(1) AI SECURITY VULNERABILITYAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1).—The term ''AI security vulnerabilityAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1)'' means any failure or lapse in security that could potentially allow emerging artificial intelligence technologyEmerging artificial intelligence technology"emerging artificial intelligence technology", with respect to an AI security vulnerability, means any artificial system that exhibits 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.Sec. 2(7) to be acquired by a person (including a foreign entity) by theft or other means.

(2) AI VIOLATIONAI violation"AI violation" means— (A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or (B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.Sec. 2(2).—The term ''AI violationAI violation"AI violation" means— (A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or (B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.Sec. 2(2)'' means— (A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligenceArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3); or (B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligenceArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3) may pose to public safety, public health, or national security.

(3) ARTIFICIAL INTELLIGENCEArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3).—The term ''artificial intelligenceArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3)'' includes any of the following: (A) An artificial systemArtificial system"artificial system"— (A) means any data system, software, application, 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, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or (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 commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.Sec. 2(4) that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial systemArtificial system"artificial system"— (A) means any data system, software, application, 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, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or (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 commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.Sec. 2(4) developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial systemArtificial system"artificial system"— (A) means any data system, software, application, 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, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or (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 commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.Sec. 2(4) designed to think or act like a human, including cognitive architectures and neural networks. (D) A set of techniques, including machine learning, that are designed to approximate a cognitive task. (E) An artificial systemArtificial system"artificial system"— (A) means any data system, software, application, 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, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or (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 commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.Sec. 2(4) designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.

(4) ARTIFICIAL SYSTEMArtificial system"artificial system"— (A) means any data system, software, application, 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, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or (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 commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.Sec. 2(4).—The term ''artificial systemArtificial system"artificial system"— (A) means any data system, software, application, 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, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or (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 commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.Sec. 2(4)''— (A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligenceArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3), including in the case— (i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligenceArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3) technology; or (ii) artificial intelligenceArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3) capability is integrated into another system or agency business process, operational activity, or technology system; and (B) does not include any common commercial product within which artificial intelligenceArtificial intelligence"artificial intelligence" includes any of the following: (A) An artificial system that performs tasks under varying and unpredictable circumstances without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. (B) An artificial system developed in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action. (C) An artificial system designed to think or act like a human, including cognitive architectures 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 rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting.Sec. 2(3) is embedded, such as a word processor or map navigation system.

(5) COMMERCECommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5).—The terms ''commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5)'' and ''industry or activity affecting commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5)'' mean any activity, business, or industry in commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5) or in which a labor dispute would hinder or obstruct commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5) or the free flow of commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5), and include ''commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5)'' and any ''industry affecting commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5)'', as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).

(6) COVERED INDIVIDUALCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6).—The term ''covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6)'' includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.

(7) EMERGING ARTIFICIAL INTELLIGENCE TECHNOLOGYEmerging artificial intelligence technology"emerging artificial intelligence technology", with respect to an AI security vulnerability, means any artificial system that exhibits 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.Sec. 2(7).—The term ''emerging artificial intelligence technologyEmerging artificial intelligence technology"emerging artificial intelligence technology", with respect to an AI security vulnerability, means any artificial system that exhibits 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.Sec. 2(7)'', with respect to an AI security vulnerabilityAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1), means any artificial systemArtificial system"artificial system"— (A) means any data system, software, application, 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, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or (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 commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.Sec. 2(4) that exhibits 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 vulnerabilityAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1).

(8) EMPLOYEREmployer"employer" means any person (including any officer, employee, contractor, 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 exchange for the covered individual providing work to the person.Sec. 2(8).—The term ''employerEmployer"employer" means any person (including any officer, employee, contractor, 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 exchange for the covered individual providing work to the person.Sec. 2(8)'' means any person (including any officer, employee, contractor, subcontractor, agent, company, partnership, or other individual or entity) engaged in commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5) or an industry or activity affecting commerceCommerceThe 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 commerce or the free flow of commerce, and include "commerce" and any "industry affecting commerce", as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142 (1) and (3)).Sec. 2(5) who pays any compensation to a covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) in exchange for the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) providing work to the person.

(a) 1 PROHIBITION AGAINST RETALIATION.—No employerEmployer"employer" means any person (including any officer, employee, contractor, 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 exchange for the covered individual providing work to the person.Sec. 2(8) may, directly or indirectly, discharge, demote, suspend, threaten, blacklist, harass, or in any other manner discriminate against a covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) in the terms and conditions of employment or post-employment of the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) (or the terms and conditions of work provided by the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) as an independent contractor) because of any lawful act done by the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6)— (1) in providing information regarding an AI security vulnerabilityAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1) or AI violationAI violation"AI violation" means— (A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or (B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.Sec. 2(2), or any conduct that the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) reasonably believes constitutes an AI security vulnerabilityAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1) or AI violationAI violation"AI violation" means— (A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or (B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.Sec. 2(2), 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 vulnerabilityAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1) or AI violationAI violation"AI violation" means— (A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or (B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.Sec. 2(2), or any conduct that the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) reasonably believes constitutes an AI security vulnerabilityAI security vulnerability"AI security vulnerability" means any failure or lapse in security that could potentially allow emerging artificial intelligence technology to be acquired by a person (including a foreign entity) by theft or other means.Sec. 2(1) or AI violationAI violation"AI violation" means— (A) any violation of Federal law, including rules and regulations, related to or committed during the development, deployment, or use of artificial intelligence; or (B) any failure to appropriately respond to a substantial and specific danger that the development, deployment, or use of artificial intelligence may pose to public safety, public health, or national security.Sec. 2(2), to— (A) a person with supervisory authority over the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) at the employer of the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6); or (B) another individual working for the employerEmployer"employer" means any person (including any officer, employee, contractor, 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 exchange for the covered individual providing work to the person.Sec. 2(8) described in subparagraph (A) whom the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) reasonably believes has the authority to— (i) investigate, discover, or terminate the misconduct; or (ii) take any other action to address the misconduct.

(b)(1)–(2) 1 ENFORCEMENT.— (1) IN GENERAL.—A covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) 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 individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6), bringing an action against the employerEmployer"employer" means any person (including any officer, employee, contractor, 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 exchange for the covered individual providing work to the person.Sec. 2(8) 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 employerEmployer"employer" means any person (including any officer, employee, contractor, 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 exchange for the covered individual providing work to the person.Sec. 2(8). (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 individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) 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.

(b)(3) 1 RELIEF.—Relief for a covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) 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 individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) would have had, but for the violation; (B) 2 times the amount of back pay otherwise owed to the covered individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6), 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) 2 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 individualCovered individual"covered individual" includes— (A) an employee, including a former employee; and (B) an independent contractor, including a former independent contractor.Sec. 2(6) to engage in arbitration, mediation, or any other alternative dispute resolution process prior to seeking relief under subsection (b).