ception, cognition, planning, learning, commu-
nication, or physical action. 
(C) An artificial system designed to think 
or act like a human, including cognitive archi-
tectures and neural networks. 
(D) A set of techniques, including machine 
learning, that are designed to approximate a 
cognitive task. 
(E) An artificial system designed to act ra-
tionally, including an intelligent software agent 
or embodied robot that achieves goals using 
perception, planning, reasoning, learning, com-
municating, decision making, and acting. 
(4) ARTIFICIAL SYSTEM.—The term ‘‘artificial 
system’’— 
(A) means any data system, software, ap-
plication, tool, or utility that operates in whole 
or in part using dynamic or static machine 
learning algorithms or other forms of artificial 
intelligence, including in the case— 
(i) the data system, software, applica-
tion, tool, or utility is established primarily 
for the purpose of researching, developing, 
or implementing artificial intelligence tech-
nology; or 
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(ii) artificial intelligence capability is 
integrated into another system or agency 
business process, operational activity, or 
technology system; and 
(B) does not include any common commer-
cial product within which artificial intelligence 
is embedded, such as a word processor or map 
navigation system. 
(5) COMMERCE.—The terms ‘‘commerce’’ and 
‘‘industry or activity affecting commerce’’ mean any 
activity, business, or industry in commerce or in 
which a labor dispute would hinder or obstruct com-
merce or the free flow of commerce, and include 
‘‘commerce’’ and any ‘‘industry affecting com-
merce’’, as defined in paragraphs (1) and (3) of sec-
tion 501 of the Labor Management Relations Act, 
1947 (29 U.S.C. 142 (1) and (3)). 
(6) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’ includes— 
(A) an employee, including a former em-
ployee; and 
(B) an independent contractor, including a 
former independent contractor. 
(7) 
EMERGING
ARTIFICIAL
INTELLIGENCE 
TECHNOLOGY.—The term ‘‘emerging artificial intel-
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ligence technology’’, with respect to an AI security 
vulnerability, means any artificial system that exhib-
its a level of performance, complexity, or autonomy 
that is comparable to or exceeds capabilities that are 
generally considered state-of-the-art as of the time 
of the AI security vulnerability. 
(8) EMPLOYER.—The term ‘‘employer’’ means 
any person (including any officer, employee, con-
tractor, subcontractor, agent, company, partnership, 
or other individual or entity) engaged in commerce 
or an industry or activity affecting commerce who 
pays any compensation to a covered individual in ex-
change for the covered individual providing work to 
the person. 
SEC. 3. ANTI-RETALIATION PROTECTION FOR AI WHISTLE-
BLOWERS. 
(a) PROHIBITION AGAINST RETALIATION.—No em-
ployer may, directly or indirectly, discharge, demote, sus-
pend, threaten, blacklist, harass, or in any other manner 
discriminate against a covered individual in the terms and 
conditions of employment or post-employment of the cov-
ered individual (or the terms and conditions of work pro-
vided by the covered individual as an independent con-
tractor) because of any lawful act done by the covered in-
dividual— 
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(1) in providing information regarding an AI 
security vulnerability or AI violation, or any conduct 
that the covered individual reasonably believes con-
stitutes an AI security vulnerability or AI violation, 
to— 
(A) the appropriate regulatory official or 
the Attorney General; 
(B) a regulatory or law enforcement agen-
cy; or 
(C) any Member of Congress or any com-
mittee of Congress; 
(2) in initiating, testifying in, or assisting in 
any investigation or judicial or administrative action 
of an appropriate regulatory or law enforcement 
agency or the Department of Justice, or any inves-
tigation of Congress, based upon or related to the 
information described in paragraph (1); or 
(3) in providing information regarding an AI 
security vulnerability or AI violation, or any conduct 
that the covered individual reasonably believes con-
stitutes an AI security vulnerability or AI violation, 
to— 
(A) a person with supervisory authority 
over the covered individual at the employer of 
the covered individual; or 
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(B) another individual working for the em-
ployer described in subparagraph (A) whom the 
covered individual reasonably believes has the 
authority to— 
(i) investigate, discover, or terminate 
the misconduct; or 
(ii) take any other action to address 
the misconduct. 
(b) ENFORCEMENT.— 
(1) IN GENERAL.—A covered individual who al-
leges they are aggrieved by a violation of subsection 
(a) may seek relief under paragraph (3) by— 
(A) filing a complaint with the Secretary of 
Labor in accordance with the requirements of 
paragraph (2)(A); or 
(B) if the Secretary of Labor has not 
issued a final decision in accordance with such 
paragraph within 180 days of the filing of a 
complaint under subparagraph (A), and there is 
no showing that such a delay is due to the bad 
faith of the covered individual, bringing an ac-
tion against the employer at law or in equity in 
the appropriate district court of the United 
States, which shall have jurisdiction over such 
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an action without regard to the amount in con-
troversy. 
(2) PROCEDURE.— 
(A) 
DEPARTMENT
OF
LABOR
COM-
PLAINTS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii) and paragraph (3), a com-
plaint filed with the Secretary of Labor 
under paragraph (1)(A) shall be governed 
by the rules and procedures set forth in 
section 42121(b) of title 49, United States 
Code, including the legal burdens of proof 
described in such section. 
(ii) EXCEPTIONS.—With respect to a 
complaint filed under paragraph (1)(A), 
notification 
required 
under 
section 
42121(b)(1) of title 49, United States 
Code, shall be made to each person named 
in the complaint, including the employer. 
(B) DISTRICT COURT ACTIONS.— 
(i) JURY TRIAL.—A party to an action 
brought under paragraph (1)(B) shall be 
entitled to trial by jury. 
(ii) STATUTE OF LIMITATIONS.— 
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(I) IN GENERAL.—An action may 
not be brought under paragraph 
(1)(B)— 
(aa) more than 6 years after 
the date on which the violation of 
subsection (a) occurs; or 
(bb) more than 3 years after 
the date on which facts material 
to the right of action are known, 
or reasonably should have been 
known, by the covered individual 
bringing the action. 
(II) REQUIRED
ACTION
WITHIN 
YEARS.—Notwithstanding 
sub-
clause (I), an action under paragraph 
(1)(B) may not in any circumstance 
be brought more than 10 years after 
the date on which the violation occurs. 
(3) RELIEF.—Relief for a covered individual 
prevailing with respect to a complaint filed under 
paragraph (1)(A) or an action under paragraph 
(1)(B) shall include— 
(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the violation; 
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(B) 2 times the amount of back pay other-
wise owed to the covered individual, with inter-
est; 
(C) the payment of compensatory damages, 
which shall include compensation for litigation 
costs, expert witness fees, and reasonable attor-
neys’ fees; and 
(D) any other appropriate remedy with re-
spect to the violation as determined by the Sec-
retary of Labor in a complaint under subpara-
graph (A) of paragraph (1) or by the court in 
an action under subparagraph (B) of such 
paragraph. 
(c) NONENFORCEABILITY WAIVERS OF RIGHTS OR 
REMEDIES.—The rights and remedies provided for in this 
section may not be waived or altered by any contract, 
agreement, policy form, or condition of employment (or 
condition of work as an independent contractor), including 
by any agreement requiring a covered individual to engage 
in arbitration, mediation, or any other alternative dispute 
resolution process prior to seeking relief under subsection 
(b). 
Æ 
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