S. 4833

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4833 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4833

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 18, 2026

Mr. Markey (for himself, Mr. Schatz, Mr. Sanders, Ms. Baldwin, Ms. 
Warren, Mr. Blumenthal, and Mr. Fetterman) introduced the following 
bill; which was read twice and referred to the Committee on Health, 
Education, Labor, and Pensions

_______________________________________________________________________

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) Adverse work action.--The term ``adverse work action'', 
with respect to a covered individual, means a change by the 
employer of the covered individual in the compensation, terms, 
conditions, or privileges of the job of the covered individual 
that puts the covered individual in a materially adverse 
position than prior to the change, including a termination, 
reduction in benefits, disciplinary action, demotion, transfer, 
imposition of a work schedule more burdensome to the covered 
individual, reduction of scheduled hours, adjustment in the 
ability for a promotion, or other modifications to the 
compensation, terms, conditions, or privileges of the job of 
the covered individual.
(2) Applicant.--The term ``applicant'', 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.
(3) Automated decision system.--
(A) In general.--The term ``automated decision 
system'' means any system, software, or process 
(including one derived from machine learning, 
statistics, or other data processing or artificial 
intelligence techniques and excluding passive computing 
infrastructure) that uses computation to produce a 
prediction, score, ranking, recommendation, decision, 
evaluation, metric, conclusion, inference, or profile.
(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.
(4) Covered individual.--The term ``covered individual'', 
with respect to an employer, means an individual--
(A) who is employed by, or otherwise performs 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 (9)(A);
(ii) any individual performing work for 
remuneration for an entity described in clauses 
(i)(II) and (ii) of paragraph (9)(A);
(iii) any individual performing work for 
remuneration for an employing office described 
in clauses (i)(III) and (ii) of paragraph 
(9)(A);
(iv) any individual performing work for 
remuneration for an employing office described 
in clauses (i)(IV) and (ii) of paragraph 
(9)(A); or
(v) any individual performing work for 
remuneration for an employing agency described 
in clauses (i)(V) and (ii) of paragraph (9)(A) 
who is not covered under clause (iv); or
(B) who is an applicant with respect to the 
employer.
(5) Developer.--
(A) In general.--Except as provided in subparagraph 
(B), the term ``developer'', with respect to an 
automated decision system that is intended or 
reasonably likely to be used by an employer to make a 
work-related decision, means any person that designs, 
codes, customizes, produces, or substantially modifies 
the automated decision system, including such a person 
that is the employer.
(B) Assumption of responsibility by employer.--If 
an employer assumes the responsibility of a person that 
would otherwise be a developer of an automated decision 
system as described in section 5(b)(2)(B), the person 
shall not be considered a developer for purposes of the 
use by the employer of the automated decision system 
and the employer shall be considered a developer for 
such purposes.
(C) Rule of construction.--Subparagraph (A) or (B) 
shall not be interpreted to mean that an employer may 
not also be a developer described in such subparagraph 
or that such a developer may not also be an employer.
(6) Director.--The term ``Director'' means the Director of 
the Fairness and Transparency Office established under section 
6.
(7) Disparate impact.--
(A) In general.--The term ``disparate impact'' 
means an unjustified differential effect on an 
individual or group of individuals on the basis of an 
actual or perceived protected characteristic.
(B) Unjustified differential effect.--For purposes 
of subparagraph (A), with respect to the action, 
policy, or practice of an employer, a differential 
effect is unjustified if--
(i) the developer or employer fails to 
demonstrate that such action, policy, or 
practice causing the differential effect is 
necessary to achieve a substantial, legitimate, 
and nondiscriminatory interest; or
(ii) in the event the employer demonstrates 
such interest, an alternative action, policy, 
or practice could serve such interest with less 
differential effect.
(C) Application to automated decision system.--With 
respect to demonstrating that an automated decision 
system causes or contributes to a differential effect, 
the automated decision system is presumed to be not 
separable for analysis and may be analyzed holistically 
as a single action, policy, or practice, unless the 
developer or employer proves that the automated 
decision system is separable by a preponderance of the 
evidence.
(8) Egregious misconduct.--The term ``egregious 
misconduct'', with respect to a covered individual, means 
deliberate or grossly negligent conduct that endangers the 
safety or well-being of the covered individual, co-workers of 
the covered individual, customers, or other persons, including 
discrimination against or harassment of co-workers, customers, 
or other persons.
(9) 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 or worker advocacy organization 
(other than when a labor organization or worker 
advocacy organization is acting as an employer) 
or anyone acting in the capacity of officer or 
agent of such labor organization or worker 
advocacy 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).
(10) 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.
(11) 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).
(12) 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.
(13) Personal data.--The term ``personal data''--
(A) means information that identifies or is linked 
or reasonably linkable, alone or in combination with 
other information, to an individual or an individual's 
device; and
(B) includes derived data and unique persistent 
identifiers.
(14) 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.
(15) 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.
(16) Protected characteristic.--The term ``protected 
characteristic'' means any of the following actual or perceived 
traits of an individual or group of individuals:
(A) Race.
(B) Color.
(C) Ethnicity.
(D) National origin, nationality, or immigration 
status.
(E) Religion.
(F) Sex (including a sex stereotype, pregnancy, 
childbirth, or a related medical condition, sexual 
orientation or gender identity, and sex 
characteristics, including intersex traits).
(G) Disability.
(H) Limited English proficiency.
(I) Biometric information.
(J) Familial or marital status.
(K) Source of income.
(L) Income level (not including the ability to pay 
for a specific good or service being offered).
(M) Age.
(N) Veteran status.
(O) Genetic information or medical conditions.
(P) Any other classification protected by Federal 
law.
(17) Secretary.--The term ``Secretary'' means the Secretary 
of Labor.
(18) 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.
(19) 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.
(20) 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.
(21) Tribal government.--The term ``Tribal government'' 
means the recognized governing body of an Indian Tribe.
(22) Work-related decision.--The term ``work-related 
decision'' includes a decision by an employer with regard to--
(A) hiring or engaging a covered individual 
(including any decision with regard to recruiting, 
screening, interviewing, reviewing, or selecting an 
applicant);
(B) firing, retaining, taking a disciplinary action 
against, demoting, deactivating, or reassigning duties 
of a covered individual; or
(C) any other term, condition, or privilege of 
employment or other work of the covered individual, 
such as relating to wages, wage setting, work hours, 
scheduling, attendance requirements, workload, 
performance standards, assignment of work, access to 
work and training opportunities, productivity 
requirements, promotion, workplace health and safety, 
health care or long-term care coverage, or other 
benefits.

SEC. 3. USE OF AN AUTOMATED DECISION SYSTEM BY AN EMPLOYER.

(a) Work-Related Decisions.--
(1) In general.--An employer--
(A) may not rely predominantly on an automated 
decision system in making a work-related decision with 
respect to a covered individual; and
(B) may not use an automated decision system in a 
manner that would--
(i) prevent compliance with, or result in a 
violation of, any Federal, State, or local 
labor, occupational safety and health, 
employment, or civil rights law, including 
regulation;
(ii) prevent compliance with any right of a 
covered individual to reasonable accommodations 
or nondiscrimination as required by Federal, 
State, or local law; or
(iii) prevent or discourage a covered 
individual from exercising any right under the 
National Labor Relations Act (29 U.S.C. 151 et 
seq.) or any similar rights under any other 
Federal, State, or local law.
(2) Disclosures.--
(A) In general.--An employer that uses or intends 
to use an automated decision system in making a work-
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 in making such 
a work-related decision;
(ii) a description and explanation of the 
automated decision system, 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;
(V) any performance standards or 
metrics used as inputs or produced as 
outputs of the automated decision 
system; and
(VI) how the covered individual can 
interpret the output of such automated 
decision system in plain language;
(iii) the identity of the individual or 
entity that operates the automated decision 
system;
(iv) how the employer uses or intends to 
use such an automated decision system in making 
such a work-related decision;
(v) how the covered individual may dispute 
or appeal a work-related decision made with 
respect to the covered individual using an 
automated decision system; and
(vi) the trade name of the automated 
decision system.
(B) Timing of disclosures.--
(i) Disclosures with regard to hiring and 
processing applications.--
(I) In general.--An employer shall 
provide a disclosure required under 
subparagraph (A) to the covered 
individual--
(aa) in the case of a 
covered individual for whom a 
work-related decision with 
regard to the hiring of the 
covered individual--

(AA) was made on or 
after the date that is 
5 years prior to the 
date of enactment of 
this Act, but before 
such date of enactment, 
not later than 30 days 
after such date of 
enactment; or

(BB) except as 
provided in item (bb), 
is made on or after the 
date of enactment of 
this Act, prior to 
making such work-
related decision; and

(bb) in the case of an 
applicant who applies to the 
employer on or after the date 
of enactment of this Act, prior 
to processing an application by 
the applicant to be employed 
by, or otherwise perform work 
for remuneration for, the 
employer.
(II) Employers needing information 
for prior work-related decisions.--With 
respect to a disclosure described in 
subclause (I)(aa)(AA), in the case of 
an employer that did not maintain, 
prior to the date of enactment of this 
Act, all of the information described 
in subparagraph (A) required for such a 
disclosure, the employer shall--
(aa) provide the disclosure 
in accordance with this 
paragraph with respect to as 
much information described in 
subparagraph (A) as the 
employer did maintain; and
(bb) inform the covered 
individual in accordance with 
such subclause that the 
employer did not maintain 
records of the other 
information required under such 
subparagraph.
(ii) Other disclosures.--
(I) In general.--With respect to 
any work-related decision not described 
in clause (i) that is made on or after 
the date of enactment of this Act, an 
employer shall provide the disclosure 
required under subparagraph (A) prior 
to making such work-related decision.
(II) Adverse work actions.--
Notwithstanding subclause (I), in the 
case the work-related decision 
described in such subclause is for an 
adverse work action against the covered 
individual, the disclosure described in 
such subclause shall be required at 
least 7 days prior to taking the 
adverse work action.
(iii) Updated disclosures.--With respect to 
a covered individual for whom an employer 
provided a disclosure under subparagraph (A), 
the employer shall provide the covered 
individual with an updated disclosure--
(I) not less than 7 days before 
implementing changes to practices 
disclosed under clause (ii) or (iv) of 
subparagraph (A); or
(II) immediately upon significant 
new information required to be provided 
in such a disclosure becoming 
available.
(C) Exceptions.--
(i) In general.--Notwithstanding any 
provision in this paragraph, no disclosure is 
required under this paragraph for any work-
related decision made prior to the date of 
enactment of this Act, except for such a 
decision with regard to the hiring of a covered 
individual that is made not prior to the date 
that is 5 years before the date of enactment of 
this Act as described in subparagraph 
(B)(i)(I)(aa)(AA).
(ii) Egregious misconduct.--Notwithstanding 
any provision in this paragraph, in the case a 
covered individual engages in egregious 
misconduct, an employer may issue a disclosure 
under this paragraph for a work-related 
decision made by the employer with respect to 
such egregious misconduct after the employer 
makes such work-related decision.
(3) Training.--An employer that uses or intends to use an 
automated decision system in making a work-related decision 
with respect to a covered individual shall train any individual 
or entity that operates the automated decision system on the 
use of such system, including on--
(A) the input information used by such automated 
decision system;
(B) the appeals process for the output of such an 
automated decision system;
(C) potential biases in automated decision systems;
(D) any limitations of the automated decision 
system, including intended use cases, known performance 
issues outside of those use cases, and proper 
interpretation of outputs;
(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, such as misinterpretation of outputs 
or exclusive reliance on outputs to make a decision.
(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 instead 
be managed through a human manager who is able to make work-related 
decisions with respect to the covered individual.
(c) Applicant Opt Out.--An employer shall enable applicants to opt 
out of having application materials screened, reviewed, or processed by 
an automated decision system and instead be screened, reviewed, or 
processed by a human, including in cases in which the employer engages 
a third party to screen, review, or process application materials.

SEC. 4. PREDEPLOYMENT EVALUATIONS AND POST-DEPLOYMENT IMPACT 
ASSESSMENTS.

(a) Predeployment Evaluations.--
(1) For developers.--Before a developer deploys, licenses, 
or offers an automated decision system (including deploying a 
material change to a previously deployed automated decision 
system or a material change made prior to deployment) that is 
intended or reasonably likely to be used to make a work-related 
decision, the developer of the automated decision system shall 
conduct a predeployment evaluation that--
(A) includes a detailed review of the automated 
decision system; and
(B) results in a report, sufficient for an 
individual having ordinary skill in the art to 
understand the functioning, risks, uses, benefits, 
limitations, and other pertinent attributes of the 
automated decision system, that includes--
(i) a description of the automated decision 
system's design and methodology, including the 
inputs the automated decision system is 
designed to use to produce an output and the 
outputs the automated decision system is 
designed to produce for purposes of specific 
work-related decisions;
(ii) a description of how the automated 
decision system was created and tested, 
including--
(I) any metric used to test the 
performance of the automated decision 
system;
(II) defined benchmarks and goals 
that correspond to such metrics, 
including whether there was sufficient 
representation of demographic groups 
that are reasonably likely to use or be 
affected by the automated decision 
system in the data used to create or 
train the automated decision system, 
and whether there was reasonable 
testing, if any, across such 
demographic groups;
(III) the outputs the automated 
decision system actually produces in 
testing;
(IV) a description of any 
consultation with relevant 
stakeholders, including covered 
individuals that will be impacted by 
the automated decision system, 
regarding the development of the 
automated decision system or a 
disclosure that no such consultation 
occurred;
(V) any computational algorithm 
incorporated into the development of 
the automated decision system and a 
description of the training process for 
such algorithm including the training, 
validation, and test data used to 
confirm the intended outputs; and
(VI) a description of the data and 
information used to develop, test, 
maintain, or update the automated 
decision system, including--
(aa) each type of personal 
data used, each source from 
which the personal data was 
collected, and how each type of 
personal data was inferred and 
processed;
(bb) the legal 
authorization for collecting 
and processing the personal 
data; and
(cc) an explanation of how 
the data (including personal 
data) used is representative, 
proportional, and appropriate 
to the development and intended 
uses of the automated decision 
system;
(iii) a description of--
(I) the potential for the automated 
decision system to pose risks to 
workers' rights, including with respect 
to the privacy, physical and mental 
health and safety, dignity, and 
autonomy of workers or to result in the 
chilling of legally protected activity 
(including organizing and collective 
bargaining); and
(II) any potential economic impact 
of the automated decision system on 
workers, such as with respect to wages, 
hours, schedules, benefits, skills 
training, work opportunities, and 
advancement;
(iv) a description of the potential for the 
automated decision system to discriminate, 
including by having a disparate impact on the 
equal enjoyment of goods, services, or other 
activities or opportunities, and a description 
of such discrimination; and
(v) a description of alternative practices 
and recommendations to prevent or mitigate 
risks to workers' rights and recommendations 
for how the developer could monitor for risks 
to workers' rights after offering, licensing, 
or deploying the automated decision system.
(2) For employers.--Before an employer deploys an automated 
decision system (including deploying a material change to a 
previously deployed automated decision system or a material 
change made prior to deployment) that is intended or reasonably 
likely to be used to make a work-related decision, the employer 
shall conduct a predeployment evaluation that--
(A) includes a detailed review of the automated 
decision system; and
(B) results in a report, sufficient for an 
individual having ordinary skill in the art to 
understand the functioning, risks, uses, benefits, 
limitations, and other pertinent attributes of the 
automated decision system, that includes--
(i) a description of the manner in which 
the automated decision system may be used to 
make or contribute to a work-related decision 
and the purpose for which the automated 
decision system will be deployed;
(ii) a description of the necessity and 
proportionality of the automated decision 
system in relation to its planned use, 
including the intended benefits and limitations 
of the automated decision system and a 
description of the baseline process being 
enhanced or replaced by the automated decision 
system, if applicable;
(iii) a description of the inputs to the 
automated decision system that the employer 
plans to use to produce an output, including--
(I) the type of personal data and 
information used and how the personal 
data and information will be collected, 
inferred, and processed;
(II) the legal authorization for 
collecting and processing the personal 
data; and
(III) an explanation of how the 
data used is representative, 
proportional, and appropriate to the 
deployment of the automated decision 
system;
(iv) a description of the outputs the 
automated decision system is expected to 
produce and the outputs the automated decision 
system actually produces in testing;
(v) a description of any additional testing 
or training completed by the employer for the 
context in which the automated decision system 
will be deployed;
(vi) a description of any consultation with 
relevant stakeholders, including covered 
individuals that will be impacted by the 
automated decision system, regarding the 
deployment of the automated decision system;
(vii) a description of--
(I) the potential for the automated 
decision system to pose risks to 
workers' rights, including with respect 
to the privacy, physical and mental 
health and safety, dignity, and 
autonomy of workers or to result in the 
chilling of legally protected activity 
(including organizing and collective 
bargaining); and
(II) any potential economic impact 
of the automated decision system on 
workers, such as with respect to wages, 
hours, schedules, benefits, skills 
training, work opportunities, and 
advancement;
(viii) a description of the potential for 
the automated decision system to discriminate, 
including by having a disparate impact on the 
equal enjoyment of goods, services, or other 
activities or opportunities, and a description 
of such discrimination; and
(ix) a description of alternative practices 
and recommendations to prevent or mitigate 
risks to workers' rights and recommendations 
for how the employer could monitor for risks to 
workers' rights after offering, licensing, or 
deploying the automated decision system.
(3) Effective date.--The requirements for predeployment 
evaluations under paragraphs (1) and (2) shall only apply with 
respect to the deployment, licensing, or offering of any 
automated decision system that occurs on or after the date of 
enactment of this Act.
(b) Employer Annual Impact Assessment.--An employer that deploys an 
automated decision system used to make a work-related decision in any 
year shall conduct an impact assessment of the automated decision 
system with respect to the use of such system in such year in 
accordance with the following:
(1) Impact assessment.--The employer shall--
(A) conduct a full impact assessment on the 
automated decision system with respect to the year, 
including the information described in paragraph (2) as 
relevant; and
(B) prepare a report on such assessment, 
including--
(i) a description of the extent to which 
the automated system during the year infringed 
on the rights of any worker, including with 
respect to the privacy, physical and mental 
health and safety, dignity, and autonomy of 
workers or to result in the chilling of legally 
protected activity (including organizing and 
collective bargaining), or had an economic 
impact on any worker, such as with respect to 
wages, hours, schedules, benefits, skills 
training, work opportunities, and advancement;
(ii) a description of the extent to which 
the automated decision system produced a 
disparate impact in the equal enjoyment of 
goods, services, or other activities or 
opportunities, including the methodology for 
such evaluation, of how the automated decision 
system produced or likely produced such 
disparity;
(iii) a description of the types of data 
input into the automated decision system during 
the reporting period to produce an output, 
including--
(I) documentation of how data input 
into the automated decision system to 
produce an output is represented and 
complete descriptions of each field of 
data; and
(II) whether and to what extent the 
data input into the automated decision 
system to produce an output was used to 
modify the automated decision system;
(iv) whether and to what extent the 
automated decision system produced the outputs 
it was expected to produce; and
(v) a detailed description of how the 
automated decision system was used to make a 
work-related decision.
(2) Employers with a deployed automated decision system.--
An employer that deployed an automated decision system used to 
make a work-related decision before the date of enactment of 
this Act and has not otherwise conducted a predeployment 
evaluation under subsection (a) or a review under this 
paragraph with respect to the automated decision system shall--
(A) conduct a detailed review of the automated 
decision system; and
(B) include in the first impact assessment of such 
automated decision system under paragraph (1) a report, 
sufficient for an individual having ordinary skill in 
the art to understand the functioning, risks, uses, 
benefits, limitations, and other pertinent attributes 
of the automated decision system, that includes--
(i) a description of the manner in which 
the automated decision system may be used to 
make or contribute to a work-related decision 
and the purpose for which the automated 
decision system will be deployed;
(ii) a description of the necessity and 
proportionality of the automated decision 
system in relation to its planned use, 
including the intended benefits and limitations 
of the automated decision system and a 
description of the baseline process being 
enhanced or replaced by the automated decision 
system, if applicable; and
(iii) a description of the inputs to the 
automated decision system that the employer 
plans to use to produce an output, including--
(I) the type of personal data and 
information used and how the personal 
data and information will be collected, 
inferred, and processed;
(II) the legal authorization for 
collecting and processing the personal 
data; and
(III) an explanation of how the 
data used is representative, 
proportional, and appropriate to the 
deployment of the automated decision 
system.
(3) Report.--Not later than 30 days after the completion of 
a report on an impact assessment under paragraph (1)(B), an 
employer shall submit to the developer of the automated 
decision system a summary of such report.
(c) Developer Annual Review of Assessments.--A developer of an 
automated decision system used by an employer in any year to make a 
work-related decision shall review each impact assessment summary 
submitted by an employer under subsection (b)(3) with respect to such 
system in such year for the following:
(1) To assess how the employer is using the automated 
decision system, including the methodology for assessing such 
use.
(2) To assess the type of data the employer is inputting 
into the automated decision system to produce an output and the 
types of outputs the automated decision system is producing.
(3) To assess whether the employer is complying with any 
relevant contractual agreement with the developer and whether 
any remedial action is necessary.
(4) To compare the automated decision system's performance 
in real-world conditions versus any predeployment testing 
available, including the methodology used to evaluate such 
performance.
(5) To assess whether the automated decision system 
infringed on workers' rights or is reasonably likely to be 
infringing on workers' rights.
(6) To assess whether and, if so, how the automated 
decision system is causing, or is reasonably likely to be 
causing, a disparate impact in the equal enjoyment of goods, 
services, or other activities or opportunities.
(7) To determine whether the automated decision system 
needs modification.
(8) To determine whether any other action is appropriate to 
ensure that the automated decision system remains safe and 
effective.
(d) Joint Developer and Employer Obligations.--If a person is both 
the developer of an automated decision system and an employer deploying 
an automated decision system, the person may conduct combined 
predeployment evaluations and annual assessments, provided that each 
combined evaluation or assessment satisfies all requirements for both 
developers and employers.
(e) Relationships Between Developers and Employer.--The developer 
of an automated decision system shall, upon the reasonable request of 
an employer using the automated decision system, make available to the 
employer information necessary for the employer to demonstrate 
compliance with the requirements of this Act, including--
(1) making available to the employer a report on the 
predeployment evaluation required under subsection (a) or the 
annual review of assessments conducted by the developer under 
subsection (c); and
(2) providing information necessary to enable the employer 
to conduct and document a predeployment evaluation under 
subsection (a) or an impact assessment under subsection (b).
(f) Reporting and Retention Requirements.--
(1) Reporting.--A developer or employer that conducts a 
predeployment evaluation, impact assessment, or developer 
annual review of assessments under this section shall--
(A) not later than 30 days after completion of such 
evaluation, assessment, or review, submit the 
evaluation, assessment, or review to the Fairness and 
Transparency Office of the Department of Labor;
(B) upon request, make the completed evaluation, 
assessment, or review available to Congress; and
(C) not later than 30 days after such completion--
(i) publish a summary of the evaluation, 
assessment, or review on the website of the 
developer or employer in a manner that is 
easily accessible to individuals; and
(ii) submit such summary to the Fairness 
and Transparency Office of the Department of 
Labor.
(2) Retention.--A developer or employer shall retain all 
evaluations, assessments, and reviews conducted under this 
section for a period of not fewer than 10 years after the 
completion of the evaluation, assessment, or review.
(3) Trade secrets and privacy.--A developer or employer--
(A) may redact and segregate any trade secret (as 
defined in section 1839 of title 18, United States 
Code) from public disclosure in the summary published 
and submitted under paragraph (1)(C); and
(B) shall redact and segregate personal data from 
public disclosure in such summary.
(g) Rulemaking.--
(1) Authority.--The Director of the Fairness and 
Transparency Office of the Department of Labor may, in 
accordance with section 553 of title 5, United States Code, 
promulgate such rules as may be necessary to carry out this 
section.
(2) Additional regulations.--Not later than 2 years after 
the date of enactment of this Act, the Director of the Fairness 
and Transparency Office shall--
(A) promulgate rules, pursuant to section 553 of 
title 5, United States Code, specifying--
(i) what information and factors a 
developer or employer shall consider in making 
the predeployment evaluation required under 
subsection (a);
(ii) what information a developer or 
employer shall include in a summary of an 
evaluation, assessment, or review described in 
subsection (f)(1)(C); and
(iii) the extent to and process by which a 
developer may request additional information 
from a employer for purposes of the review 
under subsection (c), including the purposes 
for which a developer is permitted to use such 
additional information; and
(B) in promulgating such rules, consider the need 
to protect the privacy of personal data, as well as the 
need for information sharing by developers and 
employers to comply with this section and inform the 
public.

SEC. 5. AUTOMATED DECISION SYSTEM STANDARDS.

(a) Automated Decision System Use.--A developer of an automated 
decision system that is intended or reasonably likely to be used to 
make a work-related decision and each employer using such automated 
decision system shall--
(1) take reasonable measures to prevent and mitigate any 
risks to workers' rights from the automated decision system 
that are identified by a predeployment evaluation under section 
4(a) or an impact assessment under section 4(b);
(2) consult stakeholders, including stakeholders 
representing any community that will be impacted by the 
automated decision system, regarding the development or 
deployment of the automated decision system; and
(3) certify to the Director before deploying, licensing, or 
offering the automated decision system that, based on the 
results of the predeployment evaluation under section 4(a) or 
an impact assessment under section 4(b), use of the automated 
decision system is not likely to result in--
(A) risk to workers' rights, including with respect 
to the privacy, physical and mental health and safety, 
dignity, and autonomy of workers; or
(B) the chilling of legally protected activity 
(including with respect to organizing and collective 
bargaining).
(b) Off-Label Use.--
(1) Developers.--A developer of an automated decision 
system may not knowingly offer or license the automated 
decision system for use in producing outputs for purposes of 
any work-related decision other than those described in the 
predeployment evaluation under section 4(a).
(2) Employers.--
(A) In general.--Except as provided in subparagraph 
(B), an employer may not knowingly use an automated 
decision system to produce outputs for purposes of a 
work-related decision other than for purposes of a 
work-related decision that is described in the 
predeployment evaluation under such section by the 
developer of the automated decision system.
(B) Assumption of responsibility.--An employer that 
intends to use an automated decision system to produce 
an output for purposes of a work-related decision that 
is not described in the predeployment evaluation under 
such section by the developer of the automated decision 
system shall assume the responsibilities of the 
developer required by this Act (other than with respect 
to conducting a review of assessments under section 
4(c)) with respect to the use by the employer of the 
automated decision system.

SEC. 6. ESTABLISHMENT OF FAIRNESS AND TRANSPARENCY OFFICE.

(a) In General.--There is established in the Wage and Hour Division 
of the Department of Labor the Fairness and Transparency Office.
(b) Director.--The President shall appoint a Director of the 
Fairness and Transparency Office to head the Fairness and Transparency 
Office.
(c) Employees and Advisory Boards of the Office.--
(1) In general.--The Director--
(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 Director 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 Director shall establish 
advisory boards to advise and consult with in the 
exercise of the functions of the Director under this 
Act and to provide information on emerging practices 
relating to the treatment of data by employers that are 
the following:
(i) The User Advisory Board, which shall be 
comprised of experts in consumer protection, 
privacy, civil rights, disability rights, labor 
organizations and worker advocacy 
organizations, and ethics.
(ii) The Research Advisory Board, which 
shall be comprised of--
(I) individuals with academic and 
research expertise in privacy, 
cybersecurity, computer science, 
innovation, design, ethics, economics, 
civil rights law, disability law, labor 
organizations and worker advocacy 
organizations, and public policy; and
(II) representatives of labor 
organizations and worker advocacy 
organizations.
(iii) The Product Advisory Board, which 
shall be comprised of technologists, computer 
scientists, designers, product managers, 
attorneys, representatives of labor 
organizations and worker advocacy 
organizations, workplace technology experts, 
accessibility experts, and other 
representatives of employers and workers.
(iv) The Labor Advisory Board, which shall 
be comprised of--
(I) representatives of labor 
organizations and worker advocacy 
organizations; and
(II) representatives of workers.
(B) Appointments.--The Director shall appoint 
members to the advisory boards established under 
subparagraph (A) without regard to party affiliation.
(C) Meetings.--Each advisory board established 
under subparagraph (A) shall meet--
(i) at the call of the Director; and
(ii) not less than 2 times annually.
(D) 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 Director 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.
(E) 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 Director 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 Director in any litigation.
(d) Offices.--
(1) In general.--The principal office of the Fairness and 
Transparency Office shall be in the District of Columbia.
(2) Regional, local, and other offices.--The Director 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. 7. REGULATIONS.

(a) In General.--
(1) Authority.--
(A) In general.--Except as provided in paragraph 
(2), the Secretary, acting through the Director, 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(9)(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 Director, 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) Individuals 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(9)(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) Individuals 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(9)(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) Individuals 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(9)(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. 8. WHISTLEBLOWER PROTECTIONS.

An employer may not 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) made 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;
(E) testified, or is about to testify, in any 
inquiry or proceeding relating to any right provided 
under this Act; or
(F) refused to follow the output of an automated 
decision system when exercising professional judgement.

SEC. 9. ENFORCEMENT.

(a) In General.--
(1) Definition.--Notwithstanding section 2, 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(9)(A)(i).
(2) Enforcement by the fairness and transparency office.--
(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 Director--
(I) may investigate and gather data 
regarding the wages, hours, and other 
conditions and practices of employment 
(and other work) 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 Director, 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 
Director, shall receive, investigate, and attempt to 
resolve complaints of violations of section 3, 4, 5, or 
8 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 individuals.--Notwithstanding 
any action by the Secretary under paragraph 
(2)(B), any covered individual adversely 
affected by an alleged violation of section 3, 
4, 5, or 8, may commence a civil action against 
any person that violates such section in any 
Federal court of competent jurisdiction.
(ii) Labor organizations and worker 
advocacy organizations.--Notwithstanding any 
action by the Secretary under paragraph (2)(B), 
any labor organization or worker advocacy 
organization may, on behalf of a covered 
individual adversely affected by an alleged 
violation of section 3, 4, 5, or 8, 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, labor organization, or worker 
advocacy organization prevails, the court may 
award the covered individual, labor 
organization, or worker advocacy organization--
(I) damages of an amount equal to 
the sum of any actual damages sustained 
by the covered individual; or
(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, labor organization, or 
worker advocacy organization prevails, the 
court shall award the covered individual, labor 
organization, or worker advocacy 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 8, the court may award the covered 
individual, labor organization, or worker 
advocacy 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 8, 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 2027 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) Remedies for state workers.--
(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 or worker advocacy organization on 
behalf of 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 or worker advocacy 
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).
(D) Remedies for tribal government workers.--
(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 or 
worker advocacy organization on behalf of 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 or 
worker advocacy 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) Individuals 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, 4, 5, or 8 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(9)(A)(i)(III).
(c) Individuals 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, 
4, 5, or 8 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(9)(A)(i)(IV).
(d) Individuals 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, 4, 5, or 8 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(9)(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, 4, 5, or 8, 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 
a violation of this Act, including 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, 4, 5, or 8--
(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 a covered individual or other serious 
economic harm to a covered individual 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.--
(1) In general.--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, 4, 5, or 8.
(2) Arbitration pursuant to a collective bargaining 
agreement.--Nothing in this subsection shall limit the 
enforceability of any arbitration provision in a collective 
bargaining agreement between an employer and a labor 
organization or worker advocacy organization.

SEC. 10. COORDINATION.

In carrying out this Act, the Secretary, acting through the 
Director, shall coordinate with any appropriate Federal agency or State 
regulator to promote consistent regulatory treatment of automated 
decision systems.

SEC. 11. RELATION TO OTHER LAWS.

Except as explicitly provided otherwise in this Act, nothing in 
this Act, including any regulations promulgated under 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. 12. RELATION TO COLLECTIVE BARGAINING AGREEMENTS.

(a) Rule of Construction.--Nothing in this Act, including any 
regulations promulgated under this Act, shall be construed to supersede 
or preempt employment or other work terms or conditions agreed upon in 
collective bargaining agreements that are more protective of or more 
beneficial to a covered individual than otherwise required pursuant to 
this Act, including any regulation promulgated under this Act.
(b) Requirement for Notice and Bargaining.--An employer shall 
provide advance notice to the relevant collective bargaining units or 
the representative of any covered individuals of the employer for 
purposes of collective bargaining and bargain in good faith with such 
units or representative over the decision to implement and effects of 
implementing any policy, practice, or automated decision system covered 
by this Act.

SEC. 13. 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 Act 
to all other persons or circumstances shall not be affected thereby.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Secretary to carry 
out this Act $100,000,000 for each of fiscal years 2027 through 2036.
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