United States HR 3460: AI Whistleblower Protection Act

Bill Text

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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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘AI Whistleblower Pro-4
tection Act’’. 5
SEC. 2. DEFINITIONS. 6
In this Act: 7
(1) AI SECURITY VULNERABILITY.—The term 8
‘‘AI security vulnerability’’ means any failure or 9
lapse in security that could potentially allow emerg-10
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ing artificial intelligence technology to be acquired 1
by a person (including a foreign entity) by theft or 2
other means. 3
(2) AI VIOLATION.—The term ‘‘AI violation’’ 4
means— 5
(A) any violation of Federal law, including 6
rules and regulations, related to or committed 7
during the development, deployment, or use of 8
artificial intelligence; or 9
(B) any failure to appropriately respond to 10
a substantial and specific danger that the devel-11
opment, deployment, or use of artificial intel-12
ligence may pose to public safety, public health, 13
or national security. 14
(3) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-15
tificial intelligence’’ includes any of the following: 16
(A) An artificial system that performs 17
tasks under varying and unpredictable cir-18
cumstances without significant human over-19
sight, or that can learn from experience and im-20
prove performance when exposed to data sets. 21
(B) An artificial system developed in com-22
puter software, physical hardware, or other con-23
text that solves tasks requiring human-like per-24
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ception, cognition, planning, learning, commu-1
nication, or physical action. 2
(C) An artificial system designed to think 3
or act like a human, including cognitive archi-4
tectures and neural networks. 5
(D) A set of techniques, including machine 6
learning, that are designed to approximate a 7
cognitive task. 8
(E) An artificial system designed to act ra-9
tionally, including an intelligent software agent 10
or embodied robot that achieves goals using 11
perception, planning, reasoning, learning, com-12
municating, decision making, and acting. 13
(4) ARTIFICIAL SYSTEM.—The term ‘‘artificial 14
system’’— 15
(A) means any data system, software, ap-16
plication, tool, or utility that operates in whole 17
or in part using dynamic or static machine 18
learning algorithms or other forms of artificial 19
intelligence, including in the case— 20
(i) the data system, software, applica-21
tion, tool, or utility is established primarily 22
for the purpose of researching, developing, 23
or implementing artificial intelligence tech-24
nology; or 25
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(ii) artificial intelligence capability is 1
integrated into another system or agency 2
business process, operational activity, or 3
technology system; and 4
(B) does not include any common commer-5
cial product within which artificial intelligence 6
is embedded, such as a word processor or map 7
navigation system. 8
(5) COMMERCE.—The terms ‘‘commerce’’ and 9
‘‘industry or activity affecting commerce’’ mean any 10
activity, business, or industry in commerce or in 11
which a labor dispute would hinder or obstruct com-12
merce or the free flow of commerce, and include 13
‘‘commerce’’ and any ‘‘industry affecting com-14
merce’’, as defined in paragraphs (1) and (3) of sec-15
tion 501 of the Labor Management Relations Act, 16
1947 (29 U.S.C. 142 (1) and (3)). 17
(6) COVERED INDIVIDUAL.—The term ‘‘covered 18
individual’’ includes— 19
(A) an employee, including a former em-20
ployee; and 21
(B) an independent contractor, including a 22
former independent contractor. 23
(7) EMERGING ARTIFICIAL INTELLIGENCE 24
TECHNOLOGY.—The term ‘‘emerging artificial intel-25
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ligence technology’’, with respect to an AI security 1
vulnerability, means any artificial system that exhib-2
its a level of performance, complexity, or autonomy 3
that is comparable to or exceeds capabilities that are 4
generally considere