S.Amdt. 3085

This amendment, submitted by Mr. Grassley and Mr. Coons, aims to add a section to bill S. 2296 titled "Anti-Retaliation Protection for AI Whistleblowers." Its purpose is to protect employees and independent contractors who report AI security vulnerabilities or AI violations.

Key Changes and Additions:

• Prohibition of Retaliation: It stops employers from firing, demoting, suspending, threatening, blacklisting, harassing, or discriminating against covered individuals (current or former employees and independent contractors) for reporting AI-related issues.

• Protected Actions: Protection applies when a person provides information about AI security vulnerabilities or violations to:

  • Regulatory officials, the Attorney General, or law enforcement agencies.
  • Members or committees of Congress.
  • Supervisors or other individuals within the company who have the authority to investigate or stop the misconduct.

• Enforcement and Relief: It allows aggrieved individuals to file complaints with the Secretary of Labor or bring a lawsuit in U.S. district court. If the individual wins, they can receive:

  • Reinstatement with the same seniority.
  • Two times the amount of back pay owed, plus interest.
  • Compensatory damages, including attorney's fees and litigation costs.

• Legal Protections: The amendment states that these rights cannot be waived by any contract, employment policy, or agreement requiring arbitration or mediation.

• Definitions: It defines AI security vulnerabilities as security failures that could let emerging AI technology be stolen, and AI violations as breaks of Federal law regarding AI or failures to respond to dangers AI may pose to national security, public health, or public safety.