[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 984 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 984

 To prevent abuses of electronic monitoring in the workplace, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                May 19 (legislative day, April 19), 1993

   Mr. Simon introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
 To prevent abuses of electronic monitoring in the workplace, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Privacy for Consumers and Workers 
Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Continuous electronic monitoring.--The term 
        ``continuous electronic monitoring'' includes activities in 
        which electronic monitoring of employees occurs on a continuous 
        basis and is not periodic or random in nature, and such term 
        shall include the periodic inspection of continuous video 
        monitoring from an off-site location, which is used to deter 
        crime and to provide evidence to law enforcement personnel as 
        well as electronic identifiers or accessors such as electronic 
        card or badge access systems.
            (2) Electronic monitoring.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the term ``electronic monitoring'' means the 
                collection, storage, analysis, or reporting of 
                information concerning an individual's activities by 
                means of a computer, electronic observation and 
                supervision, telephone service observation, telephone 
                call accounting, or other form of visual, auditory, or 
                computer-based technology that is conducted by any 
                method other than direct observation by another person, 
                including the following methods: Transfer of signs, 
                signals, writing, images, sounds, data, or intelligence 
                of any nature which are transmitted in whole or in part 
                by a wire, radio, electromagnetic, photoelectronic, or 
                photo-optical system.
                    (B) Telephone call accounting.--The term 
                ``telephone call accounting'' means the practice of 
                recording the telephone numbers called by a specific 
                telephone or group of telephones, including--
                            (i) the telephone number from which a call 
                        is being made,
                            (ii) the telephone number which is being 
                        called,
                            (iii) the time when the telephone call was 
                        connected,
                            (iv) the time when the telephone call was 
                        completed, and
                            (v) identification of the operator, if any, 
                        who assisted in placing the telephone call,
        for the purpose of individual employee evaluations or the 
        setting of production quotas or work performance expectations.
                    (C) Exclusion.--The term ``electronic monitoring'' 
                does not include--
                            (i) the interception of wire, electronic, 
                        or oral communications as described in chapter 
                        119 of title 18, United States Code; and
                            (ii) the electronic transfer of--
                                    (I) payroll data,
                                    (II) insurance and other benefit 
                                data,
                                    (III) employee job application 
                                data, or
                                    (IV) other personnel-related data 
                                that an employer may collect,
                        for administrative purposes only.
            (3) Employee.--The term ``employee'' means any current, 
        former, or leased employee of an employer.
            (4) Employer.--The term ``employer'' means any person who--
                    (A) is engaged in commerce, and
                    (B) who employs employees,
        and includes any individual, corporation, partnership, labor 
        organization, unincorporated association, or any other legal 
        business, the Federal Government, any State (or political 
        subdivision thereof), and any agent of the employer.
            (5) Personal data.--The term ``personal data'' means any 
        information concerning an employee which, because of name, 
        identifying number, mark, or description, can be readily 
        associated with a particular individual, and such term includes 
        information contained in printouts, forms, or written analyses 
        or evaluations.
            (6) Prospective employee.--The term ``prospective 
        employee'' means an individual who has applied for a position 
        of employment with an employer.
            (7) Telephone service observation.--The term ``telephone 
        service observation'' means the practice of listening to or 
        recording telephone calls being made by, or received by, an 
        employee in order to monitor the quality of service provided by 
        the employee.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 3. GENERAL REQUIREMENTS.

    (a) Engaging in Electronic Monitoring.--An employer may engage in 
electronic monitoring of the employer's employees only so long as the 
employer complies with the provisions of this Act and other applicable 
law, including section 15.
    (b) Review and Use.--An employer may review data obtained by the 
electronic monitoring of the employer's employees only if the employer 
meets the requirements of section 6, and may use such data only if the 
employer meets the requirements of section 8.

SEC. 4. NOTICE REQUIREMENTS.

    (a) Secretary's Notice.--
            (1) In general.--The Secretary shall prepare, have printed, 
        and distribute to employers a notice that will inform 
        employees--
                    (A) that an employer engages in or may engage in 
                electronic monitoring of employees and specifies the 
                circumstances (including the electronic monitoring and 
                exception described in section 5) under which an 
                employee is or is not entitled to additional notice 
                under this section; and
                    (B) of the rights and protections provided to 
                employees by this Act.
            (2) Posting of notice.--Each employer who engages in 
        electronic monitoring shall post and maintain the notice 
        required in paragraph (1) in conspicuous places on its premises 
        where notices to employees are customarily posted.
    (b) Employer's Specific Notice.--Each employer shall provide to 
each employee who will be electronically monitored, and the exclusive 
bargaining representative, if any, prior written notice describing the 
following regarding the electronic monitoring of such employees:
            (1) The forms of electronic monitoring to be used.
            (2) The personal data to be collected.
            (3) The hours and days per calendar week that electronic 
        monitoring will occur.
            (4) The use to be made of personal data collected.
            (5) Interpretation of printouts of statistics or other 
        records of information collected through electronic monitoring 
        if the interpretation or records may affect one or more of the 
        employer's employees.
            (6) Existing production standards and work performance 
        expectations.
            (7) Methods for determining production standards and work 
        performance expectations based on electronic monitoring 
        statistics if the methods affect the employees.
            (8) A description of the electronic monitoring.
            (9) A description of the exception that is authorized under 
        section 5(c)(1) to be undertaken without notice.
    (c) Employer's Notice to Prospective Employees.--
            (1) In general.--Each employer shall notify a prospective 
        employee at the first personal interview of existing forms of 
        electronic monitoring conducted by the employer which may 
        affect the prospective employee if such employee is hired by 
        the employer.
            (2) Specific notice.--Each employer, upon request by a 
        prospective employee or when the employer offers employment to 
        a prospective employee, shall provide the prospective employee 
        with the written notice described in subsection (b).
    (d) Customer Notice.--Employers who engage in telephone service 
observation shall inform customers who may be subject to such telephone 
service observation of this practice in any recorded message or 
automated attendant used in connection with customer telephone calls. 
If the employer does not use such a recorded message or automated 
attendant, the employer shall place in each of its customer bills a 
statement that the employer is engaging in such observation.
    (e) Public Notice.--If an employer engages in electronic monitoring 
of members of the public who are not customers of the employer, the 
employer shall notify such individuals of such electronic monitoring. 
Such notice may take the form that is reasonably calculated to reach 
members of the public who may be affected.
    (f) Government Notice.--If a Federal agency engages in telephone 
service observation, the agency shall provide the public, upon the 
public's telephone contact of the Federal agency, a reasonable 
opportunity to not be a part of or included in any such observation.
    (g) Rule of Construction.--Notice provided under this Act shall not 
be construed as constituting consent under chapter 119 of title 18, 
United States Code.

SEC. 5. PERIODIC OR RANDOM ELECTRONIC MONITORING.

    (a) General Rule.--An employer may engage in electronic monitoring 
of any of the employer's employees on a periodic or random basis as 
authorized in subsection (b).
    (b) Authority.--
            (1) New employees.--An employer may engage in periodic or 
        random electronic monitoring of an employer's employee if the 
        cumulative total period of such employee's employment with the 
        employer is not more than 60 working days.
            (2) Work groups.--An employer may engage in electronic 
        monitoring of a work group of employees on a periodic or random 
        basis for not more than 2 hours in any calendar week. Except as 
        otherwise provided in this subsection, the notice required 
        under section 4(b) to each of the employer's employees within 
        such work group for such electronic monitoring shall be 
        provided to each of the employer's employee within the work 
        group at least 24 hours but not more than 72 hours prior to 
        engaging in such electronic monitoring. For purposes of this 
        subsection, the term ``work group'' means a group of employees 
        employed in a single facility and engaged in substantially 
        similar work at a common time and in physical proximity to each 
        other.
            (3) Other employees.--An employer may not engage in 
        periodic or random electronic monitoring of an employee with a 
        cumulative employment period of at least 5 years with the 
        employer.
    (c) Exception to Notice Requirement.--
            (1) Special electronic monitoring.--Subject to paragraph 
        (2), an employer, other than the Federal Government or State or 
        political subdivision thereof, who has a reasonable suspicion 
        that an employer's employee is engaged in or is about to engage 
        in conduct which--
                    (A) violates criminal or civil law, or constitutes 
                willful gross misconduct; and
                    (B) has a significant adverse effect involving 
                economic loss or injury to the employer or the 
                employer's employees,
        the employer may engage, on the employer's worksite, in 
        electronic monitoring of such employee or of an area in which 
        the actions described in subparagraphs (A) and (B) occur 
        without providing the notice required by section 4(b), 5(a) or 
        5(b), and without regard to sections 9, 10(a), and 11(2).
            (2) Statement.--Before engaging in the electronic 
        monitoring described in paragraph (1), an employer shall 
        execute a statement setting forth--
                    (A) with particularity the conduct that is being 
                electronically monitored and the basis for the 
                electronic monitoring;
                    (B) an identification of the specific economic loss 
                or injury to the business of the employer or the 
                employer's employees resulting from such conduct or the 
                injury to the interests of such employer or employer's 
                employees; and
                    (C) that the employer is in compliance with section 
                5(c)(1).
        The employer shall sign the statement and retain it for 3 years 
        from the date the electronic monitoring began or until judgment 
        is rendered in an action brought under section 12(c) by an 
        employee affected by such electronic monitoring, whichever is 
        later.

SEC. 6. REVIEW OF CONTINUOUS ELECTRONIC MONITORING.

    (a) Review During Electronic Monitoring.--No employer may review 
data obtained by continuous electronic monitoring of the employer's 
employees on a periodic or random basis, unless the electronic data was 
obtained from the use of an electronic identifier, locator, or 
accessor, such as an electronic card or badge access system, telephone 
call accounting system, or the data is continuously monitored by an 
employer or appears simultaneously on multiple television screens or 
sequentially on a single screen.
    (b) Review After Electronic Monitoring.--An employer may review 
data obtained by continuous electronic monitoring of the employer's 
employees after the electronic monitoring was completed only if review 
was limited to specific data that the employer has reason to believe 
contains information relevant to an employee's work.

SEC. 7. EMPLOYEE REVIEW OF RECORDS.

    (a) In General.--Except as provided in subsection (b), each 
employer shall provide the employer's employee (or the employee's 
authorized agent) and the exclusive bargaining representative, if any, 
with a reasonable opportunity to review and, upon request, a copy of 
all personal data obtained or maintained by electronic monitoring of 
the employee.
    (b) Exception.--
            (1) In general.--Except as provided in paragraph (2), an 
        employer is not required to provide the employer's employee (or 
        the employee's authorized agent) or the exclusive bargaining 
        representative, if any, a reasonable opportunity to review data 
        that are obtained by electronic monitoring described in section 
        5(c)(1).
            (2) Review permitted.--If--
                    (A) the investigation by an employer with respect 
                to electronic monitoring described in section 5(c)(1) 
                that was conducted on the employer's employee has been 
                completed, or
                    (B) disciplinary action has been initiated by an 
                employer against the employer's employee who was the 
                subject of such electronic monitoring,
        whichever occurs first, such employer shall promptly provide 
        such employee (or the employee's authorized agent) and 
        exclusive bargaining representative, if any, with a reasonable 
        opportunity to review and upon request, obtain a copy of, the 
        personal data, and any interpretation of such data obtained 
        from such electronic monitoring.

SEC. 8. USE OF DATA COLLECTED BY ELECTRONIC MONITORING.

    (a) Employer Actions.--An employer shall not take any action 
against an employee on the basis of personal data obtained by 
electronic monitoring of such employee unless the employer has complied 
with all the requirements of this Act.
    (b) Data Shall Not Be Used as Sole Basis for Evaluation or 
Production Quotas.--An employer shall not use quantitative data on an 
employee that is obtained by electronic monitoring and that records the 
amount of work performed by such employee within a specific time as the 
sole basis for--
            (1) individual employee performance evaluation; or
            (2) setting production quotas or work performance 
        expectations,
unless an employee is not working at a facility of an employer and 
transmits the employee's work to the employer electronically, and such 
data is the only basis available to such employer for such purposes.

SEC. 9. ACCESS TO DATA.

    (a) In general.--When an employer has an immediate business need 
for specific data and if the employer's employee who maintains such 
data is not available, the employer may access such data if--
            (1) the data is alphanumeric data and does not include data 
        obtained by the aural or visual monitoring of the employer's 
        employees or the interception of the employer's employee 
        communications;
            (2) the data will not be used for the purpose of discipline 
        or performance evaluation; and
            (3) the employer notifies the employee who maintains such 
        data that the employer has accessed such data and provides such 
        notice within a reasonable time after the access has occurred.
    (b) Definition.--As used in subsection (a), the term ``alphanumeric 
data'' means data consisting entirely of letters, numbers, and other 
symbols. Such term does not include visual images, audio impressions or 
data that can be used to create visual or auditory information.

SEC. 10. PRIVACY PROTECTIONS.

    (a) Work Related.--No employer may intentionally collect personal 
data about an employee through electronic monitoring if the data are 
not confined to the employee's work, unless the employee is a customer 
of the employer at the time of the electronic monitoring.
    (b) Private Areas.--No employer may engage in electronic monitoring 
in--
            (1) bathrooms;
            (2) locker rooms; or
            (3) dressing rooms.
    (c) First Amendment Rights.--
            (1) In general.--An employer shall not intentionally engage 
        in electronic monitoring of an employee when the employee is 
        exercising First Amendment rights, and an employer shall not 
        intentionally use or disseminate personal data obtained by 
        electronic monitoring of an employee when the employee is 
        exercising First Amendment Rights.
            (2) Exception.--Electronic monitoring by an employer whose 
        purpose and principal effect is to collect data about the work 
        of an employee of the employer is not prohibited by paragraph 
        (1) because it collects some incidental data concerning the 
        exercise of an employee's First Amendment rights.
    (d) Disclosure.--An employer shall not disclose personal data 
obtained by electronic monitoring to any person or other employer or 
business entity except to (or with the prior written consent of) the 
individual employee to whom the data pertain, unless the disclosure 
would be--
            (1) to officers and employees of the employer who have a 
        legitimate need for the information in the performance of their 
        duties;
            (2) to a law enforcement agency pursuant to a warrant 
        issued under the Federal Rules of Criminal Procedure, an 
        equivalent State warrant, a grand jury subpoena, or an 
        administrative subpoena authorized by a Federal or State 
        statute;
            (3) to the public if the data contain evidence of illegal 
        conduct by a public official or have a direct and substantial 
        effect on public health or safety; or
            (4) to the exclusive bargaining representative, if any.
    (e) Issuance of Court Order.--A court order for disclosure under 
subsection (b) or (c) shall issue only if the law enforcement agency 
demonstrates that there is reason to believe the contents of the data 
are relevant to a legitimate law enforcement inquiry. In the case of a 
State governmental authority, such a court order shall not issue if 
prohibited by the laws of such State. A court issuing an order pursuant 
to this section, on a motion made promptly by the service provider, may 
quash or modify such order, if the data requested are unusually 
voluminous in nature or compliance with such order would cause an undue 
burden on the employer.
    (f) Exception.--Electronic monitoring, including security cameras, 
whose purpose and principal effect is to collect data permitted by this 
Act is not prohibited by subsection (a) because it collects some data 
that is not confined to such employee's work or because it collects 
some data concerning the exercise of an employee's First Amendment 
rights.

SEC. 11. PROHIBITIONS.

    No employer may--
            (1) violate any requirement of this Act,
            (2) engage in video monitoring with a video camera that is 
        not visible to the subject of the electronic monitoring, except 
        in the case of electronic monitoring described in section 
        5(c)(1), 13(a), 13(b), or 13(c)(2),
            (3) interfere with, or deny the exercise or the attempted 
        exercise by, an employee of any right provided by section 
        10(c), or
            (4) discharge, discipline, or in any manner discriminate 
        against an employee with respect to the employee's compensation 
        or terms, conditions, or privileges of employment because the 
        employee (or any person acting pursuant to a request of the 
        employee) has--
                    (A) instituted any proceeding relating to a 
                violation of this Act,
                    (B) has testified or is about to testify in any 
                such proceedings, or
                    (C) disclosed information that the employee 
                reasonably believes evidences a violation of this Act.

SEC. 12. ENFORCEMENT PROVISIONS.

    (a) Civil Penalties.--
            (1) In general.--Subject to paragraph (2), any employer who 
        violates any provision of this Act may be assessed a civil 
        penalty of not more than $10,000 for each such violation.
            (2) Considerations.--In determining the amount of any 
        penalty under paragraph (1), the Secretary shall take into 
        account the previous record of the person in terms of 
        compliance with this Act and the gravity of the violation.
            (3) Assessment and collection.--Any civil penalty under 
        this subsection shall be assessed by the Secretary and shall be 
        collected in the same manner as is required by subsections (b) 
        through (e) of section 503 of the Migrant and Seasonal 
        Agricultural Worker Protection Act (29 U.S.C. 1853) with 
        respect to civil penalties assessed under subsection (a) of 
        such section.
    (b) Actions by the Secretary.--The Secretary may bring an action 
under this section to restrain violations of this Act. The Solicitor of 
Labor may appear for and represent the Secretary in any litigation 
brought under this Act. In any action brought under this section, the 
district courts of the United States shall have jurisdiction, for cause 
shown, to issue temporary or permanent restraining orders and 
injunctions to require compliance with this Act, including such legal 
and equitable or declaratory relief incident thereto as may be 
appropriate, including employment, reinstatement, promotion, the 
payment of lost wages and benefits, and reasonable attorney fees and 
other litigation costs reasonably incurred.
    (c) Private Civil Actions.--
            (1) In general.--An employer who violates this Act shall be 
        liable to the employee or prospective employee affected, or any 
        other person aggrieved, by such violation. Such employer shall 
        be liable for such legal and equitable or declaratory relief as 
        may be appropriate, including employment, reinstatement, 
        promotion, and the payment of lost wages and benefits.
            (2) Jurisdiction.--An action to recover the liability 
        prescribed in paragraph (1) may be maintained against the 
        employer in any Federal or State court of competent 
        jurisdiction by any person for or on behalf of an employee, 
        prospective employee or other aggrieved person.
            (3) Limitation.--No such action may be commenced more than 
        3 years after the date--
                    (A) the employee, prospective employee, or other 
                aggrieved person knew of, or
                    (B) the employee, prospective employee, or other 
                aggrieved person could reasonably be expected to know 
                of,
        the alleged violation.
            (4) Costs.--The court shall allow the prevailing party 
        (other than the Federal Government) reasonable costs, including 
        attorney's fees and expert witness fees.
    (d) Waiver of Rights Prohibited.--The rights and procedures 
provided by this Act may not be waived by contract or otherwise, unless 
such waiver is part of a written settlement agreed to and signed by the 
parties to a pending action or complaint under this Act.

SEC. 13. APPLICATION.

    (a) Law Enforcement.--This Act shall not apply to electronic 
monitoring administered by law enforcement agencies as may otherwise be 
lawfully permitted under criminal investigations.
    (b) Workmen's Compensation.--This Act shall not apply to electronic 
monitoring conducted by employers in connection with the investigation 
of a workers compensation claim unless there is reasonable suspicion of 
fraud or the claim involves at least $25,000.
    (c) Required Electronic Monitoring.--This Act (other than sections 
4(a), 4(b)(1), 4(b)(2), 4(b)(4), 7, 8, 9, and 10) shall not apply to 
electronic monitoring--
            (1) conducted by an employer pursuant to Federal law 
        (including regulations) governing public safety or security for 
        public transportation;
            (2) conducted by or for--
                    (A) the intelligence community, as defined in 
                Executive Order 12333 (or successor order); or
                    (B) intelligence community contractors with respect 
                to contracts that bear upon national security 
                information, as defined by Executive Order 12356 (or 
                successor order);
            (3) conducted by an employer registered under section 6, 
        15, 15A, 15B, 15C, or 17A of the Securities Exchange Act of 
        1934 (15 U.S.C. 78 et seq.), section 8(a) of the Investment 
        Company Act of 1940 (15 U.S.C. 80a-1(a)), or sections 
        202(a)(11) and 203(a) of the Investment Advisers Act of 1940 
        (15 U.S.C. 80b-2(a)(11) and 80b-3(a)), conducted by an employer 
        or a person associated with an employer registered or exempt 
        from such registration under section 4d, 4e, 4k, or 4m of the 
        Commodity Exchange Act (7 U.S.C. 6d, 6e, 6k, or 6m), conducted 
        by a self-regulatory organization or its affiliated 
        clearinghouse designated, registered, or exempt from 
        registration under section 6 or 17 of such Act (7 U.S.C. 8, 
        21), or conducted by an employer who provides an electronic 
        trading system or other facilities for one or more self-
        regulatory organizations designated, registered, or exempt from 
        registration under section 6 or 17 of such Act (7 U.S.C. 8, 
        21), as long as such monitoring is confined to management or 
        professional employees with significant financial 
        responsibility that involves the use of independent judgment;
            (4) conducted by an employer that is a financial 
        institution, as defined in section 20 of title 18, United 
        States Code or subparagraph (A), (B), (C), (D), or (F) of 
        section 5312(a)(2) of title 31, United States Code, as long as 
        such monitoring is confined to management or professional 
        employees with significant financial responsibility that 
        involves the use of independent judgment; or
            (5) conducted only to the extent necessary to ensure an 
        employee provides the notices required by the Truth in Lending 
        Act and the regulation under such Act designated Regulation Z, 
        the Equal Credit Opportunity Act and the regulation under such 
        Act designated Regulation B, the Fair Credit Reporting Act, the 
        Fair Credit Billing Act, the Fair Debt Collection Practices 
        Act, the rule of the Federal Trade Commission on credit 
        practices, the regulations and consent orders of the Federal 
        Trade Commission on unfair acts and practices, the Telephone 
        Consumer Protection Act of 1991 and regulations under such Act, 
        and all corresponding State laws and regulations.
    (d) Third Party.--
            (1) Monitoring for another person.--A person who engages in 
        electronic monitoring may not perform electronic monitoring for 
        another person unless the requirements of this Act are complied 
        with.
            (2) Use of data.--A person who contracts with or otherwise 
        obtains the services of a third party to electronically monitor 
        the employees of such person may not use the data obtained from 
        such monitoring unless the requirements of this Act are 
        complied with.

SEC. 14. REGULATIONS.

    The Secretary shall, within 6 months after the date of the 
enactment of this Act, issue regulations to carry out this Act.

SEC. 15. PREEMPTION.

    This Act shall not be construed to restrict, limit, or eliminate a 
requirement of the Federal Government, or a State or political 
subdivision of a State or of a collective bargaining agreement relating 
to privacy or electronic monitoring that is more stringent than any 
requirement of this Act.

SEC. 16. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AND 
              SENATE.

    (a) Definitions.--For purposes of this section--
            (1) the term ``employee'' means any current, prospective, 
        or former employee of an employing authority or any leased 
        employee;
            (2) the term ``employing authority''--
                    (A) has the meaning given it in the Fair Employment 
                Practices Resolution, except that with respect to a 
                position on the minority staff of a committee, such 
                term means the ranking minority member of such 
                committee; and
                    (B) includes Senate employees as defined in section 
                301(c)(1) of the Civil Rights Act of 1991; and
            (3) the term ``Fair Employment Practices Resolution'' 
        means--
                    (A) House Resolution 558 of the One Hundredth 
                Congress, as adopted October 4, 1988, and incorporated 
                into Rule LI of the Rules of the House of 
                Representatives of the One Hundred Second Congress; or
                    (B) any other provision that continues in effect 
                the provisions of such resolution.
    (b) Application.--With the exception of section 12, this Act 
(including the substantive requirements of implementing regulations 
issued under section 14) shall apply to employees and to employing 
authorities.
    (c) Administration.--
            (1) House of representatives.--The remedies and procedures 
        of the Fair Employment Practices Resolution shall apply with 
        respect to a violation of this Act as it is made applicable by 
        subsection (b) to employees of the employing authorities 
        described in subsection (a)(2)(A). The Office of Fair 
        Employment Practices may, in addition to those remedies 
        available under the Fair Employment Practices Resolution, 
        assess such an employing authority a civil penalty of not more 
        than $10,000 for each violation. In determining the amount, the 
        Office shall take into account the previous record of the 
        employing authority involved in terms of compliance with this 
        section and the gravity of the violation. Any such penalty 
        collected shall be paid into the Treasury of the United States.
            (2) Senate.--The remedies and procedures utilized by the 
        Office of Senate Fair Employment Practices shall apply with 
        respect to a violation of this Act as it is made applicable by 
        subsection (b) to employees of the employing authorities 
        described in subsection (a)(2)(B). The Office of Senate Fair 
        Employment Practices may, in addition to those remedies 
        otherwise available, assess such an employing authority a civil 
        penalty of not more than $10,000 for each violation. In 
        determining the amount, the Office shall take into account the 
        previous record of the employing authority involved in terms of 
        compliance with this section and the gravity of the violation. 
        Any such penalty collected shall be paid into the Treasury of 
        the United States.
    (d) Waiver of Rights Prohibited.--The rights and procedures 
provided by this Act may not be waived by contract or otherwise, unless 
such waiver is part of a written settlement agreed to and signed by the 
parties to a pending action or complaint under this Act.
    (e) Notice.--Each employing authority shall post and keep posted in 
conspicuous places on its premises a notice that shall be--
            (1) with respect to the employing authorities described in 
        subsection (a)(2)(A), prepared by the Office of Fair Employment 
        Practices; and
            (1) with respect to the employing authorities described in 
        subsection (a)(2)(B), prepared by the Office of Senate Fair 
        Employment Practices;
setting forth such information as each such Office considers to be 
appropriate to carry out this section. Such notice, at a minimum, shall 
provide the same information as that required under section 4(a).
    (f) Rulemaking.--Subsection (c) is enacted as an exercise of the 
rulemaking power of the House of Representatives and the Senate, 
respectively, with full recognition of the right of the House of 
Representatives and the Senate to change its rules in the same manner, 
and to the same extent, as in any other rule of the House of 
Representatives and the Senate.
    (g) Enforcement.--Notwithstanding any other provision of this Act, 
no officer or employee of the executive branch of the Federal 
Government shall have authority to administer, interpret, or enforce 
this section.

SEC. 17. EFFECTIVE DATE.

    This Act shall take effect on 6 months after the date of the 
enactment of this Act, except that an employer who is engaged in 
electronic monitoring on the expiration of such 6 months shall have 60 
calendar days after such expiration to provide each affected employee 
with the notice required by this Act.

                                 <all>

S 984 IS----2