,,ii #aaith ,,congress #ast ,session ,s4 #agib ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjbe ,mr4 ,grassley 7for himself1 ,mr4 ,coons1 ,mrs4 ,blackburn1 ,ms4 ,klobuchar1 ,mr4 ,hawley1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit employment discrimination against whistleblowers reporting ,,ai security vulnerabilities or ,,ai violations1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ai ,whistleblower ,protection ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,,ai security vulnerability ,the term ,,ai security vulnerability means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person 7including a foreign entity7 by theft or other means4 7#b7 ,,ai violation ,the term ,,ai violation means-- 7,a7 any violation of ,federal law1 including rules and regulations1 related to or committed during the development1 deployment1 or use of artificial intelligence2 or 7,b7 any failure to appropriately respond to a substantial and specific danger that the development1 deployment1 or use of artificial intelligence may pose to public safety1 public health1 or national security4 7#c7 ,artificial intelligence ,the term artificial intelligence includes any of the following3 7,a7 ,an artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight1 or that can learn from experience and improve performance when exposed to data sets4 7,b7 ,an artificial system developed in computer software1 physical hardware1 or other context that solves tasks requiring human-like perception1 cognition1 planning1 learning1 communication1 or physical action4 7,c7 ,an artificial system designed to think or act like a human1 including cognitive architectures and neural networks4 7,d7 ,a set of techniques1 including machine learning1 that are designed to approximate a cognitive task4 7,e7 ,an artificial system designed to act rationally1 including an intelligent software agent or embodied robot that achieves goals using perception1 planning1 reasoning1 learning1 communicating1 decision making1 and acting4 7#d7 ,artificial system ,the term artificial system-- 7,a7 means any data system1 software1 application1 tool1 or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence1 including in the case-- 7i7 the data system1 software1 application1 tool1 or utility is established primarily for the purpose of researching1 developing1 or implementing artificial intelligence technology2 or 7ii7 artificial intelligence capability is integrated into another system or agency business process1 operational activity1 or technology system2 and 7,b7 does not include any common commercial product within which artificial intelligence is embedded1 such as a word processor or map navigation system4 7#e7 ,commerce ,the terms commerce and industry or activity affecting commerce mean any activity1 business1 or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce1 and include commerce and any industry affecting commerce1 as defined in paragraphs 7#a7 and 7#c7 of section #eja of the ,labor ,management ,relations ,act1 #aidg 7#bi ,u4,s4,c4 #adb 7#a7 and 7#c774 7#f7 ,covered individual ,the term covered individual includes-- 7,a7 an employee1 including a former employee2 and 7,b7 an independent contractor1 including a former independent contractor4 7#g7 ,emerging artificial intelligence technology ,the term emerging artificial intelligence technology1 with respect to an ,,ai security vulnerability1 means any artificial system that exhibits a level of performance1 complexity1 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 vulnerability4 7#h7 ,employer ,the term employer means any person 7including any officer1 employee1 contractor1 subcontractor1 agent1 company1 partnership1 or other individual or entity7 engaged in commerce or an industry or activity affecting commerce who pays any compensation to a covered individual in exchange for the covered individual providing work to the person4 #c4 ,anti-retaliation protection for ,,ai whistleblowers 7a7 ,prohibition against retaliation ,no employer may1 directly or indirectly1 discharge1 demote1 suspend1 threaten1 blacklist1 harass1 or in any other manner discriminate against a covered individual in the terms and conditions of employment or post-employment of the covered individual 7or the terms and conditions of work provided by the covered individual as an independent contractor7 because of any lawful act done by the covered individual-- 7#a7 in providing information regarding an ,,ai security vulnerability or ,,ai violation1 or any conduct that the covered individual reasonably believes constitutes an ,,ai security vulnerability or ,,ai violation1 to-- 7,a7 the appropriate regulatory official or the ,attorney ,general2 7,b7 a regulatory or law enforcement agency2 or 7,c7 any ,member of ,congress or any committee of ,congress2 7#b7 in initiating1 testifying in1 or assisting in any investigation or judicial or administrative action of an appropriate regulatory or law enforcement agency or the ,department of ,justice1 or any investigation of ,congress1 based upon or related to the information described in paragraph 7#a72 or 7#c7 in providing information regarding an ,,ai security vulnerability or ,,ai violation1 or any conduct that the covered individual reasonably believes constitutes an ,,ai security vulnerability or ,,ai violation1 to-- 7,a7 a person with supervisory authority over the covered individual at the employer of the covered individual2 or 7,b7 another individual working for the employer described in subparagraph 7,a7 whom the covered individual reasonably believes has the authority to-- 7i7 investigate1 discover1 or terminate the misconduct2 or 7ii7 take any other action to address the misconduct4 7b7 ,enforcement 7#a7 ,in general ,a covered individual who alleges they are aggrieved by a violation of subsection 7a7 may seek relief under paragraph 7#c7 by-- 7,a7 filing a complaint with the ,secretary of ,labor in accordance with the requirements of paragraph 7#b77;,a72 or 7,b7 if the ,secretary of ,labor has not issued a final decision in accordance with such paragraph within #ahj days of the filing of a complaint under subparagraph 7,a71 and there is no showing that such a delay is due to the bad faith of the covered individual1 bringing an action against the employer at law or in equity in the appropriate district court of the ,united ,states1 which shall have jurisdiction over such an action without regard to the amount in controversy4 7#b7 ,procedure 7,a7 ,department of ,labor complaints 7i7 ,in general ,except as provided in clause 7ii7 and paragraph 7#c71 a complaint filed with the ,secretary of ,labor under paragraph 7#a77;,a7 shall be governed by the rules and procedures set forth in section #dbaba7;b7 of title #di1 ,united ,states ,code1 including the legal burdens of proof described in such section4 7ii7 ,exceptions ,with respect to a complaint filed under paragraph 7#a77;,a71 notification required under section #dbaba7;b77#a7 of title #di1 ,united ,states ,code1 shall be made to each person named in the complaint1 including the employer4 7,b7 ,district court actions 7i7 ,jury trial ,a party to an action brought under paragraph 7#a77;,b7 shall be entitled to trial by jury4 7ii7 ,statute of limitations 7,i7 ,in general ,an action may not be brought under paragraph 7#a77;,b7-- 7aa7 more than #f years after the date on which the violation of subsection 7a7 occurs2 or 7bb7 more than #c years after the date on which facts material to the right of action are known1 or reasonably should have been known1 by the covered individual bringing the action4 7,,ii7 ,required action within #aj years ,notwithstanding subclause 7,i71 an action under paragraph 7#a77;,b7 may not in any circumstance be brought more than #aj years after the date on which the violation occurs4 7#c7 ,relief ,relief for a covered individual prevailing with respect to a complaint filed under paragraph 7#a77;,a7 or an action under paragraph 7#a77;,b7 shall include-- 7,a7 reinstatement with the same seniority status that the covered individual would have had1 but for the violation2 7,b7 #b times the amount of back pay otherwise owed to the covered individual1 with interest2 7,c7 the payment of compensatory damages1 which shall include compensation for litigation costs1 expert witness fees1 and reasonable attorneys' fees2 and 7,d7 any other appropriate remedy with respect to the violation as determined by the ,secretary of ,labor in a complaint under subparagraph 7,a7 of paragraph 7#a7 or by the court in an action under subparagraph 7,b7 of such paragraph4 7c7 ,nonenforceability waivers of rights or remedies ,the rights and remedies provided for in this section may not be waived or altered by any contract1 agreement1 policy form1 or condition of employment 7or condition of work as an independent contractor71 including by any agreement requiring a covered individual to engage in arbitration1 mediation1 or any other alternative dispute resolution process prior to seeking relief under subsection 7b74