To require the Secretary of Labor to enter into adverse interest agreements if the Secretary shares information with an individual that is related to a potential civil action, and for other purposes.

To require the Secretary of Labor to enter into adverse interest agreements if the Secretary shares information with an individual that is related to a potential civil action, 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.

SEC. 2. Adverse interest agreement requirements.

(a) In general.—In the event that the Secretary of Labor provides adverse assistance to an individual, prior to providing the adverse assistance, the Secretary shall—

(1) enter into a written agreement with the individual that details the nature and scope of such assistance; and

(2) provide a copy of such agreement to any employer or contractor that may be directly and adversely impacted by such assistance.

(b) Report.—

(1) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, and by December 31 of each year that begins after such date, the Secretary shall submit to Congress a report containing information on all agreements to provide adverse assistance in effect for the preceding fiscal year, including, in relation to each such agreement—

(A) a copy of the agreement, with any information described in subparagraph (2)(B) redacted;

(B) the date the agreement was entered into; and

(C) a detailed description of the nature and scope of the assistance provided during the fiscal year, including—

(i) the information shared, including the source, type, and amount of the information, and the date on which such information was shared;

(ii) a log of verbal communications, including—

(I) the date of each communication;

(II) the parties engaged in such communication;

(III) the mode of communication; and

(IV) the nature of any information shared; and

(iii) a log of meetings, including—

(I) the date of each meeting;

(II) the parties present at the meeting;

(III) mode of the meeting; and

(IV) the purpose of such meeting and the nature of any information shared.

(2) IDENTIFYING INFORMATION.—The report described under paragraph (2)—

(A) shall identify the parties to each agreement; and

(B) may not include any information that may be used to identify any other person (including an employer, contractor, or any other potential defendant).

(c) Existing arrangements.—For the purposes of subsection (a), if, not later than 60 days after the date of enactment of this Act, the Secretary of Labor takes the actions required in paragraphs (1) and (2) of such subsection in relation to an existing arrangement to provide adverse assistance, the Secretary shall be deemed to have taken such actions prior to providing such adverse assistance.

(d) Definitions.—In this section:

(1) ADVERSE ASSISTANCE.—The term “adverse assistance” means assistance or advice, including the disclosure of information, that is directed specifically toward an attorney for potential use in a civil action under any covered law.

(2) COVERED LAW.—The term “covered law” means any provision of law that is enforced by the Wage and Hour Division of the Department of Labor as of the date of enactment of this Act.

(3) EMPLOYER.—The term “employer” has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).