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 Over-
sight and Accountability, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To prohibit certain uses of automated decision systems by 
employers, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘No Robot Bosses Act’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) AUTOMATED DECISION SYSTEM.— 
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(A) IN GENERAL.—The term ‘‘automated 
decision system’’ means a system, software, or 
process that— 
(i) uses computation, in whole or in 
part, to determine outcomes, make or aid 
decisions (including through evaluations, 
metrics, or scoring), inform policy imple-
mentation, or collect data or observations, 
including such a system, software, or proc-
ess derived from machine learning, statis-
tics, or other data processing or artificial 
intelligence techniques; and 
(ii) is not passive computing infra-
structure. 
(B) PASSIVE
COMPUTING
INFRASTRUC-
TURE.—For purposes of this paragraph, the 
term ‘‘passive computing infrastructure’’ means 
any intermediary technology that does not influ-
ence or determine the outcome of a decision, 
make or aid in a decision (including through 
evaluations, metrics, or scoring), inform policy 
implementation, or collect data or observations, 
including web hosting, domain registration, net-
working, caching, data storage, or cybersecu-
rity. 
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(2) AUTOMATED DECISION SYSTEM OUTPUT.— 
The term ‘‘automated decision system output’’ 
means any information, assumption, prediction, 
score, recommendation, decision, evaluation, metric, 
conclusion, inference, or profile generated by an 
automated decision system. 
(3) CANDIDATE.—The term ‘‘candidate’’, with 
respect to an employer, means an individual who ap-
plies, or applied, to be employed by, or otherwise 
perform work for remuneration for, the employer. 
(4) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’, with respect to an employer, means an 
individual— 
(A) who is employed by, or otherwise per-
forming work for remuneration for, the em-
ployer, including such an individual who is— 
(i) any individual performing work for 
remuneration for an employer described in 
clauses (i)(I) and (ii) of paragraph (6)(A); 
(ii) any individual performing work 
for remuneration for an entity described in 
paragraph (6)(A)(i)(II); 
(iii) any individual performing work 
for remuneration for an employing office 
described in paragraph (6)(A)(i)(III); 
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(iv) any individual performing work 
for remuneration for an employing office 
described in paragraph (6)(A)(i)(IV); or 
(v) any individual performing work for 
remuneration for an employing agency de-
scribed in paragraph (6)(A)(i)(V); or 
(B) who is a candidate with respect to the 
employer. 
(5) EMPLOY.—The term ‘‘employ’’ has the 
meaning given such term in section 3 of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203). 
(6) EMPLOYER.— 
(A) IN GENERAL.—The term ‘‘employer’’ 
means any person who is— 
(i)(I) a covered employer who is not 
described in any other subclause of this 
clause; 
(II) an entity employing a State em-
ployee described in section 304(a) of the 
Government Employee Rights Act of 1991 
(42 U.S.C. 2000e–16c(a)); 
(III) an employing office, as defined 
in section 101 of the Congressional Ac-
countability Act of 1995 (2 U.S.C. 1301); 
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(IV) an employing office, as defined in 
section 411(c) of title 3, United States 
Code; or 
(V) an employing agency covered 
under subchapter V of chapter 63 of title 
5, United States Code; and 
(ii) engaged in commerce (including 
government), or an industry or activity af-
fecting commerce (including government). 
(B) COVERED
EMPLOYER.—In subpara-
graph (A), the term ‘‘covered employer’’— 
(i) means any person engaged in com-
merce or in any industry or activity affect-
ing commerce who employs, or otherwise 
engages for the performance of work for 
remuneration, 11 or more covered individ-
uals; 
(ii) includes— 
(I) any person who acts, directly 
or indirectly, in the interest of a cov-
ered employer in relation to any indi-
vidual performing work for remunera-
tion for such covered employer; 
(II) any successor in interest of a 
covered employer; 
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(III) any public agency; and 
(IV) the Government Account-
ability Office and the Library of Con-
gress; and 
(iii) does not include any labor organi-
zation (other than when acting as an em-
ployer) or anyone acting in the capacity of 
officer or agent of such labor organization. 
(C) PUBLIC
AGENCY.—For purposes of 
this paragraph, a public agency shall be consid-
ered to be a person engaged in commerce or in 
an industry or activity affecting commerce. 
(D) DEFINITIONS.—For purposes of this 
paragraph, the terms ‘‘commerce’’, ‘‘person’’, 
and ‘‘public agency’’ have the meanings given 
the terms in section 3 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 203). 
(7) EMPLOYMENT-RELATED
DECISION.—The 
term ‘‘employment-related decision’’ includes a deci-
sion by an employer with regard to— 
(A) hiring a covered individual (including 
any decision with regard to recruiting, screen-
ing, interviewing, or selecting a candidate); 
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(B) firing, retaining, taking a disciplinary 
action against, demoting, or reassigning duties 
of a covered individual; or 
(C) any other term, condition, or privilege 
of employment or work of the covered indi-
vidual, such as relating to pay, scheduling, 
health care or long-term care coverage, benefits, 
or hours worked or promoting a covered indi-
vidual. 
(8) GOVERNMENT ENTITY.—The term ‘‘govern-
ment entity’’ means— 
(A) a Federal agency (as such term is de-
fined in section 3371 of title 5, United States 
Code); 
(B) a State or political subdivision thereof; 
(C) any agency, authority, or instrumen-
tality of a State or political subdivision thereof; 
or 
(D) a Tribal government or political sub-
division thereof. 
(9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
means any Indian or Alaska Native tribe, band, na-
tion, pueblo, village, community, component band, or 
component reservation individually identified (includ-
ing parenthetically) in the list published most re-
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cently as of the date of enactment of this Act pursu-
ant to section 104 of the Federally Recognized In-
dian Tribe List Act of 1994 (25 U.S.C. 5131). 
(10) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given the term in 
section 2(5) of the National Labor Relations Act (29 
U.S.C. 152(5)), except that such term shall also in-
clude— 
(A) any organization composed of labor or-
ganizations, such as a labor union federation or 
a State or municipal labor body; and 
(B) any organization which would be in-
cluded in the definition for such term under 
such section 2(5) but for the fact that the orga-
nization represents— 
(i) individuals employed by the United 
States, any wholly owned Government cor-
poration, any Federal Reserve Bank, or 
any State or political subdivision thereof; 
(ii) individuals employed by persons 
subject to the Railway Labor Act (45 
U.S.C. 151 et seq.); or 
(iii) individuals employed as agricul-
tural laborers. 
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(11) PREDISPUTE ARBITRATION AGREEMENT.— 
The term ‘‘predispute arbitration agreement’’ means 
any agreement to arbitrate a dispute that has not 
yet arisen at the time of the making of the agree-
ment. 
(12) PREDISPUTE JOINT-ACTION WAIVER.—The 
term ‘‘predispute joint-action waiver’’ means an 
agreement, whether or not part of a predispute arbi-
tration agreement, that would prohibit, or waive the 
right of, one of the parties to the agreement to par-
ticipate in a joint, class, or collective action in a ju-
dicial, arbitral, administrative, or other forum, con-
cerning a dispute that has not yet arisen at the time 
of the making of the agreement. 
(13) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Labor. 
(14) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, or any territory or possession of the 
United States. 
(15) STATE
ATTORNEY
GENERAL.—The term 
‘‘State attorney general’’ means— 
(A) with respect to a State, the attorney 
general or chief law enforcement officer of the 
State, or another official or agency designated 
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by the State to bring civil actions on behalf of 
the State or the residents of the State; and 
(B) with respect to a Tribal government, 
the attorney general or chief law enforcement 
officer of the Tribal government, or another of-
ficial or agency designated by the Tribal gov-
ernment to bring civil actions on behalf of the 
Tribal government or the Indian Tribe of the 
Tribal government. 
(16) STATE PRIVACY REGULATOR.—The term 
‘‘State privacy regulator’’ means— 
(A) the chief consumer protection officer of 
a State; or 
(B) a State consumer protection agency 
with expertise in data protection, including the 
California Privacy Protection Agency. 
(17) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
government’’ means the recognized governing body 
of an Indian Tribe. 
SEC. 3. USE OF AN AUTOMATED DECISION SYSTEM BY AN 
EMPLOYER. 
(a) EMPLOYMENT-RELATED DECISIONS.— 
(1) IN GENERAL.—An employer— 
(A) may not rely exclusively on an auto-
mated decision system in making an employ-
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Standards and Technology on Janu-
ary 26, 2023, or successor framework; 
(ii) such automated decision system 
is, not less than annually, independently 
tested for discriminatory impact described 
in clause (i)(III) or potential biases and 
the results of such test are made publicly 
available; 
(iii) the employer has provided the 
disclosure required under paragraph (2) 
with respect to such use of an automated 
decision system output; 
(iv) such use is designed for purposes 
of making such an employment-related de-
cision; 
(v) the employer independently cor-
roborates, via meaningful oversight by a 
human with appropriate and relevant expe-
rience, such automated decision system 
output; 
(vi) not later than 7 days after mak-
ing such an employment-related decision, 
the employer provides full, accessible, and 
meaningful documentation in plain lan-
guage to such covered individual (at no 
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cost to such covered individual) on the 
automated decision system output, includ-
ing— 
(I) a description of the auto-
mated decision system used to gen-
erate such automated decision system 
output; 
(II) a description and expla-
nation, in plain language, of the input 
data to such automated decision sys-
tem used to generate such automated 
decision system output and a ma-
chine-readable copy of such data; 
(III) a description and expla-
nation of how such automated deci-
sion system output was used in mak-
ing such employment-related decision; 
and 
(IV) the reasoning for the use of 
such automated decision system out-
put in such employment-related deci-
sion; and 
(vii) the employer enables the covered 
individual to, after receiving such docu-
mentation— 
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(I) dispute (in a manner that is 
accessible and equitable and does not 
pose an unreasonable burden on the 
covered individual) such automated 
decision system output to a human 
with appropriate and relevant experi-
ence; and 
(II) appeal such employment-re-
lated decision to a human with appro-
priate and relevant experience who is 
not the human for purposes of the 
corroboration under clause (v). 
(2) DISCLOSURE.— 
(A) IN GENERAL.—An employer that uses 
or intends to use an automated decision system 
output in making an employment-related deci-
sion with respect to a covered individual shall, 
in accordance with subparagraph (B), disclose 
to such covered individual— 
(i) that the employer uses or intends 
to use an automated decision system out-
put in making such an employment-related 
decision; 
(ii) a description and explanation of 
the automated decision system used or in-
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tended to be used to generate such auto-
mated decision system output, including— 
(I) the types of data collected or 
intended to be collected as inputs to 
the automated decision system and 
the circumstances of such collection; 
(II) the characteristics that the 
automated decision system measures 
or is intended to measure, such as the 
knowledge, skills, or abilities of the 
covered individual; 
(III) how such characteristics re-
late or would relate to any function 
required for the work or potential 
work of the covered individual; 
(IV) how the system measures or 
is intended to measure such charac-
teristics; and 
(V) how the covered individual 
can interpret the automated decision 
system output in plain language; 
(iii) the identity of the individual or 
entity that operates the automated decision 
system that provides such an automated 
decision system output; 
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(iv) how the employer uses or intends 
to use such an automated decision system 
output in making such an employment-re-
lated decision; and 
(v) how the covered individual may 
dispute or appeal an employment-related 
decision made with respect to the covered 
individual using an automated decision sys-
tem output. 
(B) TIMING OF NOTICE.— 
(i) INITIAL
DISCLOSURE.—An em-
ployer shall provide the disclosure required 
under subparagraph (A)— 
(I) in the case of a covered indi-
vidual for whom an employment-re-
lated decision with regard to the hir-
ing of the covered individual— 
(aa) was made before the 
date of enactment of this Act, to 
the covered individual not later 
than 30 days after such date of 
enactment; or 
(bb) is made on or after the 
date of enactment of this Act, to 
the covered individual, except as 
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provided in subclause (II), prior 
to making such employment-re-
lated decision; and 
(II) in the case of a candidate 
who applies to the employer on or 
after the date of enactment of this 
Act, prior to accepting an application 
by the candidate to be employed by, 
or otherwise perform work for remu-
neration for, the employer. 
(ii) SUBSEQUENT DISCLOSURES.—Not 
later than 30 days after any information 
provided by an employer to a covered indi-
vidual through a disclosure required under 
clause (ii) or (iv) of subparagraph (A) sig-
nificantly changes or after any significant 
new information required to be provided in 
such a disclosure becomes available, the 
employer shall provide the covered indi-
vidual with an updated disclosure. 
(3) TRAINING.—An employer that uses or in-
tends to use an automated decision system output in 
making an employment-related decision with respect 
to a covered individual shall train any individual or 
entity that operates the automated decision system 
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SEC. 4. ESTABLISHMENT OF TECHNOLOGY AND WORKER 
PROTECTION DIVISION. 
(a) IN GENERAL.—There is established in the De-
partment of Labor the Technology and Worker Protection 
Division. 
(b) ADMINISTRATOR
OF
THE TECHNOLOGY
AND 
WORKER PROTECTION DIVISION.—The President shall 
appoint an Administrator of the Technology and Worker 
Protection Division to head the Technology and Worker 
Protection Division. 
(c) EMPLOYEES AND ADVISORY BOARDS OF THE DI-
VISION.— 
(1) IN GENERAL.—The Administrator— 
(A) may select, appoint, and employ, with-
out regard to the provisions of sections 3309 
through 3318 of title 5, United States Code, in-
dividuals, including technologists, directly to po-
sitions in the competitive service, as defined in 
section 2102 of such title, to carry out the du-
ties of the Administrator under this Act; and 
(B) may fix the compensation of the indi-
viduals described in subparagraph (A) without 
regard to chapter 51 and subchapter III of 
chapter 53 of title 5, United States Code, relat-
ing to classification of positions and General 
Schedule pay rates, except that the rate of pay 
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for such individuals may not exceed the rate 
payable for level V of the Executive Schedule 
under section 5316 of that title. 
(2) ADVISORY BOARDS.— 
(A) ESTABLISHMENT.—The Administrator 
shall establish the following advisory boards to 
advise and consult with in the exercise of the 
functions of the Administrator under this Act 
and to provide information on emerging prac-
tices relating to the treatment of data by em-
ployers: 
(i) The User Advisory Board, which 
shall be comprised of experts in consumer 
protection, privacy, civil rights, disability 
rights, labor organizations, and ethics. 
(ii) The Research Advisory Board, 
which shall be comprised of individuals 
with academic and research expertise in 
privacy, cybersecurity, computer science, 
innovation, design, ethics, economics, civil 
rights law, disability law, labor organiza-
tions and public policy and representatives 
of labor organizations. 
(iii) The Product Advisory Board, 
which shall be comprised of technologists, 
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computer scientists, designers, product 
managers, attorneys, representatives of 
labor organizations, workplace technology 
experts, accessibility experts, and other 
representatives of employers and employ-
ees. 
(iv) The Labor Advisory Board, which 
shall be comprised of representatives of 
labor organizations and representatives of 
workers. 
(B) APPOINTMENTS.—The Administrator 
shall appoint members to the advisory boards 
established under subparagraph (A) without re-
gard to party affiliation. 
(C) MEETINGS.—Each advisory board es-
tablished under subparagraph (A) shall meet— 
(i) at the call of the Administrator; 
and 
(ii) not less than 2 times annually. 
(D) COMPENSATION
AND
TRAVEL
EX-
PENSES.—A member of an advisory board es-
tablished under subparagraph (A) who is not an 
officer or employee of the Federal Government 
shall— 
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(i) be entitled to receive compensation 
at a rate fixed by the Administrator while 
attending meetings of the advisory board, 
including travel time; and 
(ii) receive travel expenses, including 
per diem in lieu of subsistence, in accord-
ance with applicable provisions under sub-
chapter I of chapter 57 of title 5, United 
States Code. 
(E) EXEMPTION FROM THE FEDERAL AD-
VISORY COMMITTEE ACT.—Each advisory board 
established under subparagraph (A) shall be ex-
empt from chapter 10 of title 5, United States 
Code. 
(3) USE OF VOLUNTARY SERVICES.—The Ad-
ministrator may, as may from time to time be need-
ed, use any voluntary or uncompensated services. 
(4) ATTORNEYS.—Attorneys appointed under 
this subsection may appear for and represent the 
Administrator in any litigation. 
(d) OFFICES.— 
(1) IN GENERAL.—The principal office of the 
Technology and Worker Protection Division shall be 
in the District of Columbia. 
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(2) REGIONAL, LOCAL, AND OTHER OFFICES.— 
The Administrator may establish regional, local, or 
other offices, including an office in the city of San 
Francisco, California or the San Francisco Bay area 
in California. 
SEC. 5. REGULATIONS. 
(a) IN GENERAL.— 
(1) AUTHORITY.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), the Secretary, acting through 
the Administrator, may prescribe such regula-
tions as may be necessary to carry out this Act 
with respect to covered individuals described in 
section 2(4)(A) (other than covered individuals 
described in clauses (iii) through (v) of such 
section) and other individuals affected by em-
ployers described in subclause (I) or (II) of sec-
tion 2(6)(A)(i), including individuals who are 
covered individuals described in section 2(4)(B) 
with respect to such employers. 
(B) CONSULTATION.—In prescribing any 
regulations authorized under this paragraph, 
the Secretary, acting through the Adminis-
trator, may consult with— 
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(i) Federal agencies that have juris-
diction over Federal privacy laws or exper-
tise in privacy, including the Federal 
Trade Commission; 
(ii) Federal agencies that have juris-
diction over labor and employment issues, 
including the Equal Employment Oppor-
tunity Commission, the National Science 
Foundation, and the National Labor Rela-
tions Board; and 
(iii) any other Federal agencies with 
relevant expertise, including the United 
States Access Board and the Office of 
Science and Technology Policy. 
(2) GOVERNMENT ACCOUNTABILITY OFFICE; LI-
BRARY OF CONGRESS.—The Comptroller General of 
the United States and the Librarian of Congress 
shall prescribe any regulations described in para-
graph (1)(A) with respect to covered individuals of 
the Government Accountability Office and the Li-
brary of Congress, respectively, and other individuals 
affected by the Comptroller General of the United 
States and the Librarian of Congress, respectively. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
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(1) AUTHORITY.—Not later than 45 days after 
the Secretary prescribes any regulation under sub-
section (a)(1)(A), the Board of Directors of the Of-
fice of Compliance shall prescribe (in accordance 
with section 304 of the Congressional Accountability 
Act of 1995 (2 U.S.C. 1384)) such regulations as 
may be necessary to carry out this Act with respect 
to 
covered 
individuals 
described 
in 
section 
2(4)(A)(iii) and other individuals affected by em-
ployers described in section 2(6)(A)(i)(III), including 
individuals who are covered individuals described in 
section 2(4)(B) with respect to such employers. 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary under subsection (a)(1)(A) except insofar as 
the Board may determine, for good cause shown and 
stated together with the regulations prescribed 
under paragraph (1), that a modification of such 
regulations would be more effective for the imple-
mentation of the rights and protections involved 
under this section. 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
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(1) AUTHORITY.—Not later than 45 days after 
the Secretary prescribes any regulation under sub-
section (a)(1)(A), the President (or the designee of 
the President) shall prescribe such regulations as 
may be necessary to carry out this Act with respect 
to 
covered 
individuals 
described 
in 
section 
2(4)(A)(iv) and other individuals affected by employ-
ers described in section 2(6)(A)(i)(IV), including in-
dividuals who are covered individuals described in 
section 2(4)(B) with respect to such employers. 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary under subsection (a)(1)(A) except insofar as 
the President (or designee) may determine, for good 
cause shown and stated together with the regula-
tions prescribed under paragraph (1), that a modi-
fication of such regulations would be more effective 
for the implementation of the rights and protections 
involved under this section. 
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.— 
(1) AUTHORITY.—Not later than 45 days after 
the Secretary prescribes any regulation under sub-
section (a)(1)(A), the Director of the Office of Per-
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sonnel Management shall prescribe such regulations 
as may be necessary to carry out this Act with re-
spect to covered individuals described in section 
2(4)(A)(v) and other individuals affected by employ-
ers described in section 2(6)(A)(i)(V), including indi-
viduals who are covered individuals described in sec-
tion 2(4)(B) with respect to such employers. 
(2) AGENCY
REGULATIONS.—The regulations 
prescribed under paragraph (1) shall be the same as 
substantive regulations promulgated by the Sec-
retary under subsection (a)(1)(A) except insofar as 
the Director may determine, for good cause shown 
and stated together with the regulations prescribed 
under paragraph (1), that a modification of such 
regulations would be more effective for the imple-
mentation of the rights and protections involved 
under this section. 
SEC. 6. WHISTLEBLOWER PROTECTIONS. 
No employer shall discriminate or retaliate (including 
through intimidation, threats, coercion, or harassment) 
against any covered individual of the employer— 
(1) for exercising, or attempting to exercise, 
any right provided under this Act; or 
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(2) because the covered individual (or another 
individual acting at the request of the covered indi-
vidual) has— 
(A) filed a written or oral complaint to the 
employer or a Federal, State, or local govern-
ment entity of a violation of section 3; 
(B) sought assistance or intervention with 
respect to a worker privacy-related concern 
from the employer, a Federal, State, or local 
government, or a worker representative; 
(C) instituted, caused to be instituted, or 
otherwise participated in any inquiry or pro-
ceeding under or related to this Act; 
(D) given, or is about to give, any informa-
tion in connection with any inquiry or pro-
ceeding relating to any right provided under 
this Act; or 
(E) testified, or is about to testify, in any 
inquiry or proceeding relating to any right pro-
vided under this Act. 
SEC. 7. ENFORCEMENT. 
(a) IN GENERAL.— 
(1) DEFINITION.—For purposes of this sub-
section: 
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(A) COVERED
INDIVIDUAL.—The term 
‘‘covered individual’’ means a covered indi-
vidual— 
(i) described in section 2(4)(A) (other 
than covered individuals described in 
clauses (iii) through (v) of such section); or 
(ii) described in section 2(4)(B) with 
respect to an employer. 
(B) EMPLOYER.—The term ‘‘employer’’ 
means an employer described in subclause (I) 
or (II) of section 2(6)(A)(i). 
(2) ENFORCEMENT BY THE TECHNOLOGY AND 
WORKER PROTECTION DIVISION.— 
(A) INVESTIGATION.— 
(i) IN GENERAL.—To ensure compli-
ance with the provisions of this Act, or any 
regulation or order issued under this Act, 
the Secretary, acting through the Adminis-
trator— 
(I) may investigate and gather 
data regarding the wages, hours, and 
other conditions and practices of em-
ployment in any industry subject to 
this Act, and may enter and inspect 
any place or record (and make such 
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transcriptions thereof), question any 
covered individual, and investigate any 
facts, conditions, practices, or matters 
as the Secretary may deem necessary 
or appropriate to determine whether 
an employer has violated any provi-
sion of this Act, or which may aid in 
the enforcement of the provisions of 
this Act; and 
(II) may require, by general or 
special orders, an employer, to file 
with the Secretary, in such form as 
the Secretary may prescribe, annual 
or special reports or answers in writ-
ing to specific questions, furnishing to 
the Secretary such information or 
records as the Secretary may require 
as to the organization, business, con-
duct, practices, management, and re-
lation to other corporations, partner-
ships, and individuals, of the em-
ployer. 
(ii) REPORTS AND ANSWERS.—An em-
ployer shall file the reports and answers 
(including information and records) re-
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quired under clause (i)(II) in such manner, 
including under oath or otherwise, and 
within such reasonable time period as the 
Secretary may require. 
(iii) 
JOINT
INVESTIGATIONS.—The 
Secretary, acting through the Adminis-
trator, may conduct investigations and 
make requests for information, as author-
ized under this Act, on a joint basis with 
another Federal agency, a State attorney 
general, or a State agency. 
(iv) OBLIGATION TO KEEP, PRESERVE, 
AND MAKE AVAILABLE RECORDS.—An em-
ployer shall make, keep, preserve, and 
make available to the Secretary records 
pertaining to compliance with this Act in 
accordance with section 11(c) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 
211(c)) and in accordance with any regula-
tion or order issued by the Secretary. 
(B) ENFORCEMENT.—With respect to em-
ployers and covered individuals, the Secretary, 
acting through the Administrator, shall receive, 
investigate, and attempt to resolve complaints 
of violations of section 3 or 6 in the same man-
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ner that the Secretary receives, investigates, 
and attempts to resolve complaints of violations 
of sections 6 and 7 of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 206 and 207). 
(C) 
REFERRAL
FOR
CRIMINAL
PRO-
CEEDINGS.—If the Secretary, in the course of 
the performance of any act or duty under this 
Act, obtains evidence that any employer has en-
gaged in conduct that may constitute a viola-
tion of Federal criminal law, the Secretary shall 
refer the matter to the Attorney General for 
prosecution under any applicable law. Nothing 
in this paragraph shall affect any other author-
ity of the Secretary to disclose information. 
(D) LITIGATION.—The Solicitor of Labor 
may appear for and represent the Secretary on 
any litigation brought under this subsection. 
(3) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.— 
(i) COVERED
INDIVIDUAL.—Notwith-
standing any action by the Secretary under 
paragraph (2)(B), any covered individual 
adversely affected by an alleged violation of 
section 3 or 6, may commence a civil ac-
tion against any person that violates such 
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section in any Federal court of competent 
jurisdiction. 
(ii) LABOR ORGANIZATION.—Notwith-
standing any action by the Secretary under 
paragraph (2)(B), any labor organization 
adversely affected by an alleged violation of 
3 or 6 may commence a civil action against 
any person that violates such section in 
any Federal court of competent jurisdic-
tion. 
(B) RELIEF.— 
(i) IN
GENERAL.—In a civil action 
brought under subparagraph (A) in which 
the covered individual or labor organization 
prevails, the court may award the covered 
individual or labor organization— 
(I) damages of— 
(aa) an amount equal to the 
sum of any actual damages sus-
tained by the covered individual; 
or 
(bb) not more than treble 
damages; 
(II) statutory damages described 
in clause (iv); 
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(III) injunctive relief; and 
(IV) equitable relief. 
(ii) ATTORNEY’S FEES.—In a civil ac-
tion brought under subparagraph (A) in 
which the covered individual or labor orga-
nization prevails, the court shall award the 
covered individual or labor organization 
reasonable attorney’s fees and litigation 
costs. 
(iii) TEMPORARY RELIEF FOR WHIS-
TLEBLOWERS.—In a civil action brought 
under subparagraph (A) regarding a viola-
tion of section 6, the court may award the 
covered individual or labor organization 
temporary relief while the case is pending, 
including reinstatement. 
(iv) 
STATUTORY
DAMAGES.—The 
court may, in accordance with clause (v), 
award statutory damages under clause 
(i)(II) against a person in the following 
amounts: 
(I) USING AN AUTOMATED DECI-
SION
SYSTEM
FOR
PROHIBITED
AC-
TIVITIES.—For each violation of sec-
tion 3 by an employer with respect to 
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a covered individual, the court may, 
subject to clause (vi), award— 
(aa) damages of an amount 
not less than $5,000 and not 
more than $20,000; or 
(bb) for any willful or re-
peated violation by the employer, 
damages of an amount not less 
than $10,000 and not more than 
$40,000. 
(II) RETALIATION ON WHISTLE-
BLOWERS.—For each violation of sec-
tion 6, the court may, subject to 
clause (vi), award— 
(aa) damages of an amount 
not less than $5,000 and not 
more than $50,000; or 
(bb) for any willful or re-
peated violation, damages of an 
amount not less than $10,000 
and not more than $100,000. 
(v) CONSIDERATIONS FOR STATUTORY 
DAMAGES.—In determining the amount of 
statutory damages assessed under clause 
(iv), the court shall consider any relevant 
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