H.R. 6371

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6371 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 6371

To prohibit certain uses of automated decision systems by employers, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 3, 2025

Ms. Bonamici (for herself, Mr. Deluzio, and Mr. Moylan) introduced the 
following bill; which was referred to the Committee on Education and 
Workforce, and in addition to the Committees on House Administration, 
and Oversight and Government Reform, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To prohibit certain uses of automated decision systems by employers, 
and for other purposes.

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 ``No Robot Bosses Act''.

SEC. 2. DEFINITIONS.

For purposes of this Act:
(1) Automated decision system.--
(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 implementation, or 
collect data or observations, including such a 
system, software, or process derived from 
machine learning, statistics, or other data 
processing or artificial intelligence 
techniques; and
(ii) is not passive computing 
infrastructure.
(B) Passive computing infrastructure.--For purposes 
of this paragraph, the term ``passive computing 
infrastructure'' means any intermediary technology that 
does not influence 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, networking, 
caching, data storage, or cybersecurity.
(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 applies, 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 performing 
work for remuneration for, the employer, 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);
(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 described 
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 employee 
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 Accountability 
Act of 1995 (2 U.S.C. 1301);
(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 
affecting commerce (including government).
(B) Covered employer.--In subparagraph (A), the 
term ``covered employer''--
(i) means any person engaged in commerce or 
in any industry or activity affecting commerce 
who employs, or otherwise engages for the 
performance of work for remuneration, 11 or 
more covered individuals;
(ii) includes--
(I) any person who acts, directly 
or indirectly, in the interest of a 
covered employer in relation to any 
individual performing work for 
remuneration for such covered employer;
(II) any successor in interest of a 
covered employer;
(III) any public agency; and
(IV) the Government Accountability 
Office and the Library of Congress; and
(iii) does not include any labor 
organization (other than when acting as an 
employer) 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 considered 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 Standards Act of 1938 (29 U.S.C. 
203).
(7) Employment-related decision.--The term ``employment-
related decision'' includes a decision by an employer with 
regard to--
(A) hiring a covered individual (including any 
decision with regard to recruiting, screening, 
interviewing, or selecting a candidate);
(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 individual, such as 
relating to pay, scheduling, health care or long-term 
care coverage, benefits, or hours worked or promoting a 
covered individual.
(8) Government entity.--The term ``government entity'' 
means--
(A) a Federal agency (as such term is defined in 
section 3371 of title 5, United States Code);
(B) a State or political subdivision thereof;
(C) any agency, authority, or instrumentality of a 
State or political subdivision thereof; or
(D) a Tribal government or political subdivision 
thereof.
(9) Indian tribe.--The term ``Indian Tribe'' means any 
Indian or Alaska Native tribe, band, nation, pueblo, village, 
community, component band, or component reservation 
individually identified (including parenthetically) in the list 
published most recently as of the date of enactment of this Act 
pursuant to section 104 of the Federally Recognized Indian 
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 include--
(A) any organization composed of labor 
organizations, such as a labor union federation or a 
State or municipal labor body; and
(B) any organization which would be included in the 
definition for such term under such section 2(5) but 
for the fact that the organization represents--
(i) individuals employed by the United 
States, any wholly owned Government 
corporation, 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 agricultural 
laborers.
(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 agreement.
(12) Predispute joint-action waiver.--The term ``predispute 
joint-action waiver'' means an agreement, whether or not part 
of a predispute arbitration agreement, that would prohibit, or 
waive the right of, one of the parties to the agreement to 
participate in a joint, class, or collective action in a 
judicial, arbitral, administrative, or other forum, concerning 
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 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 official or agency 
designated by the Tribal government 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.
(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 automated 
decision system in making an employment-related 
decision with respect to a covered individual; and
(B) may not use an automated decision system output 
in making an employment-related decision with respect 
to a covered individual unless--
(i) the automated decision system used to 
generate such automated decision system output 
has had pre-deployment testing and validation 
with respect to--
(I) the efficacy of the system;
(II) the compliance of the system 
with applicable employment 
discrimination laws, including--
(aa) title VII of the Civil 
Rights Act of 1964 (42 U.S.C. 
2000e et seq.);
(bb) the Age Discrimination 
in Employment Act of 1967 (29 
U.S.C. 621 et seq.);
(cc) title I of the 
Americans with Disabilities Act 
of 1990 (42 U.S.C. 12111 et 
seq.);
(dd) title II of the 
Genetic Information 
Nondiscrimination Act of 2008 
(42 U.S.C. 2000ff et seq.);
(ee) section 6(d) of the 
Fair Labor Standards Act of 
1938 (29 U.S.C. 206(d));
(ff) sections 501 and 505 
of the Rehabilitation Act of 
1973 (29 U.S.C. 791; 793); and
(gg) the Pregnant Workers 
Fairness Act (division II of 
the Consolidated Appropriations 
Act, 2023 (Public Law 117-
328));
(III) the lack of any potential 
discriminatory impact of the system, 
including discriminatory impact based 
on race, color, religion, sex 
(including pregnancy, sexual 
orientation, or gender identity), 
national origin, age, or disability and 
genetic information (including family 
medical history); and
(IV) the compliance of the system 
with the Artificial Intelligence Risk 
Management Framework released by the 
National Institute of Standards and 
Technology on January 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 decision;
(v) the employer independently 
corroborates, via meaningful oversight by a 
human with appropriate and relevant experience, 
such automated decision system output;
(vi) not later than 7 days after making 
such an employment-related decision, the 
employer provides full, accessible, and 
meaningful documentation in plain language to 
such covered individual (at no cost to such 
covered individual) on the automated decision 
system output, including--
(I) a description of the automated 
decision system used to generate such 
automated decision system output;
(II) a description and explanation, 
in plain language, of the input data to 
such automated decision system used to 
generate such automated decision system 
output and a machine-readable copy of 
such data;
(III) a description and explanation 
of how such automated decision system 
output was used in making such 
employment-related decision; and
(IV) the reasoning for the use of 
such automated decision system output 
in such employment-related decision; 
and
(vii) the employer enables the covered 
individual to, after receiving such 
documentation--
(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 experience; 
and
(II) appeal such employment-related 
decision to a human with appropriate 
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 decision 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 output in 
making such an employment-related decision;
(ii) a description and explanation of the 
automated decision system used or intended to 
be used to generate such automated 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 
relate 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 
characteristics; 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;
(iv) how the employer uses or intends to 
use such an automated decision system output in 
making such an employment-related 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 system output.
(B) Timing of notice.--
(i) Initial disclosure.--An employer shall 
provide the disclosure required under 
subparagraph (A)--
(I) in the case of a covered 
individual for whom an employment-
related decision with regard to the 
hiring 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 provided in subclause 
(II), prior to making such 
employment-related 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 remuneration 
for, the employer.
(ii) Subsequent disclosures.--Not later 
than 30 days after any information provided by 
an employer to a covered individual through a 
disclosure required under clause (ii) or (iv) 
of subparagraph (A) significantly changes or 
after any significant new information required 
to be provided in such a disclosure becomes 
available, the employer shall provide the 
covered individual with an updated disclosure.
(3) Training.--An employer that uses or intends 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 that provides such an automated decision system 
output or uses such automated decision system output on the use 
of such system, including on--
(A) the input information used by such automated 
decision system;
(B) the appeals process for such an automated 
decision system output;
(C) potential biases in automated decision systems;
(D) any limitations of the automated decision 
system;
(E) any potential adverse effects to covered 
individuals due to the automated decision system;
(F) any potential errors or problems related to the 
automated decision system; and
(G) examples of inappropriate uses of the automated 
decision system.
(b) Management by an Automated Decision System.--An employer that 
manages a covered individual through an automated decision system shall 
enable the covered individual to opt out of such management and be 
managed through a human manager who is able to make employment-related 
decisions with respect to the covered individual.

SEC. 4. ESTABLISHMENT OF TECHNOLOGY AND WORKER PROTECTION DIVISION.

(a) In General.--There is established in the Department 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 Division.--
(1) In general.--The Administrator--
(A) may select, appoint, and employ, without regard 
to the provisions of sections 3309 through 3318 of 
title 5, United States Code, individuals, including 
technologists, directly to positions in the competitive 
service, as defined in section 2102 of such title, to 
carry out the duties of the Administrator under this 
Act; and
(B) may fix the compensation of the individuals 
described in subparagraph (A) without regard to chapter 
51 and subchapter III of chapter 53 of title 5, United 
States Code, relating to classification of positions 
and General Schedule pay rates, except that the rate of 
pay 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 practices relating to the treatment of data 
by employers:
(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 organizations and public 
policy and representatives of labor 
organizations.
(iii) The Product Advisory Board, which 
shall be comprised of technologists, computer 
scientists, designers, product managers, 
attorneys, representatives of labor 
organizations, workplace technology experts, 
accessibility experts, and other 
representatives of employers and employees.
(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 regard to party affiliation.
(C) Representation from across regions and 
sectors.--In appointing members to each advisory board 
established under subparagraph (A), the Administrator 
shall ensure that the membership of such boards 
includes individuals who--
(i) represent a range of geographic regions 
of the United States and its territories, 
including rural, suburban, and urban areas;
(ii) provide perspectives and expertise 
from employers of varying sizes, including 
small- and medium-sized businesses;
(iii) include individuals with scientific 
expertise relevant to the use of automated 
decision systems in the workplace; and
(iv) reflect experience from distinct 
sectors of the economy and worker protection 
fields to ensure that the advisory boards 
collectively consider the interests of 
employees and employers across all major 
industries and regions.
(D) Meetings.--Each advisory board established 
under subparagraph (A) shall meet--
(i) at the call of the Administrator; and
(ii) not less than 2 times annually.
(E) Compensation and travel expenses.--A member of 
an advisory board established under subparagraph (A) 
who is not an officer or employee of the Federal 
Government shall--
(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 accordance with 
applicable provisions under subchapter I of 
chapter 57 of title 5, United States Code.
(F) Exemption from the federal advisory committee 
act.--Each advisory board established under 
subparagraph (A) shall be exempt from chapter 10 of 
title 5, United States Code.
(3) Use of voluntary services.--The Administrator may, as 
may from time to time be needed, 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.
(2) Regional, local, and other offices.--The Administrator 
may establish regional, local, or other offices.

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 regulations 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 
employers described in subclause (I) or (II) of section 
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 Administrator, may consult with--
(i) Federal agencies that have jurisdiction 
over Federal privacy laws or expertise in 
privacy, including the Federal Trade 
Commission;
(ii) Federal agencies that have 
jurisdiction over labor and employment issues, 
including the Equal Employment Opportunity 
Commission, the National Science Foundation, 
and the National Labor Relations 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; library of 
congress.--The Comptroller General of the United States and the 
Librarian of Congress shall prescribe any regulations described 
in paragraph (1)(A) with respect to covered individuals of the 
Government Accountability Office and the Library 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 Accountability Act of 
1995.--
(1) Authority.--Not later than 45 days after the Secretary 
prescribes any regulation under subsection (a)(1)(A), the Board 
of Directors of the Office 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 employers 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 Secretary 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 implementation of the rights and protections 
involved under this section.
(c) Employees Covered by Chapter 5 of Title 3, United States 
Code.--
(1) Authority.--Not later than 45 days after the Secretary 
prescribes any regulation under subsection (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 employers described in 
section 2(6)(A)(i)(IV), 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 Secretary under subsection (a)(1)(A) except 
insofar as the President (or designee) 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 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 subsection (a)(1)(A), the 
Director of the Office of Personnel Management shall prescribe 
such regulations as may be necessary to carry out this Act with 
respect to covered individuals described in section 2(4)(A)(v) 
and other individuals affected by employers described in 
section 2(6)(A)(i)(V), 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 Secretary 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 implementation 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
(2) because the covered individual (or another individual 
acting at the request of the covered individual) has--
(A) filed a written or oral complaint to the 
employer or a Federal, State, or local government 
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 proceeding 
under or related to this Act;
(D) given, or is about to give, any information in 
connection with any inquiry or proceeding 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 provided 
under this Act.

SEC. 7. ENFORCEMENT.

(a) In General.--
(1) Definition.--For purposes of this subsection:
(A) Covered individual.--The term ``covered 
individual'' means a covered individual--
(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 compliance with 
the provisions of this Act, or any regulation 
or order issued under this Act, the Secretary, 
acting through the Administrator--
(I) may investigate and gather data 
regarding the wages, hours, and other 
conditions and practices of employment 
in any industry subject to this Act, 
and may enter and inspect any place or 
record (and make such 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 provision 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 writing 
to specific questions, furnishing to 
the Secretary such information or 
records as the Secretary may require as 
to the organization, business, conduct, 
practices, management, and relation to 
other corporations, partnerships, and 
individuals, of the employer.
(ii) Reports and answers.--An employer 
shall file the reports and answers (including 
information and records) required 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 Administrator, may conduct 
investigations and make requests for 
information, as authorized 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 employer 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 regulation 
or order issued by the Secretary.
(B) Enforcement.--With respect to employers 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 manner that the Secretary receives, 
investigates, and attempts to resolve complaints of 
violations of sections 6 and 7 of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206 and 207).
(C) Referral for criminal proceedings.--If the 
Secretary, in the course of the performance of any act 
or duty under this Act, obtains evidence that any 
employer has engaged in conduct that may constitute a 
violation 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 authority 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.--Notwithstanding 
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 action against any 
person that violates such section in any 
Federal court of competent jurisdiction.
(ii) Labor organization.--Notwithstanding 
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 jurisdiction.
(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 
sustained by the covered 
individual; or
(bb) not more than treble 
damages;
(II) statutory damages described in 
clause (iv);
(III) injunctive relief; and
(IV) equitable relief.
(ii) Attorney's fees.--In a civil action 
brought under subparagraph (A) in which the 
covered individual or labor organization 
prevails, the court shall award the covered 
individual or labor organization reasonable 
attorney's fees and litigation costs.
(iii) Temporary relief for 
whistleblowers.--In a civil action brought 
under subparagraph (A) regarding a violation 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 decision 
system for prohibited activities.--For 
each violation of section 3 by an 
employer with respect to 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 
repeated violation by the 
employer, damages of an amount 
not less than $10,000 and not 
more than $40,000.
(II) Retaliation on 
whistleblowers.--For each violation of 
section 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 
repeated 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 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 
misconduct;
(IV) the length of time over which 
the misconduct occurred;
(V) the willfulness of the 
misconduct 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 increased annually, for 
fiscal year 2026 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 applicable data is available.
(C) Rights of the secretary and a state attorney 
general.--Prior to an covered individual or labor 
organization bringing a civil action under subparagraph 
(A), such covered individual or labor organization 
shall, in writing, notify the Secretary and any 
relevant State attorney general of the intent to 
commence such civil action. Upon receiving such notice, 
the Secretary and State attorney general shall each, 
not later than 60 days after receiving such notice--
(i) determine whether to intervene in such 
action and, upon intervening--
(I) be heard on all matters arising 
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 immunity.--A 
State's receipt or use of Federal financial 
assistance for any program or activity 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 program or activity, or a labor 
organization representing such a covered 
individual, under this paragraph for equitable, 
legal, or other relief authorized under this 
paragraph.
(ii) Official capacity.--An official of a 
State may be sued in the official capacity of 
the official by any covered individual 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.
(iv) Definition of program or activity.--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 immunity.--A Tribal 
government's receipt or use of Federal 
financial assistance for any program or 
activity of the Tribal government 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 covered 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 covered 
individual 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 
Tribal government first receives or 
uses Federal financial assistance for 
that program or activity.
(iv) Definition of program or activity.--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 accountability office and 
library of congress.--Notwithstanding any other provision of 
this subsection, in the case of the Government Accountability 
Office and the Library of Congress, the authority of the 
Secretary under this subsection shall be exercised respectively 
by the Comptroller General of the United States and the 
Librarian of Congress, respectively.
(b) Employees Covered by Congressional Accountability 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 defined 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 section 3 or 6 against a covered individual described in 
section 2(4)(A)(iii) or described in section 2(4)(B) with respect 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 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 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)(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 person who violates any provision of 
section 3 or 6, including a regulation or order prescribed 
under this Act, the State attorney general or State privacy 
regulator, as parens patriae, may bring a civil action on 
behalf of the residents of the State in an appropriate State 
court or an appropriate district court of the United States 
to--
(A) enjoin further violation of such provision by 
the person;
(B) compel compliance with such provision;
(C) obtain damages (including statutory damages 
described in paragraph (4)), civil penalties, 
restitution, or other compensation on behalf 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 
decision in such action.
(3) Preemptive action by agency.--In any case in which a 
civil action is instituted by or on behalf of the Secretary for 
violation of this Act or a regulation promulgated under this 
Act, a State attorney general or State privacy regulator may 
not, during the pendency of such action, institute a civil 
action against any defendant named in the complaint in the 
action instituted by or on behalf of the Secretary for a 
violation that is alleged in such complaint. In a case brought 
by the Secretary that affects the interests of a State, the 
State attorney general or State privacy regulator may intervene 
as of right pursuant to the Federal Rules of Civil Procedure.
(4) Statutory damages.--In a civil action instituted 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 results 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 
harm, not more than $100,000 for each such violation.
(5) Preservation of state powers.--Except as provided in 
paragraph (3), no provision of this subsection shall be 
construed as altering, limiting, 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 effect in that State; 
or
(B) exercise the powers conferred on the State 
attorney general or State privacy regulator 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.--Notwithstanding any other 
provision of law, no predispute arbitration 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 appropriate Federal agency or 
State regulator to promote consistent regulatory treatment of automated 
decision systems.

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 Commission, Equal 
Employment Opportunity Commission, National Labor Relations 
Board, or any other Federal 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 unconstitutional, the 
remainder of this Act and the application of the provisions of such to 
all other persons or circumstances shall not be affected thereby.
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