“To prohibit employment discrimination against whistleblowers reporting AI security vulnerabilities or AI violations, and for other purposes.”
No CRS summary available for this bill.
This section defines terms used in the Act, including (1) AI security vulnerability, as any failure or lapse in security that could allow emerging artificial intelligence technology to be acquired by theft or other means; (2) AI violation, as any violation of federal law related to artificial intelligence or failure to respond to substantial dangers it poses to public safety, health, or national security; (3) artificial intelligence, encompassing systems that perform tasks autonomously, learn from data, or mimic human cognition, perception, or action; (4) artificial system, as data systems or software using machine learning or AI (excluding common commercial products like word processors); (5) commerce and industry or activity affecting commerce, incorporating the definitions in 29 U.S.C. 142(1) and (3); (6) covered individual, including current and former employees and independent contractors; (7) emerging artificial intelligence technology, as artificial systems with state-of-the-art or superior performance, complexity, or autonomy; and (8) employer, as any person or entity engaged in commerce that compensates covered individuals for work.
This section prohibits employers from retaliating against covered individuals (i.e., employees or independent contractors) for lawfully reporting AI security vulnerabilities or violations—or reasonably believed violations—to regulators, the Attorney General, Congress, law enforcement, or internally; or for participating in related investigations. It directs the Secretary of Labor to handle complaints under procedures in 49 U.S.C. 42121(b) (aviation whistleblower protections), including burdens of proof, with complainants able to sue in federal district court if no final decision within 180 days; such actions allow jury trials and must be filed within 6 years of the violation (or 3 years of discovering facts supporting it, but no later than 10 years). Prevailing individuals receive reinstatement with seniority, double back pay with interest, compensatory damages (including litigation costs, expert fees, and attorneys' fees), and other remedies as determined. Rights and remedies cannot be waived by contract, including mandatory arbitration or alternative dispute resolution.