,,ii #aahth ,,congress #ast ,session ,s4 #bfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #b1 #bjbc ,mr4 ,casey 7for himself1 ,mr4 ,booker1 ,mr4 ,schatz1 ,mr4 ,fetterman1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit1 or require disclosure of1 the surveillance1 monitoring1 and collection of certain worker data by employers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,spying ,bosses ,act4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,privacy and ,technology ,division established under section #e4 7#b7 ,aggregated data ,the term aggregated data means data with respect to covered individuals of an employer that the employer has combined or collected together in a summary or other form that prevents the identification of any specific individual4 7#c7 ,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#d7 ,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#e7 ,automated decision system output ,the term automated decision system output means any information1 assumptions1 predictions1 scoring1 recommendations1 decisions1 evaluations1 metrics1 or conclusions generated by an automated decision system4 7#f7 ,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 ,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#g7 ,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#aj77;,a72 7ii7 any individual performing work for remuneration for an entity described in paragraph 7#aj77;,a77i77,,ii72 7iii7 any individual performing work for remuneration for an employing office described in paragraph 7#aj77;,a77i77,,iii72 7iv7 any individual performing work for remuneration for an employing office described in paragraph 7#aj77;,a77i77,,iv72 or 7v7 any individual performing work for remuneration for an employing agency described in paragraph 7#aj77;,a77i77,v72 or 7,b7 who is an applicant to the employer4 7#h7 ,data ,the term data1 with respect to a covered individual1 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 covered individual1 regardless of how the information is collected1 inferred1 or obtained1 including-- 7,a7 personally identifiable information with respect to the covered individual1 including any name1 contact information1 government-issued identification number1 financial information1 criminal background1 location information1 photographs1 biometric information1 or employment history associated with the covered individual2 7,b7 any information related to the workplace activities with respect to the covered individual1 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 information on breaks2 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 covered individual1 including such a test given electronically at the beginning of or during a work shift2 7viii7 inputs for an automated decision system or any automated decision system output2 and 7ix7 information that is collected or generated to mitigate the spread of infectious diseases1 including ,,covid-#ai1 or to comply with any public health measure2 and 7,c7 online information with respect to the covered individual that is collected while the covered individual is on- or off-duty1 including any internet protocol address associated with the covered individual1 the social media activity of the covered individual1 any advertisement-related tracking identifier associated with the covered individual1 the internet browsing history of the covered individual1 or other digital sources or unique identifiers associated with the covered individual4 7#i7 ,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#aj7 ,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#aa7 ,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 interviewing or reviewing an applicant72 7,b7 firing1 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 or hours worked or promoting a covered individual4 7#ab7 ,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#ac7 ,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#ad7 ,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#ae7 ,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 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 image1 including the location of the device that captured such image4 7#af7 ,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#ag7 ,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#ah7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ai7 ,sell ,the term sell1 with respect to data1 means the transfer of such data for monetary consideration or for a thing of value by an employer to a third party for the purpose of processing1 maintaining1 or further transferring such data4 7#bj7 ,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#ba7 ,social media activity ,the term social media activity means any activity on an individual platform-based account4 7#bb7 ,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#bc7 ,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#bd7 ,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#be7 ,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 forensics1 human-centered design1 product management1 prototyping1 service design1 socio-technical systems1 software engineering1 user experience1 or privacy rights1 civil liberties1 or civil rights related to technology4 7#bf7 ,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#bg7 ,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#bh7 ,tribal government ,the term ,tribal government means the recognized governing body of an ,indian ,tribe4 7#bi7 ,workplace surveillance ,the term workplace surveillance means any employer surveillance 7on- or off-duty7 with respect to a covered individual1 including the detection1 monitoring1 interception1 collection1 exploitation1 preservation1 protection1 transmission1 or retention of data concerning activities or communications with respect to the covered individual1 including through the use of a product or service marketed1 or that can be used1 for such purposes1 such as a computer1 telephone1 wire1 radio1 camera1 sensor1 electromagnetic1 photoelectronic1 handheld or wearable device1 or photo-optical system4 #c4 ,disclosure of certain workplace surveillance 7a7 ,in general ,an employer shall disclose1 in accordance with subsections 7b7 and 7c71 to each covered individual described in subsection 7b77#a7 and publish in a manner that is conspicuous1 freely accessible1 and readily available for viewing by any such covered individual of the employer 7including on the internet in a manner that is freely accessible and machine readable 7in a form prescribed by the ,secretary77-- 7#a7 any workplace surveillance on the covered individual by the employer1 including-- 7,a7 what data are being collected2 7,b7 how the data are being collected2 7,c7 where and when the data are being collected2 7,d7 the frequency of the collection2 7,e7 where the storage of the data is located2 7,f7 the business purposes for which the data are being used2 and 7,g7 as applicable1 the identity of any third party or service provider-- 7i7 used for such workplace surveillance2 7ii7 to which data from such workplace surveillance is transferred2 and 7iii7 from which data of the covered individual is or may be purchased or acquired2 and 7#b7 how such workplace surveillance affects employment-related decisions by the employer1 including with regard to the assessment of the performance and productivity of the covered individual4 7b7 ,timing of disclosure 7#a7 ,initial disclosure ,an employer shall provide the disclosure required under subsection 7a7-- 7,a7 in the case of-- 7i7 a covered individual for whom an employment-related decision with regard to the hiring of the covered individual was made on or after the effective date of this section1 to the covered individual not later than #cj days after the date on which the employer makes such employment-related decision2 or 7ii7 a covered individual who is employed by1 or otherwise performing work for remuneration for1 the employer on such effective date or a covered individual for whom an employment-related decision with regard to the hiring of the covered individual was made on or after the date that is #e years prior to the effective date of this section but before such effective date1 to the covered individual not later than #fj days after such effective date2 and 7,b7 to each applicant of the employer prior to accepting an application by the applicant to be employed by1 or otherwise perform work for remuneration for1 the employer4 7#b7 ,subsequent disclosures ,not later than #g days after any information provided by an employer to a covered individual through a disclosure required under subsection 7a7 changes or after any new information required to be provided in such a disclosure becomes available1 the employer shall provide the covered individual with an updated disclosure in accordance with such subsection4 7c7 ,procedures for disclosure ,an employer shall provide the disclosure required under subsection 7a7 in a manner required by the ,administrator that is-- 7#a7 accessible2 7#b7 in plain language and in the primary language of the covered individual provided the disclosure2 7#c7 in writing and available electronically2 7#d7 accountable2 7#e7 tailored to the purpose of the disclosure2 7#f7 tailored to the covered individual2 and 7#g7 tailored to the level of risk4 7d7 ,covered individual acknowledgment ,an employer shall obtain written or electronic acknowledgment from each covered individual provided a disclosure under subsection 7a7 of the receipt of the disclosure by the covered individual4 7e7 ,worker data request and correction ,an employer shall enable a covered individual1 upon request by the covered individual or as provided in section #d7;c71 to-- 7#a7 not later than #g days after such request1 obtain any data collected by the employer on the covered individual through workplace surveillance2 and 7#b7 in accordance with procedures established by the ,administrator1 have any such data that is incomplete or erroneous updated or corrected at any time4 7f7 ,effective date ,this section shall take effect on the date that is #fj days after the date of enactment of this ,act4 #d4 ,prohibition of certain workplace surveillance 7a7 ,in general ,an employer or1 as applicable1 a third party or service provider that the employer uses for workplace surveillance may not-- 7#a7 use workplace surveillance to-- 7,a7 identify any covered individual who forms1 joins1 assists1 or seeks to form1 join1 or assist1 a labor organization2 7,b7 monitor the activities of any covered individual concerning or related to a labor organization or with respect to engaging in protected concerted activity2 7,c7 except as otherwise provided in law1 ascertain any political opinion or activity1 religious view1 or other identity marker of the covered individual1 that is unrelated to the performance of the job duties of the covered individual for the employer2 7,d7 except as otherwise provided in law1 collect information on or identify the health status1 any health condition1 or disability status of a covered individual1 that is unrelated to the performance of the job duties of the covered individual for the employer2 7,e7 except as otherwise required by law ascertain the immigration status of a covered individual2 or 7,f7 monitor the activities of any covered individual concerning or related to reporting the employer or such a third party or service provider for a violation of any other law1 including monitoring for purposes of identifying a covered individual who has reported or intends to report the employer or such a third party or service provider2 7#b7 use an automated decision system to predict behavior of a covered individual that is unrelated to the work of the covered individual for the employer2 7#c7 use workplace surveillance to monitor a covered individual while the covered individual is off-duty or in a sensitive area1 such as a restroom or locker room1 location provided for the covered individual to express breast milk1 or location provided for the covered individual to pray or participate in a religious activity2 7#d7 use workplace surveillance on a covered individual in any manner that threatens the mental or physical health of the covered individual2 7#e7 use data collected through workplace surveillance on a covered individual for a purpose that is not disclosed in accordance with section #c7;a77#a77;,f72 or 7#f7 sell or license data collected on a covered individual to any person 7including a third party or service provider of the employer7 or1 except as otherwise provided in law1 government entity4 7b7 ,transfer of personally identifiable data 7#a7 ,employer ,an employer may not transfer data on a covered individual collected using workplace surveillance to a third party unless1 for each instance of a transfer-- 7,a7 the employer-- 7i7 discloses the transfer to the covered individual2 and 7ii7 provides cybersecurity protections and encryption for the data2 and 7,b7 the covered individual does not opt out of the instance of the transfer4 7#b7 ,third party ,a third party that an employer uses for workplace surveillance may not transfer data on a covered individual1 including any such data that was transferred to the third party by the employer in accordance with paragraph 7#a74 7c7 ,employment-,related decisions ,an employer that makes an employment-related decision with regard to a covered individual using data from workplace surveillance shall-- 7#a7 not later than #g days after making such an employment-related decision1 disclose to the covered individual that such employment-related decision was made using data from workplace surveillance2 and 7#b7 not later than #g days after such disclosure1 enable the covered individual to-- 7,a7 review such data and related aggregated data for other similarly situated covered individuals of the employer2 and 7,b7 in accordance with the procedures described in section #c7;e77#b71 have any data described in paragraph 7#a7 that is incomplete or erroneous updated or corrected4 7d7 ,minimization 7#a7 ,collection ,an employer may not collect data on a covered individual that is not reasonably related to operations of the employer4 7#b7 ,employee access ,an employer shall restrict access to data on a covered individual by another covered individual of the employer based on the specific and reasonable business rationale of the employer that is proportionate to the need for such access4 7e7 ,employer contracts with any third party or service provider that the employer uses for workplace surveillance ,an employer that uses a third party or service provider for workplace surveillance shall include in any contract between the employer and such third party or service provider entered into after the effective date of this section an agreement to comply with the requirements of this section4 7f7 ,effective date ,this section shall take effect on the date that is #fj days after the date of enactment of this ,act4 #e4 ,establishment of privacy and technology division 7a7 ,in general ,there is established in the ,department of ,labor the ,privacy and ,technology ,division4 7b7 ,administrator of the privacy and technology division ,the ,president shall appoint an ,administrator of the ,privacy and ,technology ,division to head the ,privacy and ,technology ,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 composed of experts in consumer protection1 privacy1 civil rights1 disability law1 labor organizations1 and ethics4 7ii7 ,the ,research ,advisory ,board1 which shall be composed of individuals with academic and research expertise in privacy1 cybersecurity1 computer science1 innovation1 design1 ethics1 economics1 law1 disability law1 labor organizations and public policy and representatives of labor organizations4 7iii7 ,the ,product ,advisory ,board1 which shall be composed of technologists1 computer scientists1 designers1 product managers1 attorneys1 representatives of labor organizations1 workplace technology experts1 and other representatives of employers and employees4 7iv7 ,the ,labor ,advisory ,board1 which shall be composed 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 ,code 7commonly known as the ,federal ,advisory ,committee ,act74 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 ,privacy and ,technology ,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 ,california1 or the ,san ,francisco ,bay area in ,california4 7e7 ,orders and guidance 7#a7 ,in general ,the ,secretary1 acting through the ,administrator and the ,administrator of the ,wage and ,hour ,division1 may issue orders and guidance1 as may be necessary or appropriate to enable the ,secretary to carry out the purposes and objectives of this ,act1 and to prevent evasions thereof4 7#b7 ,consultation ,in issuing orders and guidance authorized under this subsection1 the ,secretary1 acting through the ,administrator and the ,administrator of the ,wage and ,hour ,division1 may consult with ,federal agencies that have jurisdiction over ,federal privacy laws or expertise in privacy1 including the ,federal ,trade ,commission1 and ,federal agencies that have jurisdiction over labor and employment issues1 including the ,equal ,employment ,opportunity ,commission1 the ,national ,labor ,relations ,board1 the ,national ,mediation ,board1 and the ,merit ,systems ,protection ,board4 #f4 ,regulations 7a7 ,in general 7#a7 ,authority 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary1 acting through the ,administrator in consultation with the ,administrator of the ,wage and ,hour ,division1 may prescribe such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7g77;,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 #b7aj77;,a77i71 including individuals who are covered individuals described in section #b7g77;,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 ,federal agencies that have jurisdiction over ,federal privacy laws or expertise in privacy1 including the ,federal ,trade ,commission1 and ,federal agencies that have jurisdiction over labor and employment issues1 including the ,equal ,employment ,opportunity ,commission and the ,national ,labor ,relations ,board4 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 #b7g77;,a77iii7 and other individuals affected by employers described in section #b7aj77;,a77i77,,iii71 including individuals who are covered individuals described in section #b7g77;,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 #b7g77;,a77iv7 and other individuals affected by employers described in section #b7aj77;,a77i77,,iv71 including individuals who are covered individuals described in section #b7g77;,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 #b7g77;,a77v7 and other individuals affected by employers described in section #b7aj77;,a77i77,v71 including individuals who are covered individuals described in section #b7g77;,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 #g4 ,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 #c or #d2 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 #h4 ,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 #b7g77;,a7 7other than covered individuals described in clauses 7iii7 through 7v7 of such section72 or 7ii7 described in section #b7g77;,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 #b7aj77;,a77i74 7#b7 ,enforcement by the privacy and technology 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 shall have the investigative authority provided under section #aa7;a7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;a771 with respect to employers1 covered individuals1 and third parties and service providers with respect to employers2 and 7,,ii7 may require1 by general or special orders1 an employer or third party or service provider with respect to the 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 or third party or service provider with respect to the 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 or third party or service provider with respect to the 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 employers1 covered individuals1 and third parties and service providers with respect to employers1 the ,secretary1 acting through the ,administrator1 shall receive1 investigate1 and attempt to resolve complaints of violations of section #c1 #d1 or #g 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 ,priority ,for purposes of subparagraphs 7,a7 and 7,b71 the ,secretary shall prioritize industries with high rates of workplace surveillance and at high risk of workplace-surveillance-related health impacts4 7,d7 ,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,e7 ,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 #c1 #d1 or #g1 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 #d or #g 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 #g1 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 ,failure to comply with disclosure requirements ,for a violation of section #c1 the court may award-- 7aa7 for the first such violation1 damages of an amount not more than #ejj for each covered individual impacted2 and 7bb7 for any subsequent violation1 damages for each covered individual impacted in an amount of not more than #ejj more than the amount of the damages awarded per covered individual for the violation immediately preceding such subsequent violation4 7,,ii7 ,using surveillance data for prohibited activities ,for each violation of section #d1 the court may award-- 7aa7 damages of an amount not less than #e1jjj and not more than #bj1jjj2 or 7bb7 for any willful or repeated violation1 damages of an amount not less than #aj1jjj and not more than #dj1jjj4 7,,iii7 ,retaliation on whistleblowers ,for each violation of section #g1 the court may 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 person2 and 7,,vi7 the assets1 liabilities1 and net worth of the person4 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 #c1 #d1 or #g against a covered individual described in section #b7g77;,a77iii7 or described in section #b7g77;,b7 with respect to an employer described in section #b7aj77;,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 #c1 #d1 or #g against a covered individual described in section #b7g77;,a77iv7 or described in section #b7g77;,b7 with respect to an employer described in section #b7aj77;,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 #c1 #d1 or #g against a covered individual described in section #b7g77;,a77v7 or described in section #b7g77;,b7 with respect to an employer described in section #b7aj77;,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 #c1 #d1 or #g1 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 damages1 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 ,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 ,liability of an employer for a violation by a third party or service provider that the employer uses for workplace surveillance ,a violation of section #d by a third party or service provider that the employer uses for workplace surveillance shall be considered a violation of such section by the employer if the employer knew or should have known about such violation4 7g7 ,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 #c1 #d1 or #g4 #i4 ,report to ,congress on workplace surveillance ,the ,secretary1 acting through the ,administrator1 shall-- 7#a7 using technologists and subject matter experts1 conduct a study on workplace surveillance on covered individuals by employers1 including such workplace surveillance through technological means2 and 7#b7 not later than #a year after the date of enactment of this ,act1 and annually thereafter1 submit to ,congress1 and make publicly available1 a report on the findings of the study under paragraph 7#a71 including any recommendations for the ,president and ,congress targeted at reducing harms related to workplace surveillance on covered individuals4 #aj4 ,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 workplace surveillance4 #aa4 ,relation to other laws ,except as explicitly provided otherwise1 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 #ab4 ,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