,i #aahth ,,congress #b;d ,session ,h4 ,r4 #gfba ,,in ,,the ,,house ,,of ,,representatives ,march #ab1 #bjbd,ms4 ,bonamici 7for herself and ,mr4 ,deluzio7 introduced the following bill2 which was referred to the ,committee on ,education and the ,workforce1 and in addition to the ,committees on ,house ,administration1 and ,oversight and ,accountability1 for a period to be subsequently determined by the ,speaker1 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 employers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,robot ,bosses ,act4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,automated decision system 7,a7 ,in general ,the term automated decision system means a system1 software1 or process that-- 7i7 uses computation1 in whole or in part1 to determine outcomes1 make or aid decisions 7including through evaluations1 metrics1 or scoring71 inform policy implementation1 or collect data or observations1 including such a system1 software1 or process derived from machine learning1 statistics1 or other data processing or artificial intelligence techniques2 and 7ii7 is not passive computing infrastructure4 7,b7 ,passive computing infrastructure ,for purposes of this paragraph1 the term passive computing infrastructure means any intermediary technology that does not influence or determine the outcome of a decision1 make or aid in a decision 7including through evaluations1 metrics1 or scoring71 inform policy implementation1 or collect data or observations1 including web hosting1 domain registration1 networking1 caching1 data storage1 or cybersecurity4 7#b7 ,automated decision system output ,the term automated decision system output means any information1 assumption1 prediction1 score1 recommendation1 decision1 evaluation1 metric1 conclusion1 inference1 or profile generated by an automated decision system4 7#c7 ,candidate ,the term candidate1 with respect to an employer1 means an individual who applies1 or applied1 to be employed by1 or otherwise perform work for remuneration for1 the employer4 7#d7 ,covered individual ,the term covered individual1 with respect to an employer1 means an individual-- 7,a7 who is employed by1 or otherwise performing work for remuneration for1 the employer1 including such an individual who is-- 7i7 any individual performing work for remuneration for an employer described in clauses 7i77,i7 and 7ii7 of paragraph 7#f77;,a72 7ii7 any individual performing work for remuneration for an entity described in paragraph 7#f77;,a77i77,,ii72 7iii7 any individual performing work for remuneration for an employing office described in paragraph 7#f77;,a77i77,,iii72 7iv7 any individual performing work for remuneration for an employing office described in paragraph 7#f77;,a77i77,,iv72 or 7v7 any individual performing work for remuneration for an employing agency described in paragraph 7#f77;,a77i77,v72 or 7,b7 who is a candidate with respect to the employer4 7#e7 ,employ ,the term employ has the meaning given such term in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#f7 ,employer 7,a7 ,in general ,the term employer means any person who is-- 7i7 7,i7 a covered employer who is not described in any other subclause of this clause2 7,,ii7 an entity employing a ,state employee described in section #cjd7;a7 of the ,government ,employee ,rights ,act of #aiia 7#db ,u4,s4,c4 #bjjj;e-#af;c7a772 7,,iii7 an employing office1 as defined in section #aja of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja72 7,,iv7 an employing office1 as defined in section #daa7;c7 of title #c1 ,united ,states ,code2 or 7,v7 an employing agency covered under subchapter ,v of chapter #fc of title #e1 ,united ,states ,code2 and 7ii7 engaged in commerce 7including government71 or an industry or activity affecting commerce 7including government74 7,b7 ,covered employer ,in subparagraph 7,a71 the term covered employer-- 7i7 means any person engaged in commerce or in any industry or activity affecting commerce who employs1 or otherwise engages for the performance of work for remuneration1 #aa or more covered individuals2 7ii7 includes-- 7,i7 any person who acts1 directly or indirectly1 in the interest of a covered employer in relation to any individual performing work for remuneration for such covered employer2 7,,ii7 any successor in interest of a covered employer2 7,,iii7 any public agency2 and 7,,iv7 the ,government ,accountability ,office and the ,library of ,congress2 and 7iii7 does not include any labor organization 7other than when acting as an employer7 or anyone acting in the capacity of officer or agent of such labor organization4 7,c7 ,public agency ,for purposes of this paragraph1 a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce4 7,d7 ,definitions ,for purposes of this paragraph1 the terms commerce1 person1 and public agency have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#g7 ,employment-related decision ,the term employment-related decision includes a decision by an employer with regard to-- 7,a7 hiring a covered individual 7including any decision with regard to recruiting1 screening1 interviewing1 or selecting a candidate72 7,b7 firing1 retaining1 taking a disciplinary action against1 demoting1 or reassigning duties of a covered individual2 or 7,c7 any other term1 condition1 or privilege of employment or work of the covered individual1 such as relating to pay1 scheduling1 health care or long-term care coverage1 benefits1 or hours worked or promoting a covered individual4 7#h7 ,government entity ,the term government entity means-- 7,a7 a ,federal agency 7as such term is defined in section #ccga of title #e1 ,united ,states ,code72 7,b7 a ,state or political subdivision thereof2 7,c7 any agency1 authority1 or instrumentality of a ,state or political subdivision thereof2 or 7,d7 a ,tribal government or political subdivision thereof4 7#i7 ,indian ,tribe ,the term ,indian ,tribe means any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#aj7 ,labor organization ,the term labor organization has the meaning given the term in section #b7e7 of the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aeb7e771 except that such term shall also include-- 7,a7 any organization composed of labor organizations1 such as a labor union federation or a ,state or municipal labor body2 and 7,b7 any organization which would be included in the definition for such term under such section #b7e7 but for the fact that the organization represents-- 7i7 individuals employed by the ,united ,states1 any wholly owned ,government corporation1 any ,federal ,reserve ,bank1 or any ,state or political subdivision thereof2 7ii7 individuals employed by persons subject to the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq472 or 7iii7 individuals employed as agricultural laborers4 7#aa7 ,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 agreement4 7#ab7 ,predispute joint-action waiver ,the term predispute joint-action waiver means an agreement1 whether or not part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the parties to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ad7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 or any territory or possession of the ,united ,states4 7#ae7 ,state attorney general ,the term ,state attorney general means-- 7,a7 with respect to a ,state1 the attorney general or chief law enforcement officer of the ,state1 or another official or agency designated by the ,state to bring civil actions on behalf of the ,state or the residents of the ,state2 and 7,b7 with respect to a ,tribal government1 the attorney general or chief law enforcement officer of the ,tribal government1 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 government4 7#af7 ,state privacy regulator ,the term ,state privacy regulator means-- 7,a7 the chief consumer protection officer of a ,state2 or 7,b7 a ,state consumer protection agency with expertise in data protection1 including the ,california ,privacy ,protection ,agency4 7#ag7 ,tribal government ,the term ,tribal government means the recognized governing body of an ,indian ,tribe4 #c4 ,use of an automated decision system by an employer 7a7 ,employment-,related decisions 7#a7 ,in general ,an employer-- 7,a7 may not rely exclusively on an automated decision system in making an employment-related decision with respect to a covered individual2 and 7,b7 may not use an automated decision system output in making an employment-related decision with respect to a covered individual unless-- 7i7 the automated decision system used to generate such automated decision system output has had pre-deployment testing and validation with respect to-- 7,i7 the efficacy of the system2 7,,ii7 the compliance of the system with applicable employment discrimination laws1 including-- 7aa7 title ,,vii of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e et seq472 7bb7 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq472 7cc7 title ,i of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaaa et seq472 7dd7 title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq472 7ee7 section #f7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;d772 7ff7 sections #eja and #eje of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia2 #gic72 and 7gg7 the ,pregnant ,workers ,fairness ,act 7division ,,ii of the ,consolidated ,appropriations ,act1 #bjbc 7,public ,law #aag-cbh772 7,,iii7 the lack of any potential discriminatory impact of the system1 including discriminatory impact based on race1 color1 religion1 sex 7including pregnancy1 sexual orientation1 or gender identity71 national origin1 age1 or disability and genetic information 7including family medical history72 and 7,,iv7 the compliance of the system with the ,artificial ,intelligence ,risk ,management ,framework released by the ,national ,institute of ,standards and ,technology on ,january #bf1 #bjbc1 or successor framework2 7ii7 such automated decision system is1 not less than annually1 independently tested for discriminatory impact described in clause 7i77,,iii7 or potential biases and the results of such test are made publicly available2 7iii7 the employer has provided the disclosure required under paragraph 7#b7 with respect to such use of an automated decision system output2 7iv7 such use is designed for purposes of making such an employment-related decision2 7v7 the employer independently corroborates1 via meaningful oversight by a human with appropriate and relevant experience1 such automated decision system output2 7vi7 not later than #g days after making such an employment-related decision1 the employer provides full1 accessible1 and meaningful documentation in plain language to such covered individual 7at no cost to such covered individual7 on the automated decision system output1 including-- 7,i7 a description of the automated decision system used to generate such automated decision system output2 7,,ii7 a description and explanation1 in plain language1 of the input data to such automated decision system used to generate such automated decision system output and a machine-readable copy of such data2 7,,iii7 a description and explanation of how such automated decision system output was used in making such employment-related decision2 and 7,,iv7 the reasoning for the use of such automated decision system output in such employment-related decision2 and 7vii7 the employer enables the covered individual to1 after receiving such documentation-- 7,i7 dispute 7in a manner that is accessible and equitable and does not pose an unreasonable burden on the covered individual7 such automated decision system output to a human with appropriate and relevant experience2 and 7,,ii7 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 7v74 7#b7 ,disclosure 7,a7 ,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 shall1 in accordance with subparagraph 7,b71 disclose to such covered individual-- 7i7 that the employer uses or intends to use an automated decision system output in making such an employment-related decision2 7ii7 a description and explanation of the automated decision system used or intended to be used to generate such automated decision system output1 including-- 7,i7 the types of data collected or intended to be collected as inputs to the automated decision system and the circumstances of such collection2 7,,ii7 the characteristics that the automated decision system measures or is intended to measure1 such as the knowledge1 skills1 or abilities of the covered individual2 7,,iii7 how such characteristics relate or would relate to any function required for the work or potential work of the covered individual2 7,,iv7 how the system measures or is intended to measure such characteristics2 and 7,v7 how the covered individual can interpret the automated decision system output in plain language2 7iii7 the identity of the individual or entity that operates the automated decision system that provides such an automated decision system output2 7iv7 how the employer uses or intends to use such an automated decision system output in making such an employment-related decision2 and 7v7 how the covered individual may dispute or appeal an employment-related decision made with respect to the covered individual using an automated decision system output4 7,b7 ,timing of notice 7i7 ,initial disclosure ,an employer shall provide the disclosure required under subparagraph 7,a7-- 7,i7 in the case of a covered individual for whom an employment-related decision with regard to the hiring of the covered individual-- 7aa7 was made before the date of enactment of this ,act1 to the covered individual not later than #cj days after such date of enactment2 or 7bb7 is made on or after the date of enactment of this ,act1 to the covered individual1 except as provided in subclause 7,,ii71 prior to making such employment-related decision2 and 7,,ii7 in the case of a candidate who applies to the employer on or after the date of enactment of this ,act1 prior to accepting an application by the candidate to be employed by1 or otherwise perform work for remuneration for1 the employer4 7ii7 ,subsequent disclosures ,not later than #cj days after any information provided by an employer to a covered individual through a disclosure required under clause 7ii7 or 7iv7 of subparagraph 7,a7 significantly changes or after any significant new information required to be provided in such a disclosure becomes available1 the employer shall provide the covered individual with an updated disclosure4 7#c7 ,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 system1 including on-- 7,a7 the input information used by such automated decision system2 7,b7 the appeals process for such an automated decision system output2 7,c7 potential biases in automated decision systems2 7,d7 any limitations of the automated decision system2 7,e7 any potential adverse effects to covered individuals due to the automated decision system2 7,f7 any potential errors or problems related to the automated decision system2 and 7,g7 examples of inappropriate uses of the automated decision system4 7b7 ,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 individual4 #d4 ,establishment of ,technology and ,worker ,protection ,division 7a7 ,in general ,there is established in the ,department of ,labor the ,technology and ,worker ,protection ,division4 7b7 ,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 ,division4 7c7 ,employees and advisory boards of the ,division 7#a7 ,in general ,the ,administrator-- 7,a7 may select1 appoint1 and employ1 without regard to the provisions of sections #ccji through #ccah of title #e1 ,united ,states ,code1 individuals1 including technologists1 directly to positions in the competitive service1 as defined in section #bajb of such title1 to carry out the duties of the ,administrator under this ,act2 and 7,b7 may fix the compensation of the individuals described in subparagraph 7,a7 without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 except that the rate of pay for such individuals may not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of that title4 7#b7 ,advisory boards 7,a7 ,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 employers3 7i7 ,the ,user ,advisory ,board1 which shall be comprised of experts in consumer protection1 privacy1 civil rights1 disability rights1 labor organizations1 and ethics4 7ii7 ,the ,research ,advisory ,board1 which shall be comprised of individuals with academic and research expertise in privacy1 cybersecurity1 computer science1 innovation1 design1 ethics1 economics1 civil rights law1 disability law1 labor organizations and public policy and representatives of labor organizations4 7iii7 ,the ,product ,advisory ,board1 which shall be comprised of technologists1 computer scientists1 designers1 product managers1 attorneys1 representatives of labor organizations1 workplace technology experts1 accessibility experts1 and other representatives of employers and employees4 7iv7 ,the ,labor ,advisory ,board1 which shall be comprised of representatives of labor organizations and representatives of workers4 7,b7 ,appointments ,the ,administrator shall appoint members to the advisory boards established under subparagraph 7,a7 without regard to party affiliation4 7,c7 ,meetings ,each advisory board established under subparagraph 7,a7 shall meet-- 7i7 at the call of the ,administrator2 and 7ii7 not less than #b times annually4 7,d7 ,compensation and travel expenses ,a member of an advisory board established under subparagraph 7,a7 who is not an officer or employee of the ,federal ,government shall-- 7i7 be entitled to receive compensation at a rate fixed by the ,administrator while attending meetings of the advisory board1 including travel time2 and 7ii7 receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7,e7 ,exemption from the ,federal ,advisory ,committee ,act ,each advisory board established under subparagraph 7,a7 shall be exempt from chapter #aj of title #e1 ,united ,states ,code4 7#c7 ,use of voluntary services ,the ,administrator may1 as may from time to time be needed1 use any voluntary or uncompensated services4 7#d7 ,attorneys ,attorneys appointed under this subsection may appear for and represent the ,administrator in any litigation4 7d7 ,offices 7#a7 ,in general ,the principal office of the ,technology and ,worker ,protection ,division shall be in the ,district of ,columbia4 7#b7 ,regional1 local1 and other offices ,the ,administrator may establish regional1 local1 or other offices1 including an office in the city of ,san ,francisco1 ,california or the ,san ,francisco ,bay area in ,california4 #e4 ,regulations 7a7 ,in general 7#a7 ,authority 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary1 acting through the ,administrator1 may prescribe such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7d77;,a7 7other than covered individuals described in clauses 7iii7 through 7v7 of such section7 and other individuals affected by employers described in subclause 7,i7 or 7,,ii7 of section #b7f77;,a77i71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7,b7 ,consultation ,in prescribing any regulations authorized under this paragraph1 the ,secretary1 acting through the ,administrator1 may consult with-- 7i7 ,federal agencies that have jurisdiction over ,federal privacy laws or expertise in privacy1 including the ,federal ,trade ,commission2 7ii7 ,federal agencies that have jurisdiction over labor and employment issues1 including the ,equal ,employment ,opportunity ,commission1 the ,national ,science ,foundation1 and the ,national ,labor ,relations ,board2 and 7iii7 any other ,federal agencies with relevant expertise1 including the ,united ,states ,access ,board and the ,office of ,science and ,technology ,policy4 7#b7 ,government accountability office2 library of congress ,the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress shall prescribe any regulations described in paragraph 7#a77;,a7 with respect to covered individuals of the ,government ,accountability ,office and the ,library of ,congress1 respectively1 and other individuals affected by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress1 respectively4 7b7 ,employees covered by congressional accountability act of #aiie 7#a7 ,authority ,not later than #de days after the ,secretary prescribes any regulation under subsection 7a77#a77;,a71 the ,board of ,directors of the ,office of ,compliance shall prescribe 7in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd77 such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7d77;,a77iii7 and other individuals affected by employers described in section #b7f77;,a77i77,,iii71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary under subsection 7a77#a77;,a7 except insofar as the ,board may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7c7 ,employees covered by chapter #e of title #c1 united states code 7#a7 ,authority ,not later than #de days after the ,secretary prescribes any regulation under subsection 7a77#a77;,a71 the ,president 7or the designee of the ,president7 shall prescribe such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7d77;,a77iv7 and other individuals affected by employers described in section #b7f77;,a77i77,,iv71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary under subsection 7a77#a77;,a7 except insofar as the ,president 7or designee7 may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7d7 ,employees covered by chapter #fc of title #e1 united states code 7#a7 ,authority ,not later than #de days after the ,secretary prescribes any regulation under subsection 7a77#a77;,a71 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 #b7d77;,a77v7 and other individuals affected by employers described in section #b7f77;,a77i77,v71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary under subsection 7a77#a77;,a7 except insofar as the ,director may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 #f4 ,whistleblower protections ,no employer shall discriminate or retaliate 7including through intimidation1 threats1 coercion1 or harassment7 against any covered individual of the employer-- 7#a7 for exercising1 or attempting to exercise1 any right provided under this ,act2 or 7#b7 because the covered individual 7or another individual acting at the request of the covered individual7 has-- 7,a7 filed a written or oral complaint to the employer or a ,federal1 ,state1 or local government entity of a violation of section #c2 7,b7 sought assistance or intervention with respect to a worker privacy-related concern from the employer1 a ,federal1 ,state1 or local government1 or a worker representative2 7,c7 instituted1 caused to be instituted1 or otherwise participated in any inquiry or proceeding under or related to this ,act2 7,d7 given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 or 7,e7 testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act4 #g4 ,enforcement 7a7 ,in general 7#a7 ,definition ,for purposes of this subsection3 7,a7 ,covered individual ,the term covered individual means a covered individual-- 7i7 described in section #b7d77;,a7 7other than covered individuals described in clauses 7iii7 through 7v7 of such section72 or 7ii7 described in section #b7d77;,b7 with respect to an employer4 7,b7 ,employer ,the term employer means an employer described in subclause 7,i7 or 7,,ii7 of section #b7f77;,a77i74 7#b7 ,enforcement by the ,technology and ,worker ,protection ,division 7,a7 ,investigation 7i7 ,in general ,to ensure compliance with the provisions of this ,act1 or any regulation or order issued under this ,act1 the ,secretary1 acting through the ,administrator-- 7,i7 may investigate and gather data regarding the wages1 hours1 and other conditions and practices of employment in any industry subject to this ,act1 and may enter and inspect any place or record 7and make such transcriptions thereof71 question any covered individual1 and investigate any facts1 conditions1 practices1 or matters as the ,secretary may deem necessary or appropriate to determine whether an employer has violated any provision of this ,act1 or which may aid in the enforcement of the provisions of this ,act2 and 7,,ii7 may require1 by general or special orders1 an employer1 to file with the ,secretary1 in such form as the ,secretary may prescribe1 annual or special reports or answers in writing to specific questions1 furnishing to the ,secretary such information or records as the ,secretary may require as to the organization1 business1 conduct1 practices1 management1 and relation to other corporations1 partnerships1 and individuals1 of the employer4 7ii7 ,reports and answers ,an employer shall file the reports and answers 7including information and records7 required under clause 7i77,,ii7 in such manner1 including under oath or otherwise1 and within such reasonable time period as the ,secretary may require4 7iii7 ,joint investigations ,the ,secretary1 acting through the ,administrator1 may conduct investigations and make requests for information1 as authorized under this ,act1 on a joint basis with another ,federal agency1 a ,state attorney general1 or a ,state agency4 7iv7 ,obligation to keep1 preserve1 and make available records ,an employer shall make1 keep1 preserve1 and make available to the ,secretary records pertaining to compliance with this ,act in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with any regulation or order issued by the ,secretary4 7,b7 ,enforcement ,with respect to employers and covered individuals1 the ,secretary1 acting through the ,administrator1 shall receive1 investigate1 and attempt to resolve complaints of violations of section #c or #f in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,c7 ,referral for criminal proceedings ,if the ,secretary1 in the course of the performance of any act or duty under this ,act1 obtains evidence that any employer has engaged in conduct that may constitute a violation of ,federal criminal law1 the ,secretary shall refer the matter to the ,attorney ,general for prosecution under any applicable law4 ,nothing in this paragraph shall affect any other authority of the ,secretary to disclose information4 7,d7 ,litigation ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under this subsection4 7#c7 ,private right of action 7,a7 ,in general 7i7 ,covered individual ,notwithstanding any action by the ,secretary under paragraph 7#b77;,b71 any covered individual adversely affected by an alleged violation of section #c or #f1 may commence a civil action against any person that violates such section in any ,federal court of competent jurisdiction4 7ii7 ,labor organization ,notwithstanding any action by the ,secretary under paragraph 7#b77;,b71 any labor organization adversely affected by an alleged violation of #c or #f may commence a civil action against any person that violates such section in any ,federal court of competent jurisdiction4 7,b7 ,relief 7i7 ,in general ,in a civil action brought under subparagraph 7,a7 in which the covered individual or labor organization prevails1 the court may award the covered individual or labor organization-- 7,i7 damages of-- 7aa7 an amount equal to the sum of any actual damages sustained by the covered individual2 or 7bb7 not more than treble damages2 7,,ii7 statutory damages described in clause 7iv72 7,,iii7 injunctive relief2 and 7,,iv7 equitable relief4 7ii7 ,attorney's fees ,in a civil action brought under subparagraph 7,a7 in which the covered individual or labor organization prevails1 the court shall award the covered individual or labor organization reasonable attorney's fees and litigation costs4 7iii7 ,temporary relief for whistleblowers ,in a civil action brought under subparagraph 7,a7 regarding a violation of section #f1 the court may award the covered individual or labor organization temporary relief while the case is pending1 including reinstatement4 7iv7 ,statutory damages ,the court may1 in accordance with clause 7v71 award statutory damages under clause 7i77,,ii7 against a person in the following amounts3 7,i7 ,using an automated decision system for prohibited activities ,for each violation of section #c by an employer with respect to a covered individual1 the court may1 subject to clause 7vi71 award-- 7aa7 damages of an amount not less than #e1jjj and not more than #bj1jjj2 or 7bb7 for any willful or repeated violation by the employer1 damages of an amount not less than #aj1jjj and not more than #dj1jjj4 7,,ii7 ,retaliation on whistleblowers ,for each violation of section #f1 the court may1 subject to clause 7vi71 award-- 7aa7 damages of an amount not less than #e1jjj and not more than #ej1jjj2 or 7bb7 for any willful or repeated violation1 damages of an amount not less than #aj1jjj and not more than #ajj1jjj4 7v7 ,considerations for statutory damages ,in determining the amount of statutory damages assessed under clause 7iv71 the court shall consider any relevant circumstances presented by the parties to the action1 including-- 7,i7 the nature and seriousness of the violation2 7,,ii7 the number of violations2 7,,iii7 the persistence of the misconduct2 7,,iv7 the length of time over which the misconduct occurred2 7,v7 the willfulness of the misconduct of the employer2 and 7,,vi7 the assets1 liabilities1 and net worth of the employer4 7vi7 ,adjustment for inflation ,the dollar amounts referred to subclauses 7,i7 and 7,,ii7 of clause 7iv7 shall be increased annually1 for fiscal year #bjbe and every fiscal year thereafter1 by the percent increase1 if any1 in the consumer price index for all urban consumers for the most recent #ab-month period for which applicable data is available4 7,c7 ,rights of the ,secretary and a ,state attorney general ,prior to an covered individual or labor organization bringing a civil action under subparagraph 7,a71 such covered individual or labor organization shall1 in writing1 notify the ,secretary and any relevant ,state attorney general of the intent to commence such civil action4 ,upon receiving such notice1 the ,secretary and ,state attorney general shall each1 not later than #fj days after receiving such notice-- 7i7 determine whether to intervene in such action and1 upon intervening-- 7,i7 be heard on all matters arising in such action2 and 7,,ii7 file petitions for appeal of a decision in such action2 and 7ii7 notify such covered individual or labor organization4 7,d7 ,remedies for state employees 7i7 ,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 immunity1 under the #aath ,amendment to the ,constitution of the ,united ,states or otherwise1 to a suit brought by a covered individual of that program or activity1 or a labor organization representing such a covered individual1 under this paragraph for equitable1 legal1 or other relief authorized under this paragraph4 7ii7 ,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 paragraph1 for injunctive relief that is authorized under this paragraph4 ,in such a suit the court may award to the prevailing party those costs authorized by section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh74 7iii7 ,applicability ,with respect to a particular program or activity1 clause 7i7 applies to conduct that occurs-- 7,i7 after the date of enactment of this ,act2 and 7,,ii7 on or after the day on which a ,state first receives or uses ,federal financial assistance for that program or activity4 7iv7 ,definition of program or activity ,in this subparagraph1 the term program or activity has the meaning given the term in section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a74 7,e7 ,remedies for ,tribal government employees 7i7 ,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 activity1 or a labor organization representing such a covered individual1 under this paragraph for equitable1 legal1 or other relief authorized under this paragraph4 7ii7 ,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 paragraph4 ,in such a suit the court may award to the prevailing party those costs authorized by section #gbb of the ,revised ,statutes 7#db ,u4,s4,c4 #aihh74 7iii7 ,applicability ,with respect to a particular program or activity1 clause 7i7 applies to conduct that occurs-- 7,i7 after the date of enactment of this ,act2 and 7,,ii7 on or after the day on which a ,tribal government first receives or uses ,federal financial assistance for that program or activity4 7iv7 ,definition of program or activity ,in this subparagraph1 the term program or activity has the meaning given the term in section #fjf of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#d;a74 7#d7 ,enforcement by the government accountability office and library of congress ,notwithstanding any other provision of this subsection1 in the case of the ,government ,accountability ,office and the ,library of ,congress1 the authority of the ,secretary under this subsection shall be exercised respectively by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress1 respectively4 7b7 ,employees covered by congressional accountability act of #aiie ,the powers1 remedies1 and procedures provided in the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #acja et seq47 to the ,board 7as defined in section #aja of that ,act 7#b ,u4,s4,c4 #acja771 or any person1 alleging a violation of section #bjb7;a77#a7 of that ,act 7#b ,u4,s4,c4 #acab7;a77#a77 shall be the powers1 remedies1 and procedures this ,act provides to that ,board1 or any person1 with regard to an allegation of a violation of section #c or #f against a covered individual described in section #b7d77;,a77iii7 or described in section #b7d77;,b7 with respect to an employer described in section #b7f77;,a77i77,,iii74 7c7 ,employees covered by chapter #e of title #c1 united states code ,the powers1 remedies1 and procedures provided in chapter #e of title #c1 ,united ,states ,code1 to the ,president1 the ,merit ,systems ,protection ,board1 or any person1 alleging a violation of section #dab7;a77#a7 of that title1 shall be the powers1 remedies1 and procedures this ,act provides to the ,president1 that ,board1 or any person1 respectively1 with regard to an allegation of a violation of section #c or #f against a covered individual described in section #b7d77;,a77iv7 or described in section #b7d77;,b7 with respect to an employer described in section #b7f77;,a77i77,,iv74 7d7 ,employees covered by chapter #fc of title #e1 united states code ,the powers1 remedies1 and procedures provided in title #e1 ,united ,states ,code1 to an employing agency1 provided in chapter #ab of that title to the ,merit ,systems ,protection ,board1 or provided in that title to any person1 alleging a violation of chapter #fc of that title1 shall be the powers1 remedies1 and procedures this ,act provides to that agency1 that ,board1 or any person1 respectively1 with regard to an allegation of a violation of section #c or #f against a covered individual described in section #b7d77;,a77v7 or described in section #b7d77;,b7 with respect to an employer described in section #b7f77;,a77i77,v74 7e7 ,enforcement by ,states 7#a7 ,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 #c or #f1 including a regulation or order prescribed under this ,act1 the ,state attorney general or ,state privacy regulator1 as parens patriae1 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-- 7,a7 enjoin further violation of such provision by the person2 7,b7 compel compliance with such provision2 7,c7 obtain damages 7including statutory damages described in paragraph 7#d771 civil penalties1 restitution1 or other compensation on behalf of the residents of the ,state2 or 7,d7 obtain reasonable attorney's fees and other litigation costs reasonably incurred4 7#b7 ,rights of agency ,before initiating a civil action under paragraph 7#a71 the ,state attorney general or ,state privacy regulator1 as the case may be1 shall notify the ,secretary in writing of such civil action4 ,upon receiving such notice1 the ,secretary may-- 7,a7 intervene in such action2 and 7,b7 upon intervening-- 7i7 be heard on all matters arising in such civil action2 and 7ii7 file petitions for appeal of a decision in such action4 7#c7 ,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 ,act1 a ,state attorney general or ,state privacy regulator may not1 during the pendency of such action1 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 complaint4 ,in a case brought by the ,secretary that affects the interests of a ,state1 the ,state attorney general or ,state privacy regulator may intervene as of right pursuant to the ,federal ,rules of ,civil ,procedure4 7#d7 ,statutory damages ,in a civil action instituted under paragraph 7#a71 a court may award statutory damages under paragraph 7#a77;,c7 against a person for a violation of any provision of section #c or #f-- 7,a7 in an amount not more than #ej1jjj for each such violation2 or 7,b7 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 has1 within the preceding #e years1 committed another such violation resulting in such a discharge or other serious economic harm1 not more than #ajj1jjj for each such violation4 7#e7 ,preservation of state powers ,except as provided in paragraph 7#c71 no provision of this subsection shall be construed as altering1 limiting1 or affecting the authority of a ,state attorney general or ,state privacy regulator to-- 7,a7 bring an action or other regulatory proceeding arising solely under the laws in effect in that ,state2 or 7,b7 exercise the powers conferred on the ,state attorney general or ,state privacy regulator by the laws of the ,state1 including the ability to conduct investigations1 administer oaths or affirmations1 or compel the attendance of witnesses or the production of documentary or other evidence4 7f7 ,arbitration and class action ,notwithstanding any other provision of law1 no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to any alleged violation of section #c or #f4 #h4 ,coordination ,in carrying out this ,act1 the ,secretary1 acting through the ,administrator1 shall coordinate with any appropriate ,federal agency or ,state regulator to promote consistent regulatory treatment of automated decision systems4 #i4 ,relation to other laws ,except as explicitly provided otherwise in this ,act1 nothing in this ,act shall be construed to preempt1 modify1 limit1 or supersede-- 7#a7 any provision of ,federal or ,state law2 or 7#b7 the authority of the ,federal ,trade ,commission1 ,equal ,employment ,opportunity ,commission1 ,national ,labor ,relations ,board1 or any other ,federal agency4 #aj4 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the application of the provisions of such to all other persons or circumstances shall not be affected thereby4