A bipartisan group of senators introduced new legislation on May 14 that would block artificial intelligence technology firms from retaliating against employees who leak information about AI security lapses to the Federal government, with a companion bill set to be introduced in the House.
Senate Judiciary Committee Chairman Chuck Grassley, R-Iowa, is leading the effort to pass the Artificial Intelligence Whistleblower Protection Act in the Senate with support from co-sponsors Chris Coons, D-Del., Marsha Blackburn, R-Tenn., Amy Klobuchar, D-Minn., Josh Hawley, R-Mo., and Brian Schatz, D-Hawaii.
Companion legislation slated to be introduced in the House will be led by Reps. Jay Obernolte, R-Calif., and Ted Lieu, D-Calif.
“Transparency brings accountability. Today, too many people working in AI feel they’re unable to speak up when they see something wrong,” Sen. Grassley said in a statement. “Whistleblowers are one of the best ways to ensure Congress keeps pace as the AI industry rapidly develops. We need to act to make these protections crystal clear.”
The legislation seeks to address nondisclosure agreements that Sen. Grassley’s office said are common at AI companies, in addition to restrictive severance arrangements. The act would merge existing AI and whistleblower protection laws for current and former employees and would require that employers compensate employees who were retaliated against.
The bill also addresses “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.”
Compensation to whistleblowers will include two times the amount of back pay with interest owed to the employee, compensatory damage payments, and “other appropriate remedy,” according to the text of the act.
“Protecting whistleblowers who report AI security vulnerabilities isn’t just about workplace fairness – it’s a matter of national security,” Rep. Obernolte said. “As artificial intelligence becomes more powerful and more deeply embedded in our infrastructure, we must ensure that those who identify potential threats can speak up without fear of retaliation.”
The bill isn’t the first of its kind to be introduced to Congress – last fall Sen. Ed Markey, D-Mass., introduced his AI Civil Rights Act which included some whistleblower and anti-retaliation protections. Sen. Markey’s legislation failed to make it out of committee before the end of the last Congress.