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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1900 Introduced in House (IH)]

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. Velazquez
  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, 
  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Privacy for Consumers and Workers 
Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) Electronic monitoring.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the term ``electronic monitoring'' means the 
                collection, storage, analysis, or reporting of 
                information concerning an employee's activities by 
                means of a computer, electronic observation and 
                supervision, telephone service observation, telephone 
                call accounting, or other form of visual, auditory, or 
                computer-based technology which is conducted by any 
                method other than direct observation by another person, 
                including the following methods: Transfer of signs, 
                signals, writing, images, sounds, data, or intelligence 
                of any nature which are transmitted in whole or in part 
                by a wire, radio, electromagnetic, photoelectronic, or 
                photo-optical system.
                    (B) Telephone call accounting.--For purposes of 
                subparagraph (A), the term ``telephone call 
                accounting'' means the practice of recording the 
                telephone numbers called by a specific telephone or 
                group of telephones, including--
                            (i) the telephone number from which a call 
                        is being made,
                            (ii) the telephone number which is being 
                        called,
                            (iii) the time when the telephone call was 
                        connected,
                            (iv) the time when the telephone call was 
                        completed, and
                            (v) identification of the operator, if any, 
                        who assisted in placing the telephone call,
        for the purpose of individual employee evaluations or the 
        setting of production quotas or work performance expectations.
                    (C) Exclusion.--The term ``electronic monitoring'' 
                does not include--
                            (i) wiretapping, or
                            (ii) the electronic transfer of--
                                    (I) payroll data,
                                    (II) insurance and other benefit 
                                data,
                                    (III) employee job application 
                                data, or
                                    (IV) other personnel-related data 
                                which an employer may collect under 
                                section 5(a),
                        for administrative purposes only.
            (2) Employee.--The term ``employee'' means any current, 
        former, or leased employee of an employer.
            (3) Employer.--The term ``employer'' means any person who--
                    (A) is engaged in commerce, and
                    (B) who employs employees,
        and includes any individual, corporation, partnership, labor 
        organization, unincorporated association, or any other legal 
        business, the Federal Government, any State (or political 
        subdivision thereof), and any agent of the employer.
            (4) Personal data.--The term ``personal data'' means any 
        information concerning an employee which, because of name, 
        identifying number, mark, or description, can be readily 
        associated with a particular individual, and such term includes 
        information contained in printouts, forms, or written analyses 
        or evaluations.
            (5) Prospective employee.--The term ``prospective 
        employee'' means an individual who has applied for a position 
        of employment with an employer.
            (6) Telephone service observation.--The term ``telephone 
        service observation'' means the practice of listening to or 
        recording telephone calls being made by, or received by, an 
        employee in order to monitor the quality of service provided by 
        the employee.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Labor.

SEC. 3. GENERAL REQUIREMENTS.

    (a) Engaging in Electronic Monitoring.--An employer may engage in 
electronic monitoring of the employer's employees if--
            (1) the employer provides the notices required by section 
        4,
            (2) if section 5 applies, the employer complies with the 
        requirements of such section,
            (3) the employer complies with section 9, and
            (4) the employer does not violate section 11.
    (b) Review and Use.--An employer may review data obtained by 
electronic monitoring of the employer's employees if the employer meets 
the requirements of section 6 and may use such data if the employer 
meets the requirements of section 8.

SEC. 4. NOTICE REQUIREMENTS.

    (a) Secretary's Notice.--The Secretary shall prepare, have printed, 
and distribute to employers a notice which will inform employees--
            (1) that an employer engages in or may engage in electronic 
        monitoring of employees and specifies the circumstances 
        (including the monitoring and exception described in section 5) 
        under which an employee is or is not entitled to additional 
        notice under this section, and
            (2) of the rights and protections provided to employees by 
        this Act.
Each employer who engages in electronic monitoring shall post and 
maintain such notice in conspicuous places on its premises where 
notices to employees are customarily posted.
    (b) Employer's Specific Notice.--Each employer shall provide to 
each employee who will be electronically monitored with prior written 
notice describing the following regarding the electronic monitoring of 
such employee:
            (1) The forms of electronic monitoring to be used.
            (2) The personal data to be collected.
            (3) The hours and days per week that electronic monitoring 
        will occur.
            (4) The use to be made of personal data collected.
            (5) Interpretation of printouts of statistics or other 
        records of information collected through electronic monitoring 
        if the interpretation affects the employees.
            (6) Existing production standards and work performance 
        expectations.
            (7) Methods for determining production standards and work 
        performance expectations based on electronic monitoring 
        statistics if the methods affect the employees.
The notice required by this subsection shall also include a description 
of the monitoring and the exception which is authorized under section 
5(c)(1) to be undertaken without providing such notice.
    (c) Employer's Notice to Prospective Employees.--
            (1) In general.--Each employer shall notify a prospective 
        employee at the first personal interview of existing forms of 
        electronic monitoring conducted by the employer which may 
        affect the prospective employee if such employee is hired by 
        the employer.
            (2) Specific notice.--Each employer, upon request by a 
        prospective employee or when the employer offers employment to 
        a prospective employee, shall provide the prospective employee 
        with the written notice described in subsection (b).
    (d) Customer Notice.--Employers who engage in the practice of 
telephone service observation shall inform customers who may be subject 
to such observation of such practice in any recorded message used in 
connection with customer telephone calls. If the employer does not use 
such a recorded message, the employer shall prominently place in each 
of its customer bills a statement that the employer is engaging in such 
practice.
    (e) Public Notice.--If an employer engages in electronic monitoring 
which may include members of the public who are not employees of the 
employer, the employer shall notify such individuals of such 
monitoring. Such notice may take the form that is reasonably calculated 
to reach members of the public who may be affected by such monitoring.

SEC. 5. PERIODIC OR RANDOM ELECTRONIC MONITORING.

    (a) General Rule.--No employer may engage in electronic monitoring 
of any of the employer's employees on a periodic or random basis except 
as authorized by subsection (b).
    (b) Authority.--
            (1) New employees.--An employer may engage in random and 
        periodic monitoring of an employee of such employer if the 
        cumulative total period of such employee's employment is not 
        more than 60 days.
            (2) Other employees.--An employer may not engage in random 
        and periodic monitoring of an employee with a cumulative 
        employment period with such employer of at least 5 years.
            (3) Work groups.--An employer may engage in electronic 
        monitoring of an employee of such employer who has a cumulative 
        employment period with such employer of less than 5 years and 
        who is in a work group of employees on a periodic or random 
        basis for not more than 2 hours in any week. Except as provided 
        in subsection (c), the section 4(b) notice to each employee 
        within such work group for such monitoring shall be provided at 
        least 24 hours but not more than 72 hours before engaging in 
        such monitoring. For purposes of this subsection, the term 
        ``work group'' means a group of employees employed in a single 
        facility and engaged in substantially similar work at a common 
        time and in physical proximity to each other.
    (c) Exception to Notice Requirement.--
            (1) In general.--Subject to paragraph (2), if an employer 
        has a reasonable suspicion that any employee is engaged in 
        conduct which--
                    (A) violates criminal or civil law or constitutes 
                willful gross misconduct, and
                    (B) adversely affects the employer's interests or 
                the interests of such employer's employees,
        the employer may engage, on the employer's worksite, in 
        electronic monitoring of such employee or of an area in which 
        the actions described in subparagraphs (A) and (B) occur 
        without providing the notice required by section 4(b) and 
        without regard to subsection (a) or (b) of section 9.
            (2) Statement.--Before engaging in the electronic 
        monitoring described in paragraph (1), an employer shall 
        execute a statement setting forth--
                    (A) with particularity the conduct which is being 
                monitored and the basis for the monitoring, and
                    (B) an identification of the specific economic loss 
                or injury to the business of the employer resulting 
                from such conduct or the injury to the interests of 
                such employer's employees.
        The employer shall sign the statement and retain it for 3 years 
        from the date the monitoring began or until judgment is 
        rendered in an action brought under section 12(c) by an 
        employee affected by such monitoring, whichever is later.

SEC. 6. REVIEW OF CONTINUOUS ELECTRONIC MONITORING.

    (a) Review During Monitoring.--
            (1) In general.--Except as provided in paragraph (2), no 
        employer may review data, obtained by continuous electronic 
        monitoring of the employer's employees, on a periodic or random 
        basis.
            (2) Exception.--The following are not subject to paragraph 
        (1):
                    (A) the review by an employer of electronic data 
                obtained from the use of an electronic card system,
                    (B) the review of electronic data obtained from 
                video monitoring (with or without an audio track) which 
                is used to deter crime by persons and to provide 
                evidence to law enforcement personnel, and
                    (C) the review of data which is continuously 
                monitored by an employer and which appears 
                simultaneously on multiple television screens or 
                sequentially on a single screen.
    (b) Review After Monitoring.--An employer may review data obtained 
by continuous electronic monitoring of the employer's employees after 
the monitoring was completed only if review was limited to specific 
data which the employer has reason to believe contains information 
relevant to an employee's work.

SEC. 7. EMPLOYEE REVIEW OF RECORDS.

    (a) In General.--Except as provided in subsection (b), each 
employer shall provide an employee (or the employee's authorized agent) 
with a reasonable opportunity to review all personal data obtained by 
electronic monitoring of the employee.
    (b) Exception.--
            (1) In general.--Except as provided in paragraph (2), an 
        employer is not required to provide an employee a reasonable 
        opportunity to review data which are obtained by electronic 
        monitoring described in section 5(c)(1).
            (2) Review permitted.--If--
                    (A) the investigation by an employer with respect 
                to which electronic monitoring described in section 
                5(c)(1) was conducted on an employee has been 
                completed, or
                    (B) disciplinary action has been initiated by an 
                employer against the employee who was the subject of 
                such electronic monitoring,
        whichever occurs first, such employer shall promptly provide 
        such employee with an opportunity to review the personal data 
        obtained from such electronic monitoring.

SEC. 8. USE OF DATA COLLECTED BY ELECTRONIC MONITORING.

    (a) Employer Actions.--An employer shall not take any action 
against an employee on the basis of personal data obtained by 
electronic monitoring of such employee unless the employer has complied 
with the requirements of this Act.
    (b) Data Shall Not Be Used as Sole Basis for Evaluation or 
Production Quotas.--
            (1) In general.--Except as provided in paragraph (2), an 
        employer shall not use quantitative data on an employee which 
        is obtained by electronic monitoring and which records the 
        amount of work performed by such employee within a specific 
        time as the sole basis for--
                    (A) individual employee performance evaluation, or
                    (B) setting production quotas or work performance 
                expectations.
            (2) Exception.--If an employee is not working at a facility 
        of an employer and transmits the employee's work to the 
        employer electronically, such employer may use the quantitative 
        data described in paragraph (1) for the purposes described in 
        subparagraphs (A) and (B) of paragraph (1) if such data is the 
        only basis available to such employer for such purposes.

SEC. 9. PRIVACY PROTECTIONS.

    (a) Collection.--
            (1) In general.--Except as provided in paragraph (2), no 
        employer may intentionally collect personal data about an 
        employee through electronic monitoring if the data are not 
        confined to the employee's work, unless the employee is a 
        customer of the employer at the time of the electronic 
        monitoring.
            (2) Exception.--Electronic monitoring by an employer whose 
        purpose and principal effect is to collect data about the work 
        of an employee or to collect data on subjects who are not 
        employees of the employer is not prohibited by paragraph (1) 
        because it incidentally collects data which is not confined to 
        such employee's work.
    (b) Private Areas.--No employer may engage in electronic monitoring 
in--
            (1) bathrooms,
            (2) locker rooms, or
            (3) dressing rooms,
except that if the employer has a reasonable suspicion that an employee 
is engaged in conduct which violates civil or criminal law and which 
adversely affects the employer's interests or the interests of such 
employer's employees, the employer may engage in electronic monitoring 
of such employee in a place described in paragraph (1), (2), or (3) if 
the employer executes, in accordance with section 5(c)(2), the 
statement required by such section.
    (c) First Amendment Rights.--
            (1) In general.--An employer shall not intentionally engage 
        in electronic monitoring or use or disseminate personal data 
        obtained by electronic monitoring of an employee when the 
        employee is exercising First Amendment rights.
            (2) Exception.--Electronic monitoring by an employer whose 
        purpose and principal effect is to collect data about the work 
        of an employee of the employer is not prohibited by paragraph 
        (1) because it collects some incidental data concerning the 
        exercise of an employee's First Amendment rights.
    (d) Disclosure Limitations.--
            (1) In general.--Except as provided in paragraph (2), an 
        employer shall not disclose personal data obtained by 
        electronic monitoring to any person or business entity except 
        to (or with the prior written consent of) the individual 
        employee to whom the data pertain, unless the disclosure would 
        be--
                    (A) to officers and employees of the employer who 
                have a legitimate need for the information in the 
                performance of their duties;
                    (B) to a law enforcement agency in connection with 
                an investigation or prosecution; or
                    (C) pursuant to the order of a court of competent 
                jurisdiction.
            (2) Exception.--An employer may disclose to the public 
        personal data obtained by electronic monitoring of an employee 
        if the data contain evidence of illegal conduct by a public 
        official or have a direct and substantial effect on public 
        health or safety.

SEC. 10. ACCESS TO DATA.

    When an employer has an immediate need for specific data and if the 
employee who maintains such data is not available, the employer may 
access such data if--
            (1) the data is alphanumeric and do not include data 
        obtained by the aural or visual monitoring of employees or the 
        interception of employee communications,
            (2) the data will not be used for the purpose of discipline 
        or performance evaluation, and
            (3) the employer notifies the employee who maintains such 
        data that the employer has accessed such data and provides such 
        notice within a reasonable time after the access has occurred.

SEC. 11. PROHIBITIONS.

    No employer may--
            (1) violate any requirement of this Act,
            (2) engage in video monitoring with a video camera which is 
        not visible to the subject of the monitoring, except in the 
        case of monitoring described in section 5(c)(1), 13(a), 13(b), 
        or 13(c)(2),
            (3) interfere with, or deny the exercise or the attempted 
        exercise by, an employee of any right provided by section 9(c), 
        or
            (4) discharge, discipline, or in any manner discriminate 
        against an employee with respect to the employee's compensation 
        or terms, conditions, or privileges of employment because the 
        employee (or any person acting pursuant to a request of the 
        employee) has--
                    (A) instituted any proceeding relating to a 
                violation of this Act,
                    (B) has testified or is about to testify in any 
                such proceedings, or
                    (C) disclosed information which the employee 
                reasonably believes evidences a violation of this Act.

SEC. 12. ENFORCEMENT PROVISIONS.

    (a) Civil Penalties.--
            (1) In general.--Subject to paragraph (2), any employer who 
        violates any provision of this Act may be assessed a civil 
        penalty of not more than $10,000 for each such violation.
            (2) Considerations.--In determining the amount of any 
        penalty under paragraph (1), the Secretary shall take into 
        account the previous record of the person in terms of 
        compliance with this Act and the gravity of the violation.
            (3) Assessment and collection.--Any civil penalty under 
        this subsection shall be assessed by the Secretary and shall be 
        collected in the same manner as is required by subsections (b) 
        through (e) of section 503 of the Migrant and Seasonal 
        Agricultural Worker Protection Act (29 U.S.C. 1853) with 
        respect to civil penalties assessed under subsection (a) of 
        such section.
    (b) Actions by the Secretary.--The Secretary may bring an action 
under this section to restrain violations of this Act. The Solicitor of 
Labor may appear for and represent the Secretary in any litigation 
brought under this Act. In any action brought under this section, the 
district courts of the United States shall have jurisdiction, for cause 
shown, to issue temporary or permanent restraining orders and 
injunctions to require compliance with this Act, including such legal 
or equitable relief incident thereto as may be appropriate, including 
employment, reinstatement, promotion, and the payment of lost wages and 
benefits.
    (c) Private Civil Actions.--
            (1) In general.--An employer who violates this Act shall be 
        liable to the employee or prospective employee affected by such 
        violation. Such employer shall be liable for such legal or 
        equitable relief as may be appropriate, including employment, 
        reinstatement, promotion, and the payment of lost wages and 
        benefits.
            (2) Jurisdiction.--An action to recover the liability 
        prescribed in paragraph (1) may be maintained against the 
        employer in any Federal or State court of competent 
        jurisdiction by any person for or on behalf of an employee or 
        prospective employee.
            (3) Limitation.--No such action may be commenced more than 
        3 years after the date--
                    (A) the employee knew of, or
                    (B) the employee could reasonably be expected to 
                know of,
        the alleged violation.
            (4) Costs.--The court shall allow the prevailing party 
        (other than the United States) reasonable costs, including 
        attorneys' and expert witness fees.
    (d) Waiver of Rights Prohibited.--The rights and procedures 
provided by this Act may not be waived by contract or otherwise, unless 
such waiver is part of a written settlement agreed to and signed by the 
parties to a pending action or complaint under this Act.

SEC. 13. APPLICATION.

    (a) Law Enforcement.--This Act shall not apply to electronic 
monitoring administered by law enforcement agencies as may otherwise be 
permitted in criminal investigations.
    (b) Workers' Compensation.--This Act does not apply to electronic 
monitoring conducted by an employer of the employer's employees in 
connection with an investigation of a workers' compensation claim.
    (c) Required Monitoring.--
            (1) Intelligence.--This Act (other than sections 4(a) and 
        7) shall not apply to electronic monitoring conducted by or 
        for--
                    (A) the intelligence community, as defined in 
                Executive Order 12333 (or successor order), or
                    (B) intelligence community contractors with respect 
                to contracts that bear upon national security 
                information, as defined by Executive Order 12356 (or 
                successor order).
            (2) Other monitoring.--This Act (other than sections 4(a), 
        4(b)(1), 4(b)(2), 4(b)(4), 7, 8, and 9) shall not apply to 
        electronic monitoring--
                    (A) conducted by an employer pursuant to Federal 
                law (including regulations) governing public safety or 
                security for public transportation,
                    (B) conducted by an employer registered under 
                section 6, 15, 15A, 15B, 15C, or 17A of the Securities 
                Exchange Act of 1934 (15 U.S.C. 78 et seq.), section 
                8(a) of the Investment Company Act of 1940 (15 U.S.C. 
                80a-1(a)), or sections 202(a)(11) and 203(a) of the 
                Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(11) 
                and 80b-3(a)), conducted by an employer or a person 
                associated with an employer registered or exempt from 
                such registration under sections 4d, 4e, 4k, or 4m of 
                the Commodity Exchange Act (7 U.S.C. 6d, 6e, 6k, or 
                6m), conducted by a self-regulatory organization or its 
                affiliated clearinghouse designated, registered, or 
                exempt from registration under section 6 or 17 of such 
                Act (7 U.S.C. 8, 21), or conducted by an employer who 
                provides an electronic trading system or other 
                facilities for one or more self-regulatory 
                organizations designated, registered, or exempt from 
                registration under section 6 or 17 of such Act (7 
                U.S.C. 8, 21) if such monitoring is confined to 
                management or professional employees with significant 
                financial responsibility which involves the use of 
                independent judgment,
                    (C) conducted by an employer that is a financial 
                institution, as defined in section 20 of title 18, 
                United States Code or subparagraph (A), (B), (C), (D), 
                or (F) of section 5312(a)(2) of title 31, United States 
                Code, if such monitoring is confined to management or 
                professional employees with significant financial 
                responsibility which involves the use of independent 
                judgment,
                    (D) conducted in or about a gaming or gambling 
                facility operating under license or permit issued by a 
                State regulatory agency and as required by State law or 
                regulations enacted or adopted, before January 1, 1992, 
                to deter or detect criminal activities through 
                electronic monitoring, or
                    (E) conducted only to the extent necessary to 
                ensure an employee provides the notices required by the 
                Truth in Lending Act and the regulation under such Act 
                designated Regulation Z, the Equal Credit Opportunity 
                Act and the regulation under such Act designated 
                Regulation B, the Fair Credit Reporting Act, the Fair 
                Credit Billing Act, the Fair Debt Collection Practices 
                Act, the rule of the Federal Trade Commission on credit 
                practices, the regulations and consent orders of the 
                Federal Trade Commission on unfair acts and practices, 
                the Telephone Consumer Protection Act of 1991 and 
                regulations under such Act, and all corresponding State 
                laws and regulations.
            (3) Enforcement.--The provisions of this Act made 
        applicable to the electronic monitoring described in paragraphs 
        (1) and (2) shall be enforced in accordance with section 12 of 
        this Act.
    (c) Third Party.--
            (1) Monitoring for another person.--A person who engages in 
        electronic monitoring may not perform electronic monitoring for 
        another person unless the requirements of this Act are complied 
        with.
            (2) Use of data.--A person who contracts with or otherwise 
        obtains the services of a third party to electronically monitor 
        the employees of such person may not use the data obtained from 
        such monitoring unless the requirements of this Act are 
        complied with.

SEC. 14. REGULATIONS.

    The Secretary shall, within 6 months after the date of the 
enactment of this Act, issue regulations to carry out this Act.

SEC. 15 PREEMPTION.

    This Act shall not be construed to restrict, limit, or eliminate a 
requirement of a State or political subdivision of a State or of a 
collective bargaining agreement relating to electronic monitoring which 
is more stringent than any requirement of this Act.

SEC. 16. COVERAGE OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES AND 
              SENATE.

    (a) Application.--With the exception of section 12, this Act 
(including the substantive requirements of implementing regulations 
issued under section 14) shall apply to employees and to employing 
authorities.
    (b) Administration.--
            (1) House of representatives.--The remedies and procedures 
        of the Fair Employment Practices Resolution shall apply with 
        respect to a violation of this Act as it is made applicable by 
        subsection (a) to employees of the employing authorities 
        described in subsection (a)(2)(A). The Office of Fair 
        Employment Practices may, in addition to those remedies 
        available under the Fair Employment Practices Resolution, 
        assess such an employing authority a civil penalty of not more 
        than $10,000 for each violation. In determining the amount, the 
        Office shall take into account the previous record of the 
        employing authority involved in terms of compliance with this 
        section and the gravity of the violation. Any such penalty 
        collected shall be paid into the Treasury of the United States.
            (2) Senate.--The remedies and procedures utilized by the 
        Office of Senate Fair Employment Practices, established by 
        section 303 of the Civil Rights Act of 1991, shall apply with 
        respect to a violation of this Act as it is made applicable by 
        subsection (a) to Senate employees of an employing authority 
        described in subsection (g)(2)(B). The Office of Senate Fair 
        Employment Practices may, in addition to those remedies 
        otherwise available, assess such an employing authority a civil 
        penalty of not more than $10,000 for each violation. In 
        determining the amount, the Office shall take into account the 
        previous record of the employing authority involved in terms of 
        compliance with this section and the gravity of the violation. 
        Any such penalty collected shall be paid into the Treasury of 
        the United States.
    (c) Waiver of Rights Prohibited.--The rights and procedures 
provided by this Act may not be waived by contract or otherwise, unless 
such waiver is part of a written settlement agreed to and signed by the 
parties to a pending action or complaint under this Act.
    (d) Notice.--Each employing authority shall post and keep posted in 
conspicuous places on its premises a notice that shall be--
            (1) with respect to employing authorities described in 
        subsection (g)(2)(A), prepared by the Office of Fair Employment 
        Practices, and
            (2) with respect to employing authorities described in 
        subsection (g)(2)(B), prepared by the Office of Senate Fair 
        Employment Practices,
setting forth such information as each such Office considers to be 
appropriate to carry out this section. Such notice, at a minimum, shall 
provide the same information as that required under section 4(a)(1).
    (e) Rulemaking.--Subsection (b) is enacted as an exercise of the 
rulemaking power of the House of Representatives and the Senate, with 
full recognition of the right of the House of Representatives and the 
Senate to change its rules in the same manner, and to the same extent, 
as in any other rule of the House of Representatives and the Senate.
    (f) Enforcement.--Notwithstanding any other provision of this Act, 
no officer or employee of the executive branch of the Federal 
Government shall have authority to administer, interpret, or enforce 
this section.
    (g) Definitions.--For purposes of this section--
            (1) the term ``employee'' means any current, prospective, 
        or former employee of an employing authority or any leased 
        employee;
            (2) the term ``employing authority''--
                    (A) has the meaning given it in the Fair Employment 
                Practices Resolution, except that with respect to a 
                position on the minority staff of a committee, such 
                term means the ranking minority member of such 
                committee; and
                    (B) in the case of a Senate employee, includes a 
                head of employing office as that term is defined by 
                section 301(c)(2) of the Civil Rights Act of 1991; and
            (3) the term ``Fair Employment Practices Resolution'' 
        means--
                    (A) House Resolution 558 of the One Hundredth 
                Congress, as adopted October 4, 1988, and incorporated 
                into rule LI of the Rules of the House of 
                Representatives of the One Hundred Second Congress; or
                    (B) any other provision that continues in effect 
                the provisions of such resolution.

SEC. 17. EFFECTIVE DATE.

    This Act shall take effect on 6 months after the date of the 
enactment of this Act, except that an employer who is engaged in 
electronic monitoring on the expiration of such 6 months shall have 60 
days after such expiration to provide each affected employee with the 
notice required by this Act.

                                 <all>

HR 1900 SC----2
HR 1900 SC----3
```