119-hr3460

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3460 Introduced in House

    (IH) ]

<DOC>

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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