S. 1792: AI Whistleblower Protection Act (119th Congress) Bill Summary

This bill, known as the AI Whistleblower Protection Act, aims to provide legal protections for individuals who report issues related to artificial intelligence (AI) security vulnerabilities or violations. Here’s a breakdown of its key provisions:

Purpose

The primary aim of the bill is to prevent discrimination against individuals, referred to as “covered individuals,” who disclose information about AI security vulnerabilities or AI violations. Such violations could include failures in adhering to federal laws during the development or use of AI technologies that may pose risks to public safety, health, or national security.

Definitions

The bill includes several definitions essential for understanding the scope of its provisions:

AI Security Vulnerability: A weakness in security that could allow for the unauthorized access or acquisition of AI technology.
AI Violation: Any breach of federal law related to AI, including failure to respond to dangers posed by AI technologies.
Covered Individual: This term encompasses both employees and independent contractors who may report on AI-related issues.
Employer: Refers to any person or entity engaged in commerce that employs or contracts individuals to provide work.

Anti-retaliation Measures

The bill explicitly prohibits employers from retaliating against covered individuals for:

Reporting AI security vulnerabilities or violations to regulatory authorities or Congress.
Participating in investigations related to such reports.
Informing supervisors or individuals within the organization about potential AI issues.

Enforcement and Relief

Covered individuals who believe they have faced retaliation can take specific actions:

They can file a complaint with the Secretary of Labor.
If no decision is reached within 180 days, they may file a legal action in a U.S. district court.

Successful claims under this act may lead to various forms of relief, including:

Reinstatement to their previous position.
Payment of back wages with interest.
Compensation for legal costs and other damages related to their claims.

Preventing Waivers of Rights

The bill ensures that individuals cannot waive their rights to these protections through contracts or agreements, including arbitration agreements, thereby reinforcing the ability to seek legal recourse.