Short title

This Act may be cited as the

AI Whistleblower Protection Act

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.

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).