WASHINGTON – Senate Judiciary Committee Chair Chuck Grassley (R-Iowa) introduced the Artificial Intelligence (AI) Whistleblower Protection Act to provide explicit whistleblower protections to those developing and deploying AI. Currently, AI companies’ restrictive severance and nondisclosure agreements (NDAs) create a chilling effect on current and former employees looking to make whistleblower disclosures to the federal government, including Congress.
The legislation merges existing AI and whistleblower protection laws to shield the communications of current and former AI employees who make disclosures. The bill would also provide relief for AI whistleblowers who suffer retaliation, including reinstatement, back pay and compensation for damages incurred, where applicable.
“Transparency brings accountability. Today, too many people working in AI feel they’re unable to speak up when they see something wrong. 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. I’m proud to introduce this legislation to increase accountability and protect AI whistleblowers,” Grassley said.
Additional co-sponsors include Sens. Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), Josh Hawley (R-Mo.) and Brian Schatz (D-Hawai‘i). Reps. Jay Obernolte (R-Calif.) and Ted Lieu (D-Calif.) are introducing companion legislation in the House of Representatives.
“AI is rapidly evolving in ways that have the potential to radically reshape our society and transform our world for the better and for the worse,” Coons said. “I have long been concerned with how much more tech companies know about the risks and harms of their products compared with regulators, independent researchers, and the public. The AI Whistleblower Protection Act is a critical tool among others that Congress must enact to ensure that we can get the best out of AI while also learning when it poses a substantial danger to public safety.”
“As AI continues to develop at breakneck speed, we need to know about the risks that come with it,” Schatz said. “This bill protects whistleblowers from employer retaliation in the event that they report on significant dangers, security failures, or breaches of the law.”
“Protecting whistleblowers who report AI security vulnerabilities isn’t just about workplace fairness—it’s a matter of national security,” 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. This bill will help safeguard the American people from emerging technological risks and protect the integrity of our AI systems.”
The legislation is endorsed by the National Whistleblower Center, Government Accountability Project, Center for AI Policy, The Anti-Fraud Coalition, Encode and Americans for Responsible Innovation.
“The introduction of the [AI Whistleblower Protection Act] answers the call for AI industry employee whistleblower protections that will serve to protect the public, marking a turning point in guaranteeing transparency and accountability over AI companies,” said Stephen Kohn, Co-Founder and Chairman of the Board of the National Whistleblower Center. “National Whistleblower Center extends its sincere appreciation to [Senator Grassley], and [his] fellow sponsors and cosponsors, for championing this bill and taking a stand for all AI employees.”
"In a time when AI technologies are advancing faster than many institutions can keep up, it's absolutely vital that the federal government has access to accurate, truthful information about the dangers AI poses to public health and public safety,” said Jason Green-Lowe, Executive Director of the Center for AI Policy. “Senator's Grassley's strong and effective whistleblower protection bill will honor the brave individuals who step up to report genuine dangers and make it possible for them to do the right thing without giving up their careers. The Center for AI Policy firmly endorses this important and well-drafted bill and urges Congress to advance it without delay."
“Sen. Grassley’s bill offers crucial protection for AI whistleblowers,” said Jacklyn DeMar, President & CEO of The Anti-Fraud Coalition. “Sector-based whistleblower protections are desperately needed to allow insiders within the AI industry to best protect investors and ensure proper safety protocols are implemented. Given the rapid development and adoption of AI throughout our society, insiders working within the industry need to be properly protected when they blow the whistle.”
“As AI systems grow more powerful and autonomous, we must shield those who sound the alarm about emerging risks. The engineers and researchers closest to these systems are the first to spot dangerous vulnerabilities or safety gaps,” said Sunny Gandhi, Vice President of Political Affairs at Encode AI. “The AI Whistleblower Protection Act creates a vital safety valve for our AI ecosystem, ensuring that legitimate national security concerns reach regulators before they spiral into preventable harm.”
“Ensuring transparency and accountability in the rapidly evolving field of AI is a public interest and national security imperative,” said Brad Carson, President of Americans for Responsible Innovation. “Employees in the industry have firsthand knowledge of practices that may jeopardize public safety and our national security. The AI Whistleblower Protection Act ensures they aren’t silenced by a fear of retaliation.”
Full text of the legislation is available HERE.
Background:
Last year, Grassley sent a letter to OpenAI CEO Sam Altman raising concerns about the alleged use of illegally restrictive NDAs, as well as the company’s employment, severance and non-disparagement agreements.
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