[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2419 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2419

 To prohibit certain uses of automated decision systems by employers, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2023

  Mr. Casey (for himself, Mr. Schatz, Mr. Fetterman, and Mr. Sanders) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To prohibit certain uses of automated decision systems by employers, 
                        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 ``No Robot Bosses Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Automated decision system.--
                    (A) In general.--The term ``automated decision 
                system'' means a system, software, or process that--
                            (i) uses computation, in whole or in part, 
                        to determine outcomes, make or aid decisions 
                        (including through evaluations, metrics, or 
                        scoring), inform policy implementation, or 
                        collect data or observations, including such a 
                        system, software, or process derived from 
                        machine learning, statistics, or other data 
                        processing or artificial intelligence 
                        techniques; and
                            (ii) is not passive computing 
                        infrastructure.
                    (B) Passive computing infrastructure.--For purposes 
                of this paragraph, the term ``passive computing 
                infrastructure'' means any intermediary technology that 
                does not influence or determine the outcome of a 
                decision, make or aid in a decision (including through 
                evaluations, metrics, or scoring), inform policy 
                implementation, or collect data or observations, 
                including web hosting, domain registration, networking, 
                caching, data storage, or cybersecurity.
            (2) Automated decision system output.--The term ``automated 
        decision system output'' means any information, assumption, 
        prediction, score, recommendation, decision, evaluation, 
        metric, conclusion, inference, or profile generated by an 
        automated decision system.
            (3) Candidate.--The term ``candidate'', with respect to an 
        employer, means an individual who applies, or applied, to be 
        employed by, or otherwise perform work for remuneration for, 
        the employer.
            (4) Covered individual.--The term ``covered individual'', 
        with respect to an employer, means an individual--
                    (A) who is employed by, or otherwise performing 
                work for remuneration for, the employer, including such 
                an individual who is--
                            (i) any individual performing work for 
                        remuneration for an employer described in 
                        clauses (i)(I) and (ii) of paragraph (6)(A);
                            (ii) any individual performing work for 
                        remuneration for an entity described in 
                        paragraph (6)(A)(i)(II);
                            (iii) any individual performing work for 
                        remuneration for an employing office described 
                        in paragraph (6)(A)(i)(III);
                            (iv) any individual performing work for 
                        remuneration for an employing office described 
                        in paragraph (6)(A)(i)(IV); or
                            (v) any individual performing work for 
                        remuneration for an employing agency described 
                        in paragraph (6)(A)(i)(V); or
                    (B) who is a candidate with respect to the 
                employer.
            (5) Employ.--The term ``employ'' has the meaning given such 
        term in section 3 of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 203).
            (6) Employer.--
                    (A) In general.--The term ``employer'' means any 
                person who is--
                            (i)(I) a covered employer who is not 
                        described in any other subclause of this 
                        clause;
                            (II) an entity employing a State employee 
                        described in section 304(a) of the Government 
                        Employee Rights Act of 1991 (42 U.S.C. 2000e-
                        16c(a));
                            (III) an employing office, as defined in 
                        section 101 of the Congressional Accountability 
                        Act of 1995 (2 U.S.C. 1301);
                            (IV) an employing office, as defined in 
                        section 411(c) of title 3, United States Code; 
                        or
                            (V) an employing agency covered under 
                        subchapter V of chapter 63 of title 5, United 
                        States Code; and
                            (ii) engaged in commerce (including 
                        government), or an industry or activity 
                        affecting commerce (including government).
                    (B) Covered employer.--In subparagraph (A), the 
                term ``covered employer''--
                            (i) means any person engaged in commerce or 
                        in any industry or activity affecting commerce 
                        who employs, or otherwise engages for the 
                        performance of work for remuneration, 11 or 
                        more covered individuals;
                            (ii) includes--
                                    (I) any person who acts, directly 
                                or indirectly, in the interest of a 
                                covered employer in relation to any 
                                individual performing work for 
                                remuneration for such covered employer;
                                    (II) any successor in interest of a 
                                covered employer;
                                    (III) any public agency; and
                                    (IV) the Government Accountability 
                                Office and the Library of Congress; and
                            (iii) does not include any labor 
                        organization (other than when acting as an 
                        employer) or anyone acting in the capacity of 
                        officer or agent of such labor organization.
                    (C) Public agency.--For purposes of this paragraph, 
                a public agency shall be considered to be a person 
                engaged in commerce or in an industry or activity 
                affecting commerce.
                    (D) Definitions.--For purposes of this paragraph, 
                the terms ``commerce'', ``person'', and ``public 
                agency'' have the meanings given the terms in section 3 
                of the Fair Labor Standards Act of 1938 (29 U.S.C. 
                203).
            (7) Employment-related decision.--The term ``employment-
        related decision'' includes a decision by an employer with 
        regard to--
                    (A) hiring a covered individual (including any 
                decision with regard to recruiting, screening, 
                interviewing, or selecting a candidate);
                    (B) firing, retaining, taking a disciplinary action 
                against, demoting, or reassigning duties of a covered 
                individual; or
                    (C) any other term, condition, or privilege of 
                employment or work of the covered individual, such as 
                relating to pay, scheduling, health care or long-term 
                care coverage, benefits, or hours worked or promoting a 
                covered individual.
            (8) Government entity.--The term ``government entity'' 
        means--
                    (A) a Federal agency (as such term is defined in 
                section 3371 of title 5, United States Code);
                    (B) a State or political subdivision thereof;
                    (C) any agency, authority, or instrumentality of a 
                State or political subdivision thereof; or
                    (D) a Tribal government or political subdivision 
                thereof.
            (9) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian or Alaska Native tribe, band, nation, pueblo, village, 
        community, component band, or component reservation 
        individually identified (including parenthetically) in the list 
        published most recently as of the date of enactment of this Act 
        pursuant to section 104 of the Federally Recognized Indian 
        Tribe List Act of 1994 (25 U.S.C. 5131).
            (10) Labor organization.--The term ``labor organization'' 
        has the meaning given the term in section 2(5) of the National 
        Labor Relations Act (29 U.S.C. 152(5)), except that such term 
        shall also include--
                    (A) any organization composed of labor 
                organizations, such as a labor union federation or a 
                State or municipal labor body; and
                    (B) any organization which would be included in the 
                definition for such term under such section 2(5) but 
                for the fact that the organization represents--
                            (i) individuals employed by the United 
                        States, any wholly owned Government 
                        corporation, any Federal Reserve Bank, or any 
                        State or political subdivision thereof;
                            (ii) individuals employed by persons 
                        subject to the Railway Labor Act (45 U.S.C. 151 
                        et seq.); or
                            (iii) individuals employed as agricultural 
                        laborers.
            (11) Predispute arbitration agreement.--The term 
        ``predispute arbitration agreement'' means any agreement to 
        arbitrate a dispute that has not yet arisen at the time of the 
        making of the agreement.
            (12) Predispute joint-action waiver.--The term ``predispute 
        joint-action waiver'' means an agreement, whether or not part 
        of a predispute arbitration agreement, that would prohibit, or 
        waive the right of, one of the parties to the agreement to 
        participate in a joint, class, or collective action in a 
        judicial, arbitral, administrative, or other forum, concerning 
        a dispute that has not yet arisen at the time of the making of 
        the agreement.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.
            (14) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, or any 
        territory or possession of the United States.
            (15) State attorney general.--The term ``State attorney 
        general'' means--
                    (A) with respect to a State, the attorney general 
                or chief law enforcement officer of the State, or 
                another official or agency designated by the State to 
                bring civil actions on behalf of the State or the 
                residents of the State; and
                    (B) with respect to a Tribal government, the 
                attorney general or chief law enforcement officer of 
                the Tribal government, or another official or agency 
                designated by the Tribal government to bring civil 
                actions on behalf of the Tribal government or the 
                Indian Tribe of the Tribal government.
            (16) State privacy regulator.--The term ``State privacy 
        regulator'' means--
                    (A) the chief consumer protection officer of a 
                State; or
                    (B) a State consumer protection agency with 
                expertise in data protection, including the California 
                Privacy Protection Agency.
            (17) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of an Indian Tribe.

SEC. 3. USE OF AN AUTOMATED DECISION SYSTEM BY AN EMPLOYER.

    (a) Employment-Related Decisions.--
            (1) In general.--An employer--
                    (A) may not rely exclusively on an automated 
                decision system in making an employment-related 
                decision with respect to a covered individual; and
                    (B) may not use an automated decision system output 
                in making an employment-related decision with respect 
                to a covered individual unless--
                            (i) the automated decision system used to 
                        generate such automated decision system output 
                        has had pre-deployment testing and validation 
                        with respect to--
                                    (I) the efficacy of the system;
                                    (II) the compliance of the system 
                                with applicable employment 
                                discrimination laws, including--
                                            (aa) title VII of the Civil 
                                        Rights Act of 1964 (42 U.S.C. 
                                        2000e et seq.);
                                            (bb) the Age Discrimination 
                                        in Employment Act of 1967 (29 
                                        U.S.C. 621 et seq.);
                                            (cc) title I of the 
                                        Americans with Disabilities Act 
                                        of 1990 (42 U.S.C. 12111 et 
                                        seq.);
                                            (dd) title II of the 
                                        Genetic Information 
                                        Nondiscrimination Act of 2008 
                                        (42 U.S.C. 2000ff et seq.);
                                            (ee) section 6(d) of the 
                                        Fair Labor Standards Act of 
                                        1938 (29 U.S.C. 206(d));
                                            (ff) sections 501 and 505 
                                        of the Rehabilitation Act of 
                                        1973 (29 U.S.C. 791; 793); and
                                            (gg) the Pregnant Workers 
                                        Fairness Act (division II of 
                                        the Consolidated Appropriations 
                                        Act, 2023 (Public Law 117-
                                        328));
                                    (III) the lack of any potential 
                                discriminatory impact of the system, 
                                including discriminatory impact based 
                                on race, color, religion, sex 
                                (including pregnancy, sexual 
                                orientation, or gender identity), 
                                national origin, age, or disability and 
                                genetic information (including family 
                                medical history); and
                                    (IV) the compliance of the system 
                                with the Artificial Intelligence Risk 
                                Management Framework released by the 
                                National Institute of Standards and 
                                Technology on January 26, 2023, or 
                                successor framework;
                            (ii) such automated decision system is, not 
                        less than annually, independently tested for 
                        discriminatory impact described in clause 
                        (i)(III) or potential biases and the results of 
                        such test are made publicly available;
                            (iii) the employer has provided the 
                        disclosure required under paragraph (2) with 
                        respect to such use of an automated decision 
                        system output;
                            (iv) such use is designed for purposes of 
                        making such an employment-related decision;
                            (v) the employer independently 
                        corroborates, via meaningful oversight by a 
                        human with appropriate and relevant experience, 
                        such automated decision system output;
                            (vi) not later than 7 days after making 
                        such an employment-related decision, the 
                        employer provides full, accessible, and 
                        meaningful documentation in plain language to 
                        such covered individual (at no cost to such 
                        covered individual) on the automated decision 
                        system output, including--
                                    (I) a description of the automated 
                                decision system used to generate such 
                                automated decision system output;
                                    (II) a description and explanation, 
                                in plain language, of the input data to 
                                such automated decision system used to 
                                generate such automated decision system 
                                output and a machine-readable copy of 
                                such data;
                                    (III) a description and explanation 
                                of how such automated decision system 
                                output was used in making such 
                                employment-related decision; and
                                    (IV) the reasoning for the use of 
                                such automated decision system output 
                                in such employment-related decision; 
                                and
                            (vii) the employer enables the covered 
                        individual to, after receiving such 
                        documentation--
                                    (I) dispute (in a manner that is 
                                accessible and equitable and does not 
                                pose an unreasonable burden on the 
                                covered individual) such automated 
                                decision system output to a human with 
                                appropriate and relevant experience; 
                                and
                                    (II) appeal such employment-related 
                                decision to a human with appropriate 
                                and relevant experience who is not the 
                                human for purposes of the corroboration 
                                under clause (v).
            (2) Disclosure.--
                    (A) In general.--An employer that uses or intends 
                to use an automated decision system output in making an 
                employment-related decision with respect to a covered 
                individual shall, in accordance with subparagraph (B), 
                disclose to such covered individual--
                            (i) that the employer uses or intends to 
                        use an automated decision system output in 
                        making such an employment-related decision;
                            (ii) a description and explanation of the 
                        automated decision system used or intended to 
                        be used to generate such automated decision 
                        system output, including--
                                    (I) the types of data collected or 
                                intended to be collected as inputs to 
                                the automated decision system and the 
                                circumstances of such collection;
                                    (II) the characteristics that the 
                                automated decision system measures or 
                                is intended to measure, such as the 
                                knowledge, skills, or abilities of the 
                                covered individual;
                                    (III) how such characteristics 
                                relate or would relate to any function 
                                required for the work or potential work 
                                of the covered individual;
                                    (IV) how the system measures or is 
                                intended to measure such 
                                characteristics; and
                                    (V) how the covered individual can 
                                interpret the automated decision system 
                                output in plain language;
                            (iii) the identity of the individual or 
                        entity that operates the automated decision 
                        system that provides such an automated decision 
                        system output;
                            (iv) how the employer uses or intends to 
                        use such an automated decision system output in 
                        making such an employment-related decision; and
                            (v) how the covered individual may dispute 
                        or appeal an employment-related decision made 
                        with respect to the covered individual using an 
                        automated decision system output.
                    (B) Timing of notice.--
                            (i) Initial disclosure.--An employer shall 
                        provide the disclosure required under 
                        subparagraph (A)--
                                    (I) in the case of a covered 
                                individual for whom an employment-
                                related decision with regard to the 
                                hiring of the covered individual--
                                            (aa) was made before the 
                                        date of enactment of this Act, 
                                        to the covered individual not 
                                        later than 30 days after such 
                                        date of enactment; or
                                            (bb) is made on or after 
                                        the date of enactment of this 
                                        Act, to the covered individual, 
                                        except as provided in subclause 
                                        (II), prior to making such 
                                        employment-related decision; 
                                        and
                                    (II) in the case of a candidate who 
                                applies to the employer on or after the 
                                date of enactment of this Act, prior to 
                                accepting an application by the 
                                candidate to be employed by, or 
                                otherwise perform work for remuneration 
                                for, the employer.
                            (ii) Subsequent disclosures.--Not later 
                        than 30 days after any information provided by 
                        an employer to a covered individual through a 
                        disclosure required under clause (ii) or (iv) 
                        of subparagraph (A) significantly changes or 
                        after any significant new information required 
                        to be provided in such a disclosure becomes 
                        available, the employer shall provide the 
                        covered individual with an updated disclosure.
            (3) Training.--An employer that uses or intends to use an 
        automated decision system output in making an employment-
        related decision with respect to a covered individual shall 
        train any individual or entity that operates the automated 
        decision system that provides such an automated decision system 
        output or uses such automated decision system output on the use 
        of such system, including on--
                    (A) the input information used by such automated 
                decision system;
                    (B) the appeals process for such an automated 
                decision system output;
                    (C) potential biases in automated decision systems;
                    (D) any limitations of the automated decision 
                system;
                    (E) any potential adverse effects to covered 
                individuals due to the automated decision system;
                    (F) any potential errors or problems related to the 
                automated decision system; and
                    (G) examples of inappropriate uses of the automated 
                decision system.
    (b) Management by an Automated Decision System.--An employer that 
manages a covered individual through an automated decision system shall 
enable the covered individual to opt out of such management and be 
managed through a human manager who is able to make employment-related 
decisions with respect to the covered individual.

SEC. 4. ESTABLISHMENT OF TECHNOLOGY AND WORKER PROTECTION DIVISION.

    (a) In General.--There is established in the Department of Labor 
the Technology and Worker Protection Division.
    (b) Administrator of the Technology and Worker Protection 
Division.--The President shall appoint an Administrator of the 
Technology and Worker Protection Division to head the Technology and 
Worker Protection Division.
    (c) Employees and Advisory Boards of the Division.--
            (1) In general.--The Administrator--
                    (A) may select, appoint, and employ, without regard 
                to the provisions of sections 3309 through 3318 of 
                title 5, United States Code, individuals, including 
                technologists, directly to positions in the competitive 
                service, as defined in section 2102 of such title, to 
                carry out the duties of the Administrator under this 
                Act; and
                    (B) may fix the compensation of the individuals 
                described in subparagraph (A) without regard to chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates, except that the rate of 
                pay for such individuals may not exceed the rate 
                payable for level V of the Executive Schedule under 
                section 5316 of that title.
            (2) Advisory boards.--
                    (A) Establishment.--The Administrator shall 
                establish the following advisory boards to advise and 
                consult with in the exercise of the functions of the 
                Administrator under this Act and to provide information 
                on emerging practices relating to the treatment of data 
                by employers:
                            (i) The User Advisory Board, which shall be 
                        comprised of experts in consumer protection, 
                        privacy, civil rights, disability rights, labor 
                        organizations, and ethics.
                            (ii) The Research Advisory Board, which 
                        shall be comprised of individuals with academic 
                        and research expertise in privacy, 
                        cybersecurity, computer science, innovation, 
                        design, ethics, economics, civil rights law, 
                        disability law, labor organizations and public 
                        policy and representatives of labor 
                        organizations.
                            (iii) The Product Advisory Board, which 
                        shall be comprised of technologists, computer 
                        scientists, designers, product managers, 
                        attorneys, representatives of labor 
                        organizations, workplace technology experts, 
                        accessibility experts, and other 
                        representatives of employers and employees.
                            (iv) The Labor Advisory Board, which shall 
                        be comprised of representatives of labor 
                        organizations and representatives of workers.
                    (B) Appointments.--The Administrator shall appoint 
                members to the advisory boards established under 
                subparagraph (A) without regard to party affiliation.
                    (C) Meetings.--Each advisory board established 
                under subparagraph (A) shall meet--
                            (i) at the call of the Administrator; and
                            (ii) not less than 2 times annually.
                    (D) Compensation and travel expenses.--A member of 
                an advisory board established under subparagraph (A) 
                who is not an officer or employee of the Federal 
                Government shall--
                            (i) be entitled to receive compensation at 
                        a rate fixed by the Administrator while 
                        attending meetings of the advisory board, 
                        including travel time; and
                            (ii) receive travel expenses, including per 
                        diem in lieu of subsistence, in accordance with 
                        applicable provisions under subchapter I of 
                        chapter 57 of title 5, United States Code.
                    (E) Exemption from the federal advisory committee 
                act.--Each advisory board established under 
                subparagraph (A) shall be exempt from chapter 10 of 
                title 5, United States Code.
            (3) Use of voluntary services.--The Administrator may, as 
        may from time to time be needed, use any voluntary or 
        uncompensated services.
            (4) Attorneys.--Attorneys appointed under this subsection 
        may appear for and represent the Administrator in any 
        litigation.
    (d) Offices.--
            (1) In general.--The principal office of the Technology and 
        Worker Protection Division shall be in the District of 
        Columbia.
            (2) Regional, local, and other offices.--The Administrator 
        may establish regional, local, or other offices, including an 
        office in the city of San Francisco, California or the San 
        Francisco Bay area in California.

SEC. 5. REGULATIONS.

    (a) In General.--
            (1) Authority.--
                    (A) In general.--Except as provided in paragraph 
                (2), the Secretary, acting through the Administrator, 
                may prescribe such regulations as may be necessary to 
                carry out this Act with respect to covered individuals 
                described in section 2(4)(A) (other than covered 
                individuals described in clauses (iii) through (v) of 
                such section) and other individuals affected by 
                employers described in subclause (I) or (II) of section 
                2(6)(A)(i), including individuals who are covered 
                individuals described in section 2(4)(B) with respect 
                to such employers.
                    (B) Consultation.--In prescribing any regulations 
                authorized under this paragraph, the Secretary, acting 
                through the Administrator, may consult with--
                            (i) Federal agencies that have jurisdiction 
                        over Federal privacy laws or expertise in 
                        privacy, including the Federal Trade 
                        Commission;
                            (ii) Federal agencies that have 
                        jurisdiction over labor and employment issues, 
                        including the Equal Employment Opportunity 
                        Commission, the National Science Foundation, 
                        and the National Labor Relations Board; and
                            (iii) any other Federal agencies with 
                        relevant expertise, including the United States 
                        Access Board and the Office of Science and 
                        Technology Policy.
            (2) Government accountability office; library of 
        congress.--The Comptroller General of the United States and the 
        Librarian of Congress shall prescribe any regulations described 
        in paragraph (1)(A) with respect to covered individuals of the 
        Government Accountability Office and the Library of Congress, 
        respectively, and other individuals affected by the Comptroller 
        General of the United States and the Librarian of Congress, 
        respectively.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--
            (1) Authority.--Not later than 45 days after the Secretary 
        prescribes any regulation under subsection (a)(1)(A), the Board 
        of Directors of the Office of Compliance shall prescribe (in 
        accordance with section 304 of the Congressional Accountability 
        Act of 1995 (2 U.S.C. 1384)) such regulations as may be 
        necessary to carry out this Act with respect to covered 
        individuals described in section 2(4)(A)(iii) and other 
        individuals affected by employers described in section 
        2(6)(A)(i)(III), including individuals who are covered 
        individuals described in section 2(4)(B) with respect to such 
        employers.
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary under subsection (a)(1)(A) except 
        insofar as the Board may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
            (1) Authority.--Not later than 45 days after the Secretary 
        prescribes any regulation under subsection (a)(1)(A), the 
        President (or the designee of the President) shall prescribe 
        such regulations as may be necessary to carry out this Act with 
        respect to covered individuals described in section 2(4)(A)(iv) 
        and other individuals affected by employers described in 
        section 2(6)(A)(i)(IV), including individuals who are covered 
        individuals described in section 2(4)(B) with respect to such 
        employers.
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary under subsection (a)(1)(A) except 
        insofar as the President (or designee) may determine, for good 
        cause shown and stated together with the regulations prescribed 
        under paragraph (1), that a modification of such regulations 
        would be more effective for the implementation of the rights 
        and protections involved under this section.
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--
            (1) Authority.--Not later than 45 days after the Secretary 
        prescribes any regulation under subsection (a)(1)(A), the 
        Director of the Office of Personnel Management shall prescribe 
        such regulations as may be necessary to carry out this Act with 
        respect to covered individuals described in section 2(4)(A)(v) 
        and other individuals affected by employers described in 
        section 2(6)(A)(i)(V), including individuals who are covered 
        individuals described in section 2(4)(B) with respect to such 
        employers.
            (2) Agency regulations.--The regulations prescribed under 
        paragraph (1) shall be the same as substantive regulations 
        promulgated by the Secretary under subsection (a)(1)(A) except 
        insofar as the Director may determine, for good cause shown and 
        stated together with the regulations prescribed under paragraph 
        (1), that a modification of such regulations would be more 
        effective for the implementation of the rights and protections 
        involved under this section.

SEC. 6. WHISTLEBLOWER PROTECTIONS.

    No employer shall discriminate or retaliate (including through 
intimidation, threats, coercion, or harassment) against any covered 
individual of the employer--
            (1) for exercising, or attempting to exercise, any right 
        provided under this Act; or
            (2) because the covered individual (or another individual 
        acting at the request of the covered individual) has--
                    (A) filed a written or oral complaint to the 
                employer or a Federal, State, or local government 
                entity of a violation of section 3;
                    (B) sought assistance or intervention with respect 
                to a worker privacy-related concern from the employer, 
                a Federal, State, or local government, or a worker 
                representative;
                    (C) instituted, caused to be instituted, or 
                otherwise participated in any inquiry or proceeding 
                under or related to this Act;
                    (D) given, or is about to give, any information in 
                connection with any inquiry or proceeding relating to 
                any right provided under this Act; or
                    (E) testified, or is about to testify, in any 
                inquiry or proceeding relating to any right provided 
                under this Act.

SEC. 7. ENFORCEMENT.

    (a) In General.--
            (1) Definition.--For purposes of this subsection:
                    (A) Covered individual.--The term ``covered 
                individual'' means a covered individual--
                            (i) described in section 2(4)(A) (other 
                        than covered individuals described in clauses 
                        (iii) through (v) of such section); or
                            (ii) described in section 2(4)(B) with 
                        respect to an employer.
                    (B) Employer.--The term ``employer'' means an 
                employer described in subclause (I) or (II) of section 
                2(6)(A)(i).
            (2) Enforcement by the technology and worker protection 
        division.--
                    (A) Investigation.--
                            (i) In general.--To ensure compliance with 
                        the provisions of this Act, or any regulation 
                        or order issued under this Act, the Secretary, 
                        acting through the Administrator--
                                    (I) may investigate and gather data 
                                regarding the wages, hours, and other 
                                conditions and practices of employment 
                                in any industry subject to this Act, 
                                and may enter and inspect any place or 
                                record (and make such transcriptions 
                                thereof), question any covered 
                                individual, and investigate any facts, 
                                conditions, practices, or matters as 
                                the Secretary may deem necessary or 
                                appropriate to determine whether an 
                                employer has violated any provision of 
                                this Act, or which may aid in the 
                                enforcement of the provisions of this 
                                Act; and
                                    (II) may require, by general or 
                                special orders, an employer, to file 
                                with the Secretary, in such form as the 
                                Secretary may prescribe, annual or 
                                special reports or answers in writing 
                                to specific questions, furnishing to 
                                the Secretary such information or 
                                records as the Secretary may require as 
                                to the organization, business, conduct, 
                                practices, management, and relation to 
                                other corporations, partnerships, and 
                                individuals, of the employer.
                            (ii) Reports and answers.--An employer 
                        shall file the reports and answers (including 
                        information and records) required under clause 
                        (i)(II) in such manner, including under oath or 
                        otherwise, and within such reasonable time 
                        period as the Secretary may require.
                            (iii) Joint investigations.--The Secretary, 
                        acting through the Administrator, may conduct 
                        investigations and make requests for 
                        information, as authorized under this Act, on a 
                        joint basis with another Federal agency, a 
                        State attorney general, or a State agency.
                            (iv) Obligation to keep, preserve, and make 
                        available records.--An employer shall make, 
                        keep, preserve, and make available to the 
                        Secretary records pertaining to compliance with 
                        this Act in accordance with section 11(c) of 
                        the Fair Labor Standards Act of 1938 (29 U.S.C. 
                        211(c)) and in accordance with any regulation 
                        or order issued by the Secretary.
                    (B) Enforcement.--With respect to employers and 
                covered individuals, the Secretary, acting through the 
                Administrator, shall receive, investigate, and attempt 
                to resolve complaints of violations of section 3 or 6 
                in the same manner that the Secretary receives, 
                investigates, and attempts to resolve complaints of 
                violations of sections 6 and 7 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 206 and 207).
                    (C) Referral for criminal proceedings.--If the 
                Secretary, in the course of the performance of any act 
                or duty under this Act, obtains evidence that any 
                employer has engaged in conduct that may constitute a 
                violation of Federal criminal law, the Secretary shall 
                refer the matter to the Attorney General for 
                prosecution under any applicable law. Nothing in this 
                paragraph shall affect any other authority of the 
                Secretary to disclose information.
                    (D) Litigation.--The Solicitor of Labor may appear 
                for and represent the Secretary on any litigation 
                brought under this subsection.
            (3) Private right of action.--
                    (A) In general.--
                            (i) Covered individual.--Notwithstanding 
                        any action by the Secretary under paragraph 
                        (2)(B), any covered individual adversely 
                        affected by an alleged violation of section 3 
                        or 6, may commence a civil action against any 
                        person that violates such section in any 
                        Federal court of competent jurisdiction.
                            (ii) Labor organization.--Notwithstanding 
                        any action by the Secretary under paragraph 
                        (2)(B), any labor organization adversely 
                        affected by an alleged violation of 3 or 6 may 
                        commence a civil action against any person that 
                        violates such section in any Federal court of 
                        competent jurisdiction.
                    (B) Relief.--
                            (i) In general.--In a civil action brought 
                        under subparagraph (A) in which the covered 
                        individual or labor organization prevails, the 
                        court may award the covered individual or labor 
                        organization--
                                    (I) damages of--
                                            (aa) an amount equal to the 
                                        sum of any actual damages 
                                        sustained by the covered 
                                        individual; or
                                            (bb) not more than treble 
                                        damages;
                                    (II) statutory damages described in 
                                clause (iv);
                                    (III) injunctive relief; and
                                    (IV) equitable relief.
                            (ii) Attorney's fees.--In a civil action 
                        brought under subparagraph (A) in which the 
                        covered individual or labor organization 
                        prevails, the court shall award the covered 
                        individual or labor organization reasonable 
                        attorney's fees and litigation costs.
                            (iii) Temporary relief for 
                        whistleblowers.--In a civil action brought 
                        under subparagraph (A) regarding a violation of 
                        section 6, the court may award the covered 
                        individual or labor organization temporary 
                        relief while the case is pending, including 
                        reinstatement.
                            (iv) Statutory damages.--The court may, in 
                        accordance with clause (v), award statutory 
                        damages under clause (i)(II) against a person 
                        in the following amounts:
                                    (I) Using an automated decision 
                                system for prohibited activities.--For 
                                each violation of section 3 by an 
                                employer with respect to a covered 
                                individual, the court may, subject to 
                                clause (vi), award--
                                            (aa) damages of an amount 
                                        not less than $5,000 and not 
                                        more than $20,000; or
                                            (bb) for any willful or 
                                        repeated violation by the 
                                        employer, damages of an amount 
                                        not less than $10,000 and not 
                                        more than $40,000.
                                    (II) Retaliation on 
                                whistleblowers.--For each violation of 
                                section 6, the court may, subject to 
                                clause (vi), award--
                                            (aa) damages of an amount 
                                        not less than $5,000 and not 
                                        more than $50,000; or
                                            (bb) for any willful or 
                                        repeated violation, damages of 
                                        an amount not less than $10,000 
                                        and not more than $100,000.
                            (v) Considerations for statutory damages.--
                        In determining the amount of statutory damages 
                        assessed under clause (iv), the court shall 
                        consider any relevant circumstances presented 
                        by the parties to the action, including--
                                    (I) the nature and seriousness of 
                                the violation;
                                    (II) the number of violations;
                                    (III) the persistence of the 
                                misconduct;
                                    (IV) the length of time over which 
                                the misconduct occurred;
                                    (V) the willfulness of the 
                                misconduct of the employer; and
                                    (VI) the assets, liabilities, and 
                                net worth of the employer.
                            (vi) Adjustment for inflation.--The dollar 
                        amounts referred to subclauses (I) and (II) of 
                        clause (iv) shall be increased annually, for 
                        fiscal year 2025 and every fiscal year 
                        thereafter, by the percent increase, if any, in 
                        the consumer price index for all urban 
                        consumers for the most recent 12-month period 
                        for which applicable data is available.
                    (C) Rights of the secretary and a state attorney 
                general.--Prior to an covered individual or labor 
                organization bringing a civil action under subparagraph 
                (A), such covered individual or labor organization 
                shall, in writing, notify the Secretary and any 
                relevant State attorney general of the intent to 
                commence such civil action. Upon receiving such notice, 
                the Secretary and State attorney general shall each, 
                not later than 60 days after receiving such notice--
                            (i) determine whether to intervene in such 
                        action and, upon intervening--
                                    (I) be heard on all matters arising 
                                in such action; and
                                    (II) file petitions for appeal of a 
                                decision in such action; and
                            (ii) notify such covered individual or 
                        labor organization.
                    (D) Remedies for state employees.--
                            (i) Waiver of sovereign immunity.--A 
                        State's receipt or use of Federal financial 
                        assistance for any program or activity of a 
                        State shall constitute a waiver of sovereign 
                        immunity, under the 11th Amendment to the 
                        Constitution of the United States or otherwise, 
                        to a suit brought by a covered individual of 
                        that program or activity, or a labor 
                        organization representing such a covered 
                        individual, under this paragraph for equitable, 
                        legal, or other relief authorized under this 
                        paragraph.
                            (ii) Official capacity.--An official of a 
                        State may be sued in the official capacity of 
                        the official by any covered individual or such 
                        a labor organization who has complied with the 
                        procedures under this paragraph, for injunctive 
                        relief that is authorized under this paragraph. 
                        In such a suit the court may award to the 
                        prevailing party those costs authorized by 
                        section 722 of the Revised Statutes (42 U.S.C. 
                        1988).
                            (iii) Applicability.--With respect to a 
                        particular program or activity, clause (i) 
                        applies to conduct that occurs--
                                    (I) after the date of enactment of 
                                this Act; and
                                    (II) on or after the day on which a 
                                State first receives or uses Federal 
                                financial assistance for that program 
                                or activity.
                            (iv) Definition of program or activity.--In 
                        this subparagraph, the term ``program or 
                        activity'' has the meaning given the term in 
                        section 606 of the Civil Rights Act of 1964 (42 
                        U.S.C. 2000d-4a).
                    (E) Remedies for tribal government employees.--
                            (i) Waiver of sovereign immunity.--A Tribal 
                        government's receipt or use of Federal 
                        financial assistance for any program or 
                        activity of the Tribal government shall 
                        constitute a waiver of sovereign immunity to a 
                        suit brought by a covered individual of that 
                        program or activity, or a labor organization 
                        representing such a covered individual, under 
                        this paragraph for equitable, legal, or other 
                        relief authorized under this paragraph.
                            (ii) Official capacity.--An official of a 
                        Tribal government may be sued in the official 
                        capacity of the official by any covered 
                        individual or such a labor organization who has 
                        complied with the procedures under this 
                        paragraph for injunctive relief that is 
                        authorized under this paragraph. In such a suit 
                        the court may award to the prevailing party 
                        those costs authorized by section 722 of the 
                        Revised Statutes (42 U.S.C. 1988).
                            (iii) Applicability.--With respect to a 
                        particular program or activity, clause (i) 
                        applies to conduct that occurs--
                                    (I) after the date of enactment of 
                                this Act; and
                                    (II) on or after the day on which a 
                                Tribal government first receives or 
                                uses Federal financial assistance for 
                                that program or activity.
                            (iv) Definition of program or activity.--In 
                        this subparagraph, the term ``program or 
                        activity'' has the meaning given the term in 
                        section 606 of the Civil Rights Act of 1964 (42 
                        U.S.C. 2000d-4a).
            (4) Enforcement by the government accountability office and 
        library of congress.--Notwithstanding any other provision of 
        this subsection, in the case of the Government Accountability 
        Office and the Library of Congress, the authority of the 
        Secretary under this subsection shall be exercised respectively 
        by the Comptroller General of the United States and the 
        Librarian of Congress, respectively.
    (b) Employees Covered by Congressional Accountability Act of 
1995.--The powers, remedies, and procedures provided in the 
Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 
1312(a)(1)) shall be the powers, remedies, and procedures this Act 
provides to that Board, or any person, with regard to an allegation of 
a violation of section 3 or 6 against a covered individual described in 
section 2(4)(A)(iii) or described in section 2(4)(B) with respect to an 
employer described in section 2(6)(A)(i)(III).
    (c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--The powers, remedies, and procedures provided in chapter 5 of 
title 3, United States Code, to the President, the Merit Systems 
Protection Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and procedures 
this Act provides to the President, that Board, or any person, 
respectively, with regard to an allegation of a violation of section 3 
or 6 against a covered individual described in section 2(4)(A)(iv) or 
described in section 2(4)(B) with respect to an employer described in 
section 2(6)(A)(i)(IV).
    (d) Employees Covered by Chapter 63 of Title 5, United States 
Code.--The powers, remedies, and procedures provided in title 5, United 
States Code, to an employing agency, provided in chapter 12 of that 
title to the Merit Systems Protection Board, or provided in that title 
to any person, alleging a violation of chapter 63 of that title, shall 
be the powers, remedies, and procedures this Act provides to that 
agency, that Board, or any person, respectively, with regard to an 
allegation of a violation of section 3 or 6 against a covered 
individual described in section 2(4)(A)(v) or described in section 
2(4)(B) with respect to an employer described in section 2(6)(A)(i)(V).
    (e) Enforcement by States.--
            (1) In general.--In any case in which a State attorney 
        general or a State privacy regulator has reason to believe that 
        an interest of the residents of a State has been or is 
        adversely affected by any person who violates any provision of 
        section 3 or 6, including a regulation or order prescribed 
        under this Act, the State attorney general or State privacy 
        regulator, as parens patriae, may bring a civil action on 
        behalf of the residents of the State in an appropriate State 
        court or an appropriate district court of the United States 
        to--
                    (A) enjoin further violation of such provision by 
                the person;
                    (B) compel compliance with such provision;
                    (C) obtain damages (including statutory damages 
                described in paragraph (4)), civil penalties, 
                restitution, or other compensation on behalf of the 
                residents of the State; or
                    (D) obtain reasonable attorney's fees and other 
                litigation costs reasonably incurred.
            (2) Rights of agency.--Before initiating a civil action 
        under paragraph (1), the State attorney general or State 
        privacy regulator, as the case may be, shall notify the 
        Secretary in writing of such civil action. Upon receiving such 
        notice, the Secretary may--
                    (A) intervene in such action; and
                    (B) upon intervening--
                            (i) be heard on all matters arising in such 
                        civil action; and
                            (ii) file petitions for appeal of a 
                        decision in such action.
            (3) Preemptive action by agency.--In any case in which a 
        civil action is instituted by or on behalf of the Secretary for 
        violation of this Act or a regulation promulgated under this 
        Act, a State attorney general or State privacy regulator may 
        not, during the pendency of such action, institute a civil 
        action against any defendant named in the complaint in the 
        action instituted by or on behalf of the Secretary for a 
        violation that is alleged in such complaint. In a case brought 
        by the Secretary that affects the interests of a State, the 
        State attorney general or State privacy regulator may intervene 
        as of right pursuant to the Federal Rules of Civil Procedure.
            (4) Statutory damages.--In a civil action instituted under 
        paragraph (1), a court may award statutory damages under 
        paragraph (1)(C) against a person for a violation of any 
        provision of section 3 or 6--
                    (A) in an amount not more than $50,000 for each 
                such violation; or
                    (B) in the case of such a violation that results in 
                the discharge of an employee or other serious economic 
                harm to an employee by such a person who has, within 
                the preceding 5 years, committed another such violation 
                resulting in such a discharge or other serious economic 
                harm, not more than $100,000 for each such violation.
            (5) Preservation of state powers.--Except as provided in 
        paragraph (3), no provision of this subsection shall be 
        construed as altering, limiting, or affecting the authority of 
        a State attorney general or State privacy regulator to--
                    (A) bring an action or other regulatory proceeding 
                arising solely under the laws in effect in that State; 
                or
                    (B) exercise the powers conferred on the State 
                attorney general or State privacy regulator by the laws 
                of the State, including the ability to conduct 
                investigations, administer oaths or affirmations, or 
                compel the attendance of witnesses or the production of 
                documentary or other evidence.
    (f) Arbitration and Class Action.--Notwithstanding any other 
provision of law, no predispute arbitration agreement or predispute 
joint-action waiver shall be valid or enforceable with respect to any 
alleged violation of section 3 or 6.

SEC. 8. COORDINATION.

    In carrying out this Act, the Secretary, acting through the 
Administrator, shall coordinate with any appropriate Federal agency or 
State regulator to promote consistent regulatory treatment of automated 
decision systems.

SEC. 9. RELATION TO OTHER LAWS.

    Except as explicitly provided otherwise in this Act, nothing in 
this Act shall be construed to preempt, modify, limit, or supersede--
            (1) any provision of Federal or State law; or
            (2) the authority of the Federal Trade Commission, Equal 
        Employment Opportunity Commission, National Labor Relations 
        Board, or any other Federal agency.

SEC. 10. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person or circumstance is held to be unconstitutional, the 
remainder of this Act and the application of the provisions of such to 
all other persons or circumstances shall not be affected thereby.
                                 <all>