United StatesAI Whistleblower Protection Act
Introduced in the first chamber, dated , as of .
An AI governance rule binding private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
Where it has got to
The text described here is H.R. 3460, 119th Congress, as introduced in the House (IH). That print is BILLS-119hr3460ih, published .
Locally, this stage is Introduced in the House; referred to the Committee on Education and Workforce.
The stage above is recorded at www.congress.gov.
The bill page of congress.gov shows two actions, introduction and referral to the Committee on Education and Workforce, both on .
What it requires
- Do not discharge, demote, suspend, threaten, blacklist, harass, or otherwise discriminate against an employee or independent contractor, current or former, in the terms and conditions of employment or work, because of a lawful act in reporting an AI security vulnerability or AI violation, or conduct the person reasonably believes is one (Section 3(a)).
- Treat as protected a report to the appropriate regulatory official, the Attorney General, a regulatory or law enforcement agency, a Member or committee of Congress, a person with supervisory authority at the employer, or another individual at the employer whom the person reasonably believes can investigate or stop the misconduct, and the person's part in an investigation or action based on it (Section 3(a)(1) to (3)).
- Treat an AI violation as any violation of Federal law related to or committed during the development, deployment, or use of artificial intelligence, or a failure to respond appropriately to a substantial and specific danger that artificial intelligence may pose to public safety, public health, or national security (Section 2(2)).
- Treat an AI security vulnerability as 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 (Section 2(1)).
- Do not use a contract, agreement, policy form, or condition of employment, including a requirement to arbitrate or mediate first, to waive or alter the whistleblower's rights and remedies (Section 3(c)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The Secretary of Labor, on a complaint by the person retaliated against under the procedures of 49 U.S.C. 42121(b); if the Secretary issues no final decision within 180 days, the person may sue the employer in a United States district court (Section 3(b)).
What it makes you log
Logging duty
Section 3 prohibits retaliation against a person who reports an AI security vulnerability or AI violation and sets the complaint and court procedure. It requires no log, record, or audit report from an employer.
- Kind
- None
- As of
What this law does
The AI Whistleblower Protection Act, House bill 3460 of the 119th Congress, was introduced in the House on by Representative Obernolte with Representative Lieu and referred to the Committee on Education and Workforce.
It would bar an employer from discharging, demoting, suspending, threatening, blacklisting, harassing, or otherwise discriminating against an employee or independent contractor, including a former one, because the person lawfully reported an AI security vulnerability or an AI violation, or conduct the person reasonably believes is one, to a regulator, the Attorney General, Congress, or a supervisor at the employer.
A person who alleges retaliation could file a complaint with the Secretary of Labor and, if no final decision issues within 180 days, sue in a federal district court before a jury, and relief would include reinstatement, two times back pay with interest, and compensatory damages with litigation costs, expert witness fees, and attorneys' fees; the rights could not be waived by contract, including an arbitration requirement.
When LexLint raises it
When your app profile says your app distributes a software product or trains models.