,,ii #aahth ,,congress #ast ,session ,s4 #bddj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bj1 #bjbc,mr4 ,casey 7for himself1 ,mr4 ,schatz1 ,mr4 ,fetterman1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to establish an interagency task force on employer surveillance and workplace technologies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,exploitative ,workplace ,surveillance and ,technologies ,task ,force ,act of #bjbc4 #b4 ,definitions ,in this ,act3 7#a7 ,applicant ,the term applicant1 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#b7 ,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 collect data or observations1 or otherwise interact with individuals or communities1 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#c7 ,automated decision system output ,the term automated decision system output1 with respect to an employer1 means any information1 assumptions1 predictions1 scoring1 recommendations1 decisions1 evaluations1 metrics1 or conclusions generated by an automated decision system used by the employer with respect to a worker of the employer4 7#d7 ,biometric information 7,a7 ,in general ,the term biometric information means any information generated from the technological processing of an individual's unique biological1 physical1 or physiological characteristics that is linked or reasonably linkable to an individual1 including-- 7i7 fingerprints2 7ii7 voice prints2 7iii7 iris or retina scans2 7iv7 facial or hand mapping1 geometry1 or templates2 or 7v7 gait or personally identifying physical movements4 7,b7 ,inclusion ,the term biometric information includes information on the absence of a biometric or the presence of a prosthetic4 7,c7 ,exclusion ,the term biometric information does not include-- 7i7 a digital or physical photograph2 7ii7 an audio or video recording2 or 7iii7 information generated from a digital or physical photograph1 or an audio or video recording1 that cannot be used to identify an individual4 7#e7 ,data ,the term data1 with respect to a worker1 means any information that identifies1 relates to1 describes1 is reasonably capable of being associated with1 or could reasonably be linked1 directly or indirectly1 with the worker1 regardless of how the information is collected1 inferred1 or obtained1 including-- 7,a7 personally identifiable information with respect to the worker1 including any name1 contact information1 government-issued identification number1 financial information1 criminal background1 location information1 photographs1 biometric information1 health or medical information1 or employment history associated with the worker2 7,b7 any information related to the workplace activities with respect to the worker1 including-- 7i7 human resources information1 including the contents of a personnel file or performance evaluation2 7ii7 work process information1 such as productivity and efficiency information and time or attendance information2 7iii7 information that captures workplace communications and interactions1 including emails1 texts1 internal message boards1 and customer interaction and ratings2 7iv7 device usage and information1 including calls placed or precise geolocation information2 7v7 audio-video information and other information collected from sensors1 including movement tracking1 images1 videos1 and thermal-sensor information2 7vi7 biometric information2 7vii7 information from a personality test taken by a worker1 including such a test given electronically at the beginning of or during a work shift or during the application process2 7viii7 inputs for an automated decision system or any automated decision system output2 7ix7 information that is collected or generated to mitigate the spread of infectious diseases1 including ,,covid-#ai1 or to comply with any ,federal1 ,state1 or local law2 and 7x7 information related to the ability of a worker and any related workplace accommodations2 and 7,c7 online information with respect to the worker that is collected while the worker is on- or off-duty1 including any internet protocol address associated with the worker1 the online communication platform activity of the worker1 any advertisement-related tracking identifier associated with the worker1 the internet browsing history of the worker1 or other digital sources or unique identifiers associated with the worker4 7#f7 ,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#g7 ,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 workers2 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#h7 ,federal agency ,the term ,federal agency has the meaning given the term in section #ccga of title #e1 ,united ,states ,code4 7#i7 ,government entity ,the term government entity means-- 7,a7 a ,federal agency2 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#aj7 ,impact assessment ,the term impact assessment means an ongoing study on and evaluation of the use of workplace surveillance or an automated decision system and the impact on workers of such surveillance or system4 7#aa7 ,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#ab7 ,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 organization 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#ac7 ,online communication platform activity ,the term online communication platform activity means any activity on an individual platform-based online communication account4 7#ad7 ,precise geolocation information 7,a7 ,in general ,the term precise geolocation information means information that is derived from a device or technology that reveals the past or present physical location of an individual or of a device that identifies or is linked or reasonably linkable to #a or more individuals1 with sufficient precision to identify street level location information of the individual or device or the location of the individual or device within a range of #a1hej feet or less4 7,b7 ,exclusion ,the term precise geolocation information does not include information described in subparagraph 7,a7 identifiable or derived solely from the visual content of a legally obtained image4 7#ae7 ,service provider ,the term service provider1 with respect to an employer1 means a person that-- 7,a7 collects1 processes1 conveys1 or maintains data with respect to such employer only at the direction of1 in accordance with the direction of1 and pursuant to a written contract with the employer 7including any terms of service or service agreements72 7,b7 does not earn revenue from such collection1 processing1 conveyance1 or maintenance of such data1 except from the employer by providing contracted services to the employer with regard to such collection1 processing1 conveyance1 or maintenance of such data2 and 7,c7 does not combine or link data associated with such employer with data associated with another employer4 7#af7 ,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#ag7 ,technologist ,the term technologist means an individual with experience in fields related to computational technology1 or the technology industry that produces computational technology1 such as advertising technology1 application development1 artificial intelligence1 computer science1 cybersecurity1 data science1 digital accessibility1 digital forensics1 human-centered design1 product management1 prototyping1 service design1 socio-technical systems1 software engineering1 technology ethics1 user experience1 or privacy rights1 civil liberties1 or civil rights related to technology4 7#ah7 ,third party ,the term third party1 with respect to an employer1 means a person or entity-- 7,a7 to which such employer transfers or is able to transfer data1 including any subsidiary or corporate affiliate of such employer2 and 7,b7 that is not-- 7i7 such employer2 7ii7 a service provider of such employer with respect to the data being transferred2 or 7iii7 a government entity4 7#ai7 ,transfer ,the term transfer1 with respect to data1 means releasing1 sharing1 leasing1 disseminating1 disclosing1 making available1 or otherwise causing to be communicated1 such data-- 7,a7 to a third party2 or 7,b7 in the case of a third party that releases1 shares1 leases1 disseminates1 discloses1 makes available1 or otherwise causes to be communicated1 such data1 to another person4 7#bj7 ,tribal government ,the term ,tribal government means the recognized governing body of an ,indian ,tribe4 7#ba7 ,worker ,the term worker includes an applicant4 7#bb7 ,workplace surveillance ,the term workplace surveillance means any collection 7on- or off-duty7 by an employer of data with respect to a worker1 including the detection1 monitoring1 interception1 collection1 exploitation1 preservation1 protection1 transmission1 or retention of data concerning activities or communications with respect to the worker1 including through the use of a product1 system or service marketed1 or that can be used1 for such purposes1 such as a computer1 software1 telephone1 wire1 radio1 camera1 sensor1 electromagnetic1 photoelectronic1 handheld or wearable device1 adaptive computing1 assistive technology1 durable medical equipment1 or photo-optical system4 #c4 ,workplace surveillance and technologies task force 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,president shall establish an interagency task force1 which shall be known as the ,white ,house ,task ,force on ,workplace ,surveillance and ,technologies 7in this ,act referred to as the ,task ,force74 7b7 ,membership 7#a7 ,composition ,the ,task ,force shall be comprised of-- 7,a7 #b members appointed by the ,president1 of whom-- 7i7 #a shall be a representative of the ,department of ,labor2 and 7ii7 #a shall be a representative of the ,office of ,science and ,technology ,policy2 and 7,b7 members who are representatives of-- 7i7 the ,assistant ,secretary of ,labor for ,occupational ,safety and ,health2 7ii7 the ,assistant ,secretary of ,labor for ,disability ,employment ,policy2 7iii7 the ,administrator of the ,wage and ,hour ,division of the ,department of ,labor2 7iv7 the ,secretary of ,commerce2 7v7 the ,under ,secretary of ,commerce for ,standards and ,technology2 7vi7 the ,attorney ,general2 7vii7 the ,chair of the ,federal ,trade ,commission2 7viii7 the ,chair of the ,national ,labor ,relations ,board2 7ix7 the ,chair of the ,equal ,employment ,opportunity ,commission2 7x7 the ,administrator of the ,small ,business ,administration2 7xi7 the ,director of the ,domestic ,policy ,council2 7xii7 the ,director of the ,national ,institute for ,occupational ,safety and ,health2 7xiii7 the ,director of the ,consumer ,financial ,protection ,bureau2 7xiv7 the ,united ,state ,access ,board2 and 7xv7 any other ,federal agency designated by the ,president4 7#b7 ,chair ,the member appointed under paragraph 7#a77;,a77i7 shall service as the ,chair of the ,task ,force4 7#c7 ,vice ,chair ,the member appointed under paragraph 7#a77;,a77ii7 shall service as the ,vice ,chair of the ,task ,force4 7#d7 ,period of appointment2 vacancies 7,a7 ,in general ,a member of the ,task ,force shall be appointed for the life of the ,task ,force4 7,b7 ,vacancies ,a vacancy in the ,task ,force-- 7i7 shall not affect the powers of the ,task ,force2 and 7ii7 shall be filled in the same manner as the original appointment4 7c7 ,meetings ,the ,task ,force shall meet not less than #d times each year4 7d7 ,subcommittees ,the ,task ,force may appoint subcommittees or other working groups composed of ,task ,force members appointed under subsection 7b71 or their representatives1 as may be necessary to accomplish the duties described in section #d4 #d4 ,duties 7a7 ,in general ,the ,task ,force shall study and evaluate the use of workplace surveillance by employers1 including by studying-- 7#a7 the prevalence and types of workplace surveillance across different industries2 7#b7 how employers are collecting data via workplace surveillance and are using1 storing1 securing1 and transferring such data1 including-- 7,a7 the types of data collected by workplace surveillance2 7,b7 whether such data is provided by employers to a third party or otherwise ends up in files maintained by a third party2 and 7,c7 information on any disclosures to workers by employers of workplace surveillance used by the employer1 and any provisions made available to workers to opt-out of such workplace surveillance2 7#c7 the impact of workplace surveillance and the use of any automated decision system on-- 7,a7 worker compensation2 7,b7 worker performance reviews and subsequent decisions related to such reviews2 7,c7 worker schedule policies2 7,d7 career advancement for workers2 7,e7 assignment of duties for workers2 7,f7 workplace safety1 including with regard to worker physical and mental health2 7,g7 health care and long-term care coverage for workers2 7,h7 disciplinary or termination decisions for workers2 7,i7 interviewing or hiring workers2 and 7,j7 job quality2 7#d7 the implications of workplace surveillance on worker organizing efforts and labor organization membership2 7#e7 the impact of workplace surveillance and the use of any automated decision system on vulnerable populations1 including workers with disabilities1 low-wage workers1 workers of color1 older workers1 and formerly incarcerated workers1 and on gender equity in the workplace2 7#f7 the feasibility of requiring impact assessments for the use of workplace surveillance or an automated decision system with respect to certain employers or industries2 and 7#g7 third parties and service providers and their role in workplace surveillance and the technology used for workplace surveillance4 7b7 ,consultation ,in carrying out the duties under subsection 7a71 the ,task ,force shall1 to the extent necessary and appropriate1 regularly consult with-- 7#a7 labor organizations2 7#b7 relevant stakeholders in the private sector2 7#c7 technologists and subject matter experts on-- 7,a7 workplace surveillance2 7,b7 technology used for workplace surveillance2 7,c7 data2 7,d7 workplace safety and health2 and 7,e7 the impact of workplace surveillance on vulnerable populations1 including workers with disabilities1 low-wage workers1 workers of color1 older workers1 and formerly incarcerated workers and on gender equity in the workplace2 7#d7 ,federal agencies that are not represented on the ,task ,force2 and 7#e7 representatives from allied or partner countries4 7c7 ,reports 7#a7 ,initial report ,not later than one year after the date of enactment of this ,act1 the ,task ,force shall submit a report to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and any other appropriate congressional committee1 that includes a comprehensive review of the prevalence of workplace surveillance across different industries and how employers are using1 storing1 securing1 and transferring data collected via workplace surveillance4 7#b7 ,interim report ,not later than one year after the date on which the report required by paragraph 7#a7 is submitted1 the ,task ,force shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate1 and any other appropriate congressional committee1 a report that includes findings on-- 7,a7 the study described in subsection 7a77#c7 on the impact of workplace surveillance and the use of any automated decision system2 7,b7 the implications of workplace surveillance on worker organizing efforts and labor organization membership2 and 7,c7 the effect of workplace surveillance and the use of an automated decision system on vulnerable populations1 including workers with disabilities1 low-wage workers1 workers of color1 older workers1 and formerly incarcerated workers1 and on gender equity in the workplace4 7#c7 ,final report ,not later than one year after the date on which the interim report required under paragraph 7#b7 is submitted1 the ,task ,force shall submit to the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate and any other appropriate congressional committee1 and make available to the public on the website of the ,executive ,office of the ,president1 a final report that includes-- 7,a7 recommendations to ,federal agencies and such committees about how to address workplace surveillance and the technology used for workplace surveillance2 and 7,b7 recommendations on how to conduct a government-wide coordinated strategy to address the rise of workplace surveillance and the technology used for workplace surveillance4 #e4 ,termination of ,task ,force 7a7 ,in general ,the ,task ,force shall terminate #fj days after the date on which the ,task ,force submits the report required under section #d7;c77#c74 7b7 ,additional actions ,during the #fj-;day period described in subsection 7a71 the ,task ,force may conclude any activities of the ,task ,force1 including providing testimony to ,congress concerning the final report submitted under section #d7;c77#c74