[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4833 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4833
To prohibit certain uses of automated decision systems by employers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2026
Mr. Markey (for himself, Mr. Schatz, Mr. Sanders, Ms. Baldwin, Ms.
Warren, Mr. Blumenthal, and Mr. Fetterman) 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) Adverse work action.--The term ``adverse work action'',
with respect to a covered individual, means a change by the
employer of the covered individual in the compensation, terms,
conditions, or privileges of the job of the covered individual
that puts the covered individual in a materially adverse
position than prior to the change, including a termination,
reduction in benefits, disciplinary action, demotion, transfer,
imposition of a work schedule more burdensome to the covered
individual, reduction of scheduled hours, adjustment in the
ability for a promotion, or other modifications to the
compensation, terms, conditions, or privileges of the job of
the covered individual.
(2) Applicant.--The term ``applicant'', 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.
(3) Automated decision system.--
(A) In general.--The term ``automated decision
system'' means any system, software, or process
(including one derived from machine learning,
statistics, or other data processing or artificial
intelligence techniques and excluding passive computing
infrastructure) that uses computation to produce a
prediction, score, ranking, recommendation, decision,
evaluation, metric, conclusion, inference, or profile.
(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.
(4) Covered individual.--The term ``covered individual'',
with respect to an employer, means an individual--
(A) who is employed by, or otherwise performs 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 (9)(A);
(ii) any individual performing work for
remuneration for an entity described in clauses
(i)(II) and (ii) of paragraph (9)(A);
(iii) any individual performing work for
remuneration for an employing office described
in clauses (i)(III) and (ii) of paragraph
(9)(A);
(iv) any individual performing work for
remuneration for an employing office described
in clauses (i)(IV) and (ii) of paragraph
(9)(A); or
(v) any individual performing work for
remuneration for an employing agency described
in clauses (i)(V) and (ii) of paragraph (9)(A)
who is not covered under clause (iv); or
(B) who is an applicant with respect to the
employer.
(5) Developer.--
(A) In general.--Except as provided in subparagraph
(B), the term ``developer'', with respect to an
automated decision system that is intended or
reasonably likely to be used by an employer to make a
work-related decision, means any person that designs,
codes, customizes, produces, or substantially modifies
the automated decision system, including such a person
that is the employer.
(B) Assumption of responsibility by employer.--If
an employer assumes the responsibility of a person that
would otherwise be a developer of an automated decision
system as described in section 5(b)(2)(B), the person
shall not be considered a developer for purposes of the
use by the employer of the automated decision system
and the employer shall be considered a developer for
such purposes.
(C) Rule of construction.--Subparagraph (A) or (B)
shall not be interpreted to mean that an employer may
not also be a developer described in such subparagraph
or that such a developer may not also be an employer.
(6) Director.--The term ``Director'' means the Director of
the Fairness and Transparency Office established under section
6.
(7) Disparate impact.--
(A) In general.--The term ``disparate impact''
means an unjustified differential effect on an
individual or group of individuals on the basis of an
actual or perceived protected characteristic.
(B) Unjustified differential effect.--For purposes
of subparagraph (A), with respect to the action,
policy, or practice of an employer, a differential
effect is unjustified if--
(i) the developer or employer fails to
demonstrate that such action, policy, or
practice causing the differential effect is
necessary to achieve a substantial, legitimate,
and nondiscriminatory interest; or
(ii) in the event the employer demonstrates
such interest, an alternative action, policy,
or practice could serve such interest with less
differential effect.
(C) Application to automated decision system.--With
respect to demonstrating that an automated decision
system causes or contributes to a differential effect,
the automated decision system is presumed to be not
separable for analysis and may be analyzed holistically
as a single action, policy, or practice, unless the
developer or employer proves that the automated
decision system is separable by a preponderance of the
evidence.
(8) Egregious misconduct.--The term ``egregious
misconduct'', with respect to a covered individual, means
deliberate or grossly negligent conduct that endangers the
safety or well-being of the covered individual, co-workers of
the covered individual, customers, or other persons, including
discrimination against or harassment of co-workers, customers,
or other persons.
(9) 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 or worker advocacy organization
(other than when a labor organization or worker
advocacy organization is acting as an employer)
or anyone acting in the capacity of officer or
agent of such labor organization or worker
advocacy 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).
(10) 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.
(11) 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).
(12) 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.
(13) Personal data.--The term ``personal data''--
(A) means information that identifies or is linked
or reasonably linkable, alone or in combination with
other information, to an individual or an individual's
device; and
(B) includes derived data and unique persistent
identifiers.
(14) 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.
(15) 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.
(16) Protected characteristic.--The term ``protected
characteristic'' means any of the following actual or perceived
traits of an individual or group of individuals:
(A) Race.
(B) Color.
(C) Ethnicity.
(D) National origin, nationality, or immigration
status.
(E) Religion.
(F) Sex (including a sex stereotype, pregnancy,
childbirth, or a related medical condition, sexual
orientation or gender identity, and sex
characteristics, including intersex traits).
(G) Disability.
(H) Limited English proficiency.
(I) Biometric information.
(J) Familial or marital status.
(K) Source of income.
(L) Income level (not including the ability to pay
for a specific good or service being offered).
(M) Age.
(N) Veteran status.
(O) Genetic information or medical conditions.
(P) Any other classification protected by Federal
law.
(17) Secretary.--The term ``Secretary'' means the Secretary
of Labor.
(18) 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.
(19) 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.
(20) 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.
(21) Tribal government.--The term ``Tribal government''
means the recognized governing body of an Indian Tribe.
(22) Work-related decision.--The term ``work-related
decision'' includes a decision by an employer with regard to--
(A) hiring or engaging a covered individual
(including any decision with regard to recruiting,
screening, interviewing, reviewing, or selecting an
applicant);
(B) firing, retaining, taking a disciplinary action
against, demoting, deactivating, or reassigning duties
of a covered individual; or
(C) any other term, condition, or privilege of
employment or other work of the covered individual,
such as relating to wages, wage setting, work hours,
scheduling, attendance requirements, workload,
performance standards, assignment of work, access to
work and training opportunities, productivity
requirements, promotion, workplace health and safety,
health care or long-term care coverage, or other
benefits.
SEC. 3. USE OF AN AUTOMATED DECISION SYSTEM BY AN EMPLOYER.
(a) Work-Related Decisions.--
(1) In general.--An employer--
(A) may not rely predominantly on an automated
decision system in making a work-related decision with
respect to a covered individual; and
(B) may not use an automated decision system in a
manner that would--
(i) prevent compliance with, or result in a
violation of, any Federal, State, or local
labor, occupational safety and health,
employment, or civil rights law, including
regulation;
(ii) prevent compliance with any right of a
covered individual to reasonable accommodations
or nondiscrimination as required by Federal,
State, or local law; or
(iii) prevent or discourage a covered
individual from exercising any right under the
National Labor Relations Act (29 U.S.C. 151 et
seq.) or any similar rights under any other
Federal, State, or local law.
(2) Disclosures.--
(A) In general.--An employer that uses or intends
to use an automated decision system in making a work-
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 in making such
a work-related decision;
(ii) a description and explanation of the
automated decision system, 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;
(V) any performance standards or
metrics used as inputs or produced as
outputs of the automated decision
system; and
(VI) how the covered individual can
interpret the output of such automated
decision system in plain language;
(iii) the identity of the individual or
entity that operates the automated decision
system;
(iv) how the employer uses or intends to
use such an automated decision system in making
such a work-related decision;
(v) how the covered individual may dispute
or appeal a work-related decision made with
respect to the covered individual using an
automated decision system; and
(vi) the trade name of the automated
decision system.
(B) Timing of disclosures.--
(i) Disclosures with regard to hiring and
processing applications.--
(I) In general.--An employer shall
provide a disclosure required under
subparagraph (A) to the covered
individual--
(aa) in the case of a
covered individual for whom a
work-related decision with
regard to the hiring of the
covered individual--
(AA) was made on or
after the date that is
5 years prior to the
date of enactment of
this Act, but before
such date of enactment,
not later than 30 days
after such date of
enactment; or
(BB) except as
provided in item (bb),
is made on or after the
date of enactment of
this Act, prior to
making such work-
related decision; and
(bb) in the case of an
applicant who applies to the
employer on or after the date
of enactment of this Act, prior
to processing an application by
the applicant to be employed
by, or otherwise perform work
for remuneration for, the
employer.
(II) Employers needing information
for prior work-related decisions.--With
respect to a disclosure described in
subclause (I)(aa)(AA), in the case of
an employer that did not maintain,
prior to the date of enactment of this
Act, all of the information described
in subparagraph (A) required for such a
disclosure, the employer shall--
(aa) provide the disclosure
in accordance with this
paragraph with respect to as
much information described in
subparagraph (A) as the
employer did maintain; and
(bb) inform the covered
individual in accordance with
such subclause that the
employer did not maintain
records of the other
information required under such
subparagraph.
(ii) Other disclosures.--
(I) In general.--With respect to
any work-related decision not described
in clause (i) that is made on or after
the date of enactment of this Act, an
employer shall provide the disclosure
required under subparagraph (A) prior
to making such work-related decision.
(II) Adverse work actions.--
Notwithstanding subclause (I), in the
case the work-related decision
described in such subclause is for an
adverse work action against the covered
individual, the disclosure described in
such subclause shall be required at
least 7 days prior to taking the
adverse work action.
(iii) Updated disclosures.--With respect to
a covered individual for whom an employer
provided a disclosure under subparagraph (A),
the employer shall provide the covered
individual with an updated disclosure--
(I) not less than 7 days before
implementing changes to practices
disclosed under clause (ii) or (iv) of
subparagraph (A); or
(II) immediately upon significant
new information required to be provided
in such a disclosure becoming
available.
(C) Exceptions.--
(i) In general.--Notwithstanding any
provision in this paragraph, no disclosure is
required under this paragraph for any work-
related decision made prior to the date of
enactment of this Act, except for such a
decision with regard to the hiring of a covered
individual that is made not prior to the date
that is 5 years before the date of enactment of
this Act as described in subparagraph
(B)(i)(I)(aa)(AA).
(ii) Egregious misconduct.--Notwithstanding
any provision in this paragraph, in the case a
covered individual engages in egregious
misconduct, an employer may issue a disclosure
under this paragraph for a work-related
decision made by the employer with respect to
such egregious misconduct after the employer
makes such work-related decision.
(3) Training.--An employer that uses or intends to use an
automated decision system in making a work-related decision
with respect to a covered individual shall train any individual
or entity that operates the automated decision system on the
use of such system, including on--
(A) the input information used by such automated
decision system;
(B) the appeals process for the output of such an
automated decision system;
(C) potential biases in automated decision systems;
(D) any limitations of the automated decision
system, including intended use cases, known performance
issues outside of those use cases, and proper
interpretation of outputs;
(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, such as misinterpretation of outputs
or exclusive reliance on outputs to make a decision.
(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 instead
be managed through a human manager who is able to make work-related
decisions with respect to the covered individual.
(c) Applicant Opt Out.--An employer shall enable applicants to opt
out of having application materials screened, reviewed, or processed by
an automated decision system and instead be screened, reviewed, or
processed by a human, including in cases in which the employer engages
a third party to screen, review, or process application materials.
SEC. 4. PREDEPLOYMENT EVALUATIONS AND POST-DEPLOYMENT IMPACT
ASSESSMENTS.
(a) Predeployment Evaluations.--
(1) For developers.--Before a developer deploys, licenses,
or offers an automated decision system (including deploying a
material change to a previously deployed automated decision
system or a material change made prior to deployment) that is
intended or reasonably likely to be used to make a work-related
decision, the developer of the automated decision system shall
conduct a predeployment evaluation that--
(A) includes a detailed review of the automated
decision system; and
(B) results in a report, sufficient for an
individual having ordinary skill in the art to
understand the functioning, risks, uses, benefits,
limitations, and other pertinent attributes of the
automated decision system, that includes--
(i) a description of the automated decision
system's design and methodology, including the
inputs the automated decision system is
designed to use to produce an output and the
outputs the automated decision system is
designed to produce for purposes of specific
work-related decisions;
(ii) a description of how the automated
decision system was created and tested,
including--
(I) any metric used to test the
performance of the automated decision
system;
(II) defined benchmarks and goals
that correspond to such metrics,
including whether there was sufficient
representation of demographic groups
that are reasonably likely to use or be
affected by the automated decision
system in the data used to create or
train the automated decision system,
and whether there was reasonable
testing, if any, across such
demographic groups;
(III) the outputs the automated
decision system actually produces in
testing;
(IV) a description of any
consultation with relevant
stakeholders, including covered
individuals that will be impacted by
the automated decision system,
regarding the development of the
automated decision system or a
disclosure that no such consultation
occurred;
(V) any computational algorithm
incorporated into the development of
the automated decision system and a
description of the training process for
such algorithm including the training,
validation, and test data used to
confirm the intended outputs; and
(VI) a description of the data and
information used to develop, test,
maintain, or update the automated
decision system, including--
(aa) each type of personal
data used, each source from
which the personal data was
collected, and how each type of
personal data was inferred and
processed;
(bb) the legal
authorization for collecting
and processing the personal
data; and
(cc) an explanation of how
the data (including personal
data) used is representative,
proportional, and appropriate
to the development and intended
uses of the automated decision
system;
(iii) a description of--
(I) the potential for the automated
decision system to pose risks to
workers' rights, including with respect
to the privacy, physical and mental
health and safety, dignity, and
autonomy of workers or to result in the
chilling of legally protected activity
(including organizing and collective
bargaining); and
(II) any potential economic impact
of the automated decision system on
workers, such as with respect to wages,
hours, schedules, benefits, skills
training, work opportunities, and
advancement;
(iv) a description of the potential for the
automated decision system to discriminate,
including by having a disparate impact on the
equal enjoyment of goods, services, or other
activities or opportunities, and a description
of such discrimination; and
(v) a description of alternative practices
and recommendations to prevent or mitigate
risks to workers' rights and recommendations
for how the developer could monitor for risks
to workers' rights after offering, licensing,
or deploying the automated decision system.
(2) For employers.--Before an employer deploys an automated
decision system (including deploying a material change to a
previously deployed automated decision system or a material
change made prior to deployment) that is intended or reasonably
likely to be used to make a work-related decision, the employer
shall conduct a predeployment evaluation that--
(A) includes a detailed review of the automated
decision system; and
(B) results in a report, sufficient for an
individual having ordinary skill in the art to
understand the functioning, risks, uses, benefits,
limitations, and other pertinent attributes of the
automated decision system, that includes--
(i) a description of the manner in which
the automated decision system may be used to
make or contribute to a work-related decision
and the purpose for which the automated
decision system will be deployed;
(ii) a description of the necessity and
proportionality of the automated decision
system in relation to its planned use,
including the intended benefits and limitations
of the automated decision system and a
description of the baseline process being
enhanced or replaced by the automated decision
system, if applicable;
(iii) a description of the inputs to the
automated decision system that the employer
plans to use to produce an output, including--
(I) the type of personal data and
information used and how the personal
data and information will be collected,
inferred, and processed;
(II) the legal authorization for
collecting and processing the personal
data; and
(III) an explanation of how the
data used is representative,
proportional, and appropriate to the
deployment of the automated decision
system;
(iv) a description of the outputs the
automated decision system is expected to
produce and the outputs the automated decision
system actually produces in testing;
(v) a description of any additional testing
or training completed by the employer for the
context in which the automated decision system
will be deployed;
(vi) a description of any consultation with
relevant stakeholders, including covered
individuals that will be impacted by the
automated decision system, regarding the
deployment of the automated decision system;
(vii) a description of--
(I) the potential for the automated
decision system to pose risks to
workers' rights, including with respect
to the privacy, physical and mental
health and safety, dignity, and
autonomy of workers or to result in the
chilling of legally protected activity
(including organizing and collective
bargaining); and
(II) any potential economic impact
of the automated decision system on
workers, such as with respect to wages,
hours, schedules, benefits, skills
training, work opportunities, and
advancement;
(viii) a description of the potential for
the automated decision system to discriminate,
including by having a disparate impact on the
equal enjoyment of goods, services, or other
activities or opportunities, and a description
of such discrimination; and
(ix) a description of alternative practices
and recommendations to prevent or mitigate
risks to workers' rights and recommendations
for how the employer could monitor for risks to
workers' rights after offering, licensing, or
deploying the automated decision system.
(3) Effective date.--The requirements for predeployment
evaluations under paragraphs (1) and (2) shall only apply with
respect to the deployment, licensing, or offering of any
automated decision system that occurs on or after the date of
enactment of this Act.
(b) Employer Annual Impact Assessment.--An employer that deploys an
automated decision system used to make a work-related decision in any
year shall conduct an impact assessment of the automated decision
system with respect to the use of such system in such year in
accordance with the following:
(1) Impact assessment.--The employer shall--
(A) conduct a full impact assessment on the
automated decision system with respect to the year,
including the information described in paragraph (2) as
relevant; and
(B) prepare a report on such assessment,
including--
(i) a description of the extent to which
the automated system during the year infringed
on the rights of any worker, including with
respect to the privacy, physical and mental
health and safety, dignity, and autonomy of
workers or to result in the chilling of legally
protected activity (including organizing and
collective bargaining), or had an economic
impact on any worker, such as with respect to
wages, hours, schedules, benefits, skills
training, work opportunities, and advancement;
(ii) a description of the extent to which
the automated decision system produced a
disparate impact in the equal enjoyment of
goods, services, or other activities or
opportunities, including the methodology for
such evaluation, of how the automated decision
system produced or likely produced such
disparity;
(iii) a description of the types of data
input into the automated decision system during
the reporting period to produce an output,
including--
(I) documentation of how data input
into the automated decision system to
produce an output is represented and
complete descriptions of each field of
data; and
(II) whether and to what extent the
data input into the automated decision
system to produce an output was used to
modify the automated decision system;
(iv) whether and to what extent the
automated decision system produced the outputs
it was expected to produce; and
(v) a detailed description of how the
automated decision system was used to make a
work-related decision.
(2) Employers with a deployed automated decision system.--
An employer that deployed an automated decision system used to
make a work-related decision before the date of enactment of
this Act and has not otherwise conducted a predeployment
evaluation under subsection (a) or a review under this
paragraph with respect to the automated decision system shall--
(A) conduct a detailed review of the automated
decision system; and
(B) include in the first impact assessment of such
automated decision system under paragraph (1) a report,
sufficient for an individual having ordinary skill in
the art to understand the functioning, risks, uses,
benefits, limitations, and other pertinent attributes
of the automated decision system, that includes--
(i) a description of the manner in which
the automated decision system may be used to
make or contribute to a work-related decision
and the purpose for which the automated
decision system will be deployed;
(ii) a description of the necessity and
proportionality of the automated decision
system in relation to its planned use,
including the intended benefits and limitations
of the automated decision system and a
description of the baseline process being
enhanced or replaced by the automated decision
system, if applicable; and
(iii) a description of the inputs to the
automated decision system that the employer
plans to use to produce an output, including--
(I) the type of personal data and
information used and how the personal
data and information will be collected,
inferred, and processed;
(II) the legal authorization for
collecting and processing the personal
data; and
(III) an explanation of how the
data used is representative,
proportional, and appropriate to the
deployment of the automated decision
system.
(3) Report.--Not later than 30 days after the completion of
a report on an impact assessment under paragraph (1)(B), an
employer shall submit to the developer of the automated
decision system a summary of such report.
(c) Developer Annual Review of Assessments.--A developer of an
automated decision system used by an employer in any year to make a
work-related decision shall review each impact assessment summary
submitted by an employer under subsection (b)(3) with respect to such
system in such year for the following:
(1) To assess how the employer is using the automated
decision system, including the methodology for assessing such
use.
(2) To assess the type of data the employer is inputting
into the automated decision system to produce an output and the
types of outputs the automated decision system is producing.
(3) To assess whether the employer is complying with any
relevant contractual agreement with the developer and whether
any remedial action is necessary.
(4) To compare the automated decision system's performance
in real-world conditions versus any predeployment testing
available, including the methodology used to evaluate such
performance.
(5) To assess whether the automated decision system
infringed on workers' rights or is reasonably likely to be
infringing on workers' rights.
(6) To assess whether and, if so, how the automated
decision system is causing, or is reasonably likely to be
causing, a disparate impact in the equal enjoyment of goods,
services, or other activities or opportunities.
(7) To determine whether the automated decision system
needs modification.
(8) To determine whether any other action is appropriate to
ensure that the automated decision system remains safe and
effective.
(d) Joint Developer and Employer Obligations.--If a person is both
the developer of an automated decision system and an employer deploying
an automated decision system, the person may conduct combined
predeployment evaluations and annual assessments, provided that each
combined evaluation or assessment satisfies all requirements for both
developers and employers.
(e) Relationships Between Developers and Employer.--The developer
of an automated decision system shall, upon the reasonable request of
an employer using the automated decision system, make available to the
employer information necessary for the employer to demonstrate
compliance with the requirements of this Act, including--
(1) making available to the employer a report on the
predeployment evaluation required under subsection (a) or the
annual review of assessments conducted by the developer under
subsection (c); and
(2) providing information necessary to enable the employer
to conduct and document a predeployment evaluation under
subsection (a) or an impact assessment under subsection (b).
(f) Reporting and Retention Requirements.--
(1) Reporting.--A developer or employer that conducts a
predeployment evaluation, impact assessment, or developer
annual review of assessments under this section shall--
(A) not later than 30 days after completion of such
evaluation, assessment, or review, submit the
evaluation, assessment, or review to the Fairness and
Transparency Office of the Department of Labor;
(B) upon request, make the completed evaluation,
assessment, or review available to Congress; and
(C) not later than 30 days after such completion--
(i) publish a summary of the evaluation,
assessment, or review on the website of the
developer or employer in a manner that is
easily accessible to individuals; and
(ii) submit such summary to the Fairness
and Transparency Office of the Department of
Labor.
(2) Retention.--A developer or employer shall retain all
evaluations, assessments, and reviews conducted under this
section for a period of not fewer than 10 years after the
completion of the evaluation, assessment, or review.
(3) Trade secrets and privacy.--A developer or employer--
(A) may redact and segregate any trade secret (as
defined in section 1839 of title 18, United States
Code) from public disclosure in the summary published
and submitted under paragraph (1)(C); and
(B) shall redact and segregate personal data from
public disclosure in such summary.
(g) Rulemaking.--
(1) Authority.--The Director of the Fairness and
Transparency Office of the Department of Labor may, in
accordance with section 553 of title 5, United States Code,
promulgate such rules as may be necessary to carry out this
section.
(2) Additional regulations.--Not later than 2 years after
the date of enactment of this Act, the Director of the Fairness
and Transparency Office shall--
(A) promulgate rules, pursuant to section 553 of
title 5, United States Code, specifying--
(i) what information and factors a
developer or employer shall consider in making
the predeployment evaluation required under
subsection (a);
(ii) what information a developer or
employer shall include in a summary of an
evaluation, assessment, or review described in
subsection (f)(1)(C); and
(iii) the extent to and process by which a
developer may request additional information
from a employer for purposes of the review
under subsection (c), including the purposes
for which a developer is permitted to use such
additional information; and
(B) in promulgating such rules, consider the need
to protect the privacy of personal data, as well as the
need for information sharing by developers and
employers to comply with this section and inform the
public.
SEC. 5. AUTOMATED DECISION SYSTEM STANDARDS.
(a) Automated Decision System Use.--A developer of an automated
decision system that is intended or reasonably likely to be used to
make a work-related decision and each employer using such automated
decision system shall--
(1) take reasonable measures to prevent and mitigate any
risks to workers' rights from the automated decision system
that are identified by a predeployment evaluation under section
4(a) or an impact assessment under section 4(b);
(2) consult stakeholders, including stakeholders
representing any community that will be impacted by the
automated decision system, regarding the development or
deployment of the automated decision system; and
(3) certify to the Director before deploying, licensing, or
offering the automated decision system that, based on the
results of the predeployment evaluation under section 4(a) or
an impact assessment under section 4(b), use of the automated
decision system is not likely to result in--
(A) risk to workers' rights, including with respect
to the privacy, physical and mental health and safety,
dignity, and autonomy of workers; or
(B) the chilling of legally protected activity
(including with respect to organizing and collective
bargaining).
(b) Off-Label Use.--
(1) Developers.--A developer of an automated decision
system may not knowingly offer or license the automated
decision system for use in producing outputs for purposes of
any work-related decision other than those described in the
predeployment evaluation under section 4(a).
(2) Employers.--
(A) In general.--Except as provided in subparagraph
(B), an employer may not knowingly use an automated
decision system to produce outputs for purposes of a
work-related decision other than for purposes of a
work-related decision that is described in the
predeployment evaluation under such section by the
developer of the automated decision system.
(B) Assumption of responsibility.--An employer that
intends to use an automated decision system to produce
an output for purposes of a work-related decision that
is not described in the predeployment evaluation under
such section by the developer of the automated decision
system shall assume the responsibilities of the
developer required by this Act (other than with respect
to conducting a review of assessments under section
4(c)) with respect to the use by the employer of the
automated decision system.
SEC. 6. ESTABLISHMENT OF FAIRNESS AND TRANSPARENCY OFFICE.
(a) In General.--There is established in the Wage and Hour Division
of the Department of Labor the Fairness and Transparency Office.
(b) Director.--The President shall appoint a Director of the
Fairness and Transparency Office to head the Fairness and Transparency
Office.
(c) Employees and Advisory Boards of the Office.--
(1) In general.--The Director--
(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 Director 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 Director shall establish
advisory boards to advise and consult with in the
exercise of the functions of the Director under this
Act and to provide information on emerging practices
relating to the treatment of data by employers that are
the following:
(i) The User Advisory Board, which shall be
comprised of experts in consumer protection,
privacy, civil rights, disability rights, labor
organizations and worker advocacy
organizations, and ethics.
(ii) The Research Advisory Board, which
shall be comprised of--
(I) individuals with academic and
research expertise in privacy,
cybersecurity, computer science,
innovation, design, ethics, economics,
civil rights law, disability law, labor
organizations and worker advocacy
organizations, and public policy; and
(II) representatives of labor
organizations and worker advocacy
organizations.
(iii) The Product Advisory Board, which
shall be comprised of technologists, computer
scientists, designers, product managers,
attorneys, representatives of labor
organizations and worker advocacy
organizations, workplace technology experts,
accessibility experts, and other
representatives of employers and workers.
(iv) The Labor Advisory Board, which shall
be comprised of--
(I) representatives of labor
organizations and worker advocacy
organizations; and
(II) representatives of workers.
(B) Appointments.--The Director 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 Director; 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 Director 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 Director 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 Director in any litigation.
(d) Offices.--
(1) In general.--The principal office of the Fairness and
Transparency Office shall be in the District of Columbia.
(2) Regional, local, and other offices.--The Director 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. 7. REGULATIONS.
(a) In General.--
(1) Authority.--
(A) In general.--Except as provided in paragraph
(2), the Secretary, acting through the Director, 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(9)(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 Director, 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) Individuals 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(9)(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) Individuals 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(9)(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) Individuals 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(9)(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. 8. WHISTLEBLOWER PROTECTIONS.
An employer may not 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) made 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;
(E) testified, or is about to testify, in any
inquiry or proceeding relating to any right provided
under this Act; or
(F) refused to follow the output of an automated
decision system when exercising professional judgement.
SEC. 9. ENFORCEMENT.
(a) In General.--
(1) Definition.--Notwithstanding section 2, 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(9)(A)(i).
(2) Enforcement by the fairness and transparency office.--
(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 Director--
(I) may investigate and gather data
regarding the wages, hours, and other
conditions and practices of employment
(and other work) 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 Director, 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
Director, shall receive, investigate, and attempt to
resolve complaints of violations of section 3, 4, 5, or
8 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 individuals.--Notwithstanding
any action by the Secretary under paragraph
(2)(B), any covered individual adversely
affected by an alleged violation of section 3,
4, 5, or 8, may commence a civil action against
any person that violates such section in any
Federal court of competent jurisdiction.
(ii) Labor organizations and worker
advocacy organizations.--Notwithstanding any
action by the Secretary under paragraph (2)(B),
any labor organization or worker advocacy
organization may, on behalf of a covered
individual adversely affected by an alleged
violation of section 3, 4, 5, or 8, 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, labor organization, or worker
advocacy organization prevails, the court may
award the covered individual, labor
organization, or worker advocacy organization--
(I) damages of an amount equal to
the sum of any actual damages sustained
by the covered individual; or
(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, labor organization, or
worker advocacy organization prevails, the
court shall award the covered individual, labor
organization, or worker advocacy 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 8, the court may award the covered
individual, labor organization, or worker
advocacy 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 8, 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 2027 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) Remedies for state workers.--
(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 or worker advocacy organization on
behalf of 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 or worker advocacy
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).
(D) Remedies for tribal government workers.--
(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 or
worker advocacy organization on behalf of 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 or
worker advocacy 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) Individuals 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, 4, 5, or 8 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(9)(A)(i)(III).
(c) Individuals 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,
4, 5, or 8 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(9)(A)(i)(IV).
(d) Individuals 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, 4, 5, or 8 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(9)(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, 4, 5, or 8, 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
a violation of this Act, including 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, 4, 5, or 8--
(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 a covered individual or other serious
economic harm to a covered individual 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.--
(1) In general.--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, 4, 5, or 8.
(2) Arbitration pursuant to a collective bargaining
agreement.--Nothing in this subsection shall limit the
enforceability of any arbitration provision in a collective
bargaining agreement between an employer and a labor
organization or worker advocacy organization.
SEC. 10. COORDINATION.
In carrying out this Act, the Secretary, acting through the
Director, shall coordinate with any appropriate Federal agency or State
regulator to promote consistent regulatory treatment of automated
decision systems.
SEC. 11. RELATION TO OTHER LAWS.
Except as explicitly provided otherwise in this Act, nothing in
this Act, including any regulations promulgated under 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. 12. RELATION TO COLLECTIVE BARGAINING AGREEMENTS.
(a) Rule of Construction.--Nothing in this Act, including any
regulations promulgated under this Act, shall be construed to supersede
or preempt employment or other work terms or conditions agreed upon in
collective bargaining agreements that are more protective of or more
beneficial to a covered individual than otherwise required pursuant to
this Act, including any regulation promulgated under this Act.
(b) Requirement for Notice and Bargaining.--An employer shall
provide advance notice to the relevant collective bargaining units or
the representative of any covered individuals of the employer for
purposes of collective bargaining and bargain in good faith with such
units or representative over the decision to implement and effects of
implementing any policy, practice, or automated decision system covered
by this Act.
SEC. 13. 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 Act
to all other persons or circumstances shall not be affected thereby.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this Act $100,000,000 for each of fiscal years 2027 through 2036.
<all>