

(i) is a non-publicly-traded company; and

(ii) is identified by the Secretary through regulations issued under subsection (c) for inclusion as subject to the requirements under subsection (a).

The term non-publicly-traded company means a business entity engaged in interstate commerce that—

(i) is not an issuer, the securities of which are listed on a national securities exchange; and

(ii) is not otherwise required to file reports with the Securities and Exchange Commission under section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m; 78o(d)).

In this paragraph—

(i) the terms exchange, issuer, and security have the meanings given those terms in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)); and

(ii) the term national securities exchange means an exchange registered pursuant to section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f).

The term publicly-traded company has the meaning given the term in section 5003(a) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c(a)).

The term quarter has the meaning given the term calendar quarter in section 5061(d)(4)(C) of the Internal Revenue Code of 1986.

The term Secretary means the Secretary of Labor, acting through the Commissioner of Labor Statistics.