Anti-retaliation protection for AI whistleblowers

(a) Prohibition against retaliation No employer may, directly or indirectly, discharge, demote, suspend, 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 covered individual (or the terms and conditions of work provided by the covered individual as an independent contractor) because of any lawful act done by the covered individual— (1) in providing information regarding an AI security vulnerability or AI violation, or any conduct that the covered individual reasonably believes constitutes an AI security vulnerability or AI violation, to— (A) the appropriate regulatory official or the Attorney General; (B) a regulatory or law enforcement agency; or (C) any Member of Congress or any committee 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 investigation 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 constitutes 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 (B) another individual working for the employer 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 alleges 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 action against the employer at law or in equity in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in controversy. (2) Procedure (A) Department of Labor complaints (i) In general Except as provided in clause (ii) and paragraph (3), a complaint 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 (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 10 years Notwithstanding subclause (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; (B) 2 times the amount of back pay otherwise owed to the covered individual, with interest; (C) the payment of compensatory damages, which shall include compensation for litigation costs, expert witness fees, and reasonable attorneys’ fees; and (D) any other appropriate remedy with respect to the violation as determined by the Secretary of Labor in a complaint under subparagraph (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).