HR3460-119

What This Bill Does

The AI Whistleblower Protection Act defines AI security vulnerabilities, AI violations, artificial intelligence, emerging AI technology, covered individuals, and employers. Covered individuals include current and former employees and independent contractors. Employers are any compensated work recipients engaged in commerce or an industry affecting commerce. Employers may not discharge, demote, suspend, threaten, blacklist, harass, or otherwise discriminate in employment, post-employment, or contractor work terms because a covered individual lawfully reports an AI security vulnerability or AI violation, or reasonably believed vulnerability or violation, to an appropriate regulatory official, the Attorney General, a regulatory or law enforcement agency, Congress, a supervisor, or internal personnel with authority to investigate or address misconduct. Protected activity also includes initiating, testifying in, or assisting investigations or judicial or administrative actions. Aggrieved covered individuals may file Labor Department complaints under AIR21-style procedures or sue in federal district court if Labor has not issued a final decision within 180 days without bad-faith delay. Federal court actions allow jury trials, have six-year, three-year discovery, and 10-year outside limitations periods, and prevailing individuals receive reinstatement, double back pay with interest, compensatory damages including litigation costs, expert witness fees, and attorneys' fees, plus other appropriate remedies. Rights cannot be waived or altered by contracts, arbitration, mediation, policies, or employment conditions.

Who Benefits and How

AI employees benefit because they can report security vulnerabilities or legal violations without employer retaliation. AI contractors benefit because independent contractors and former contractors are covered. Regulators benefit from protected disclosures about AI public safety, public health, national security, and legal risks. Congressional committees benefit because disclosures to members or committees are protected.

Who Bears the Burden and How

AI employers must avoid retaliation against covered individuals who report AI vulnerabilities or violations. Labor Department whistleblower staff must process complaints using AIR21-style procedures. Federal courts may hear AI whistleblower suits when Labor misses the 180-day deadline. Employers that retaliate face reinstatement, double back pay, compensatory damages, litigation costs, expert fees, attorneys' fees, and other remedies.

Key Provisions

• Defines AI security vulnerabilities, AI violations, covered individuals, emerging AI technology, and covered employers.
• Prohibits retaliation for reporting AI vulnerabilities, AI violations, or reasonably believed misconduct to regulators, law enforcement, Congress, supervisors, or authorized internal personnel.
• Allows Labor Department complaints and federal court actions after 180 days without a final Labor decision.
• Provides jury trials, reinstatement, double back pay, compensatory damages, litigation costs, expert fees, attorneys' fees, and other remedies.
• Prohibits waiver or alteration of rights through contracts, arbitration, mediation, policies, or employment conditions.