S. 1792: AI Whistleblower Protection Act

S. 1792, introduced on 2025-05-15, would create a federal whistleblower protection system focused specifically on artificial intelligence. It covers both current and former employees and current and former independent contractors, which is broader than many workplace protection laws. The bill targets retaliation tied to reports about an "AI security vulnerability" or an "AI violation," and it defines both terms broadly enough to reach not just clear legal violations but also failures to respond to major AI-related threats to public safety, public health, or national security.

The bill's definitions matter. An "AI security vulnerability" is any failure or lapse in security that could allow emerging artificial intelligence technology to be acquired by theft or other means, including by a foreign entity. An "AI violation" includes any violation of federal law tied to the development, deployment, or use of AI, plus any failure to appropriately respond to a substantial and specific danger posed by AI. It also defines "emerging artificial intelligence technology" as an artificial system with performance, complexity, or autonomy comparable to or exceeding the state of the art at the time the vulnerability exists, meaning the bill is aimed at cutting-edge systems rather than ordinary consumer software.

Workers would be protected for reporting concerns to regulatory officials, the Attorney General, law enforcement, Congress, supervisors, or others with authority to investigate or stop misconduct. Employers could not discharge, demote, suspend, threaten, blacklist, harass, or otherwise discriminate against those workers. Enforcement runs through the Department of Labor under the whistleblower procedures in 49 U.S.C. 42121(b), but the bill also gives workers a route to federal court if the Secretary of Labor does not issue a final decision within 180 days, as long as the delay was not caused by the worker's bad faith.

The remedies are strong. A successful worker could get reinstatement with original seniority, 2 times the back pay owed plus interest, compensatory damages, litigation costs, expert witness fees, and reasonable attorneys' fees. The filing window is also unusually long: 6 years from the violation, 3 years from when the facts became known or reasonably should have been known, and an absolute outer limit of 10 years. On top of that, the bill says these rights cannot be waived by contract or company policy, and it makes mandatory arbitration, mediation, or other alternative dispute resolution unenforceable before a worker seeks relief under the bill.