“A bill 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 establishes definitions for terms used in the Act, including (1) AI security vulnerability, meaning any failure or lapse in security that could allow emerging artificial intelligence technology to be acquired by theft or other means; (2) AI violation, meaning a violation of federal law related to AI development, deployment, or use, or failure to respond to substantial AI dangers to public safety, health, or national security; (3) artificial intelligence, encompassing systems that perform human-like tasks such as perception, cognition, learning, or physical action under varying conditions with minimal oversight; (4) artificial system, meaning data systems, software, or tools using machine learning or AI (excluding common commercial products like word processors); (5) commerce and industry or activity affecting commerce, incorporating definitions from the Labor Management Relations Act of 1947 (29 U.S.C. 142(1) and (3)); (6) covered individual, including current and former employees and independent contractors; (7) emerging artificial intelligence technology, meaning artificial systems with state-of-the-art or superior performance, complexity, or autonomy; and (8) employer, meaning any person engaged in commerce or an industry affecting commerce who 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 regulatory officials, the Attorney General, law enforcement or regulatory agencies, Congress, or internally to supervisors or authorized personnel with investigative authority; participating in related investigations or proceedings; or testifying therein. It authorizes such individuals to file complaints with the Secretary of Labor under procedures modeled on aviation whistleblower protections (49 U.S.C. §42121(b)), or—absent a final decision within 180 days—to sue in federal district court (with jury trial rights and a statute of limitations of the later of 6 years from violation or 3 years from discovery, not exceeding 10 years total). Prevailing individuals receive reinstatement with seniority, double back pay with interest, compensatory damages (including litigation costs, expert fees, and attorneys' fees), and other equitable relief as appropriate. It renders unenforceable any contract, agreement, or policy waiving these rights or remedies, including mandatory pre-dispute arbitration, mediation, or alternative dispute resolution.