I

103D CONGRESS

1ST SESSION H. R. 1900

To prevent abuses of electronic monitoring in the workplace.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1993

Mr. WILLIAMS (for himself, Mr. FORD of Michigan, Mr. CLAY, Mr. MILLER

of California, Mr. MURPHY, Mr. KILDEE, Mr. OWENS, Mr. SAWYER, Mr.

EDWARDS of California, Mr. BERMAN, Mr. WASHINGTON, Mr. PASTOR,

Mr. SOLOMON, and Mr. SHAYS) introduced the following bill; which was

referred to the Committee on Education and Labor

JUNE 23, 1993

Additional sponsors: Mr. STOKES, Mr. DELLUMS, Mr. WHEAT, Mr. BROWDER,

Mr. STARK, Mrs. CLAYTON, Mr. LIPINSKI, Mr. HOCHBRUECKNER, Mrs.

UNSOELD, Ms. PELOSI, Mr. VENTO, Mr. WAXMAN, Mr. FILNER, Mr. ROMERO-BARCELO ́, Mr. SCHIFF, Ms. WOOLSEY, Mr. SKAGGS, Mr. MINETA,

Mr. SPRATT, Mr. SANGMEISTER, Mr. BONIOR, Mr. TRAFICANT, Mr.

MATSUI, Mr. RAVENEL, Mr. STUPAK, Mr. SPENCE, Mr. PARKER, Mr.

SLATTERY, Mr. DERRICK, Mr. BOEHLERT, Mr. VOLKMER, Mr. INGLIS of

South Carolina, Mr. DARDEN, Mr. DURBIN, Mr. SCOTT, Mr. BEILENSON,

Mr. YATES, Mr. FISH, Mr. CLYBURN, Mr. GONZALEZ, Mr. BROWN of

Ohio, Mrs. MINK, Mr. OLVER, and Ms. VELA ́ZQUEZ

Deleted sponsor: Ms. ENGLISH of Arizona (added May 6, 1993; deleted June

18, 1993)

SEPTEMBER 14, 1993

Additional sponsors: Mr. GLICKMAN, Mr. SABO, Ms. NORTON, Mr.

MCDERMOTT, Mr. HAMBURG, Mr. BECERRA, Mr. GENE GREEN of Texas,

Mr. SCHUMER, Mr. FOGLIETTA, Mr. DE LUGO, Mr. SERRANO, Mr. APPLEGATE, Mr. EVANS, Mr. FINGERHUT, Mr. PALLONE, Mr. PRICE of

North Carolina, Mrs. LOWEY, Mr. RANGEL, Mr. DEFAZIO, Mr. FROST,

Mr. SYNAR, Mr. TORRES, Mr. MCCURDY, Mr. OBERSTAR, Ms. KAPTUR,

Mr. WILSON, Mr. KOPETSKI, Mr. FAZIO, Mrs. MALONEY, Mr. MCCLOSKEY, Mr. BACCHUS of Florida, Mr. GEPHARDT, Mr. NEAL of Massachusetts, Mr. JEFFERSON, Mr. BORSKI, Mrs. SCHROEDER, Mr. PETERSON

of Minnesota, Mr. ACKERMAN, Mr. COOPER, Miss COLLINS of Michigan,

Mr. ENGLISH of Oklahoma, Ms. BYRNE, Mr. KREIDLER, Mr. SANDERS,

Mr. CRAMER, Mr. TOWNS, Mr. BRYANT, Mr. DEUTSCH, Mr. GEJDENSON,
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Ms. ROYBAL-ALLARD, Mr. PENNY, Mr. STUDDS, Mr. RUSH, Ms. ESHOO,

Mr. MINGE, Mr. COSTELLO, Mr. COLEMAN, and Mr. HAMILTON

A BILL

To prevent abuses of electronic monitoring in the workplace.

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 ‘‘Privacy for Consumers

5 and Workers Act’’.

6 SEC. 2. DEFINITIONS.

7 As used in this Act:

8 (1) ELECTRONIC MONITORING.—

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

10 subparagraph (C), the term ‘‘electronic mon11 itoring’’ means the collection, storage, analysis,

12 or reporting of information concerning an em13 ployee’s activities by means of a computer, elec14 tronic observation and supervision, telephone

15 service observation, telephone call accounting,

16 or other form of visual, auditory, or computer17 based technology which is conducted by any

18 method other than direct observation by an19 other person, including the following methods:

20 Transfer of signs, signals, writing, images,
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1 sounds, data, or intelligence of any nature

2 which are transmitted in whole or in part by a

3 wire, radio, electromagnetic, photoelectronic, or

4 photo-optical system.

5 (B) TELEPHONE CALL ACCOUNTING.—For

6 purposes of subparagraph (A), the term ‘‘tele7 phone call accounting’’ means the practice of

8 recording the telephone numbers called by a

9 specific telephone or group of telephones, in10 cluding—

11 (i) the telephone number from which

12 a call is being made,

13 (ii) the telephone number which is

14 being called,

15 (iii) the time when the telephone call

16 was connected,

17 (iv) the time when the telephone call

18 was completed, and

19 (v) identification of the operator, if

20 any, who assisted in placing the telephone

21 call,

22 for the purpose of individual employee evaluations or

23 the setting of production quotas or work perform24 ance expectations.
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1 (C) EXCLUSION.—The term ‘‘electronic

2 monitoring’’ does not include—

3 (i) wiretapping, or

4 (ii) the electronic transfer of—

5 (I) payroll data,

6 (II) insurance and other benefit

7 data,

8 (III) employee job application

9 data, or

10 (IV) other personnel-related data

11 which an employer may collect under

12 section 5(a),

13 for administrative purposes only.

14 (2) EMPLOYEE.—The term ‘‘employee’’ means

15 any current, former, or leased employee of an em16 ployer.

17 (3) EMPLOYER.—The term ‘‘employer’’ means

18 any person who—

19 (A) is engaged in commerce, and

20 (B) who employs employees,

21 and includes any individual, corporation, partner22 ship, labor organization, unincorporated association,

23 or any other legal business, the Federal Government,

24 any State (or political subdivision thereof), and any

25 agent of the employer.
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1 (4) PERSONAL DATA.—The term ‘‘personal

2 data’’ means any information concerning an em3 ployee which, because of name, identifying number,

4 mark, or description, can be readily associated with

5 a particular individual, and such term includes infor6 mation contained in printouts, forms, or written

7 analyses or evaluations.

8 (5) PROSPECTIVE EMPLOYEE.—The term ‘‘pro9 spective employee’’ means an individual who has ap10 plied for a position of employment with an employer.

11 (6) TELEPHONE SERVICE OBSERVATION.—The

12 term ‘‘telephone service observation’’ means the

13 practice of listening to or recording telephone calls

14 being made by, or received by, an employee in order

15 to monitor the quality of service provided by the

16 employee.

17 (7) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Labor.

19 SEC. 3. GENERAL REQUIREMENTS.

20 (a) ENGAGING IN ELECTRONIC MONITORING.—An

21 employer may engage in electronic monitoring of the em22 ployer’s employees if—

23 (1) the employer provides the notices required

24 by section 4,
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1 (2) if section 5 applies, the employer complies

2 with the requirements of such section,

3 (3) the employer complies with section 9, and

4 (4) the employer does not violate section 11.

5 (b) REVIEW AND USE.—An employer may review

6 data obtained by electronic monitoring of the employer’s

7 employees if the employer meets the requirements of sec8 tion 6 and may use such data if the employer meets the

9 requirements of section 8.

10 SEC. 4. NOTICE REQUIREMENTS.

11 (a) SECRETARY’S NOTICE.—The Secretary shall pre12 pare, have printed, and distribute to employers a notice

13 which will inform employees—

14 (1) that an employer engages in or may engage

15 in electronic monitoring of employees and specifies

16 the circumstances (including the monitoring and ex17 ception described in section 5) under which an em18 ployee is or is not entitled to additional notice under

19 this section, and

20 (2) of the rights and protections provided to

21 employees by this Act.

22 Each employer who engages in electronic monitoring shall

23 post and maintain such notice in conspicuous places on

24 its premises where notices to employees are customarily

25 posted.
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1 (b) EMPLOYER’S SPECIFIC NOTICE.—Each employer

2 shall provide to each employee who will be electronically

3 monitored with prior written notice describing the follow4 ing regarding the electronic monitoring of such employee:

5 (1) The forms of electronic monitoring to be

6 used.

7 (2) The personal data to be collected.

8 (3) The hours and days per week that electronic

9 monitoring will occur.

10 (4) The use to be made of personal data col11 lected.

12 (5) Interpretation of printouts of statistics or

13 other records of information collected through elec14 tronic monitoring if the interpretation affects the

15 employees.

16 (6) Existing production standards and work

17 performance expectations.

18 (7) Methods for determining production stand19 ards and work performance expectations based on

20 electronic monitoring statistics if the methods affect

21 the employees.

22 The notice required by this subsection shall also include

23 a description of the monitoring and the exception which

24 is authorized under section 5(c)(1) to be undertaken with25 out providing such notice.
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1 (c) EMPLOYER’S NOTICE TO PROSPECTIVE EMPLOY2 EES.—

3 (1) IN GENERAL.—Each employer shall notify a

4 prospective employee at the first personal interview

5 of existing forms of electronic monitoring conducted

6 by the employer which may affect the prospective

7 employee if such employee is hired by the employer.

8 (2) SPECIFIC NOTICE.—Each employer, upon

9 request by a prospective employee or when the em10 ployer offers employment to a prospective employee,

11 shall provide the prospective employee with the writ12 ten notice described in subsection (b).

13 (d) CUSTOMER NOTICE.—Employers who engage in

14 the practice of telephone service observation shall inform

15 customers who may be subject to such observation of such

16 practice in any recorded message used in connection with

17 customer telephone calls. If the employer does not use

18 such a recorded message, the employer shall prominently

19 place in each of its customer bills a statement that the

20 employer is engaging in such practice.

21 (e) PUBLIC NOTICE.—If an employer engages in elec22 tronic monitoring which may include members of the pub23 lic who are not employees of the employer, the employer

24 shall notify such individuals of such monitoring. Such no25 tice may take the form that is reasonably calculated to
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1 reach members of the public who may be affected by such

2 monitoring.

3 SEC. 5. PERIODIC OR RANDOM ELECTRONIC MONITORING.

4 (a) GENERAL RULE.—No employer may engage in

5 electronic monitoring of any of the employer’s employees

6 on a periodic or random basis except as authorized by sub7 section (b).

8 (b) AUTHORITY.—

9 (1) NEW EMPLOYEES.—An employer may en10 gage in random and periodic monitoring of an em11 ployee of such employer if the cumulative total pe12 riod of such employee’s employment is not more

13 than 60 days.

14 (2) OTHER EMPLOYEES.—An employer may not

15 engage in random and periodic monitoring of an em16 ployee with a cumulative employment period with

17 such employer of at least 5 years.

18 (3) WORK GROUPS.—An employer may engage

19 in electronic monitoring of an employee of such em20 ployer who has a cumulative employment period with

21 such employer of less than 5 years and who is in a

22 work group of employees on a periodic or random

23 basis for not more than 2 hours in any week. Except

24 as provided in subsection (c), the section 4(b) notice

25 to each employee within such work group for such
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1 monitoring shall be provided at least 24 hours but

2 not more than 72 hours before engaging in such

3 monitoring. For purposes of this subsection, the

4 term ‘‘work group’’ means a group of employees em5 ployed in a single facility and engaged in substan6 tially similar work at a common time and in physical

7 proximity to each other.

8 (c) EXCEPTION TO NOTICE REQUIREMENT.—

9 (1) IN GENERAL.—Subject to paragraph (2), if

10 an employer has a reasonable suspicion that any em11 ployee is engaged in conduct which—

12 (A) violates criminal or civil law or con13 stitutes willful gross misconduct, and

14 (B) adversely affects the employer’s inter15 ests or the interests of such employer’s employ16 ees,

17 the employer may engage, on the employer’s work18 site, in electronic monitoring of such employee or of

19 an area in which the actions described in subpara20 graphs (A) and (B) occur without providing the no21 tice required by section 4(b) and without regard to

22 subsection (a) or (b) of section 9.

23 (2) STATEMENT.—Before engaging in the elec24 tronic monitoring described in paragraph (1), an

25 employer shall execute a statement setting forth—
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1 (A) with particularity the conduct which is

2 being monitored and the basis for the monitor3 ing, and

4 (B) an identification of the specific eco5 nomic loss or injury to the business of the em6 ployer resulting from such conduct or the injury

7 to the interests of such employer’s employees.

8 The employer shall sign the statement and retain it

9 for 3 years from the date the monitoring began or

10 until judgment is rendered in an action brought

11 under section 12(c) by an employee affected by such

12 monitoring, whichever is later.

13 SEC. 6. REVIEW OF CONTINUOUS ELECTRONIC MONITOR14 ING.

15 (a) REVIEW DURING MONITORING.—

16 (1) IN GENERAL.—Except as provided in para17 graph (2), no employer may review data, obtained by

18 continuous electronic monitoring of the employer’s

19 employees, on a periodic or random basis.

20 (2) EXCEPTION.—The following are not subject

21 to paragraph (1):

22 (A) the review by an employer of electronic

23 data obtained from the use of an electronic card

24 system,
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1 (B) the review of electronic data obtained

2 from video monitoring (with or without an

3 audio track) which is used to deter crime by

4 persons and to provide evidence to law enforce5 ment personnel, and

6 (C) the review of data which is continu7 ously monitored by an employer and which ap8 pears simultaneously on multiple television

9 screens or sequentially on a single screen.

10 (b) REVIEW AFTER MONITORING.—An employer may

11 review data obtained by continuous electronic monitoring

12 of the employer’s employees after the monitoring was com13 pleted only if review was limited to specific data which

14 the employer has reason to believe contains information

15 relevant to an employee’s work.

16 SEC. 7. EMPLOYEE REVIEW OF RECORDS.

17 (a) IN GENERAL.—Except as provided in subsection

18 (b), each employer shall provide an employee (or the em19 ployee’s authorized agent) with a reasonable opportunity

20 to review all personal data obtained by electronic monitor21 ing of the employee.

22 (b) EXCEPTION.—

23 (1) IN GENERAL.—Except as provided in para24 graph (2), an employer is not required to provide an

25 employee a reasonable opportunity to review data
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1 which are obtained by electronic monitoring de2 scribed in section 5(c)(1).

3 (2) REVIEW PERMITTED.—If—

4 (A) the investigation by an employer with

5 respect to which electronic monitoring described

6 in section 5(c)(1) was conducted on an em7 ployee has been completed, or

8 (B) disciplinary action has been initiated

9 by an employer against the employee who was

10 the subject of such electronic monitoring,

11 whichever occurs first, such employer shall promptly

12 provide such employee with an opportunity to review

13 the personal data obtained from such electronic

14 monitoring.

15 SEC. 8. USE OF DATA COLLECTED BY ELECTRONIC MON16 ITORING.

17 (a) EMPLOYER ACTIONS.—An employer shall not

18 take any action against an employee on the basis of per19 sonal data obtained by electronic monitoring of such em20 ployee unless the employer has complied with the require21 ments of this Act.

22 (b) DATA SHALL NOT BE USED AS SOLE BASIS FOR

23 EVALUATION OR PRODUCTION QUOTAS.—

24 (1) IN GENERAL.—Except as provided in para25 graph (2), an employer shall not use quantitative
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1 data on an employee which is obtained by electronic

2 monitoring and which records the amount of work

3 performed by such employee within a specific time

4 as the sole basis for—

5 (A) individual employee performance eval6 uation, or

7 (B) setting production quotas or work per8 formance expectations.

9 (2) EXCEPTION.—If an employee is not working

10 at a facility of an employer and transmits the em11 ployee’s work to the employer electronically, such

12 employer may use the quantitative data described in

13 paragraph (1) for the purposes described in sub14 paragraphs (A) and (B) of paragraph (1) if such

15 data is the only basis available to such employer for

16 such purposes.

17 SEC. 9. PRIVACY PROTECTIONS.

18 (a) COLLECTION.—

19 (1) IN GENERAL.—Except as provided in para20 graph (2), no employer may intentionally collect per21 sonal data about an employee through electronic

22 monitoring if the data are not confined to the em23 ployee’s work, unless the employee is a customer of

24 the employer at the time of the electronic monitor25 ing.
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1 (2) EXCEPTION.—Electronic monitoring by an

2 employer whose purpose and principal effect is to

3 collect data about the work of an employee or to col4 lect data on subjects who are not employees of the

5 employer is not prohibited by paragraph (1) because

6 it incidentally collects data which is not confined to

7 such employee’s work.

8 (b) PRIVATE AREAS.—NO EMPLOYER MAY ENGAGE

9 IN ELECTRONIC MONITORING IN—

10 (1) bathrooms,

11 (2) locker rooms, or

12 (3) dressing rooms,

13 except that if the employer has a reasonable suspicion that

14 an employee is engaged in conduct which violates civil or

15 criminal law and which adversely affects the employer’s

16 interests or the interests of such employer’s employees, the

17 employer may engage in electronic monitoring of such em18 ployee in a place described in paragraph (1), (2), or (3)

19 if the employer executes, in accordance with section

20 5(c)(2), the statement required by such section.

21 (c) FIRST AMENDMENT RIGHTS.—

22 (1) IN GENERAL.—An employer shall not inten23 tionally engage in electronic monitoring or use or

24 disseminate personal data obtained by electronic
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1 monitoring of an employee when the employee is ex2 ercising First Amendment rights.

3 (2) EXCEPTION.—Electronic monitoring by an

4 employer whose purpose and principal effect is to

5 collect data about the work of an employee of the

6 employer is not prohibited by paragraph (1) because

7 it collects some incidental data concerning the exer8 cise of an employee’s First Amendment rights.

9 (d) DISCLOSURE LIMITATIONS.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), an employer shall not disclose personal

12 data obtained by electronic monitoring to any person

13 or business entity except to (or with the prior writ14 ten consent of) the individual employee to whom the

15 data pertain, unless the disclosure would be—

16 (A) to officers and employees of the em17 ployer who have a legitimate need for the infor18 mation in the performance of their duties;

19 (B) to a law enforcement agency in con20 nection with an investigation or prosecution; or

21 (C) pursuant to the order of a court of

22 competent jurisdiction.

23 (2) EXCEPTION.—An employer may disclose to

24 the public personal data obtained by electronic mon25 itoring of an employee if the data contain evidence
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1 of illegal conduct by a public official or have a direct

2 and substantial effect on public health or safety.

3 SEC. 10. ACCESS TO DATA.

4 When an employer has an immediate need for specific

5 data and if the employee who maintains such data is not

6 available, the employer may access such data if—

7 (1) the data is alphanumeric and do not include

8 data obtained by the aural or visual monitoring of

9 employees or the interception of employee commu10 nications,

11 (2) the data will not be used for the purpose of

12 discipline or performance evaluation, and

13 (3) the employer notifies the employee who

14 maintains such data that the employer has accessed

15 such data and provides such notice within a reason16 able time after the access has occurred.

17 SEC. 11. PROHIBITIONS.

18 No employer may—

19 (1) violate any requirement of this Act,

20 (2) engage in video monitoring with a video

21 camera which is not visible to the subject of the

22 monitoring, except in the case of monitoring de23 scribed in section 5(c)(1), 13(a), 13(b), or 13(c)(2),
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1 (3) interfere with, or deny the exercise or the

2 attempted exercise by, an employee of any right pro3 vided by section 9(c), or

4 (4) discharge, discipline, or in any manner dis5 criminate against an employee with respect to the

6 employee’s compensation or terms, conditions, or

7 privileges of employment because the employee (or

8 any person acting pursuant to a request of the em9 ployee) has—

10 (A) instituted any proceeding relating to a

11 violation of this Act,

12 (B) has testified or is about to testify in

13 any such proceedings, or

14 (C) disclosed information which the em15 ployee reasonably believes evidences a violation

16 of this Act.

17 SEC. 12. ENFORCEMENT PROVISIONS.

18 (a) CIVIL PENALTIES.—

19 (1) IN GENERAL.—Subject to paragraph (2),

20 any employer who violates any provision of this Act

21 may be assessed a civil penalty of not more than

22 $10,000 for each such violation.

23 (2) CONSIDERATIONS.—In determining the

24 amount of any penalty under paragraph (1), the

25 Secretary shall take into account the previous record
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1 of the person in terms of compliance with this Act

2 and the gravity of the violation.

3 (3) ASSESSMENT AND COLLECTION.—Any civil

4 penalty under this subsection shall be assessed by

5 the Secretary and shall be collected in the same

6 manner as is required by subsections (b) through (e)

7 of section 503 of the Migrant and Seasonal Agricul8 tural Worker Protection Act (29 U.S.C. 1853) with

9 respect to civil penalties assessed under subsection

10 (a) of such section.

11 (b) ACTIONS BY THE SECRETARY.—The Secretary

12 may bring an action under this section to restrain viola13 tions of this Act. The Solicitor of Labor may appear for

14 and represent the Secretary in any litigation brought

15 under this Act. In any action brought under this section,

16 the district courts of the United States shall have jurisdic17 tion, for cause shown, to issue temporary or permanent

18 restraining orders and injunctions to require compliance

19 with this Act, including such legal or equitable relief inci20 dent thereto as may be appropriate, including employ21 ment, reinstatement, promotion, and the payment of lost

22 wages and benefits.

23 (c) PRIVATE CIVIL ACTIONS.—

24 (1) IN GENERAL.—An employer who violates

25 this Act shall be liable to the employee or prospec-
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1 tive employee affected by such violation. Such em2 ployer shall be liable for such legal or equitable relief

3 as may be appropriate, including employment, rein4 statement, promotion, and the payment of lost wages

5 and benefits.

6 (2) JURISDICTION.—An action to recover the li7 ability prescribed in paragraph (1) may be main8 tained against the employer in any Federal or State

9 court of competent jurisdiction by any person for or

10 on behalf of an employee or prospective employee.

11 (3) LIMITATION.—No such action may be com12 menced more than 3 years after the date—

13 (A) the employee knew of, or

14 (B) the employee could reasonably be ex15 pected to know of,

16 the alleged violation.

17 (4) COSTS.—The court shall allow the prevail18 ing party (other than the United States) reasonable

19 costs, including attorneys’ and expert witness fees.

20 (d) WAIVER OF RIGHTS PROHIBITED.—The rights

21 and procedures provided by this Act may not be waived

22 by contract or otherwise, unless such waiver is part of a

23 written settlement agreed to and signed by the parties to

24 a pending action or complaint under this Act.
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1 SEC. 13. APPLICATION.

2 (a) LAW ENFORCEMENT.—This Act shall not apply

3 to electronic monitoring administered by law enforcement

4 agencies as may otherwise be permitted in criminal inves5 tigations.

6 (b) WORKERS’ COMPENSATION.—This Act does not

7 apply to electronic monitoring conducted by an employer

8 of the employer’s employees in connection with an inves9 tigation of a workers’ compensation claim.

10 (c) REQUIRED MONITORING.—

11 (1) INTELLIGENCE.—This Act (other than sec12 tions 4(a) and 7) shall not apply to electronic mon13 itoring conducted by or for—

14 (A) the intelligence community, as defined

15 in Executive Order 12333 (or successor order),

16 or

17 (B) intelligence community contractors

18 with respect to contracts that bear upon na19 tional security information, as defined by Exec20 utive Order 12356 (or successor order).

21 (2) OTHER MONITORING.—This Act (other than

22 sections 4(a), 4(b)(1), 4(b)(2), 4(b)(4), 7, 8, and 9)

23 shall not apply to electronic monitoring—

24 (A) conducted by an employer pursuant to

25 Federal law (including regulations) governing
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1 public safety or security for public transpor2 tation,

3 (B) conducted by an employer registered

4 under section 6, 15, 15A, 15B, 15C, or 17A of

5 the Securities Exchange Act of 1934 (15

6 U.S.C. 78 et seq.), section 8(a) of the Invest7 ment Company Act of 1940 (15 U.S.C. 80a–

8 1(a)), or sections 202(a)(11) and 203(a) of the

9 Investment Advisers Act of 1940 (15 U.S.C.

10 80b–2(a)(11) and 80b–3(a)), conducted by an

11 employer or a person associated with an em12 ployer registered or exempt from such registra13 tion under sections 4d, 4e, 4k, or 4m of the

14 Commodity Exchange Act (7 U.S.C. 6d, 6e, 6k,

15 or 6m), conducted by a self-regulatory organiza16 tion or its affiliated clearinghouse designated,

17 registered, or exempt from registration under

18 section 6 or 17 of such Act (7 U.S.C. 8, 21),

19 or conducted by an employer who provides an

20 electronic trading system or other facilities for

21 one or more self-regulatory organizations des22 ignated, registered, or exempt from registration

23 under section 6 or 17 of such Act (7 U.S.C. 8,

24 21) if such monitoring is confined to manage25 ment or professional employees with significant
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1 financial responsibility which involves the use of

2 independent judgment,

3 (C) conducted by an employer that is a fi4 nancial institution, as defined in section 20 of

5 title 18, United States Code or subparagraph

6 (A), (B), (C), (D), or (F) of section 5312(a)(2)

7 of title 31, United States Code, if such monitor8 ing is confined to management or professional

9 employees with significant financial responsibil10 ity which involves the use of independent judg11 ment,

12 (D) conducted in or about a gaming or

13 gambling facility operating under license or per14 mit issued by a State regulatory agency and as

15 required by State law or regulations enacted or

16 adopted, before January 1, 1992, to deter or

17 detect criminal activities through electronic

18 monitoring, or

19 (E) conducted only to the extent necessary

20 to ensure an employee provides the notices re21 quired by the Truth in Lending Act and the

22 regulation under such Act designated Regula23 tion Z, the Equal Credit Opportunity Act and

24 the regulation under such Act designated Regu25 lation B, the Fair Credit Reporting Act, the
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1 Fair Credit Billing Act, the Fair Debt Collec2 tion Practices Act, the rule of the Federal

3 Trade Commission on credit practices, the regu4 lations and consent orders of the Federal Trade

5 Commission on unfair acts and practices, the

6 Telephone Consumer Protection Act of 1991

7 and regulations under such Act, and all cor8 responding State laws and regulations.

9 (3) ENFORCEMENT.—The provisions of this Act

10 made applicable to the electronic monitoring de11 scribed in paragraphs (1) and (2) shall be enforced

12 in accordance with section 12 of this Act.

13 (c) THIRD PARTY.—

14 (1) MONITORING FOR ANOTHER PERSON.—A

15 person who engages in electronic monitoring may

16 not perform electronic monitoring for another person

17 unless the requirements of this Act are complied

18 with.

19 (2) USE OF DATA.—A person who contracts

20 with or otherwise obtains the services of a third

21 party to electronically monitor the employees of such

22 person may not use the data obtained from such

23 monitoring unless the requirements of this Act are

24 complied with.
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1 SEC. 14. REGULATIONS.

2 The Secretary shall, within 6 months after the date

3 of the enactment of this Act, issue regulations to carry

4 out this Act.

5 SEC. 15 PREEMPTION.

6 This Act shall not be construed to restrict, limit, or

7 eliminate a requirement of a State or political subdivision

8 of a State or of a collective bargaining agreement relating

9 to electronic monitoring which is more stringent than any

10 requirement of this Act.

11 SEC. 16. COVERAGE OF EMPLOYEES OF THE HOUSE OF

12 REPRESENTATIVES AND SENATE.

13 (a) APPLICATION.—With the exception of section 12,

14 this Act (including the substantive requirements of imple15 menting regulations issued under section 14) shall apply

16 to employees and to employing authorities.

17 (b) ADMINISTRATION.—

18 (1) HOUSE OF REPRESENTATIVES.—The rem19 edies and procedures of the Fair Employment Prac20 tices Resolution shall apply with respect to a viola21 tion of this Act as it is made applicable by sub22 section (a) to employees of the employing authorities

23 described in subsection (a)(2)(A). The Office of Fair

24 Employment Practices may, in addition to those

25 remedies available under the Fair Employment

26 Practices Resolution, assess such an employing au-
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1 thority a civil penalty of not more than $10,000 for

2 each violation. In determining the amount, the Of3 fice shall take into account the previous record of

4 the employing authority involved in terms of compli5 ance with this section and the gravity of the viola6 tion. Any such penalty collected shall be paid into

7 the Treasury of the United States.

8 (2) SENATE.—The remedies and procedures

9 utilized by the Office of Senate Fair Employment

10 Practices, established by section 303 of the Civil

11 Rights Act of 1991, shall apply with respect to a

12 violation of this Act as it is made applicable by sub13 section (a) to Senate employees of an employing au14 thority described in subsection (g)(2)(B). The Office

15 of Senate Fair Employment Practices may, in addi16 tion to those remedies otherwise available, assess

17 such an employing authority a civil penalty of not

18 more than $10,000 for each violation. In determin19 ing the amount, the Office shall take into account

20 the previous record of the employing authority in21 volved in terms of compliance with this section and

22 the gravity of the violation. Any such penalty col23 lected shall be paid into the Treasury of the United

24 States.
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1 (c) WAIVER OF RIGHTS PROHIBITED.—The rights

2 and procedures provided by this Act may not be waived

3 by contract or otherwise, unless such waiver is part of a

4 written settlement agreed to and signed by the parties to

5 a pending action or complaint under this Act.

6 (d) NOTICE.—Each employing authority shall post

7 and keep posted in conspicuous places on its premises a

8 notice that shall be—

9 (1) with respect to employing authorities de10 scribed in subsection (g)(2)(A), prepared by the Of11 fice of Fair Employment Practices, and

12 (2) with respect to employing authorities de13 scribed in subsection (g)(2)(B), prepared by the Of14 fice of Senate Fair Employment Practices,

15 setting forth such information as each such Office consid16 ers to be appropriate to carry out this section. Such notice,

17 at a minimum, shall provide the same information as that

18 required under section 4(a)(1).

19 (e) RULEMAKING.—Subsection (b) is enacted as an

20 exercise of the rulemaking power of the House of Rep21 resentatives and the Senate, with full recognition of the

22 right of the House of Representatives and the Senate to

23 change its rules in the same manner, and to the same ex24 tent, as in any other rule of the House of Representatives

25 and the Senate.
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1 (f) ENFORCEMENT.—Notwithstanding any other pro2 vision of this Act, no officer or employee of the executive

3 branch of the Federal Government shall have authority to

4 administer, interpret, or enforce this section.

5 (g) DEFINITIONS.—For purposes of this section—

6 (1) the term ‘‘employee’’ means any current,

7 prospective, or former employee of an employing au8 thority or any leased employee;

9 (2) the term ‘‘employing authority’’—

10 (A) has the meaning given it in the Fair

11 Employment Practices Resolution, except that

12 with respect to a position on the minority staff

13 of a committee, such term means the ranking

14 minority member of such committee; and

15 (B) in the case of a Senate employee, in16 cludes a head of employing office as that term

17 is defined by section 301(c)(2) of the Civil

18 Rights Act of 1991; and

19 (3) the term ‘‘Fair Employment Practices Reso20 lution’’ means—

21 (A) House Resolution 558 of the One

22 Hundredth Congress, as adopted October 4,

23 1988, and incorporated into rule LI of the

24 Rules of the House of Representatives of the

25 One Hundred Second Congress; or
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•HR 1900 SC2

1 (B) any other provision that continues in

2 effect the provisions of such resolution.

3 SEC. 17. EFFECTIVE DATE.

4 This Act shall take effect on 6 months after the date

5 of the enactment of this Act, except that an employer who

6 is engaged in electronic monitoring on the expiration of

7 such 6 months shall have 60 days after such expiration

8 to provide each affected employee with the notice required

9 by this Act.

Æ

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