[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3460 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 3460
To prohibit employment discrimination against whistleblowers reporting
AI security vulnerabilities or AI violations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2025
Mr. Obernolte (for himself and Mr. Lieu) introduced the following bill;
which was referred to the Committee on Education and Workforce
_______________________________________________________________________
A BILL
To prohibit employment discrimination against whistleblowers reporting
AI security vulnerabilities or AI violations, 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 ``AI Whistleblower Protection Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) AI security vulnerability.--The term ``AI security
vulnerability'' means any failure or lapse in security that
could potentially allow emerging artificial intelligence
technology to be acquired by a person (including a foreign
entity) by theft or other means.
(2) AI violation.--The term ``AI violation'' means--
(A) any violation of Federal law, including rules
and regulations, related to or committed during the
development, deployment, or use of artificial
intelligence; or
(B) any failure to appropriately respond to a
substantial and specific danger that the development,
deployment, or use of artificial intelligence may pose
to public safety, public health, or national security.
(3) Artificial intelligence.--The term ``artificial
intelligence'' includes any of the following:
(A) An artificial system that performs tasks under
varying and unpredictable circumstances without
significant human oversight, or that can learn from
experience and improve performance when exposed to data
sets.
(B) An artificial system developed in computer
software, physical hardware, or other context that
solves tasks requiring human-like perception,
cognition, planning, learning, communication, or
physical action.
(C) An artificial system designed to think or act
like a human, including cognitive architectures and
neural networks.
(D) A set of techniques, including machine
learning, that are designed to approximate a cognitive
task.
(E) An artificial system designed to act
rationally, including an intelligent software agent or
embodied robot that achieves goals using perception,
planning, reasoning, learning, communicating, decision
making, and acting.
(4) Artificial system.--The term ``artificial system''--
(A) means any data system, software, application,
tool, or utility that operates in whole or in part
using dynamic or static machine learning algorithms or
other forms of artificial intelligence, including in
the case--
(i) the data system, software, application,
tool, or utility is established primarily for
the purpose of researching, developing, or
implementing artificial intelligence
technology; or
(ii) artificial intelligence capability is
integrated into another system or agency
business process, operational activity, or
technology system; and
(B) does not include any common commercial product
within which artificial intelligence is embedded, such
as a word processor or map navigation system.
(5) Commerce.--The terms ``commerce'' and ``industry or
activity affecting commerce'' mean any activity, business, or
industry in commerce or in which a labor dispute would hinder
or obstruct commerce or the free flow of commerce, and include
``commerce'' and any ``industry affecting commerce'', as
defined in paragraphs (1) and (3) of section 501 of the Labor
Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).
(6) Covered individual.--The term ``covered individual''
includes--
(A) an employee, including a former employee; and
(B) an independent contractor, including a former
independent contractor.
(7) Emerging artificial intelligence technology.--The term
``emerging artificial intelligence technology'', with respect
to an AI security vulnerability, means any artificial system
that exhibits a level of performance, complexity, or autonomy
that is comparable to or exceeds capabilities that are
generally considered state-of-the-art as of the time of the AI
security vulnerability.
(8) Employer.--The term ``employer'' means any person
(including any officer, employee, contractor, subcontractor,
agent, company, partnership, or other individual or entity)
engaged in commerce or an industry or activity affecting
commerce who pays any compensation to a covered individual in
exchange for the covered individual providing work to the
person.
SEC. 3. ANTI-RETALIATION PROTECTION FOR AI WHISTLEBLOWERS.
(a) Prohibition Against Retaliation.--No employer may, directly or
indirectly, discharge, demote, suspend, threaten, blacklist, harass, or
in any other manner discriminate against a covered individual in the
terms and conditions of employment or post-employment of the covered
individual (or the terms and conditions of work provided by the covered
individual as an independent contractor) because of any lawful act done
by the covered individual--
(1) in providing information regarding an AI security
vulnerability or AI violation, or any conduct that the covered
individual reasonably believes constitutes an AI security
vulnerability or AI violation, to--
(A) the appropriate regulatory official or the
Attorney General;
(B) a regulatory or law enforcement agency; or
(C) any Member of Congress or any committee of
Congress;
(2) in initiating, testifying in, or assisting in any
investigation or judicial or administrative action of an
appropriate regulatory or law enforcement agency or the
Department of Justice, or any investigation of Congress, based
upon or related to the information described in paragraph (1);
or
(3) in providing information regarding an AI security
vulnerability or AI violation, or any conduct that the covered
individual reasonably believes constitutes an AI security
vulnerability or AI violation, to--
(A) a person with supervisory authority over the
covered individual at the employer of the covered
individual; or
(B) another individual working for the employer
described in subparagraph (A) whom the covered
individual reasonably believes has the authority to--
(i) investigate, discover, or terminate the
misconduct; or
(ii) take any other action to address the
misconduct.
(b) Enforcement.--
(1) In general.--A covered individual who alleges they are
aggrieved by a violation of subsection (a) may seek relief
under paragraph (3) by--
(A) filing a complaint with the Secretary of Labor
in accordance with the requirements of paragraph
(2)(A); or
(B) if the Secretary of Labor has not issued a
final decision in accordance with such paragraph within
180 days of the filing of a complaint under
subparagraph (A), and there is no showing that such a
delay is due to the bad faith of the covered
individual, bringing an action against the employer at
law or in equity in the appropriate district court of
the United States, which shall have jurisdiction over
such an action without regard to the amount in
controversy.
(2) Procedure.--
(A) Department of labor complaints.--
(i) In general.--Except as provided in
clause (ii) and paragraph (3), a complaint
filed with the Secretary of Labor under
paragraph (1)(A) shall be governed by the rules
and procedures set forth in section 42121(b) of
title 49, United States Code, including the
legal burdens of proof described in such
section.
(ii) Exceptions.--With respect to a
complaint filed under paragraph (1)(A),
notification required under section 42121(b)(1)
of title 49, United States Code, shall be made
to each person named in the complaint,
including the employer.
(B) District court actions.--
(i) Jury trial.--A party to an action
brought under paragraph (1)(B) shall be
entitled to trial by jury.
(ii) Statute of limitations.--
(I) In general.--An action may not
be brought under paragraph (1)(B)--
(aa) more than 6 years
after the date on which the
violation of subsection (a)
occurs; or
(bb) more than 3 years
after the date on which facts
material to the right of action
are known, or reasonably should
have been known, by the covered
individual bringing the action.
(II) Required action within 10
years.--Notwithstanding subclause (I),
an action under paragraph (1)(B) may
not in any circumstance be brought more
than 10 years after the date on which
the violation occurs.
(3) Relief.--Relief for a covered individual prevailing
with respect to a complaint filed under paragraph (1)(A) or an
action under paragraph (1)(B) shall include--
(A) reinstatement with the same seniority status
that the covered individual would have had, but for the
violation;
(B) 2 times the amount of back pay otherwise owed
to the covered individual, with interest;
(C) the payment of compensatory damages, which
shall include compensation for litigation costs, expert
witness fees, and reasonable attorneys' fees; and
(D) any other appropriate remedy with respect to
the violation as determined by the Secretary of Labor
in a complaint under subparagraph (A) of paragraph (1)
or by the court in an action under subparagraph (B) of
such paragraph.
(c) Nonenforceability Waivers of Rights or Remedies.--The rights
and remedies provided for in this section may not be waived or altered
by any contract, agreement, policy form, or condition of employment (or
condition of work as an independent contractor), including by any
agreement requiring a covered individual to engage in arbitration,
mediation, or any other alternative dispute resolution process prior to
seeking relief under subsection (b).
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