I 

118TH CONGRESS 

2D SESSION H. R. 7690 

To prohibit, or require disclosure of, the surveillance, monitoring, and 

collection of certain worker data by employers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2024 

Mr. DELUZIO (for himself and Ms. BONAMICI) introduced the following bill; 

which was referred to the Committee on Education and the Workforce, 

and in addition to the Committees on Oversight and Accountability, and 

House Administration, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To prohibit, or require disclosure of, the surveillance, monitoring, and collection of certain worker data by employers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Spying Bosses 

5 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 For purposes of this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Privacy and 

3 Technology Division established under section 5. 

4 (2) AGGREGATED DATA.—The term ‘‘aggre5 gated data’’ means data with respect to covered indi6 viduals of an employer that the employer has com7 bined or collected together in a summary or other 

8 form that prevents the identification of any specific 

9 individual. 

10 (3) APPLICANT.—The term ‘‘applicant’’, with 

11 respect to an employer, means an individual who ap12 plies, or applied, to be employed by, or otherwise 

13 perform work for remuneration for, the employer. 

14 (4) AUTOMATED DECISION SYSTEM.— 

15 (A) IN GENERAL.—The term ‘‘automated 

16 decision system’’ means a system, software, or 

17 process that— 

18 (i) uses computation, in whole or in 

19 part, to determine outcomes, make or aid 

20 decisions (including through evaluations, 

21 metrics, or scoring), inform policy imple22 mentation, collect data or observations, or 

23 otherwise interact with individuals or com24 munities, including such a system, soft25 ware, or process derived from machine 


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1 learning, statistics, or other data proc2 essing or artificial intelligence techniques; 

3 and 

4 (ii) is not passive computing infra5 structure. 

6 (B) PASSIVE COMPUTING INFRASTRUC7 TURE.—For purposes of this paragraph, the 

8 term ‘‘passive computing infrastructure’’ means 

9 any intermediary technology that does not influ10 ence or determine the outcome of a decision, 

11 make or aid in a decision (including through 

12 evaluations, metrics, or scoring), inform policy 

13 implementation, or collect data or observations, 

14 including web hosting, domain registration, net15 working, caching, data storage, or cybersecu16 rity. 

17 (5) AUTOMATED DECISION SYSTEM OUTPUT.— 

18 The term ‘‘automated decision system output’’ 

19 means any information, assumptions, predictions, 

20 scoring, recommendations, decisions, evaluations, 

21 metrics, or conclusions generated by an automated 

22 decision system. 

23 (6) BIOMETRIC INFORMATION.— 

24 (A) IN GENERAL.—The term ‘‘biometric 

25 information’’ means any information generated 


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1 from the technological processing of an individ2 ual’s unique biological, physical, or physiological 

3 characteristics that is linked or reasonably 

4 linkable to an individual, including— 

5 (i) fingerprints; 

6 (ii) voice prints; 

7 (iii) iris or retina scans; 

8 (iv) facial or hand mapping, geometry, 

9 or templates; or 

10 (v) gait or personally identifying phys11 ical movements. 

12 (B) EXCLUSION.—The term ‘‘biometric in13 formation’’ does not include— 

14 (i) a digital or physical photograph; 

15 (ii) an audio or video recording; or 

16 (iii) information generated from a dig17 ital or physical photograph, or an audio or 

18 video recording, that cannot be used to 

19 identify an individual. 

20 (7) COVERED INDIVIDUAL.—The term ‘‘covered 

21 individual’’, with respect to an employer, means an 

22 individual— 

23 (A) who is employed by, or otherwise per24 forming work for remuneration for, the em25 ployer, including such an individual who is— 


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1 (i) any individual performing work for 

2 remuneration for an employer described in 

3 clauses (i)(I) and (ii) of paragraph 

4 (10)(A); 

5 (ii) any individual performing work 

6 for remuneration for an entity described in 

7 paragraph (10)(A)(i)(II); 

8 (iii) any individual performing work 

9 for remuneration for an employing office 

10 described in paragraph (10)(A)(i)(III); 

11 (iv) any individual performing work 

12 for remuneration for an employing office 

13 described in paragraph (10)(A)(i)(IV); or 

14 (v) any individual performing work for 

15 remuneration for an employing agency de16 scribed in paragraph (10)(A)(i)(V); or 

17 (B) who is an applicant to the employer. 

18 (8) DATA.—The term ‘‘data’’, with respect to a 

19 covered individual, means any information that iden20 tifies, relates to, describes, is reasonably capable of 

21 being associated with, or could reasonably be linked, 

22 directly or indirectly, with the covered individual, re23 gardless of how the information is collected, in24 ferred, or obtained, including— 


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1 (A) personally identifiable information with 

2 respect to the covered individual, including any 

3 name, contact information, government-issued 

4 identification number, financial information, 

5 criminal background, location information, pho6 tographs, biometric information, or employment 

7 history associated with the covered individual; 

8 (B) any information related to the work9 place activities with respect to the covered indi10 vidual, including— 

11 (i) human resources information, in12 cluding the contents of a personnel file or 

13 performance evaluation; 

14 (ii) work process information, such as 

15 productivity and efficiency information and 

16 information on breaks; 

17 (iii) information that captures work18 place communications and interactions, in19 cluding emails, texts, internal message 

20 boards, and customer interaction and rat21 ings; 

22 (iv) device usage and information, in23 cluding calls placed or precise geolocation 

24 information; 


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1 (v) audio-video information and other 

2 information collected from sensors, includ3 ing movement tracking, images, videos, 

4 and thermal-sensor information; 

5 (vi) biometric information; 

6 (vii) information from a personality 

7 test taken by a covered individual, includ8 ing such a test given electronically at the 

9 beginning of or during a work shift; 

10 (viii) inputs for an automated decision 

11 system or any automated decision system 

12 output; and 

13 (ix) information that is collected or 

14 generated to mitigate the spread of infec15 tious diseases, including COVID–19, or to 

16 comply with any public health measure; 

17 and 

18 (C) online information with respect to the 

19 covered individual that is collected while the 

20 covered individual is on- or off-duty, including 

21 any internet protocol address associated with 

22 the covered individual, the social media activity 

23 of the covered individual, any advertisement-re24 lated tracking identifier associated with the cov25 ered individual, the internet browsing history of 


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1 the covered individual, or other digital sources 

2 or unique identifiers associated with the covered 

3 individual. 

4 (9) EMPLOY.—The term ‘‘employ’’ has the 

5 meaning given such term in section 3 of the Fair 

6 Labor Standards Act of 1938 (29 U.S.C. 203). 

7 (10) EMPLOYER.— 

8 (A) IN GENERAL.—The term ‘‘employer’’ 

9 means any person who is— 

10 (i)(I) a covered employer who is not 

11 described in any other subclause of this 

12 clause; 

13 (II) an entity employing a State em14 ployee described in section 304(a) of the 

15 Government Employee Rights Act of 1991 

16 (42 U.S.C. 2000e–16c(a)); 

17 (III) an employing office, as defined 

18 in section 101 of the Congressional Ac19 countability Act of 1995 (2 U.S.C. 1301); 

20 (IV) an employing office, as defined in 

21 section 411(c) of title 3, United States 

22 Code; or 

23 (V) an employing agency covered 

24 under subchapter V of chapter 63 of title 

25 5, United States Code; and 


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1 (ii) engaged in commerce (including 

2 government), or an industry or activity af3 fecting commerce (including government). 

4 (B) COVERED EMPLOYER.—In subpara5 graph (A), the term ‘‘covered employer’’— 

6 (i) means any person engaged in com7 merce or in any industry or activity affect8 ing commerce who employs, or otherwise 

9 engages for the performance of work for 

10 remuneration, 11 or more covered individ11 uals; 

12 (ii) includes— 

13 (I) any person who acts, directly 

14 or indirectly, in the interest of a cov15 ered employer in relation to any indi16 vidual performing work for remunera17 tion for such covered employer; 

18 (II) any successor in interest of a 

19 covered employer; 

20 (III) any public agency; and 

21 (IV) the Government Account22 ability Office and the Library of Con23 gress; and 

24 (iii) does not include any labor organi25 zation (other than when acting as an emVerDate Sep 11 2014 04:44 Mar 28, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H7690.IH H7690

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1 ployer) or anyone acting in the capacity of 

2 officer or agent of such labor organization. 

3 (C) PUBLIC AGENCY.—For purposes of 

4 this paragraph, a public agency shall be consid5 ered to be a person engaged in commerce or in 

6 an industry or activity affecting commerce. 

7 (D) DEFINITIONS.—For purposes of this 

8 paragraph, the terms ‘‘commerce’’, ‘‘person’’, 

9 and ‘‘public agency’’ have the meanings given 

10 the terms in section 3 of the Fair Labor Stand11 ards Act of 1938 (29 U.S.C. 203). 

12 (11) EMPLOYMENT-RELATED DECISION.—The 

13 term ‘‘employment-related decision’’ includes a deci14 sion by an employer with regard to— 

15 (A) hiring a covered individual (including 

16 any decision with regard to interviewing or re17 viewing an applicant); 

18 (B) firing, taking a disciplinary action 

19 against, demoting, or reassigning duties of a 

20 covered individual; or 

21 (C) any other term, condition, or privilege 

22 of employment or work of the covered indi23 vidual, such as relating to pay, scheduling, or 

24 hours worked or promoting a covered indi25 vidual. 


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1 (12) GOVERNMENT ENTITY.—The term ‘‘gov2 ernment entity’’ means— 

3 (A) a Federal agency (as such term is de4 fined in section 3371 of title 5, United States 

5 Code); 

6 (B) a State or political subdivision thereof; 

7 (C) any agency, authority, or instrumen8 tality of a State or political subdivision thereof; 

9 or 

10 (D) a Tribal government or political sub11 division thereof. 

12 (13) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

13 means any Indian or Alaska Native tribe, band, na14 tion, pueblo, village, community, component band, or 

15 component reservation individually identified (includ16 ing parenthetically) in the list published most re17 cently as of the date of enactment of this Act pursu18 ant to section 104 of the Federally Recognized In19 dian Tribe List Act of 1994 (25 U.S.C. 5131). 

20 (14) LABOR ORGANIZATION.—The term ‘‘labor 

21 organization’’ has the meaning given the term in 

22 section 2(5) of the National Labor Relations Act (29 

23 U.S.C. 152(5)), except that such term shall also in24 clude— 


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1 (A) any organization composed of labor or2 ganizations, such as a labor union federation or 

3 a State or municipal labor body; and 

4 (B) any organization which would be in5 cluded in the definition for such term under 

6 such section 2(5) but for the fact that the orga7 nization represents— 

8 (i) individuals employed by the United 

9 States, any wholly owned Government cor10 poration, any Federal Reserve Bank, or 

11 any State or political subdivision thereof; 

12 (ii) individuals employed by persons 

13 subject to the Railway Labor Act (45 

14 U.S.C. 151 et seq.); or 

15 (iii) individuals employed as agricul16 tural laborers. 

17 (15) PRECISE GEOLOCATION INFORMATION.— 

18 (A) IN GENERAL.—The term ‘‘precise 

19 geolocation information’’ means information 

20 that is derived from a device or technology that 

21 reveals the past or present physical location of 

22 an individual or a device that identifies or is 

23 linked or reasonably linkable to 1 or more indi24 viduals, with sufficient precision to identify 

25 street level location information of the indiVerDate Sep 11 2014 04:44 Mar 28, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H7690.IH H7690

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1 vidual or device or the location of the individual 

2 or device within a range of 1,850 feet or less. 

3 (B) EXCLUSION.—The term ‘‘precise 

4 geolocation information’’ does not include infor5 mation described in subparagraph (A) identifi6 able or derived solely from the visual content of 

7 a legally obtained image, including the location 

8 of the device that captured such image. 

9 (16) PREDISPUTE ARBITRATION AGREEMENT.— 

10 The term ‘‘predispute arbitration agreement’’ means 

11 any agreement to arbitrate a dispute that has not 

12 yet arisen at the time of the making of the agree13 ment. 

14 (17) PREDISPUTE JOINT-ACTION WAIVER.—The 

15 term ‘‘predispute joint-action waiver’’ means an 

16 agreement, whether or not part of a predispute arbi17 tration agreement, that would prohibit, or waive the 

18 right of, one of the parties to the agreement to par19 ticipate in a joint, class, or collective action in a ju20 dicial, arbitral, administrative, or other forum, con21 cerning a dispute that has not yet arisen at the time 

22 of the making of the agreement. 

23 (18) SECRETARY.—The term ‘‘Secretary’’ 

24 means the Secretary of Labor. 


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1 (19) SELL.—The term ‘‘sell’’, with respect to 

2 data, means the transfer of such data for monetary 

3 consideration or for a thing of value by an employer 

4 to a third party for the purpose of processing, main5 taining, or further transferring such data. 

6 (20) SERVICE PROVIDER.—The term ‘‘service 

7 provider’’, with respect to an employer, means a per8 son that— 

9 (A) collects, processes, conveys, or main10 tains data with respect to such employer only at 

11 the direction of, in accordance with the direc12 tion of, and pursuant to a written contract with 

13 the employer (including any terms of service or 

14 service agreements); 

15 (B) does not earn revenue from such col16 lection, processing, conveyance, or maintenance 

17 of such data, except from the employer by pro18 viding contracted services to the employer with 

19 regard to such collection, processing, convey20 ance, or maintenance of such data; and 

21 (C) does not combine or link data associ22 ated with such employer with data associated 

23 with another employer. 


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1 (21) SOCIAL MEDIA ACTIVITY.—The term ‘‘so2 cial media activity’’ means any activity on an indi3 vidual platform-based account. 

4 (22) STATE.—The term ‘‘State’’ means each of 

5 the several States of the United States, the District 

6 of Columbia, or any territory or possession of the 

7 United States. 

8 (23) STATE ATTORNEY GENERAL.—The term 

9 ‘‘State attorney general’’ means— 

10 (A) with respect to a State, the attorney 

11 general or chief law enforcement officer of the 

12 State, or another official or agency designated 

13 by the State to bring civil actions on behalf of 

14 the State or the residents of the State; and 

15 (B) with respect to a Tribal government, 

16 the attorney general or chief law enforcement 

17 officer of the Tribal government, or another of18 ficial or agency designated by the Tribal gov19 ernment to bring civil actions on behalf of the 

20 Tribal government or the Indian Tribe of the 

21 Tribal government. 

22 (24) STATE PRIVACY REGULATOR.—The term 

23 ‘‘State privacy regulator’’ means— 

24 (A) the chief consumer protection officer of 

25 a State; or 


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1 (B) a State consumer protection agency 

2 with expertise in data protection, including the 

3 California Privacy Protection Agency. 

4 (25) TECHNOLOGIST.—The term ‘‘technologist’’ 

5 means an individual with experience in fields related 

6 to computational technology, or the technology in7 dustry that produces computational technology, such 

8 as advertising technology, application development, 

9 artificial intelligence, computer science, cybersecu10 rity, data science, digital forensics, human-centered 

11 design, product management, prototyping, service 

12 design, socio-technical systems, software engineering, 

13 user experience, or privacy rights, civil liberties, or 

14 civil rights related to technology. 

15 (26) THIRD PARTY.—The term ‘‘third party’’, 

16 with respect to an employer, means a person or enti17 ty— 

18 (A) to which such employer transfers or is 

19 able to transfer data, including any subsidiary 

20 or corporate affiliate of such employer; and 

21 (B) that is not— 

22 (i) such employer; 

23 (ii) a service provider of such em24 ployer with respect to the data being trans25 ferred; or 


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1 (iii) a government entity. 

2 (27) TRANSFER.—The term ‘‘transfer’’, with 

3 respect to data, means releasing, sharing, leasing, 

4 disseminating, disclosing, making available, or other5 wise causing to be communicated, such data— 

6 (A) to a third party; or 

7 (B) in the case of a third party that re8 leases, shares, leases, disseminates, discloses, 

9 makes available, or otherwise causes to be com10 municated, such data, to another person. 

11 (28) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

12 government’’ means the recognized governing body 

13 of an Indian Tribe. 

14 (29) WORKPLACE SURVEILLANCE.—The term 

15 ‘‘workplace surveillance’’ means any employer sur16 veillance (on- or off-duty) with respect to a covered 

17 individual, including the detection, monitoring, inter18 ception, collection, exploitation, preservation, protec19 tion, transmission, or retention of data concerning 

20 activities or communications with respect to the cov21 ered individual, including through the use of a prod22 uct or service marketed, or that can be used, for 

23 such purposes, such as a computer, telephone, wire, 

24 radio, camera, sensor, electromagnetic, 


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1 photoelectronic, handheld or wearable device, or 

2 photo-optical system. 

3 SEC. 3. DISCLOSURE OF CERTAIN WORKPLACE SURVEIL4 LANCE. 

5 (a) IN GENERAL.—An employer shall disclose, in ac6 cordance with subsections (b) and (c), to each covered in7 dividual described in subsection (b)(1) and publish in a 

8 manner that is conspicuous, freely accessible, and readily 

9 available for viewing by any such covered individual of the 

10 employer (including on the internet in a manner that is 

11 freely accessible and machine readable (in a form pre12 scribed by the Secretary))— 

13 (1) any workplace surveillance on the covered 

14 individual by the employer, including— 

15 (A) what data are being collected; 

16 (B) how the data are being collected; 

17 (C) where and when the data are being col18 lected; 

19 (D) the frequency of the collection; 

20 (E) where the storage of the data is lo21 cated; 

22 (F) the business purposes for which the 

23 data are being used; and 

24 (G) as applicable, the identity of any third 

25 party or service provider— 


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1 (i) used for such workplace surveil2 lance; 

3 (ii) to which data from such work4 place surveillance is transferred; and 

5 (iii) from which data of the covered 

6 individual is or may be purchased or ac7 quired; and 

8 (2) how such workplace surveillance affects em9 ployment-related decisions by the employer, includ10 ing with regard to the assessment of the perform11 ance and productivity of the covered individual. 

12 (b) TIMING OF DISCLOSURE.— 

13 (1) INITIAL DISCLOSURE.—An employer shall 

14 provide the disclosure required under subsection 

15 (a)— 

16 (A) in the case of— 

17 (i) a covered individual for whom an 

18 employment-related decision with regard to 

19 the hiring of the covered individual was 

20 made on or after the effective date of this 

21 section, to the covered individual not later 

22 than 30 days after the date on which the 

23 employer makes such employment-related 

24 decision; or 


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1 (ii) a covered individual who is em2 ployed by, or otherwise performing work 

3 for remuneration for, the employer on such 

4 effective date or a covered individual for 

5 whom an employment-related decision with 

6 regard to the hiring of the covered indi7 vidual was made on or after the date that 

8 is 5 years prior to the effective date of this 

9 section but before such effective date, to 

10 the covered individual not later than 60 

11 days after such effective date; and 

12 (B) to each applicant of the employer prior 

13 to accepting an application by the applicant to 

14 be employed by, or otherwise perform work for 

15 remuneration for, the employer. 

16 (2) SUBSEQUENT DISCLOSURES.—Not later 

17 than 7 days after any information provided by an 

18 employer to a covered individual through a disclo19 sure required under subsection (a) changes or after 

20 any new information required to be provided in such 

21 a disclosure becomes available, the employer shall 

22 provide the covered individual with an updated dis23 closure in accordance with such subsection. 


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1 (c) PROCEDURES FOR DISCLOSURE.—An employer 

2 shall provide the disclosure required under subsection (a) 

3 in a manner required by the Administrator that is— 

4 (1) accessible; 

5 (2) in plain language and in the primary lan6 guage of the covered individual provided the disclo7 sure; 

8 (3) in writing and available electronically; 

9 (4) accountable; 

10 (5) tailored to the purpose of the disclosure; 

11 (6) tailored to the covered individual; and 

12 (7) tailored to the level of risk. 

13 (d) COVERED INDIVIDUAL ACKNOWLEDGMENT.—An 

14 employer shall obtain written or electronic acknowledg15 ment from each covered individual provided a disclosure 

16 under subsection (a) of the receipt of the disclosure by 

17 the covered individual. 

18 (e) WORKER DATA REQUEST AND CORRECTION.—An 

19 employer shall enable a covered individual, upon request 

20 by the covered individual or as provided in section 4(c), 

21 to— 

22 (1) not later than 7 days after such request, ob23 tain any data collected by the employer on the cov24 ered individual through workplace surveillance; and 


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1 (2) in accordance with procedures established 

2 by the Administrator, have any such data that is in3 complete or erroneous updated or corrected at any 

4 time. 

5 (f) EFFECTIVE DATE.—This section shall take effect 

6 on the date that is 60 days after the date of enactment 

7 of this Act. 

8 SEC. 4. PROHIBITION OF CERTAIN WORKPLACE SURVEIL9 LANCE. 

10 (a) IN GENERAL.—An employer or, as applicable, a 

11 third party or service provider that the employer uses for 

12 workplace surveillance may not— 

13 (1) use workplace surveillance to— 

14 (A) identify any covered individual who 

15 forms, joins, assists, or seeks to form, join, or 

16 assist, a labor organization; 

17 (B) monitor the activities of any covered 

18 individual concerning or related to a labor orga19 nization or with respect to engaging in pro20 tected concerted activity; 

21 (C) except as otherwise provided in law, 

22 ascertain any political opinion or activity, reli23 gious view, or other identity marker of the cov24 ered individual, that is unrelated to the perVerDate Sep 11 2014 04:44 Mar 28, 2024 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H7690.IH H7690

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1 formance of the job duties of the covered indi2 vidual for the employer; 

3 (D) except as otherwise provided in law, 

4 collect information on or identify the health sta5 tus, any health condition, or disability status of 

6 a covered individual, that is unrelated to the 

7 performance of the job duties of the covered in8 dividual for the employer; 

9 (E) except as otherwise required by law as10 certain the immigration status of a covered in11 dividual; or 

12 (F) monitor the activities of any covered 

13 individual concerning or related to reporting the 

14 employer or such a third party or service pro15 vider for a violation of any other law, including 

16 monitoring for purposes of identifying a covered 

17 individual who has reported or intends to report 

18 the employer or such a third party or service 

19 provider; 

20 (2) use an automated decision system to predict 

21 behavior of a covered individual that is unrelated to 

22 the work of the covered individual for the employer; 

23 (3) use workplace surveillance to monitor a cov24 ered individual while the covered individual is off25 duty or in a sensitive area, such as a restroom or 


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1 locker room, location provided for the covered indi2 vidual to express breast milk, or location provided 

3 for the covered individual to pray or participate in 

4 a religious activity; 

5 (4) use workplace surveillance on a covered in6 dividual in any manner that threatens the mental or 

7 physical health of the covered individual; 

8 (5) use data collected through workplace sur9 veillance on a covered individual for a purpose that 

10 is not disclosed in accordance with section 

11 3(a)(1)(F); or 

12 (6) sell or license data collected on a covered in13 dividual to any person (including a third party or 

14 service provider of the employer) or, except as other15 wise provided in law, government entity. 

16 (b) TRANSFER OF PERSONALLY IDENTIFIABLE

17 DATA.— 

18 (1) EMPLOYER.—An employer may not transfer 

19 data on a covered individual collected using work20 place surveillance to a third party unless, for each 

21 instance of a transfer— 

22 (A) the employer— 

23 (i) discloses the transfer to the cov24 ered individual; and 


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1 (ii) provides cybersecurity protections 

2 and encryption for the data; and 

3 (B) the covered individual does not opt out 

4 of the instance of the transfer. 

5 (2) THIRD PARTY.—A third party that an em6 ployer uses for workplace surveillance may not 

7 transfer data on a covered individual, including any 

8 such data that was transferred to the third party by 

9 the employer in accordance with paragraph (1). 

10 (c) EMPLOYMENT-RELATED DECISIONS.—An em11 ployer that makes an employment-related decision with re12 gard to a covered individual using data from workplace 

13 surveillance shall— 

14 (1) not later than 7 days after making such an 

15 employment-related decision, disclose to the covered 

16 individual that such employment-related decision 

17 was made using data from workplace surveillance; 

18 and 

19 (2) not later than 7 days after such disclosure, 

20 enable the covered individual to— 

21 (A) review such data and related aggre22 gated data for other similarly situated covered 

23 individuals of the employer; and 

24 (B) in accordance with the procedures de25 scribed in section 3(e)(2), have any data deVerDate Sep 11 2014 04:44 Mar 28, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H7690.IH H7690

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1 scribed in paragraph (1) that is incomplete or 

2 erroneous updated or corrected. 

3 (d) MINIMIZATION.— 

4 (1) COLLECTION.—An employer may not collect 

5 data on a covered individual that is not reasonably 

6 related to operations of the employer. 

7 (2) EMPLOYEE ACCESS.—An employer shall re8 strict access to data on a covered individual by an9 other covered individual of the employer based on 

10 the specific and reasonable business rationale of the 

11 employer that is proportionate to the need for such 

12 access. 

13 (e) EMPLOYER CONTRACTS WITH ANY THIRD PARTY

14 OR SERVICE PROVIDER THAT THE EMPLOYER USES FOR

15 WORKPLACE SURVEILLANCE.—An employer that uses a 

16 third party or service provider for workplace surveillance 

17 shall include in any contract between the employer and 

18 such third party or service provider entered into after the 

19 effective date of this section an agreement to comply with 

20 the requirements of this section. 

21 (f) EFFECTIVE DATE.—This section shall take effect 

22 on the date that is 60 days after the date of enactment 

23 of this Act. 


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1 SEC. 5. ESTABLISHMENT OF PRIVACY AND TECHNOLOGY 

2 DIVISION. 

3 (a) IN GENERAL.—There is established in the De4 partment of Labor the Privacy and Technology Division. 

5 (b) ADMINISTRATOR OF THE PRIVACY AND TECH6 NOLOGY DIVISION.—The President shall appoint an Ad7 ministrator of the Privacy and Technology Division to 

8 head the Privacy and Technology Division. 

9 (c) EMPLOYEES AND ADVISORY BOARDS OF THE DI10 VISION.— 

11 (1) IN GENERAL.—The Administrator— 

12 (A) may select, appoint, and employ, with13 out regard to the provisions of sections 3309 

14 through 3318 of title 5, United States Code, in15 dividuals, including technologists, directly to po16 sitions in the competitive service, as defined in 

17 section 2102 of such title, to carry out the du18 ties of the Administrator under this Act; and 

19 (B) may fix the compensation of the indi20 viduals described in subparagraph (A) without 

21 regard to chapter 51 and subchapter III of 

22 chapter 53 of title 5, United States Code, relat23 ing to classification of positions and General 

24 Schedule pay rates, except that the rate of pay 

25 for such individuals may not exceed the rate 


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1 payable for level V of the Executive Schedule 

2 under section 5316 of that title. 

3 (2) ADVISORY BOARDS.— 

4 (A) ESTABLISHMENT.—The Administrator 

5 shall establish the following advisory boards to 

6 advise and consult with in the exercise of the 

7 functions of the Administrator under this Act 

8 and to provide information on emerging prac9 tices relating to the treatment of data by em10 ployers: 

11 (i) The User Advisory Board, which 

12 shall be composed of experts in consumer 

13 protection, privacy, civil rights, disability 

14 law, labor organizations, and ethics. 

15 (ii) The Research Advisory Board, 

16 which shall be composed of individuals 

17 with academic and research expertise in 

18 privacy, cybersecurity, computer science, 

19 innovation, design, ethics, economics, law, 

20 disability law, labor organizations and pub21 lic policy and representatives of labor orga22 nizations. 

23 (iii) The Product Advisory Board, 

24 which shall be composed of technologists, 

25 computer scientists, designers, product 


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1 managers, attorneys, representatives of 

2 labor organizations, workplace technology 

3 experts, and other representatives of em4 ployers and employees. 

5 (iv) The Labor Advisory Board, which 

6 shall be composed of representatives of 

7 labor organizations and representatives of 

8 workers. 

9 (B) APPOINTMENTS.—The Administrator 

10 shall appoint members to the advisory boards 

11 established under subparagraph (A) without re12 gard to party affiliation. 

13 (C) MEETINGS.—Each advisory board es14 tablished under subparagraph (A) shall meet— 

15 (i) at the call of the Administrator; 

16 and 

17 (ii) not less than 2 times annually. 

18 (D) COMPENSATION AND TRAVEL EX19 PENSES.—A member of an advisory board es20 tablished under subparagraph (A) who is not an 

21 officer or employee of the Federal Government 

22 shall— 

23 (i) be entitled to receive compensation 

24 at a rate fixed by the Administrator while 


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1 attending meetings of the advisory board, 

2 including travel time; and 

3 (ii) receive travel expenses, including 

4 per diem in lieu of subsistence, in accord5 ance with applicable provisions under sub6 chapter I of chapter 57 of title 5, United 

7 States Code. 

8 (E) EXEMPTION FROM THE FEDERAL AD9 VISORY COMMITTEE ACT.—Each advisory board 

10 established under subparagraph (A) shall be ex11 empt from chapter 10 of title 5, United States 

12 Code (commonly known as the ‘‘Federal Advi13 sory Committee Act’’). 

14 (3) USE OF VOLUNTARY SERVICES.—The Ad15 ministrator may, as may from time to time be need16 ed, use any voluntary or uncompensated services. 

17 (4) ATTORNEYS.—Attorneys appointed under 

18 this subsection may appear for and represent the 

19 Administrator in any litigation. 

20 (d) OFFICES.— 

21 (1) IN GENERAL.—The principal office of the 

22 Privacy and Technology Division shall be in the Dis23 trict of Columbia. 

24 (2) REGIONAL, LOCAL, AND OTHER OFFICES.— 

25 The Administrator may establish regional, local, or 


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•HR 7690 IH

1 other offices, including an office in the city of San 

2 Francisco, California, or the San Francisco Bay 

3 area in California. 

4 (e) ORDERS AND GUIDANCE.— 

5 (1) IN GENERAL.—The Secretary, acting 

6 through the Administrator and the Administrator of 

7 the Wage and Hour Division, may issue orders and 

8 guidance, as may be necessary or appropriate to en9 able the Secretary to carry out the purposes and ob10 jectives of this Act, and to prevent evasions thereof. 

11 (2) CONSULTATION.—In issuing orders and 

12 guidance authorized under this subsection, the Sec13 retary, acting through the Administrator and the 

14 Administrator of the Wage and Hour Division, may 

15 consult with Federal agencies that have jurisdiction 

16 over Federal privacy laws or expertise in privacy, in17 cluding the Federal Trade Commission, and Federal 

18 agencies that have jurisdiction over labor and em19 ployment issues, including the Equal Employment 

20 Opportunity Commission, the National Labor Rela21 tions Board, the National Mediation Board, and the 

22 Merit Systems Protection Board. 

23 SEC. 6. REGULATIONS. 

24 (a) IN GENERAL.— 

25 (1) AUTHORITY.— 


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1 (A) IN GENERAL.—Except as provided in 

2 paragraph (2), the Secretary, acting through 

3 the Administrator in consultation with the Ad4 ministrator of the Wage and Hour Division, 

5 may prescribe such regulations as may be nec6 essary to carry out this Act with respect to cov7 ered individuals described in section 2(7)(A) 

8 (other than covered individuals described in 

9 clauses (iii) through (v) of such section) and 

10 other individuals affected by employers de11 scribed in subclause (I) or (II) of section 

12 2(10)(A)(i), including individuals who are cov13 ered individuals described in section 2(7)(B) 

14 with respect to such employers. 

15 (B) CONSULTATION.—In prescribing any 

16 regulations authorized under this paragraph, 

17 the Secretary, acting through the Adminis18 trator, may consult with Federal agencies that 

19 have jurisdiction over Federal privacy laws or 

20 expertise in privacy, including the Federal 

21 Trade Commission, and Federal agencies that 

22 have jurisdiction over labor and employment 

23 issues, including the Equal Employment Oppor24 tunity Commission and the National Labor Re25 lations Board. 


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1 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI2 BRARY OF CONGRESS.—The Comptroller General of 

3 the United States and the Librarian of Congress 

4 shall prescribe any regulations described in para5 graph (1)(A) with respect to covered individuals of 

6 the Government Accountability Office and the Li7 brary of Congress, respectively, and other individuals 

8 affected by the Comptroller General of the United 

9 States and the Librarian of Congress, respectively. 

10 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC11 COUNTABILITY ACT OF 1995.— 

12 (1) AUTHORITY.—Not later than 45 days after 

13 the Secretary prescribes any regulation under sub14 section (a)(1)(A), the Board of Directors of the Of15 fice of Compliance shall prescribe (in accordance 

16 with section 304 of the Congressional Accountability 

17 Act of 1995 (2 U.S.C. 1384)) such regulations as 

18 may be necessary to carry out this Act with respect 

19 to covered individuals described in section 

20 2(7)(A)(iii) and other individuals affected by em21 ployers described in section 2(10)(A)(i)(III), includ22 ing individuals who are covered individuals described 

23 in section 2(7)(B) with respect to such employers. 

24 (2) AGENCY REGULATIONS.—The regulations 

25 prescribed under paragraph (1) shall be the same as 


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1 substantive regulations promulgated by the Sec2 retary under subsection (a)(1)(A) except insofar as 

3 the Board may determine, for good cause shown and 

4 stated together with the regulations prescribed 

5 under paragraph (1), that a modification of such 

6 regulations would be more effective for the imple7 mentation of the rights and protections involved 

8 under this section. 

9 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

10 3, UNITED STATES CODE.— 

11 (1) AUTHORITY.—Not later than 45 days after 

12 the Secretary prescribes any regulation under sub13 section (a)(1)(A), the President (or the designee of 

14 the President) shall prescribe such regulations as 

15 may be necessary to carry out this Act with respect 

16 to covered individuals described in section 

17 2(7)(A)(iv) and other individuals affected by employ18 ers described in section 2(10)(A)(i)(IV), including 

19 individuals who are covered individuals described in 

20 section 2(7)(B) with respect to such employers. 

21 (2) AGENCY REGULATIONS.—The regulations 

22 prescribed under paragraph (1) shall be the same as 

23 substantive regulations promulgated by the Sec24 retary under subsection (a)(1)(A) except insofar as 

25 the President (or designee) may determine, for good 


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1 cause shown and stated together with the regula2 tions prescribed under paragraph (1), that a modi3 fication of such regulations would be more effective 

4 for the implementation of the rights and protections 

5 involved under this section. 

6 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

7 5, UNITED STATES CODE.— 

8 (1) AUTHORITY.—Not later than 45 days after 

9 the Secretary prescribes any regulation under sub10 section (a)(1)(A), the Director of the Office of Per11 sonnel Management shall prescribe such regulations 

12 as may be necessary to carry out this Act with re13 spect to covered individuals described in section 

14 2(7)(A)(v) and other individuals affected by employ15 ers described in section 2(10)(A)(i)(V), including in16 dividuals who are covered individuals described in 

17 section 2(7)(B) with respect to such employers. 

18 (2) AGENCY REGULATIONS.—The regulations 

19 prescribed under paragraph (1) shall be the same as 

20 substantive regulations promulgated by the Sec21 retary under subsection (a)(1)(A) except insofar as 

22 the Director may determine, for good cause shown 

23 and stated together with the regulations prescribed 

24 under paragraph (1), that a modification of such 

25 regulations would be more effective for the impleVerDate Sep 11 2014 04:44 Mar 28, 2024 Jkt 049200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H7690.IH H7690

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1 mentation of the rights and protections involved 

2 under this section. 

3 SEC. 7. WHISTLEBLOWER PROTECTIONS. 

4 No employer shall discriminate or retaliate (including 

5 through intimidation, threats, coercion, or harassment) 

6 against any covered individual of the employer— 

7 (1) for exercising, or attempting to exercise, 

8 any right provided under this Act; or 

9 (2) because the covered individual (or another 

10 individual acting at the request of the covered indi11 vidual) has— 

12 (A) filed a written or oral complaint to the 

13 employer or a Federal, State, or local govern14 ment entity of a violation of section 3 or 4; 

15 (B) sought assistance or intervention with 

16 respect to a worker privacy-related concern 

17 from the employer, a Federal, State, or local 

18 government, or a worker representative; 

19 (C) instituted, caused to be instituted, or 

20 otherwise participated in any inquiry or pro21 ceeding under or related to this Act; 

22 (D) given, or is about to give, any informa23 tion in connection with any inquiry or pro24 ceeding relating to any right provided under 

25 this Act; or 


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1 (E) testified, or is about to testify, in any 

2 inquiry or proceeding relating to any right pro3 vided under this Act. 

4 SEC. 8. ENFORCEMENT. 

5 (a) IN GENERAL.— 

6 (1) DEFINITION.—For purposes of this sub7 section: 

8 (A) COVERED INDIVIDUAL.—The term 

9 ‘‘covered individual’’ means a covered indi10 vidual— 

11 (i) described in section 2(7)(A) (other 

12 than covered individuals described in 

13 clauses (iii) through (v) of such section); or 

14 (ii) described in section 2(7)(B) with 

15 respect to an employer. 

16 (B) EMPLOYER.—The term ‘‘employer’’ 

17 means an employer described in subclause (I) 

18 or (II) of section 2(10)(A)(i). 

19 (2) ENFORCEMENT BY THE PRIVACY AND

20 TECHNOLOGY DIVISION.— 

21 (A) INVESTIGATION.— 

22 (i) IN GENERAL.—To ensure compli23 ance with the provisions of this Act, or any 

24 regulation or order issued under this Act, 


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1 the Secretary, acting through the Adminis2 trator— 

3 (I) shall have the investigative 

4 authority provided under section 11(a) 

5 of the Fair Labor Standards Act of 

6 1938 (29 U.S.C. 211(a)), with respect 

7 to employers, covered individuals, and 

8 third parties and service providers 

9 with respect to employers; and 

10 (II) may require, by general or 

11 special orders, an employer or third 

12 party or service provider with respect 

13 to the employer, to file with the Sec14 retary, in such form as the Secretary 

15 may prescribe, annual or special re16 ports or answers in writing to specific 

17 questions, furnishing to the Secretary 

18 such information or records as the 

19 Secretary may require as to the orga20 nization, business, conduct, practices, 

21 management, and relation to other 

22 corporations, partnerships, and indi23 viduals, of the employer. 

24 (ii) REPORTS AND ANSWERS.—An em25 ployer or third party or service provider 


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1 with respect to the employer shall file the 

2 reports and answers (including information 

3 and records) required under clause (i)(II) 

4 in such manner, including under oath or 

5 otherwise, and within such reasonable time 

6 period as the Secretary may require. 

7 (iii) JOINT INVESTIGATIONS.—The 

8 Secretary, acting through the Adminis9 trator, may conduct investigations and 

10 make requests for information, as author11 ized under this Act, on a joint basis with 

12 another Federal agency, a State attorney 

13 general, or a State agency. 

14 (iv) OBLIGATION TO KEEP, PRESERVE, 

15 AND MAKE AVAILABLE RECORDS.—An em16 ployer or third party or service provider 

17 with respect to the employer shall make, 

18 keep, preserve, and make available to the 

19 Secretary records pertaining to compliance 

20 with this Act in accordance with section 

21 11(c) of the Fair Labor Standards Act of 

22 1938 (29 U.S.C. 211(c)) and in accord23 ance with any regulation or order issued by 

24 the Secretary. 


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1 (B) ENFORCEMENT.—With respect to em2 ployers, covered individuals, and third parties 

3 and service providers with respect to employers, 

4 the Secretary, acting through the Adminis5 trator, shall receive, investigate, and attempt to 

6 resolve complaints of violations of section 3, 4, 

7 or 7 in the same manner that the Secretary re8 ceives, investigates, and attempts to resolve 

9 complaints of violations of sections 6 and 7 of 

10 the Fair Labor Standards Act of 1938 (29 

11 U.S.C. 206 and 207). 

12 (C) PRIORITY.—For purposes of subpara13 graphs (A) and (B), the Secretary shall 

14 prioritize industries with high rates of work15 place surveillance and at high risk of workplace16 surveillance-related health impacts. 

17 (D) REFERRAL FOR CRIMINAL PRO18 CEEDINGS.—If the Secretary, in the course of 

19 the performance of any act or duty under this 

20 Act, obtains evidence that any employer has en21 gaged in conduct that may constitute a viola22 tion of Federal criminal law, the Secretary shall 

23 refer the matter to the Attorney General for 

24 prosecution under any applicable law. Nothing 


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•HR 7690 IH

1 in this paragraph shall affect any other author2 ity of the Secretary to disclose information. 

3 (E) LITIGATION.—The Solicitor of Labor 

4 may appear for and represent the Secretary on 

5 any litigation brought under this subsection. 

6 (3) PRIVATE RIGHT OF ACTION.— 

7 (A) IN GENERAL.— 

8 (i) COVERED INDIVIDUAL.—Notwith9 standing any action by the Secretary under 

10 paragraph (2)(B), any covered individual 

11 adversely affected by an alleged violation of 

12 section 3, 4, or 7, may commence a civil 

13 action against any person that violates 

14 such section in any Federal court of com15 petent jurisdiction. 

16 (ii) LABOR ORGANIZATION.—Notwith17 standing any action by the Secretary under 

18 paragraph (2)(B), any labor organization 

19 adversely affected by an alleged violation of 

20 4 or 7 may commence a civil action against 

21 any person that violates such section in 

22 any Federal court of competent jurisdic23 tion. 

24 (B) RELIEF.— 


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1 (i) IN GENERAL.—In a civil action 

2 brought under subparagraph (A) in which 

3 the covered individual or labor organization 

4 prevails, the court may award the covered 

5 individual or labor organization— 

6 (I) damages of— 

7 (aa) an amount equal to the 

8 sum of any actual damages sus9 tained by the covered individual; 

10 or 

11 (bb) not more than treble 

12 damages; 

13 (II) statutory damages described 

14 in clause (iv); 

15 (III) injunctive relief; and 

16 (IV) equitable relief. 

17 (ii) ATTORNEY’S FEES.—In a civil ac18 tion brought under subparagraph (A) in 

19 which the covered individual or labor orga20 nization prevails, the court shall award the 

21 covered individual or labor organization 

22 reasonable attorney’s fees and litigation 

23 costs. 

24 (iii) TEMPORARY RELIEF FOR WHIS25 TLEBLOWERS.—In a civil action brought 


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1 under subparagraph (A) regarding a viola2 tion of section 7, the court may award the 

3 covered individual or labor organization 

4 temporary relief while the case is pending, 

5 including reinstatement. 

6 (iv) STATUTORY DAMAGES.—The 

7 court may, in accordance with clause (v), 

8 award statutory damages under clause 

9 (i)(II) against a person in the following 

10 amounts: 

11 (I) FAILURE TO COMPLY WITH

12 DISCLOSURE REQUIREMENTS.—For a 

13 violation of section 3, the court may 

14 award— 

15 (aa) for the first such viola16 tion, damages of an amount not 

17 more than $500 for each covered 

18 individual impacted; and 

19 (bb) for any subsequent vio20 lation, damages for each covered 

21 individual impacted in an amount 

22 of not more than $500 more than 

23 the amount of the damages 

24 awarded per covered individual 


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1 for the violation immediately pre2 ceding such subsequent violation. 

3 (II) USING SURVEILLANCE DATA

4 FOR PROHIBITED ACTIVITIES.—For 

5 each violation of section 4, the court 

6 may award— 

7 (aa) damages of an amount 

8 not less than $5,000 and not 

9 more than $20,000; or 

10 (bb) for any willful or re11 peated violation, damages of an 

12 amount not less than $10,000 

13 and not more than $40,000. 

14 (III) RETALIATION ON WHISTLE15 BLOWERS.—For each violation of sec16 tion 7, the court may award— 

17 (aa) damages of an amount 

18 not less than $5,000 and not 

19 more than $50,000; or 

20 (bb) for any willful or re21 peated violation, damages of an 

22 amount not less than $10,000 

23 and not more than $100,000. 

24 (v) CONSIDERATIONS FOR STATUTORY

25 DAMAGES.—In determining the amount of 


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1 statutory damages assessed under clause 

2 (iv), the court shall consider any relevant 

3 circumstances presented by the parties to 

4 the action, including— 

5 (I) the nature and seriousness of 

6 the violation; 

7 (II) the number of violations; 

8 (III) the persistence of the mis9 conduct; 

10 (IV) the length of time over 

11 which the misconduct occurred; 

12 (V) the willfulness of the mis13 conduct of person; and 

14 (VI) the assets, liabilities, and 

15 net worth of the person. 

16 (C) RIGHTS OF THE SECRETARY AND A

17 STATE ATTORNEY GENERAL.—Prior to an cov18 ered individual or labor organization bringing a 

19 civil action under subparagraph (A), such cov20 ered individual or labor organization shall, in 

21 writing, notify the Secretary and any relevant 

22 State attorney general of the intent to com23 mence such civil action. Upon receiving such 

24 notice, the Secretary and State attorney general 


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1 shall each, not later than 60 days after receiv2 ing such notice— 

3 (i) determine whether to intervene in 

4 such action and, upon intervening— 

5 (I) be heard on all matters aris6 ing in such action; and 

7 (II) file petitions for appeal of a 

8 decision in such action; and 

9 (ii) notify such covered individual or 

10 labor organization. 

11 (D) REMEDIES FOR STATE EMPLOYEES.— 

12 (i) WAIVER OF SOVEREIGN IMMU13 NITY.—A State’s receipt or use of Federal 

14 financial assistance for any program or ac15 tivity of a State shall constitute a waiver 

16 of sovereign immunity, under the 11th 

17 Amendment to the Constitution of the 

18 United States or otherwise, to a suit 

19 brought by a covered individual of that 

20 program or activity, or a labor organiza21 tion representing such a covered individual, 

22 under this paragraph for equitable, legal, 

23 or other relief authorized under this para24 graph. 


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1 (ii) OFFICIAL CAPACITY.—An official 

2 of a State may be sued in the official ca3 pacity of the official by any covered indi4 vidual or such a labor organization who 

5 has complied with the procedures under 

6 this paragraph, for injunctive relief that is 

7 authorized under this paragraph. In such a 

8 suit the court may award to the prevailing 

9 party those costs authorized by section 722 

10 of the Revised Statutes (42 U.S.C. 1988). 

11 (iii) APPLICABILITY.—With respect to 

12 a particular program or activity, clause (i) 

13 applies to conduct that occurs— 

14 (I) after the date of enactment of 

15 this Act; and 

16 (II) on or after the day on which 

17 a State first receives or uses Federal 

18 financial assistance for that program 

19 or activity. 

20 (iv) DEFINITION OF PROGRAM OR AC21 TIVITY.—In this subparagraph, the term 

22 ‘‘program or activity’’ has the meaning 

23 given the term in section 606 of the Civil 

24 Rights Act of 1964 (42 U.S.C. 2000d–4a). 


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1 (E) REMEDIES FOR TRIBAL GOVERNMENT

2 EMPLOYEES.— 

3 (i) WAIVER OF SOVEREIGN IMMU4 NITY.—A Tribal government’s receipt or 

5 use of Federal financial assistance for any 

6 program or activity of the Tribal govern7 ment shall constitute a waiver of sovereign 

8 immunity to a suit brought by a covered 

9 individual of that program or activity, or a 

10 labor organization representing such a cov11 ered individual, under this paragraph for 

12 equitable, legal, or other relief authorized 

13 under this paragraph. 

14 (ii) OFFICIAL CAPACITY.—An official 

15 of a Tribal government may be sued in the 

16 official capacity of the official by any cov17 ered individual or such a labor organiza18 tion who has complied with the procedures 

19 under this paragraph for injunctive relief 

20 that is authorized under this paragraph. In 

21 such a suit the court may award to the 

22 prevailing party those costs authorized by 

23 section 722 of the Revised Statutes (42 

24 U.S.C. 1988). 


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1 (iii) APPLICABILITY.—With respect to 

2 a particular program or activity, clause (i) 

3 applies to conduct that occurs— 

4 (I) after the date of enactment of 

5 this Act; and 

6 (II) on or after the day on which 

7 a Tribal government first receives or 

8 uses Federal financial assistance for 

9 that program or activity. 

10 (iv) DEFINITION OF PROGRAM OR AC11 TIVITY.—In this subparagraph, the term 

12 ‘‘program or activity’’ has the meaning 

13 given the term in section 606 of the Civil 

14 Rights Act of 1964 (42 U.S.C. 2000d–4a). 

15 (4) ENFORCEMENT BY THE GOVERNMENT AC16 COUNTABILITY OFFICE AND LIBRARY OF CON17 GRESS.—Notwithstanding any other provision of this 

18 subsection, in the case of the Government Account19 ability Office and the Library of Congress, the au20 thority of the Secretary under this subsection shall 

21 be exercised respectively by the Comptroller General 

22 of the United States and the Librarian of Congress, 

23 respectively. 

24 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC25 COUNTABILITY ACT OF 1995.—The powers, remedies, and 


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1 procedures provided in the Congressional Accountability 

2 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de3 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

4 person, alleging a violation of section 202(a)(1) of that 

5 Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 

6 and procedures this Act provides to that Board, or any 

7 person, with regard to an allegation of a violation of sec8 tion 3, 4, or 7 against a covered individual described in 

9 section 2(7)(A)(iii) or described in section 2(7)(B) with 

10 respect to an employer described in section 

11 2(10)(A)(i)(III). 

12 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

13 3, UNITED STATES CODE.—The powers, remedies, and 

14 procedures provided in chapter 5 of title 3, United States 

15 Code, to the President, the Merit Systems Protection 

16 Board, or any person, alleging a violation of section 

17 412(a)(1) of that title, shall be the powers, remedies, and 

18 procedures this Act provides to the President, that Board, 

19 or any person, respectively, with regard to an allegation 

20 of a violation of section 3, 4, or 7 against a covered indi21 vidual described in section 2(7)(A)(iv) or described in sec22 tion 2(7)(B) with respect to an employer described in sec23 tion 2(10)(A)(i)(IV). 

24 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

25 5, UNITED STATES CODE.—The powers, remedies, and 


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1 procedures provided in title 5, United States Code, to an 

2 employing agency, provided in chapter 12 of that title to 

3 the Merit Systems Protection Board, or provided in that 

4 title to any person, alleging a violation of chapter 63 of 

5 that title, shall be the powers, remedies, and procedures 

6 this Act provides to that agency, that Board, or any per7 son, respectively, with regard to an allegation of a viola8 tion of section 3, 4, or 7 against a covered individual de9 scribed in section 2(7)(A)(v) or described in section 

10 2(7)(B) with respect to an employer described in section 

11 2(10)(A)(i)(V). 

12 (e) ENFORCEMENT BY STATES.— 

13 (1) IN GENERAL.—In any case in which a State 

14 attorney general or a State privacy regulator has 

15 reason to believe that an interest of the residents of 

16 a State has been or is adversely affected by any per17 son who violates any provision of section 3, 4, or 7, 

18 including a regulation or order prescribed under this 

19 Act, the State attorney general or State privacy reg20 ulator, as parens patriae, may bring a civil action on 

21 behalf of the residents of the State in an appropriate 

22 State court or an appropriate district court of the 

23 United States to— 

24 (A) enjoin further violation of such provi25 sion by the person; 


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1 (B) compel compliance with such provision; 

2 (C) obtain damages, civil penalties, restitu3 tion, or other compensation on behalf of the 

4 residents of the State; or 

5 (D) obtain reasonable attorney’s fees and 

6 other litigation costs reasonably incurred. 

7 (2) RIGHTS OF AGENCY.—Before initiating a 

8 civil action under paragraph (1), the State attorney 

9 general or State privacy regulator, as the case may 

10 be, shall notify the Secretary in writing of such civil 

11 action. Upon receiving such notice, the Secretary 

12 may— 

13 (A) intervene in such action; and 

14 (B) upon intervening— 

15 (i) be heard on all matters arising in 

16 such civil action; and 

17 (ii) file petitions for appeal of a deci18 sion in such action. 

19 (3) PREEMPTIVE ACTION BY AGENCY.—In any 

20 case in which a civil action is instituted by or on be21 half of the Secretary for violation of this Act or a 

22 regulation promulgated under this Act, a State at23 torney general or State privacy regulator may not, 

24 during the pendency of such action, institute a civil 

25 action against any defendant named in the comVerDate Sep 11 2014 04:44 Mar 28, 2024 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H7690.IH H7690

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1 plaint in the action instituted by or on behalf of the 

2 Secretary for a violation that is alleged in such com3 plaint. In a case brought by the Secretary that af4 fects the interests of a State, the State attorney gen5 eral or State privacy regulator may intervene as of 

6 right pursuant to the Federal Rules of Civil Proce7 dure. 

8 (4) PRESERVATION OF STATE POWERS.—Ex9 cept as provided in paragraph (3), no provision of 

10 this subsection shall be construed as altering, lim11 iting, or affecting the authority of a State attorney 

12 general or State privacy regulator to— 

13 (A) bring an action or other regulatory 

14 proceeding arising solely under the laws in ef15 fect in that State; or 

16 (B) exercise the powers conferred on the 

17 State attorney general or State privacy regu18 lator by the laws of the State, including the 

19 ability to conduct investigations, administer 

20 oaths or affirmations, or compel the attendance 

21 of witnesses or the production of documentary 

22 or other evidence. 

23 (f) LIABILITY OF AN EMPLOYER FOR A VIOLATION

24 BY A THIRD PARTY OR SERVICE PROVIDER THAT THE

25 EMPLOYER USES FOR WORKPLACE SURVEILLANCE.—A 


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1 violation of section 4 by a third party or service provider 

2 that the employer uses for workplace surveillance shall be 

3 considered a violation of such section by the employer if 

4 the employer knew or should have known about such viola5 tion. 

6 (g) ARBITRATION AND CLASS ACTION.—Notwith7 standing any other provision of law, no predispute arbitra8 tion agreement or predispute joint-action waiver shall be 

9 valid or enforceable with respect to any alleged violation 

10 of section 3, 4, or 7. 

11 SEC. 9. REPORTS TO CONGRESS. 

12 (a) REPORT ON WORKPLACE SURVEILLANCE.— Not 

13 later than 1 year after the date of enactment of this Act, 

14 and biennially thereafter, the Secretary, acting through 

15 the Administrator, shall— 

16 (1) using technologists and subject matter ex17 perts, conduct a study on workplace surveillance on 

18 covered individuals by employers, including such 

19 workplace surveillance through technological means; 

20 and 

21 (2) submit to Congress, and make publicly 

22 available, a report on the findings of the study under 

23 paragraph (1), including any recommendations for 

24 the President and Congress targeted at reducing 


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1 harms related to workplace surveillance on covered 

2 individuals. 

3 (b) REPORT ON ENFORCEMENT.—Not later than 1 

4 year after the date of enactment of this Act, and annually 

5 thereafter, the Secretary, acting through the Adminis6 trator, shall submit to Congress, and make publicly avail7 able, a report on enforcement of this Act by the Privacy 

8 and Technology Division, including information on the fol9 lowing: 

10 (1) Violations of sections 3, 4, and 7, including 

11 the results of enforcement activities. 

12 (2) Enforcement strategies. 

13 (3) The strategy for educating employers on 

14 rights and responsibilities under this Act. 

15 (4) Recommendations for improving the effec16 tiveness of the Privacy and Technology Division. 

17 SEC. 10. COORDINATION. 

18 In carrying out this Act, the Secretary, acting 

19 through the Administrator, shall coordinate with any ap20 propriate Federal agency or State regulator to promote 

21 consistent regulatory treatment of workplace surveillance. 

22 SEC. 11. RELATION TO OTHER LAWS. 

23 Except as explicitly provided otherwise, nothing in 

24 this Act shall be construed to preempt, modify, limit, or 

25 supersede— 


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1 (1) any provision of Federal or State law; or 

2 (2) the authority of the Federal Trade Commis3 sion, Equal Employment Opportunity Commission, 

4 National Labor Relations Board, or any other Fed5 eral agency. 

6 SEC. 12. SEVERABILITY. 

7 If any provision of this Act or the application of such 

8 provision to any person or circumstance is held to be un9 constitutional, the remainder of this Act and the applica10 tion of the provisions of such to all other persons or cir11 cumstances shall not be affected thereby. 

Æ 


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