AI Whistleblower Protection Act
Sponsored By: Representative Obernolte
Introduced
Summary
Creates legal protections for people who report AI security vulnerabilities or AI-related legal violations. The bill defines covered AI systems and who counts as a protected worker when they disclose safety flaws, threats to public health or national security, or violations of federal law.
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- Workers and contractors: Covers employees and independent contractors, including former ones, and bars employers from firing, demoting, suspending, threatening, blacklisting, harassing, or discriminating against someone for lawful disclosures to supervisors, regulators, law enforcement, or Congress.
- Enforcement and remedies: Gives whistleblowers a Department of Labor complaint route or a federal civil suit if Labor does not decide within 180 days. Courts can award reinstatement with seniority, back pay equal to twice what is owed with interest, compensatory damages, litigation costs, expert fees, and attorneys' fees.
- Employers and contracts: Defines "employer" broadly to include persons engaged in commerce and forbids pre-dispute waivers or arbitration agreements that would block these protections or remedies.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Sue for AI retaliation with double back pay
You would be able to file a complaint with the U.S. Department of Labor. If no final decision comes in 180 days and the delay is not your bad faith, you could sue in federal court, with a jury. If you win, you could be reinstated and get twice your lost pay with interest, plus compensatory damages, litigation costs, expert fees, and attorneys’ fees. Employers could not make you give up these rights or force arbitration or mediation first. You would generally have up to 6 years after the violation, or 3 years after you learn key facts, but never more than 10 years.
Protections for workers reporting AI risks
This bill would make it illegal for employers to punish you for reporting AI risks or violations. Reports to regulators, law enforcement, the Attorney General, Members of Congress, or a supervisor would be protected. Helping in an investigation or case would also be protected. These protections would cover employees and independent contractors, including former workers.
What counts as AI under this bill
The bill would define key terms. It would define artificial intelligence, an artificial system, an AI security vulnerability, and an AI violation, including failing to act on a serious AI danger to safety, health, or national security. It would define who is covered (employees and independent contractors, including former) and who is an employer. Common apps like word processors and map tools would be excluded. These definitions would decide who the protections apply to.
Sponsors & CoSponsors
Sponsor
Obernolte
CA • R
Cosponsors
Rep. Lieu, Ted [D-CA-36]
CA • D
Sponsored 5/15/2025
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 6/5/2025
Rep. Gottheimer, Josh [D-NJ-5]
NJ • D
Sponsored 8/8/2025
Rep. Vindman, Eugene Simon [D-VA-7]
VA • D
Sponsored 10/17/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov