circumstances presented by the parties to 
the action, including— 
(I) the nature and seriousness of 
the violation; 
(II) the number of violations; 
(III) the persistence of the mis-
conduct; 
(IV) the length of time over 
which the misconduct occurred; 
(V) the willfulness of the mis-
conduct of the employer; and 
(VI) the assets, liabilities, and 
net worth of the employer. 
(vi) ADJUSTMENT FOR INFLATION.— 
The dollar amounts referred to subclauses 
(I) and (II) of clause (iv) shall be in-
creased annually, for fiscal year 2025 and 
every fiscal year thereafter, by the percent 
increase, if any, in the consumer price 
index for all urban consumers for the most 
recent 12-month period for which applica-
ble data is available. 
(C) RIGHTS OF THE SECRETARY AND A 
STATE ATTORNEY GENERAL.—Prior to an cov-
ered individual or labor organization bringing a 
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civil action under subparagraph (A), such cov-
ered individual or labor organization shall, in 
writing, notify the Secretary and any relevant 
State attorney general of the intent to com-
mence such civil action. Upon receiving such 
notice, the Secretary and State attorney general 
shall each, not later than 60 days after receiv-
ing such notice— 
(i) determine whether to intervene in 
such action and, upon intervening— 
(I) be heard on all matters aris-
ing in such action; and 
(II) file petitions for appeal of a 
decision in such action; and 
(ii) notify such covered individual or 
labor organization. 
(D) REMEDIES FOR STATE EMPLOYEES.— 
(i) WAIVER
OF
SOVEREIGN
IMMU-
NITY.—A State’s receipt or use of Federal 
financial assistance for any program or ac-
tivity of a State shall constitute a waiver 
of sovereign immunity, under the 11th 
Amendment to the Constitution of the 
United States or otherwise, to a suit 
brought by a covered individual of that 
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program or activity, or a labor organiza-
tion representing such a covered individual, 
under this paragraph for equitable, legal, 
or other relief authorized under this para-
graph. 
(ii) OFFICIAL CAPACITY.—An official 
of a State may be sued in the official ca-
pacity of the official by any covered indi-
vidual or such a labor organization who 
has complied with the procedures under 
this paragraph, for injunctive relief that is 
authorized under this paragraph. In such a 
suit the court may award to the prevailing 
party those costs authorized by section 722 
of the Revised Statutes (42 U.S.C. 1988). 
(iii) APPLICABILITY.—With respect to 
a particular program or activity, clause (i) 
applies to conduct that occurs— 
(I) after the date of enactment of 
this Act; and 
(II) on or after the day on which 
a State first receives or uses Federal 
financial assistance for that program 
or activity. 
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(iv) DEFINITION OF PROGRAM OR AC-
TIVITY.—In this subparagraph, the term 
‘‘program or activity’’ has the meaning 
given the term in section 606 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d–4a). 
(E) REMEDIES FOR TRIBAL GOVERNMENT 
EMPLOYEES.— 
(i) WAIVER
OF
SOVEREIGN
IMMU-
NITY.—A Tribal government’s receipt or 
use of Federal financial assistance for any 
program or activity of the Tribal govern-
ment shall constitute a waiver of sovereign 
immunity to a suit brought by a covered 
individual of that program or activity, or a 
labor organization representing such a cov-
ered individual, under this paragraph for 
equitable, legal, or other relief authorized 
under this paragraph. 
(ii) OFFICIAL CAPACITY.—An official 
of a Tribal government may be sued in the 
official capacity of the official by any cov-
ered individual or such a labor organiza-
tion who has complied with the procedures 
under this paragraph for injunctive relief 
that is authorized under this paragraph. In 
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such a suit the court may award to the 
prevailing party those costs authorized by 
section 722 of the Revised Statutes (42 
U.S.C. 1988). 
(iii) APPLICABILITY.—With respect to 
a particular program or activity, clause (i) 
applies to conduct that occurs— 
(I) after the date of enactment of 
this Act; and 
(II) on or after the day on which 
a Tribal government first receives or 
uses Federal financial assistance for 
that program or activity. 
(iv) DEFINITION OF PROGRAM OR AC-
TIVITY.—In this subparagraph, the term 
‘‘program or activity’’ has the meaning 
given the term in section 606 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d–4a). 
(4) ENFORCEMENT BY THE GOVERNMENT AC-
COUNTABILITY
OFFICE
AND
LIBRARY
OF
CON-
GRESS.—Notwithstanding any other provision of this 
subsection, in the case of the Government Account-
ability Office and the Library of Congress, the au-
thority of the Secretary under this subsection shall 
be exercised respectively by the Comptroller General 
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of the United States and the Librarian of Congress, 
respectively. 
(b) EMPLOYEES COVERED BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.—The powers, remedies, and 
procedures provided in the Congressional Accountability 
Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as de-
fined in section 101 of that Act (2 U.S.C. 1301)), or any 
person, alleging a violation of section 202(a)(1) of that 
Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, 
and procedures this Act provides to that Board, or any 
person, with regard to an allegation of a violation of sec-
tion 3 or 6 against a covered individual described in sec-
tion 2(4)(A)(iii) or described in section 2(4)(B) with re-
spect to an employer described in section 2(6)(A)(i)(III). 
(c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United States 
Code, to the President, the Merit Systems Protection 
Board, or any person, alleging a violation of section 
412(a)(1) of that title, shall be the powers, remedies, and 
procedures this Act provides to the President, that Board, 
or any person, respectively, with regard to an allegation 
of a violation of section 3 or 6 against a covered individual 
described in section 2(4)(A)(iv) or described in section 
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2(4)(B) with respect to an employer described in section 
2(6)(A)(i)(IV). 
(d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 
5, UNITED STATES CODE.—The powers, remedies, and 
procedures provided in title 5, United States Code, to an 
employing agency, provided in chapter 12 of that title to 
the Merit Systems Protection Board, or provided in that 
title to any person, alleging a violation of chapter 63 of 
that title, shall be the powers, remedies, and procedures 
this Act provides to that agency, that Board, or any per-
son, respectively, with regard to an allegation of a viola-
tion of section 3 or 6 against a covered individual de-
scribed in section 2(4)(A)(v) or described in section 
2(4)(B) with respect to an employer described in section 
2(6)(A)(i)(V). 
(e) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—In any case in which a State 
attorney general or a State privacy regulator has 
reason to believe that an interest of the residents of 
a State has been or is adversely affected by any per-
son who violates any provision of section 3 or 6, in-
cluding a regulation or order prescribed under this 
Act, the State attorney general or State privacy reg-
ulator, as parens patriae, may bring a civil action on 
behalf of the residents of the State in an appropriate 
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State court or an appropriate district court of the 
United States to— 
(A) enjoin further violation of such provi-
sion by the person; 
(B) compel compliance with such provision; 
(C) obtain damages (including statutory 
damages described in paragraph (4)), civil pen-
alties, restitution, or other compensation on be-
half of the residents of the State; or 
(D) obtain reasonable attorney’s fees and 
other litigation costs reasonably incurred. 
(2) RIGHTS OF AGENCY.—Before initiating a 
civil action under paragraph (1), the State attorney 
general or State privacy regulator, as the case may 
be, shall notify the Secretary in writing of such civil 
action. Upon receiving such notice, the Secretary 
may— 
(A) intervene in such action; and 
(B) upon intervening— 
(i) be heard on all matters arising in 
such civil action; and 
(ii) file petitions for appeal of a deci-
sion in such action. 
(3) PREEMPTIVE ACTION BY AGENCY.—In any 
case in which a civil action is instituted by or on be-
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half of the Secretary for violation of this Act or a 
regulation promulgated under this Act, a State at-
torney general or State privacy regulator may not, 
during the pendency of such action, institute a civil 
action against any defendant named in the com-
plaint in the action instituted by or on behalf of the 
Secretary for a violation that is alleged in such com-
plaint. In a case brought by the Secretary that af-
fects the interests of a State, the State attorney gen-
eral or State privacy regulator may intervene as of 
right pursuant to the Federal Rules of Civil Proce-
dure. 
(4) STATUTORY DAMAGES.—In a civil action in-
stituted under paragraph (1), a court may award 
statutory damages under paragraph (1)(C) against a 
person for a violation of any provision of section 3 
or 6— 
(A) in an amount not more than $50,000 
for each such violation; or 
(B) in the case of such a violation that re-
sults in the discharge of an employee or other 
serious economic harm to an employee by such 
a person who has, within the preceding 5 years, 
committed another such violation resulting in 
such a discharge or other serious economic 
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harm, not more than $100,000 for each such 
violation. 
(5) PRESERVATION
OF
STATE
POWERS.—Ex-
cept as provided in paragraph (3), no provision of 
this subsection shall be construed as altering, lim-
iting, or affecting the authority of a State attorney 
general or State privacy regulator to— 
(A) bring an action or other regulatory 
proceeding arising solely under the laws in ef-
fect in that State; or 
(B) exercise the powers conferred on the 
State attorney general or State privacy regu-
lator by the laws of the State, including the 
ability to conduct investigations, administer 
oaths or affirmations, or compel the attendance 
of witnesses or the production of documentary 
or other evidence. 
(f) ARBITRATION
AND CLASS ACTION.—Notwith-
standing any other provision of law, no predispute arbitra-
tion agreement or predispute joint-action waiver shall be 
valid or enforceable with respect to any alleged violation 
of section 3 or 6. 
SEC. 8. COORDINATION. 
In carrying out this Act, the Secretary, acting 
through the Administrator, shall coordinate with any ap-
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propriate Federal agency or State regulator to promote 
consistent regulatory treatment of automated decision sys-
tems. 
SEC. 9. RELATION TO OTHER LAWS. 
Except as explicitly provided otherwise in this Act, 
nothing in this Act shall be construed to preempt, modify, 
limit, or supersede— 
(1) any provision of Federal or State law; or 
(2) the authority of the Federal Trade Commis-
sion, Equal Employment Opportunity Commission, 
National Labor Relations Board, or any other Fed-
eral agency. 
SEC. 10. SEVERABILITY. 
If any provision of this Act or the application of such 
provision to any person or circumstance is held to be un-
constitutional, the remainder of this Act and the applica-
tion of the provisions of such to all other persons or cir-
cumstances shall not be affected thereby. 
Æ 
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