,i #aaith ,,congress #ast ,session ,h4 ,r4 #dfdj ,,in ,,the ,,house ,,of ,,representatives ,july #bc1 #bjbe,mr4 ,casar 7for himself and ,ms4 ,tlaib7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on the ,judiciary1 and ,education and ,workforce1 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 algorithmic decision systems to inform individualized prices and wages1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,,ai ,price ,gouging and ,wage ,fixing ,act of #bjbe4 #b4 ,prohibition on surveillance-based price setting 7a7 ,surveillance-,based price setting 7#a7 ,general prohibition ,a person may not engage in surveillance-based price setting4 ,if each condition in paragraph 7#b7 is met1 any of the following is not surveillance-based price setting3 7,a7 ,a difference in price is based solely on reasonable costs associated with providing the good or service to different consumers4 7,b7 ,a discounted price is offered to members of a broadly defined group1 including teachers1 veterans1 senior citizens1 or students1 based on publicly disclosed eligibility criteria4 7,c7 ,a discounted price is offered through a loyalty1 membership1 or rewards program that consumers affirmatively enrolled in1 including signing up for a mailing list1 registering for promotional communication1 or participating in a promotional event4 7#b7 ,additional conditions for exception ,the conditions in this paragraph are the following3 7,a7 ,any eligibility criteria or condition for receiving or earning the discount or reward is clearly and conspicuously disclosed4 7,b7 ,any discount or reward is offered uniformly to all consumers who meet the disclosed eligibility criteria4 7,c7 ,any surveillance data is used solely to offer or administer the discount or reward and is not used for any other purpose1 including profiling1 targeted advertising1 or individualized price setting4 7#c7 ,requirement to publish procedures ,not later than #ahj days before the date on which a person intends to engage in any of the actions described in subparagraphs 7,a7 through 7,c7 of paragraph 7#a71 that person shall make publicly available1 in a conspicuous and accessible format1 reasonable procedures that include the following3 7,a7 ,a process for ensuring the accuracy of all data considered by the automated decision system4 7,b7 ,a procedure that allows a consumer to correct or challenge the accuracy of data considered by the automated decision system4 7,c7 ,disclosure to consumers what data is considered and how automated decision-making considers the data when setting particular prices4 7b7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices2 ,unfair methods of competition ,a violation of subsection 7a7 or a regulation promulgated under such subsection shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices and as a violation of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77 regarding unfair methods of competition4 7#b7 ,powers of ,commission ,the ,federal ,trade ,commission shall enforce subsection 7a7 and any regulation promulgated under such subsection in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any person who violates such subsection or a regulation promulgated under such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#c7 ,common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd2 #de7;a77#b72 #df7 or any jurisdictional limitation of the ,federal ,trade ,commission1 the ,federal ,trade ,commission shall also enforce subsection 7a7 or a regulation promulgated under subsection 7a71 in the same manner provided in paragraphs 7#a7 and 7#b71 with respect to-- 7,a7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 and 7,b7 organizations not organized to carry on business for their own profit or that of their members4 7#d7 ,authority preserved ,nothing in this ,act may be construed to limit the authority of the ,commission under any other provision of law4 7c7 ,actions by ,states 7#a7 ,in general ,in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of such ,state has been or is threatened or adversely affected by an act or practice in violation of subsection 7a7 or a regulation promulgated under such subsection1 the ,state1 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 such act or practice2 7,b7 enforce compliance with such subsection or such regulation2 7,c7 obtain1 per violation1 the greater of-- 7i7 the actual monetary damages incurred from the violation2 or 7ii7 #c1jjj2 or 7,d7 obtain any restitution1 penalties1 and any other legal or equitable relief on behalf of residents as the court may deem just and proper4 7#b7 ,rule of construction ,for purposes of bringing a civil action under this subsection1 nothing in this ,act shall be construed to prevent an attorney general1 official1 or agency of a ,state from exercising the powers conferred on the attorney general1 official1 or agency by the laws of such ,state to conduct investigations1 administer oaths and affirmations1 or compel the attendance of witnesses or the production of documentary and other evidence4 7d7 ,private right of action 7#a7 ,in general ,a person injured by an act or practice in violation of subsection 7a7 or a regulation promulgated under such subsection may bring in an appropriate ,state court or an appropriate district court of the ,united ,states-- 7,a7 to enjoin the violation2 7,b7 to obtain1 for each violation1 the greater of-- 7i7 the actual monetary damages incurred from the violation2 or 7ii7 #c1jjj2 or 7,c7 obtain1 for each violation1 any other restitution1 penalties1 and other legal or equitable relief as the court may deem just and proper4 7#b7 ,willful violations ,if the court finds that the defendant acted willfully in committing a violation described in paragraph 7#a71 the court may1 in its discretion1 increase the amount of the award to an amount equal to not more than #c times the amount available under paragraph 7#a77;,b74 7#c7 ,costs and attorney's fees ,the court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney's fees1 as determined by the court4 7#d7 ,limitation ,an action may be commenced under this subsection not later than #e years after the date on which the person first discovered or had a reasonable opportunity to discover the violation4 7#e7 ,nonexclusive remedy ,the remedy provided by this subsection shall be in addition to any other remedies available to the person4 7#f7 ,invalidity of pre-dispute arbitration and joint action waivers ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 or any other provision of law1 a pre-dispute arbitration agreement or pre-dispute joint action waiver between a person engaged in commerce and a consumer is not valid or enforceable for purposes of this section4 7e7 ,definitions ,in this section3 7#a7 ,automated decision system ,the term automated decision system-- 7,a7 means a system1 software1 or process that uses computation1 the result for which is used to assist or approximate human decision-making2 and 7,b7 includes a system1 software1 or process derived from machine learning1 statistics1 or other data processing or artificial intelligence techniques4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,genetic information ,the term genetic information-- 7,a7 means1 with respect to an individual1 information about-- 7i7 any genetic test2 7ii7 the genetic tests of any family member2 and 7iii7 the manifestation of a disease or disorder in any family member2 7,b7 includes1 with respect to an individual1 any request for1 or receipt of1 genetic services1 or participation in clinical research which includes genetic services1 by the individual or any family member of the individual2 and 7,c7 does not include information about the sex or age of the individual4 7#d7 ,personal information ,the term personal information means any quality1 feature1 attribute1 or trait of an individual1 including any immutable characteristic 7such as race and eye color71 mutable characteristic 7such as address1 weight1 citizenship1 family1 or parenthood status71 and any other information that could reasonably be linked1 directly or indirectly1 with a particular person or household4 7#e7 ,pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not arisen at the time of making the agreement4 7#f7 ,pre-dispute joint action waiver ,the term pre-dispute joint action waiver means an agreement1 including as part of a pre-dispute 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 arisen at the time of making the agreement4 7#g7 ,price ,the term price means the amount charged or offered to a consumer in relation to a transaction1 including any related cost and fee and any other material term of the transaction that has direct bearing on the amount paid by the consumer or the value of the good or service offered or provided to the consumer4 7#h7 ,surveillance-based price setting ,the term surveillance-based price setting means using an automated decision system to offer or inform a customized price for a good or service for a specific person or consumer1 or group of people or consumers1 based1 in whole or in part1 on surveillance data4 7#i7 ,surveillance data ,the term surveillance data-- 7,a7 means data obtained through observation1 inference1 or surveillance of an individual that is related to personal information1 genetic information1 behavior1 or biometrics of the individual or a group1 band1 class1 or tier in which the individual belongs2 and 7,b7 includes information gathered1 purchased1 or otherwise acquired4 #c4 ,prohibition on surveillance-based wage setting 7a7 ,general prohibition ,a person may not engage in surveillance-based wage setting4 ,it shall not be considered surveillance-based wage setting so long as the person can demonstrate that the automated decision system uses only data regarding the city or ,state where the individual worker works and the cost of living in that city or ,state4 7b7 ,requirement ,to publish procedures ,not later than #ahj days prior to the date in which a person engaged in commerce intends to use an automated decision system to inform the wages of an individual performing services for such person1 that person shall make publicly available1 in a conspicuous and accessible format1 reasonable procedures that include the following3 7#a7 ,a process for ensuring the accuracy of all data considered by the automated decision system4 7#b7 ,a process to disclose to all individuals performing services for such person which data is considered and how the automated decisions system considers the data when setting wages4 7#c7 ,a procedure for individuals performing services for such person to correct or challenge the accuracy of any data considered by the automated decision system4 7c7 ,enforcement by ,equal ,employment ,opportunity ,commission ,in any case in which the ,equal ,opportunity ,commission has a reason to believe that a violation of subsection 7a7 or a violation of a regulation promulgated under such subsection has adversely affected any individual or group of individuals1 the ,equal ,employment ,opportunity ,commission may bring a civil action on behalf of that individual or group in an appropriate district court of the ,united ,states to-- 7#a7 enjoin such act or practice2 7#b7 enforce compliance with such subsection or such regulation2 and 7#c7 obtain damages1 restitution1 penalties1 or other compensation on behalf of individuals or groups or such other legal and equitable relief as the court may consider appropriate4 7d7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices2 ,unfair methods of competition ,a violation of subsection 7a7 or a regulation promulgated under such subsection shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices and as a violation of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7;a77 regarding unfair methods of competition4 7#b7 ,powers of ,commission ,the ,federal ,trade ,commission shall enforce subsection 7a7 and any regulation promulgated under such subsection in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 ,any person who violates such subsection or a regulation promulgated under such subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#c7 ,common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd2 #de7;a77#b72 #df7 or any jurisdictional limitation of the ,federal ,trade ,commission1 the ,federal ,trade ,commission shall also enforce subsection 7a7 or a regulation promulgated under subsection 7a71 in the same manner provided in paragraphs 7#a7 and 7#b71 with respect to-- 7,a7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 and 7,b7 organizations not organized to carry on business for their own profit or that of their members4 7#d7 ,authority preserved ,nothing in this ,act may be construed to limit the authority of the ,commission under any other provision of law4 7e7 ,actions by ,states ,in any case in which the attorney general of a ,state1 or an official or agency of a ,state1 has reason to believe that an interest of the residents of such ,state has been or is threatened or adversely affected by an act or practice in violation of subsection 7a7 or a regulation promulgated under such subsection1 the ,state may bring a civil action on behalf of the residents of the ,state in an appropriate ,state court or district court of the ,united ,states of appropriate jurisdiction to-- 7#a7 enjoin such act or practice2 7#b7 enforce compliance with such subsection or such regulation2 7#c7 obtain1 per violation1 the greater of-- 7,a7 the actual monetary damages incurred from the violation2 or 7,b7 #c1jjj2 or 7#d7 obtain any restitution1 penalties1 and any other legal or equitable relief on behalf of residents as the court may deem just and proper4 7f7 ,private right of action 7#a7 ,in general ,a person injured by an act or practice in violation of subsection 7a71 or a regulation promulgated under such subsection1 may bring in an appropriate ,state court or a district court of the ,united ,states of appropriate jurisdiction an action to-- 7,a7 enjoin the violation2 7,b7 obtain1 for each violation1 the greater of-- 7i7 the actual monetary damages incurred from the violation2 or 7ii7 #c1jjj2 or 7,c7 obtain1 for each violation1 any other restitution1 penalties1 and other legal or equitable relief as the court may deem just and proper4 7#b7 ,willful violations ,if the court finds that the defendant acted willfully in committing a violation described in paragraph 7#a71 the court may1 in its discretion1 increase the amount of the award to an amount equal to not more than #c times the amount available under subparagraph 7,a77ii74 7#c7 ,costs and attorney's fees ,the court shall award to a prevailing plaintiff in an action under this subsection the costs of such action and reasonable attorney's fees1 as determined by the court4 7#d7 ,limitation ,an action may be commenced under this subsection not later than #e years after the date on which the person first discovered or had a reasonable opportunity to discover the violation4 7#e7 ,nonexclusive remedy ,the remedy provided by this subsection shall be in addition to any other remedies available to the person4 7#f7 ,invalidity of pre-dispute arbitration and joint action waivers ,notwithstanding chapter #a of title #i1 ,united ,states ,code 7commonly known as the ,federal ,arbitration ,act71 or any other provision of law1 a pre-dispute arbitration agreement or pre-dispute joint action waiver between a person engaged in commerce and an individual whose wages are set in violation of this section shall not be valid or enforceable for the purposes of this section4 7g7 ,definition ,in this section3 7#a7 ,automated decision system ,the term automated decision system-- 7,a7 means a system1 software1 or process that uses computation1 the result for which is used to assist1 inform1 or perform decision-making functions2 and 7,b7 includes a system1 software1 or process derived from machine learning1 statistics1 or other data processing or artificial intelligence techniques4 7#b7 ,,flsa terms ,the terms commerce and person have the meanings given the terms in section #c of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc74 7#c7 ,personal information ,the term personal information means any quality1 feature1 attribute1 or trait of an individual1 including any immutable characteristic 7such as race and eye color71 mutable characteristic 7such as address1 weight1 citizenship1 family1 or parenthood status71 and any other information that could reasonably be linked1 directly or indirectly1 with a particular person or household4 7#d7 ,pre-dispute arbitration agreement ,the term pre-dispute arbitration agreement means any agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement4 7#e7 ,pre-dispute joint action waiver ,the term pre-dispute joint action waiver means an agreement1 including as part of a pre-dispute 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#f7 ,surveillance-based wage setting ,the term surveillance-based wage setting means using an automated decision system that considers personal information or surveillance data to set or inform the compensation of an individual performing services for a person4 7#g7 ,surveillance data ,the term surveillance data-- 7,a7 means data obtained through observation1 inference1 or surveillance of an individual that is related to personal information1 genetic information1 behavior1 or biometrics of the individual or a group1 band1 class1 or tier in which the individual belongs2 and 7,b7 includes information gathered1 purchased1 or otherwise acquired4 7#h7 ,wage ,the term wage means the material terms offered to a worker in exchange for labor1 including the amount paid for such labor1 whether in the form of an hourly rate1 piece rate1 salary1 bonus1 commission and incentives1 scheduling1 task assignment1 or other similar material terms that have a direct impact on the earnings of the worker4 #d4 ,preemption of directly conflicting ,state laws 7a7 ,in general ,nothing in this ,act may be construed to preempt1 displace1 or supplant any ,state law1 except to the extent that a provision of ,state law conflicts with a provision of this ,act4 7b7 ,greater protection under ,state law ,for the purposes of this ,act1 a provision of ,state law does not conflict with a provision of this ,act if such ,state law provides additional protections with respect to individuals protected under this ,act with respect to surveillance-based wage setting or the collection of surveillance data4 #e4 ,preservation of collective bargaining rights 7a7 ,rule of construction ,nothing in this ,act shall be construed to preempt1 diminish1 or interfere with the right of employees to collectively bargain over terms and conditions of employment1 including protections against surveillance-based wage discrimination4 7b7 ,minimum standard ,the provisions of this ,act shall be considered a minimum standard and may not be construed to limit the authority of labor organizations and employers to negotiate and agree to stronger or additional protections through collective bargaining agreements4 7c7 ,existing agreements ,in the case that a collective bargaining agreement is in place1 employers shall provide advance notice and a reasonable opportunity for bargaining over any intended use of automated decision systems to set or influence employee compensation4 7d7 ,stronger protections ,any rights or protections negotiated through a collective bargaining agreement that exceed the requirements of this ,act shall be fully enforceable and shall not be considered waived or precluded by compliance with this ,act4