I 

118TH CONGRESS 

2D SESSION H. R. 7621 

To prohibit certain uses of automated decision systems by employers, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 12, 2024 

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

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

and in addition to the Committees on House Administration, and Oversight and Accountability, 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 certain uses of automated decision systems 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 ‘‘No Robot Bosses Act’’. 

5 SEC. 2. DEFINITIONS. 

6 For purposes of this Act: 

7 (1) AUTOMATED DECISION SYSTEM.— 


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

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

3 process that— 

4 (i) uses computation, in whole or in 

5 part, to determine outcomes, make or aid 

6 decisions (including through evaluations, 

7 metrics, or scoring), inform policy imple8 mentation, or collect data or observations, 

9 including such a system, software, or proc10 ess derived from machine learning, statis11 tics, or other data processing or artificial 

12 intelligence techniques; and 

13 (ii) is not passive computing infra14 structure. 

15 (B) PASSIVE COMPUTING INFRASTRUC16 TURE.—For purposes of this paragraph, the 

17 term ‘‘passive computing infrastructure’’ means 

18 any intermediary technology that does not influ19 ence or determine the outcome of a decision, 

20 make or aid in a decision (including through 

21 evaluations, metrics, or scoring), inform policy 

22 implementation, or collect data or observations, 

23 including web hosting, domain registration, net24 working, caching, data storage, or cybersecu25 rity. 


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1 (2) AUTOMATED DECISION SYSTEM OUTPUT.— 

2 The term ‘‘automated decision system output’’ 

3 means any information, assumption, prediction, 

4 score, recommendation, decision, evaluation, metric, 

5 conclusion, inference, or profile generated by an 

6 automated decision system. 

7 (3) CANDIDATE.—The term ‘‘candidate’’, with 

8 respect to an employer, means an individual who ap9 plies, or applied, to be employed by, or otherwise 

10 perform work for remuneration for, the employer. 

11 (4) COVERED INDIVIDUAL.—The term ‘‘covered 

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

13 individual— 

14 (A) who is employed by, or otherwise per15 forming work for remuneration for, the em16 ployer, including such an individual who is— 

17 (i) any individual performing work for 

18 remuneration for an employer described in 

19 clauses (i)(I) and (ii) of paragraph (6)(A); 

20 (ii) any individual performing work 

21 for remuneration for an entity described in 

22 paragraph (6)(A)(i)(II); 

23 (iii) any individual performing work 

24 for remuneration for an employing office 

25 described in paragraph (6)(A)(i)(III); 


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1 (iv) any individual performing work 

2 for remuneration for an employing office 

3 described in paragraph (6)(A)(i)(IV); or 

4 (v) any individual performing work for 

5 remuneration for an employing agency de6 scribed in paragraph (6)(A)(i)(V); or 

7 (B) who is a candidate with respect to the 

8 employer. 

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

10 meaning given such term in section 3 of the Fair 

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

12 (6) EMPLOYER.— 

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

14 means any person who is— 

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

16 described in any other subclause of this 

17 clause; 

18 (II) an entity employing a State em19 ployee described in section 304(a) of the 

20 Government Employee Rights Act of 1991 

21 (42 U.S.C. 2000e–16c(a)); 

22 (III) an employing office, as defined 

23 in section 101 of the Congressional Ac24 countability Act of 1995 (2 U.S.C. 1301); 


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1 (IV) an employing office, as defined in 

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

3 Code; or 

4 (V) an employing agency covered 

5 under subchapter V of chapter 63 of title 

6 5, United States Code; and 

7 (ii) engaged in commerce (including 

8 government), or an industry or activity af9 fecting commerce (including government). 

10 (B) COVERED EMPLOYER.—In subpara11 graph (A), the term ‘‘covered employer’’— 

12 (i) means any person engaged in com13 merce or in any industry or activity affect14 ing commerce who employs, or otherwise 

15 engages for the performance of work for 

16 remuneration, 11 or more covered individ17 uals; 

18 (ii) includes— 

19 (I) any person who acts, directly 

20 or indirectly, in the interest of a cov21 ered employer in relation to any indi22 vidual performing work for remunera23 tion for such covered employer; 

24 (II) any successor in interest of a 

25 covered employer; 


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1 (III) any public agency; and 

2 (IV) the Government Account3 ability Office and the Library of Con4 gress; and 

5 (iii) does not include any labor organi6 zation (other than when acting as an em7 ployer) or anyone acting in the capacity of 

8 officer or agent of such labor organization. 

9 (C) PUBLIC AGENCY.—For purposes of 

10 this paragraph, a public agency shall be consid11 ered to be a person engaged in commerce or in 

12 an industry or activity affecting commerce. 

13 (D) DEFINITIONS.—For purposes of this 

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

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

16 the terms in section 3 of the Fair Labor Stand17 ards Act of 1938 (29 U.S.C. 203). 

18 (7) EMPLOYMENT-RELATED DECISION.—The 

19 term ‘‘employment-related decision’’ includes a deci20 sion by an employer with regard to— 

21 (A) hiring a covered individual (including 

22 any decision with regard to recruiting, screen23 ing, interviewing, or selecting a candidate); 


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1 (B) firing, retaining, taking a disciplinary 

2 action against, demoting, or reassigning duties 

3 of a covered individual; or 

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

5 of employment or work of the covered indi6 vidual, such as relating to pay, scheduling, 

7 health care or long-term care coverage, benefits, 

8 or hours worked or promoting a covered indi9 vidual. 

10 (8) GOVERNMENT ENTITY.—The term ‘‘govern11 ment entity’’ means— 

12 (A) a Federal agency (as such term is de13 fined in section 3371 of title 5, United States 

14 Code); 

15 (B) a State or political subdivision thereof; 

16 (C) any agency, authority, or instrumen17 tality of a State or political subdivision thereof; 

18 or 

19 (D) a Tribal government or political sub20 division thereof. 

21 (9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

22 means any Indian or Alaska Native tribe, band, na23 tion, pueblo, village, community, component band, or 

24 component reservation individually identified (includ25 ing parenthetically) in the list published most reVerDate Sep 11 2014 18:53 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7621.IH H7621

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1 cently as of the date of enactment of this Act pursu2 ant to section 104 of the Federally Recognized In3 dian Tribe List Act of 1994 (25 U.S.C. 5131). 

4 (10) LABOR ORGANIZATION.—The term ‘‘labor 

5 organization’’ has the meaning given the term in 

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

7 U.S.C. 152(5)), except that such term shall also in8 clude— 

9 (A) any organization composed of labor or10 ganizations, such as a labor union federation or 

11 a State or municipal labor body; and 

12 (B) any organization which would be in13 cluded in the definition for such term under 

14 such section 2(5) but for the fact that the orga15 nization represents— 

16 (i) individuals employed by the United 

17 States, any wholly owned Government cor18 poration, any Federal Reserve Bank, or 

19 any State or political subdivision thereof; 

20 (ii) individuals employed by persons 

21 subject to the Railway Labor Act (45 

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

23 (iii) individuals employed as agricul24 tural laborers. 


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1 (11) PREDISPUTE ARBITRATION AGREEMENT.— 

2 The term ‘‘predispute arbitration agreement’’ means 

3 any agreement to arbitrate a dispute that has not 

4 yet arisen at the time of the making of the agree5 ment. 

6 (12) PREDISPUTE JOINT-ACTION WAIVER.—The 

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

8 agreement, whether or not part of a predispute arbi9 tration agreement, that would prohibit, or waive the 

10 right of, one of the parties to the agreement to par11 ticipate in a joint, class, or collective action in a ju12 dicial, arbitral, administrative, or other forum, con13 cerning a dispute that has not yet arisen at the time 

14 of the making of the agreement. 

15 (13) SECRETARY.—The term ‘‘Secretary’’ 

16 means the Secretary of Labor. 

17 (14) STATE.—The term ‘‘State’’ means each of 

18 the several States of the United States, the District 

19 of Columbia, or any territory or possession of the 

20 United States. 

21 (15) STATE ATTORNEY GENERAL.—The term 

22 ‘‘State attorney general’’ means— 

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

24 general or chief law enforcement officer of the 

25 State, or another official or agency designated 


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1 by the State to bring civil actions on behalf of 

2 the State or the residents of the State; and 

3 (B) with respect to a Tribal government, 

4 the attorney general or chief law enforcement 

5 officer of the Tribal government, or another of6 ficial or agency designated by the Tribal gov7 ernment to bring civil actions on behalf of the 

8 Tribal government or the Indian Tribe of the 

9 Tribal government. 

10 (16) STATE PRIVACY REGULATOR.—The term 

11 ‘‘State privacy regulator’’ means— 

12 (A) the chief consumer protection officer of 

13 a State; or 

14 (B) a State consumer protection agency 

15 with expertise in data protection, including the 

16 California Privacy Protection Agency. 

17 (17) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

18 government’’ means the recognized governing body 

19 of an Indian Tribe. 

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

21 EMPLOYER. 

22 (a) EMPLOYMENT-RELATED DECISIONS.— 

23 (1) IN GENERAL.—An employer— 

24 (A) may not rely exclusively on an auto25 mated decision system in making an employVerDate Sep 11 2014 18:53 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H7621.IH H7621

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1 ment-related decision with respect to a covered 

2 individual; and 

3 (B) may not use an automated decision 

4 system output in making an employment-re5 lated decision with respect to a covered indi6 vidual unless— 

7 (i) the automated decision system 

8 used to generate such automated decision 

9 system output has had pre-deployment 

10 testing and validation with respect to— 

11 (I) the efficacy of the system; 

12 (II) the compliance of the system 

13 with applicable employment discrimi14 nation laws, including— 

15 (aa) title VII of the Civil 

16 Rights Act of 1964 (42 U.S.C. 

17 2000e et seq.); 

18 (bb) the Age Discrimination 

19 in Employment Act of 1967 (29 

20 U.S.C. 621 et seq.); 

21 (cc) title I of the Americans 

22 with Disabilities Act of 1990 (42 

23 U.S.C. 12111 et seq.); 

24 (dd) title II of the Genetic 

25 Information Nondiscrimination 


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1 Act of 2008 (42 U.S.C. 2000ff et 

2 seq.); 

3 (ee) section 6(d) of the Fair 

4 Labor Standards Act of 1938 (29 

5 U.S.C. 206(d)); 

6 (ff) sections 501 and 505 of 

7 the Rehabilitation Act of 1973 

8 (29 U.S.C. 791; 793); and 

9 (gg) the Pregnant Workers 

10 Fairness Act (division II of the 

11 Consolidated Appropriations Act, 

12 2023 (Public Law 117–328)); 

13 (III) the lack of any potential 

14 discriminatory impact of the system, 

15 including discriminatory impact based 

16 on race, color, religion, sex (including 

17 pregnancy, sexual orientation, or gen18 der identity), national origin, age, or 

19 disability and genetic information (in20 cluding family medical history); and 

21 (IV) the compliance of the sys22 tem with the Artificial Intelligence 

23 Risk Management Framework re24 leased by the National Institute of 


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1 Standards and Technology on Janu2 ary 26, 2023, or successor framework; 

3 (ii) such automated decision system 

4 is, not less than annually, independently 

5 tested for discriminatory impact described 

6 in clause (i)(III) or potential biases and 

7 the results of such test are made publicly 

8 available; 

9 (iii) the employer has provided the 

10 disclosure required under paragraph (2) 

11 with respect to such use of an automated 

12 decision system output; 

13 (iv) such use is designed for purposes 

14 of making such an employment-related de15 cision; 

16 (v) the employer independently cor17 roborates, via meaningful oversight by a 

18 human with appropriate and relevant expe19 rience, such automated decision system 

20 output; 

21 (vi) not later than 7 days after mak22 ing such an employment-related decision, 

23 the employer provides full, accessible, and 

24 meaningful documentation in plain lan25 guage to such covered individual (at no 


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1 cost to such covered individual) on the 

2 automated decision system output, includ3 ing— 

4 (I) a description of the auto5 mated decision system used to gen6 erate such automated decision system 

7 output; 

8 (II) a description and expla9 nation, in plain language, of the input 

10 data to such automated decision sys11 tem used to generate such automated 

12 decision system output and a ma13 chine-readable copy of such data; 

14 (III) a description and expla15 nation of how such automated deci16 sion system output was used in mak17 ing such employment-related decision; 

18 and 

19 (IV) the reasoning for the use of 

20 such automated decision system out21 put in such employment-related deci22 sion; and 

23 (vii) the employer enables the covered 

24 individual to, after receiving such docu25 mentation— 


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1 (I) dispute (in a manner that is 

2 accessible and equitable and does not 

3 pose an unreasonable burden on the 

4 covered individual) such automated 

5 decision system output to a human 

6 with appropriate and relevant experi7 ence; and 

8 (II) appeal such employment-re9 lated decision to a human with appro10 priate and relevant experience who is 

11 not the human for purposes of the 

12 corroboration under clause (v). 

13 (2) DISCLOSURE.— 

14 (A) IN GENERAL.—An employer that uses 

15 or intends to use an automated decision system 

16 output in making an employment-related deci17 sion with respect to a covered individual shall, 

18 in accordance with subparagraph (B), disclose 

19 to such covered individual— 

20 (i) that the employer uses or intends 

21 to use an automated decision system out22 put in making such an employment-related 

23 decision; 

24 (ii) a description and explanation of 

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1 tended to be used to generate such auto2 mated decision system output, including— 

3 (I) the types of data collected or 

4 intended to be collected as inputs to 

5 the automated decision system and 

6 the circumstances of such collection; 

7 (II) the characteristics that the 

8 automated decision system measures 

9 or is intended to measure, such as the 

10 knowledge, skills, or abilities of the 

11 covered individual; 

12 (III) how such characteristics re13 late or would relate to any function 

14 required for the work or potential 

15 work of the covered individual; 

16 (IV) how the system measures or 

17 is intended to measure such charac18 teristics; and 

19 (V) how the covered individual 

20 can interpret the automated decision 

21 system output in plain language; 

22 (iii) the identity of the individual or 

23 entity that operates the automated decision 

24 system that provides such an automated 

25 decision system output; 


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1 (iv) how the employer uses or intends 

2 to use such an automated decision system 

3 output in making such an employment-re4 lated decision; and 

5 (v) how the covered individual may 

6 dispute or appeal an employment-related 

7 decision made with respect to the covered 

8 individual using an automated decision sys9 tem output. 

10 (B) TIMING OF NOTICE.— 

11 (i) INITIAL DISCLOSURE.—An em12 ployer shall provide the disclosure required 

13 under subparagraph (A)— 

14 (I) in the case of a covered indi15 vidual for whom an employment-re16 lated decision with regard to the hir17 ing of the covered individual— 

18 (aa) was made before the 

19 date of enactment of this Act, to 

20 the covered individual not later 

21 than 30 days after such date of 

22 enactment; or 

23 (bb) is made on or after the 

24 date of enactment of this Act, to 

25 the covered individual, except as 


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1 provided in subclause (II), prior 

2 to making such employment-re3 lated decision; and 

4 (II) in the case of a candidate 

5 who applies to the employer on or 

6 after the date of enactment of this 

7 Act, prior to accepting an application 

8 by the candidate to be employed by, 

9 or otherwise perform work for remu10 neration for, the employer. 

11 (ii) SUBSEQUENT DISCLOSURES.—Not 

12 later than 30 days after any information 

13 provided by an employer to a covered indi14 vidual through a disclosure required under 

15 clause (ii) or (iv) of subparagraph (A) sig16 nificantly changes or after any significant 

17 new information required to be provided in 

18 such a disclosure becomes available, the 

19 employer shall provide the covered indi20 vidual with an updated disclosure. 

21 (3) TRAINING.—An employer that uses or in22 tends to use an automated decision system output in 

23 making an employment-related decision with respect 

24 to a covered individual shall train any individual or 

25 entity that operates the automated decision system 


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1 that provides such an automated decision system 

2 output or uses such automated decision system out3 put on the use of such system, including on— 

4 (A) the input information used by such 

5 automated decision system; 

6 (B) the appeals process for such an auto7 mated decision system output; 

8 (C) potential biases in automated decision 

9 systems; 

10 (D) any limitations of the automated deci11 sion system; 

12 (E) any potential adverse effects to covered 

13 individuals due to the automated decision sys14 tem; 

15 (F) any potential errors or problems re16 lated to the automated decision system; and 

17 (G) examples of inappropriate uses of the 

18 automated decision system. 

19 (b) MANAGEMENT BY AN AUTOMATED DECISION

20 SYSTEM.—An employer that manages a covered individual 

21 through an automated decision system shall enable the 

22 covered individual to opt out of such management and be 

23 managed through a human manager who is able to make 

24 employment-related decisions with respect to the covered 

25 individual. 


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1 SEC. 4. ESTABLISHMENT OF TECHNOLOGY AND WORKER 

2 PROTECTION DIVISION. 

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

5 Division. 

6 (b) ADMINISTRATOR OF THE TECHNOLOGY AND

7 WORKER PROTECTION DIVISION.—The President shall 

8 appoint an Administrator of the Technology and Worker 

9 Protection Division to head the Technology and Worker 

10 Protection Division. 

11 (c) EMPLOYEES AND ADVISORY BOARDS OF THE DI12 VISION.— 

13 (1) IN GENERAL.—The Administrator— 

14 (A) may select, appoint, and employ, with15 out regard to the provisions of sections 3309 

16 through 3318 of title 5, United States Code, in17 dividuals, including technologists, directly to po18 sitions in the competitive service, as defined in 

19 section 2102 of such title, to carry out the du20 ties of the Administrator under this Act; and 

21 (B) may fix the compensation of the indi22 viduals described in subparagraph (A) without 

23 regard to chapter 51 and subchapter III of 

24 chapter 53 of title 5, United States Code, relat25 ing to classification of positions and General 

26 Schedule pay rates, except that the rate of pay 


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1 for such individuals may not exceed the rate 

2 payable for level V of the Executive Schedule 

3 under section 5316 of that title. 

4 (2) ADVISORY BOARDS.— 

5 (A) ESTABLISHMENT.—The Administrator 

6 shall establish the following advisory boards to 

7 advise and consult with in the exercise of the 

8 functions of the Administrator under this Act 

9 and to provide information on emerging prac10 tices relating to the treatment of data by em11 ployers: 

12 (i) The User Advisory Board, which 

13 shall be comprised of experts in consumer 

14 protection, privacy, civil rights, disability 

15 rights, labor organizations, and ethics. 

16 (ii) The Research Advisory Board, 

17 which shall be comprised of individuals 

18 with academic and research expertise in 

19 privacy, cybersecurity, computer science, 

20 innovation, design, ethics, economics, civil 

21 rights law, disability law, labor organiza22 tions and public policy and representatives 

23 of labor organizations. 

24 (iii) The Product Advisory Board, 

25 which shall be comprised of technologists, 


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1 computer scientists, designers, product 

2 managers, attorneys, representatives of 

3 labor organizations, workplace technology 

4 experts, accessibility experts, and other 

5 representatives of employers and employ6 ees. 

7 (iv) The Labor Advisory Board, which 

8 shall be comprised of representatives of 

9 labor organizations and representatives of 

10 workers. 

11 (B) APPOINTMENTS.—The Administrator 

12 shall appoint members to the advisory boards 

13 established under subparagraph (A) without re14 gard to party affiliation. 

15 (C) MEETINGS.—Each advisory board es16 tablished under subparagraph (A) shall meet— 

17 (i) at the call of the Administrator; 

18 and 

19 (ii) not less than 2 times annually. 

20 (D) COMPENSATION AND TRAVEL EX21 PENSES.—A member of an advisory board es22 tablished under subparagraph (A) who is not an 

23 officer or employee of the Federal Government 

24 shall— 


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1 (i) be entitled to receive compensation 

2 at a rate fixed by the Administrator while 

3 attending meetings of the advisory board, 

4 including travel time; and 

5 (ii) receive travel expenses, including 

6 per diem in lieu of subsistence, in accord7 ance with applicable provisions under sub8 chapter I of chapter 57 of title 5, United 

9 States Code. 

10 (E) EXEMPTION FROM THE FEDERAL AD11 VISORY COMMITTEE ACT.—Each advisory board 

12 established under subparagraph (A) shall be ex13 empt from chapter 10 of title 5, United States 

14 Code. 

15 (3) USE OF VOLUNTARY SERVICES.—The Ad16 ministrator may, as may from time to time be need17 ed, use any voluntary or uncompensated services. 

18 (4) ATTORNEYS.—Attorneys appointed under 

19 this subsection may appear for and represent the 

20 Administrator in any litigation. 

21 (d) OFFICES.— 

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

23 Technology and Worker Protection Division shall be 

24 in the District of Columbia. 


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

2 The Administrator may establish regional, local, or 

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

4 Francisco, California or the San Francisco Bay area 

5 in California. 

6 SEC. 5. REGULATIONS. 

7 (a) IN GENERAL.— 

8 (1) AUTHORITY.— 

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

10 paragraph (2), the Secretary, acting through 

11 the Administrator, may prescribe such regula12 tions as may be necessary to carry out this Act 

13 with respect to covered individuals described in 

14 section 2(4)(A) (other than covered individuals 

15 described in clauses (iii) through (v) of such 

16 section) and other individuals affected by em17 ployers described in subclause (I) or (II) of sec18 tion 2(6)(A)(i), including individuals who are 

19 covered individuals described in section 2(4)(B) 

20 with respect to such employers. 

21 (B) CONSULTATION.—In prescribing any 

22 regulations authorized under this paragraph, 

23 the Secretary, acting through the Adminis24 trator, may consult with— 


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1 (i) Federal agencies that have juris2 diction over Federal privacy laws or exper3 tise in privacy, including the Federal 

4 Trade Commission; 

5 (ii) Federal agencies that have juris6 diction over labor and employment issues, 

7 including the Equal Employment Oppor8 tunity Commission, the National Science 

9 Foundation, and the National Labor Rela10 tions Board; and 

11 (iii) any other Federal agencies with 

12 relevant expertise, including the United 

13 States Access Board and the Office of 

14 Science and Technology Policy. 

15 (2) GOVERNMENT ACCOUNTABILITY OFFICE; LI16 BRARY OF CONGRESS.—The Comptroller General of 

17 the United States and the Librarian of Congress 

18 shall prescribe any regulations described in para19 graph (1)(A) with respect to covered individuals of 

20 the Government Accountability Office and the Li21 brary of Congress, respectively, and other individuals 

22 affected by the Comptroller General of the United 

23 States and the Librarian of Congress, respectively. 

24 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC25 COUNTABILITY ACT OF 1995.— 


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

2 the Secretary prescribes any regulation under sub3 section (a)(1)(A), the Board of Directors of the Of4 fice of Compliance shall prescribe (in accordance 

5 with section 304 of the Congressional Accountability 

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

7 may be necessary to carry out this Act with respect 

8 to covered individuals described in section 

9 2(4)(A)(iii) and other individuals affected by em10 ployers described in section 2(6)(A)(i)(III), including 

11 individuals who are covered individuals described in 

12 section 2(4)(B) with respect to such employers. 

13 (2) AGENCY REGULATIONS.—The regulations 

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

15 substantive regulations promulgated by the Sec16 retary under subsection (a)(1)(A) except insofar as 

17 the Board may determine, for good cause shown and 

18 stated together with the regulations prescribed 

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

20 regulations would be more effective for the imple21 mentation of the rights and protections involved 

22 under this section. 

23 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

24 3, UNITED STATES CODE.— 


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

2 the Secretary prescribes any regulation under sub3 section (a)(1)(A), the President (or the designee of 

4 the President) shall prescribe such regulations as 

5 may be necessary to carry out this Act with respect 

6 to covered individuals described in section 

7 2(4)(A)(iv) and other individuals affected by employ8 ers described in section 2(6)(A)(i)(IV), including in9 dividuals who are covered individuals described in 

10 section 2(4)(B) with respect to such employers. 

11 (2) AGENCY REGULATIONS.—The regulations 

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

13 substantive regulations promulgated by the Sec14 retary under subsection (a)(1)(A) except insofar as 

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

16 cause shown and stated together with the regula17 tions prescribed under paragraph (1), that a modi18 fication of such regulations would be more effective 

19 for the implementation of the rights and protections 

20 involved under this section. 

21 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

22 5, UNITED STATES CODE.— 

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

24 the Secretary prescribes any regulation under sub25 section (a)(1)(A), the Director of the Office of PerVerDate Sep 11 2014 18:53 Mar 20, 2024 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H7621.IH H7621

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1 sonnel Management shall prescribe such regulations 

2 as may be necessary to carry out this Act with re3 spect to covered individuals described in section 

4 2(4)(A)(v) and other individuals affected by employ5 ers described in section 2(6)(A)(i)(V), including indi6 viduals who are covered individuals described in sec7 tion 2(4)(B) with respect to such employers. 

8 (2) AGENCY REGULATIONS.—The regulations 

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

10 substantive regulations promulgated by the Sec11 retary under subsection (a)(1)(A) except insofar as 

12 the Director may determine, for good cause shown 

13 and stated together with the regulations prescribed 

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

15 regulations would be more effective for the imple16 mentation of the rights and protections involved 

17 under this section. 

18 SEC. 6. WHISTLEBLOWER PROTECTIONS. 

19 No employer shall discriminate or retaliate (including 

20 through intimidation, threats, coercion, or harassment) 

21 against any covered individual of the employer— 

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

23 any right provided under this Act; or 


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1 (2) because the covered individual (or another 

2 individual acting at the request of the covered indi3 vidual) has— 

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

5 employer or a Federal, State, or local govern6 ment entity of a violation of section 3; 

7 (B) sought assistance or intervention with 

8 respect to a worker privacy-related concern 

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

10 government, or a worker representative; 

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

12 otherwise participated in any inquiry or pro13 ceeding under or related to this Act; 

14 (D) given, or is about to give, any informa15 tion in connection with any inquiry or pro16 ceeding relating to any right provided under 

17 this Act; or 

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

19 inquiry or proceeding relating to any right pro20 vided under this Act. 

21 SEC. 7. ENFORCEMENT. 

22 (a) IN GENERAL.— 

23 (1) DEFINITION.—For purposes of this sub24 section: 


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1 (A) COVERED INDIVIDUAL.—The term 

2 ‘‘covered individual’’ means a covered indi3 vidual— 

4 (i) described in section 2(4)(A) (other 

5 than covered individuals described in 

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

7 (ii) described in section 2(4)(B) with 

8 respect to an employer. 

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

10 means an employer described in subclause (I) 

11 or (II) of section 2(6)(A)(i). 

12 (2) ENFORCEMENT BY THE TECHNOLOGY AND

13 WORKER PROTECTION DIVISION.— 

14 (A) INVESTIGATION.— 

15 (i) IN GENERAL.—To ensure compli16 ance with the provisions of this Act, or any 

17 regulation or order issued under this Act, 

18 the Secretary, acting through the Adminis19 trator— 

20 (I) may investigate and gather 

21 data regarding the wages, hours, and 

22 other conditions and practices of em23 ployment in any industry subject to 

24 this Act, and may enter and inspect 

25 any place or record (and make such 


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1 transcriptions thereof), question any 

2 covered individual, and investigate any 

3 facts, conditions, practices, or matters 

4 as the Secretary may deem necessary 

5 or appropriate to determine whether 

6 an employer has violated any provi7 sion of this Act, or which may aid in 

8 the enforcement of the provisions of 

9 this Act; and 

10 (II) may require, by general or 

11 special orders, an employer, to file 

12 with the Secretary, in such form as 

13 the Secretary may prescribe, annual 

14 or special reports or answers in writ15 ing to specific questions, furnishing to 

16 the Secretary such information or 

17 records as the Secretary may require 

18 as to the organization, business, con19 duct, practices, management, and re20 lation to other corporations, partner21 ships, and individuals, of the em22 ployer. 

23 (ii) REPORTS AND ANSWERS.—An em24 ployer shall file the reports and answers 

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1 quired under clause (i)(II) in such manner, 

2 including under oath or otherwise, and 

3 within such reasonable time period as the 

4 Secretary may require. 

5 (iii) JOINT INVESTIGATIONS.—The 

6 Secretary, acting through the Adminis7 trator, may conduct investigations and 

8 make requests for information, as author9 ized under this Act, on a joint basis with 

10 another Federal agency, a State attorney 

11 general, or a State agency. 

12 (iv) OBLIGATION TO KEEP, PRESERVE, 

13 AND MAKE AVAILABLE RECORDS.—An em14 ployer shall make, keep, preserve, and 

15 make available to the Secretary records 

16 pertaining to compliance with this Act in 

17 accordance with section 11(c) of the Fair 

18 Labor Standards Act of 1938 (29 U.S.C. 

19 211(c)) and in accordance with any regula20 tion or order issued by the Secretary. 

21 (B) ENFORCEMENT.—With respect to em22 ployers and covered individuals, the Secretary, 

23 acting through the Administrator, shall receive, 

24 investigate, and attempt to resolve complaints 

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1 ner that the Secretary receives, investigates, 

2 and attempts to resolve complaints of violations 

3 of sections 6 and 7 of the Fair Labor Stand4 ards Act of 1938 (29 U.S.C. 206 and 207). 

5 (C) REFERRAL FOR CRIMINAL PRO6 CEEDINGS.—If the Secretary, in the course of 

7 the performance of any act or duty under this 

8 Act, obtains evidence that any employer has en9 gaged in conduct that may constitute a viola10 tion of Federal criminal law, the Secretary shall 

11 refer the matter to the Attorney General for 

12 prosecution under any applicable law. Nothing 

13 in this paragraph shall affect any other author14 ity of the Secretary to disclose information. 

15 (D) LITIGATION.—The Solicitor of Labor 

16 may appear for and represent the Secretary on 

17 any litigation brought under this subsection. 

18 (3) PRIVATE RIGHT OF ACTION.— 

19 (A) IN GENERAL.— 

20 (i) COVERED INDIVIDUAL.—Notwith21 standing any action by the Secretary under 

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

23 adversely affected by an alleged violation of 

24 section 3 or 6, may commence a civil ac25 tion against any person that violates such 


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1 section in any Federal court of competent 

2 jurisdiction. 

3 (ii) LABOR ORGANIZATION.—Notwith4 standing any action by the Secretary under 

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

6 adversely affected by an alleged violation of 

7 3 or 6 may commence a civil action against 

8 any person that violates such section in 

9 any Federal court of competent jurisdic10 tion. 

11 (B) RELIEF.— 

12 (i) IN GENERAL.—In a civil action 

13 brought under subparagraph (A) in which 

14 the covered individual or labor organization 

15 prevails, the court may award the covered 

16 individual or labor organization— 

17 (I) damages of— 

18 (aa) an amount equal to the 

19 sum of any actual damages sus20 tained by the covered individual; 

21 or 

22 (bb) not more than treble 

23 damages; 

24 (II) statutory damages described 

25 in clause (iv); 


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1 (III) injunctive relief; and 

2 (IV) equitable relief. 

3 (ii) ATTORNEY’S FEES.—In a civil ac4 tion brought under subparagraph (A) in 

5 which the covered individual or labor orga6 nization prevails, the court shall award the 

7 covered individual or labor organization 

8 reasonable attorney’s fees and litigation 

9 costs. 

10 (iii) TEMPORARY RELIEF FOR WHIS11 TLEBLOWERS.—In a civil action brought 

12 under subparagraph (A) regarding a viola13 tion of section 6, the court may award the 

14 covered individual or labor organization 

15 temporary relief while the case is pending, 

16 including reinstatement. 

17 (iv) STATUTORY DAMAGES.—The 

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

19 award statutory damages under clause 

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

21 amounts: 

22 (I) USING AN AUTOMATED DECI23 SION SYSTEM FOR PROHIBITED AC24 TIVITIES.—For each violation of sec25 tion 3 by an employer with respect to 


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1 a covered individual, the court may, 

2 subject to clause (vi), award— 

3 (aa) damages of an amount 

4 not less than $5,000 and not 

5 more than $20,000; or 

6 (bb) for any willful or re7 peated violation by the employer, 

8 damages of an amount not less 

9 than $10,000 and not more than 

10 $40,000. 

11 (II) RETALIATION ON WHISTLE12 BLOWERS.—For each violation of sec13 tion 6, the court may, subject to 

14 clause (vi), award— 

15 (aa) damages of an amount 

16 not less than $5,000 and not 

17 more than $50,000; or 

18 (bb) for any willful or re19 peated violation, damages of an 

20 amount not less than $10,000 

21 and not more than $100,000. 

22 (v) CONSIDERATIONS FOR STATUTORY

23 DAMAGES.—In determining the amount of 

24 statutory damages assessed under clause 

25 (iv), the court shall consider any relevant 


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1 circumstances presented by the parties to 

2 the action, including— 

3 (I) the nature and seriousness of 

4 the violation; 

5 (II) the number of violations; 

6 (III) the persistence of the mis7 conduct; 

8 (IV) the length of time over 

9 which the misconduct occurred; 

10 (V) the willfulness of the mis11 conduct of the employer; and 

12 (VI) the assets, liabilities, and 

13 net worth of the employer. 

14 (vi) ADJUSTMENT FOR INFLATION.— 

15 The dollar amounts referred to subclauses 

16 (I) and (II) of clause (iv) shall be in17 creased annually, for fiscal year 2025 and 

18 every fiscal year thereafter, by the percent 

19 increase, if any, in the consumer price 

20 index for all urban consumers for the most 

21 recent 12-month period for which applica22 ble data is available. 

23 (C) RIGHTS OF THE SECRETARY AND A

24 STATE ATTORNEY GENERAL.—Prior to an cov25 ered individual or labor organization bringing a 


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1 civil action under subparagraph (A), such cov2 ered individual or labor organization shall, in 

3 writing, notify the Secretary and any relevant 

4 State attorney general of the intent to com5 mence such civil action. Upon receiving such 

6 notice, the Secretary and State attorney general 

7 shall each, not later than 60 days after receiv8 ing such notice— 

9 (i) determine whether to intervene in 

10 such action and, upon intervening— 

11 (I) be heard on all matters aris12 ing in such action; and 

13 (II) file petitions for appeal of a 

14 decision in such action; and 

15 (ii) notify such covered individual or 

16 labor organization. 

17 (D) REMEDIES FOR STATE EMPLOYEES.— 

18 (i) WAIVER OF SOVEREIGN IMMU19 NITY.—A State’s receipt or use of Federal 

20 financial assistance for any program or ac21 tivity of a State shall constitute a waiver 

22 of sovereign immunity, under the 11th 

23 Amendment to the Constitution of the 

24 United States or otherwise, to a suit 

25 brought by a covered individual of that 


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1 program or activity, or a labor organiza2 tion representing such a covered individual, 

3 under this paragraph for equitable, legal, 

4 or other relief authorized under this para5 graph. 

6 (ii) OFFICIAL CAPACITY.—An official 

7 of a State may be sued in the official ca8 pacity of the official by any covered indi9 vidual or such a labor organization who 

10 has complied with the procedures under 

11 this paragraph, for injunctive relief that is 

12 authorized under this paragraph. In such a 

13 suit the court may award to the prevailing 

14 party those costs authorized by section 722 

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

16 (iii) APPLICABILITY.—With respect to 

17 a particular program or activity, clause (i) 

18 applies to conduct that occurs— 

19 (I) after the date of enactment of 

20 this Act; and 

21 (II) on or after the day on which 

22 a State first receives or uses Federal 

23 financial assistance for that program 

24 or activity. 


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1 (iv) DEFINITION OF PROGRAM OR AC2 TIVITY.—In this subparagraph, the term 

3 ‘‘program or activity’’ has the meaning 

4 given the term in section 606 of the Civil 

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

6 (E) REMEDIES FOR TRIBAL GOVERNMENT

7 EMPLOYEES.— 

8 (i) WAIVER OF SOVEREIGN IMMU9 NITY.—A Tribal government’s receipt or 

10 use of Federal financial assistance for any 

11 program or activity of the Tribal govern12 ment shall constitute a waiver of sovereign 

13 immunity to a suit brought by a covered 

14 individual of that program or activity, or a 

15 labor organization representing such a cov16 ered individual, under this paragraph for 

17 equitable, legal, or other relief authorized 

18 under this paragraph. 

19 (ii) OFFICIAL CAPACITY.—An official 

20 of a Tribal government may be sued in the 

21 official capacity of the official by any cov22 ered individual or such a labor organiza23 tion who has complied with the procedures 

24 under this paragraph for injunctive relief 

25 that is authorized under this paragraph. In 


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1 such a suit the court may award to the 

2 prevailing party those costs authorized by 

3 section 722 of the Revised Statutes (42 

4 U.S.C. 1988). 

5 (iii) APPLICABILITY.—With respect to 

6 a particular program or activity, clause (i) 

7 applies to conduct that occurs— 

8 (I) after the date of enactment of 

9 this Act; and 

10 (II) on or after the day on which 

11 a Tribal government first receives or 

12 uses Federal financial assistance for 

13 that program or activity. 

14 (iv) DEFINITION OF PROGRAM OR AC15 TIVITY.—In this subparagraph, the term 

16 ‘‘program or activity’’ has the meaning 

17 given the term in section 606 of the Civil 

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

19 (4) ENFORCEMENT BY THE GOVERNMENT AC20 COUNTABILITY OFFICE AND LIBRARY OF CON21 GRESS.—Notwithstanding any other provision of this 

22 subsection, in the case of the Government Account23 ability Office and the Library of Congress, the au24 thority of the Secretary under this subsection shall 

25 be exercised respectively by the Comptroller General 


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1 of the United States and the Librarian of Congress, 

2 respectively. 

3 (b) EMPLOYEES COVERED BY CONGRESSIONAL AC4 COUNTABILITY ACT OF 1995.—The powers, remedies, and 

5 procedures provided in the Congressional Accountability 

6 Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de7 fined in section 101 of that Act (2 U.S.C. 1301)), or any 

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

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

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

11 person, with regard to an allegation of a violation of sec12 tion 3 or 6 against a covered individual described in sec13 tion 2(4)(A)(iii) or described in section 2(4)(B) with re14 spect to an employer described in section 2(6)(A)(i)(III). 

15 (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE

16 3, UNITED STATES CODE.—The powers, remedies, and 

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

18 Code, to the President, the Merit Systems Protection 

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

20 412(a)(1) of that title, shall be the powers, remedies, and 

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

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

23 of a violation of section 3 or 6 against a covered individual 

24 described in section 2(4)(A)(iv) or described in section 


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1 2(4)(B) with respect to an employer described in section 

2 2(6)(A)(i)(IV). 

3 (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE

4 5, UNITED STATES CODE.—The powers, remedies, and 

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

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

7 the Merit Systems Protection Board, or provided in that 

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

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

10 this Act provides to that agency, that Board, or any per11 son, respectively, with regard to an allegation of a viola12 tion of section 3 or 6 against a covered individual de13 scribed in section 2(4)(A)(v) or described in section 

14 2(4)(B) with respect to an employer described in section 

15 2(6)(A)(i)(V). 

16 (e) ENFORCEMENT BY STATES.— 

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

18 attorney general or a State privacy regulator has 

19 reason to believe that an interest of the residents of 

20 a State has been or is adversely affected by any per21 son who violates any provision of section 3 or 6, in22 cluding a regulation or order prescribed under this 

23 Act, the State attorney general or State privacy reg24 ulator, as parens patriae, may bring a civil action on 

25 behalf of the residents of the State in an appropriate 


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1 State court or an appropriate district court of the 

2 United States to— 

3 (A) enjoin further violation of such provi4 sion by the person; 

5 (B) compel compliance with such provision; 

6 (C) obtain damages (including statutory 

7 damages described in paragraph (4)), civil pen8 alties, restitution, or other compensation on be9 half of the residents of the State; or 

10 (D) obtain reasonable attorney’s fees and 

11 other litigation costs reasonably incurred. 

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

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

14 general or State privacy regulator, as the case may 

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

16 action. Upon receiving such notice, the Secretary 

17 may— 

18 (A) intervene in such action; and 

19 (B) upon intervening— 

20 (i) be heard on all matters arising in 

21 such civil action; and 

22 (ii) file petitions for appeal of a deci23 sion in such action. 

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

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1 half of the Secretary for violation of this Act or a 

2 regulation promulgated under this Act, a State at3 torney general or State privacy regulator may not, 

4 during the pendency of such action, institute a civil 

5 action against any defendant named in the com6 plaint in the action instituted by or on behalf of the 

7 Secretary for a violation that is alleged in such com8 plaint. In a case brought by the Secretary that af9 fects the interests of a State, the State attorney gen10 eral or State privacy regulator may intervene as of 

11 right pursuant to the Federal Rules of Civil Proce12 dure. 

13 (4) STATUTORY DAMAGES.—In a civil action in14 stituted under paragraph (1), a court may award 

15 statutory damages under paragraph (1)(C) against a 

16 person for a violation of any provision of section 3 

17 or 6— 

18 (A) in an amount not more than $50,000 

19 for each such violation; or 

20 (B) in the case of such a violation that re21 sults in the discharge of an employee or other 

22 serious economic harm to an employee by such 

23 a person who has, within the preceding 5 years, 

24 committed another such violation resulting in 

25 such a discharge or other serious economic 


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1 harm, not more than $100,000 for each such 

2 violation. 

3 (5) PRESERVATION OF STATE POWERS.—Ex4 cept as provided in paragraph (3), no provision of 

5 this subsection shall be construed as altering, lim6 iting, or affecting the authority of a State attorney 

7 general or State privacy regulator to— 

8 (A) bring an action or other regulatory 

9 proceeding arising solely under the laws in ef10 fect in that State; or 

11 (B) exercise the powers conferred on the 

12 State attorney general or State privacy regu13 lator by the laws of the State, including the 

14 ability to conduct investigations, administer 

15 oaths or affirmations, or compel the attendance 

16 of witnesses or the production of documentary 

17 or other evidence. 

18 (f) ARBITRATION AND CLASS ACTION.—Notwith19 standing any other provision of law, no predispute arbitra20 tion agreement or predispute joint-action waiver shall be 

21 valid or enforceable with respect to any alleged violation 

22 of section 3 or 6. 

23 SEC. 8. COORDINATION. 

24 In carrying out this Act, the Secretary, acting 

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1 propriate Federal agency or State regulator to promote 

2 consistent regulatory treatment of automated decision sys3 tems. 

4 SEC. 9. RELATION TO OTHER LAWS. 

5 Except as explicitly provided otherwise in this Act, 

6 nothing in this Act shall be construed to preempt, modify, 

7 limit, or supersede— 

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

9 (2) the authority of the Federal Trade Commis10 sion, Equal Employment Opportunity Commission, 

11 National Labor Relations Board, or any other Fed12 eral agency. 

13 SEC. 10. SEVERABILITY. 

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

15 provision to any person or circumstance is held to be un16 constitutional, the remainder of this Act and the applica17 tion of the provisions of such to all other persons or cir18 cumstances shall not be affected thereby. 

Æ 


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