H.R. 3460

[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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