,,ii #aaith ,,congress #b;d ,session ,s4 #dhcc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjbf,mr4 ,markey 7for himself1 ,mr4 ,schatz1 ,mr4 ,sanders1 ,ms4 ,baldwin1 ,ms4 ,warren1 ,mr4 ,blumenthal1 and ,mr4 ,fetterman7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to prohibit certain uses of automated decision systems by employers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,robot ,bosses ,act4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,adverse work action ,the term adverse work action1 with respect to a covered individual1 means a change by the employer of the covered individual in the compensation1 terms1 conditions1 or privileges of the job of the covered individual that puts the covered individual in a materially adverse position than prior to the change1 including a termination1 reduction in benefits1 disciplinary action1 demotion1 transfer1 imposition of a work schedule more burdensome to the covered individual1 reduction of scheduled hours1 adjustment in the ability for a promotion1 or other modifications to the compensation1 terms1 conditions1 or privileges of the job of the covered individual4 7#b7 ,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#c7 ,automated decision system 7,a7 ,in general ,the term automated decision system means any system1 software1 or process 7including one derived from machine learning1 statistics1 or other data processing or artificial intelligence techniques and excluding passive computing infrastructure7 that uses computation to produce a prediction1 score1 ranking1 recommendation1 decision1 evaluation1 metric1 conclusion1 inference1 or profile4 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#d7 ,covered individual ,the term covered individual1 with respect to an employer1 means an individual-- 7,a7 who is employed by1 or otherwise performs 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#i77;,a72 7ii7 any individual performing work for remuneration for an entity described in clauses 7i77,,ii7 and 7ii7 of paragraph 7#i77;,a72 7iii7 any individual performing work for remuneration for an employing office described in clauses 7i77,,iii7 and 7ii7 of paragraph 7#i77;,a72 7iv7 any individual performing work for remuneration for an employing office described in clauses 7i77,,iv7 and 7ii7 of paragraph 7#i77;,a72 or 7v7 any individual performing work for remuneration for an employing agency described in clauses 7i77,v7 and 7ii7 of paragraph 7#i77;,a7 who is not covered under clause 7iv72 or 7,b7 who is an applicant with respect to the employer4 7#e7 ,developer 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term developer1 with respect to an automated decision system that is intended or reasonably likely to be used by an employer to make a work-related decision1 means any person that designs1 codes1 customizes1 produces1 or substantially modifies the automated decision system1 including such a person that is the employer4 7,b7 ,assumption of responsibility by employer ,if an employer assumes the responsibility of a person that would otherwise be a developer of an automated decision system as described in section #e7;b77#b77;,b71 the person shall not be considered a developer for purposes of the use by the employer of the automated decision system and the employer shall be considered a developer for such purposes4 7,c7 ,rule of construction ,subparagraph 7,a7 or 7,b7 shall not be interpreted to mean that an employer may not also be a developer described in such subparagraph or that such a developer may not also be an employer4 7#f7 ,director ,the term ,director means the ,director of the ,fairness and ,transparency ,office established under section #f4 7#g7 ,disparate impact 7,a7 ,in general ,the term disparate impact means an unjustified differential effect on an individual or group of individuals on the basis of an actual or perceived protected characteristic4 7,b7 ,unjustified differential effect ,for purposes of subparagraph 7,a71 with respect to the action1 policy1 or practice of an employer1 a differential effect is unjustified if-- 7i7 the developer or employer fails to demonstrate that such action1 policy1 or practice causing the differential effect is necessary to achieve a substantial1 legitimate1 and nondiscriminatory interest2 or 7ii7 in the event the employer demonstrates such interest1 an alternative action1 policy1 or practice could serve such interest with less differential effect4 7,c7 ,application to automated decision system ,with respect to demonstrating that an automated decision system causes or contributes to a differential effect1 the automated decision system is presumed to be not separable for analysis and may be analyzed holistically as a single action1 policy1 or practice1 unless the developer or employer proves that the automated decision system is separable by a preponderance of the evidence4 7#h7 ,egregious misconduct ,the term egregious misconduct1 with respect to a covered individual1 means deliberate or grossly negligent conduct that endangers the safety or well-being of the covered individual1 co-workers of the covered individual1 customers1 or other persons1 including discrimination against or harassment of co-workers1 customers1 or other persons4 7#i7 ,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 or worker advocacy organization 7other than when a labor organization or worker advocacy organization is acting as an employer7 or anyone acting in the capacity of officer or agent of such labor organization or worker advocacy 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#aj7 ,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#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 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#ac7 ,personal data ,the term personal data-- 7,a7 means information that identifies or is linked or reasonably linkable1 alone or in combination with other information1 to an individual or an individual's device2 and 7,b7 includes derived data and unique persistent identifiers4 7#ad7 ,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#ae7 ,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#af7 ,protected characteristic ,the term protected characteristic means any of the following actual or perceived traits of an individual or group of individuals3 7,a7 ,race4 7,b7 ,color4 7,c7 ,ethnicity4 7,d7 ,national origin1 nationality1 or immigration status4 7,e7 ,religion4 7,f7 ,sex 7including a sex stereotype1 pregnancy1 childbirth1 or a related medical condition1 sexual orientation or gender identity1 and sex characteristics1 including intersex traits74 7,g7 ,disability4 7,h7 ,limited ,english proficiency4 7,i7 ,biometric information4 7,j7 ,familial or marital status4 7,k7 ,source of income4 7,l7 ,income level 7not including the ability to pay for a specific good or service being offered74 7,m7 ,age4 7,n7 ,veteran status4 7,o7 ,genetic information or medical conditions4 7,p7 ,any other classification protected by ,federal law4 7#ag7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#ah7 ,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#ai7 ,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#bj7 ,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#ba7 ,tribal government ,the term ,tribal government means the recognized governing body of an ,indian ,tribe4 7#bb7 ,work-related decision ,the term work-related decision includes a decision by an employer with regard to-- 7,a7 hiring or engaging a covered individual 7including any decision with regard to recruiting1 screening1 interviewing1 reviewing1 or selecting an applicant72 7,b7 firing1 retaining1 taking a disciplinary action against1 demoting1 deactivating1 or reassigning duties of a covered individual2 or 7,c7 any other term1 condition1 or privilege of employment or other work of the covered individual1 such as relating to wages1 wage setting1 work hours1 scheduling1 attendance requirements1 workload1 performance standards1 assignment of work1 access to work and training opportunities1 productivity requirements1 promotion1 workplace health and safety1 health care or long-term care coverage1 or other benefits4 #c4 ,use of an automated decision system by an employer 7a7 ,work-,related decisions 7#a7 ,in general ,an employer-- 7,a7 may not rely predominantly on an automated decision system in making a work-related decision with respect to a covered individual2 and 7,b7 may not use an automated decision system in a manner that would-- 7i7 prevent compliance with1 or result in a violation of1 any ,federal1 ,state1 or local labor1 occupational safety and health1 employment1 or civil rights law1 including regulation2 7ii7 prevent compliance with any right of a covered individual to reasonable accommodations or nondiscrimination as required by ,federal1 ,state1 or local law2 or 7iii7 prevent or discourage a covered individual from exercising any right under the ,national ,labor ,relations ,act 7#bi ,u4,s4,c4 #aea et seq47 or any similar rights under any other ,federal1 ,state1 or local law4 7#b7 ,disclosures 7,a7 ,in general ,an employer that uses or intends to use an automated decision system in making a work-related decision with respect to a covered individual shall1 in accordance with subparagraph 7,b71 disclose to such covered individual-- 7i7 that the employer uses or intends to use an automated decision system in making such a work-related decision2 7ii7 a description and explanation of the automated decision system1 including-- 7,i7 the types of data collected or intended to be collected as inputs to the automated decision system and the circumstances of such collection2 7,,ii7 the characteristics that the automated decision system measures or is intended to measure1 such as the knowledge1 skills1 or abilities of the covered individual2 7,,iii7 how such characteristics relate or would relate to any function required for the work or potential work of the covered individual2 7,,iv7 how the system measures or is intended to measure such characteristics2 7,v7 any performance standards or metrics used as inputs or produced as outputs of the automated decision system2 and 7,,vi7 how the covered individual can interpret the output of such automated decision system in plain language2 7iii7 the identity of the individual or entity that operates the automated decision system2 7iv7 how the employer uses or intends to use such an automated decision system in making such a work-related decision2 7v7 how the covered individual may dispute or appeal a work-related decision made with respect to the covered individual using an automated decision system2 and 7vi7 the trade name of the automated decision system4 7,b7 ,timing of disclosures 7i7 ,disclosures with regard to hiring and processing applications 7,i7 ,in general ,an employer shall provide a disclosure required under subparagraph 7,a7 to the covered individual-- 7aa7 in the case of a covered individual for whom a work-related decision with regard to the hiring of the covered individual-- 7,,aa7 was made on or after the date that is #e years prior to the date of enactment of this ,act1 but before such date of enactment1 not later than #cj days after such date of enactment2 or 7,,bb7 except as provided in item 7bb71 is made on or after the date of enactment of this ,act1 prior to making such work-related decision2 and 7bb7 in the case of an applicant who applies to the employer on or after the date of enactment of this ,act1 prior to processing an application by the applicant to be employed by1 or otherwise perform work for remuneration for1 the employer4 7,,ii7 ,employers needing information for prior work-related decisions ,with respect to a disclosure described in subclause 7,i77aa77,,aa71 in the case of an employer that did not maintain1 prior to the date of enactment of this ,act1 all of the information described in subparagraph 7,a7 required for such a disclosure1 the employer shall-- 7aa7 provide the disclosure in accordance with this paragraph with respect to as much information described in subparagraph 7,a7 as the employer did maintain2 and 7bb7 inform the covered individual in accordance with such subclause that the employer did not maintain records of the other information required under such subparagraph4 7ii7 ,other disclosures 7,i7 ,in general ,with respect to any work-related decision not described in clause 7i7 that is made on or after the date of enactment of this ,act1 an employer shall provide the disclosure required under subparagraph 7,a7 prior to making such work-related decision4 7,,ii7 ,adverse work actions ,notwithstanding subclause 7,i71 in the case the work-related decision described in such subclause is for an adverse work action against the covered individual1 the disclosure described in such subclause shall be required at least #g days prior to taking the adverse work action4 7iii7 ,updated disclosures ,with respect to a covered individual for whom an employer provided a disclosure under subparagraph 7,a71 the employer shall provide the covered individual with an updated disclosure-- 7,i7 not less than #g days before implementing changes to practices disclosed under clause 7ii7 or 7iv7 of subparagraph 7,a72 or 7,,ii7 immediately upon significant new information required to be provided in such a disclosure becoming available4 7,c7 ,exceptions 7i7 ,in general ,notwithstanding any provision in this paragraph1 no disclosure is required under this paragraph for any work-related decision made prior to the date of enactment of this ,act1 except for such a decision with regard to the hiring of a covered individual that is made not prior to the date that is #e years before the date of enactment of this ,act as described in subparagraph 7,b77i77,i77aa77,,aa74 7ii7 ,egregious misconduct ,notwithstanding any provision in this paragraph1 in the case a covered individual engages in egregious misconduct1 an employer may issue a disclosure under this paragraph for a work-related decision made by the employer with respect to such egregious misconduct after the employer makes such work-related decision4 7#c7 ,training ,an employer that uses or intends to use an automated decision system in making a work-related decision with respect to a covered individual shall train any individual or entity that operates the automated decision system on the use of such system1 including on-- 7,a7 the input information used by such automated decision system2 7,b7 the appeals process for the output of such an automated decision system2 7,c7 potential biases in automated decision systems2 7,d7 any limitations of the automated decision system1 including intended use cases1 known performance issues outside of those use cases1 and proper interpretation of outputs2 7,e7 any potential adverse effects to covered individuals due to the automated decision system2 7,f7 any potential errors or problems related to the automated decision system2 and 7,g7 examples of inappropriate uses of the automated decision system1 such as misinterpretation of outputs or exclusive reliance on outputs to make a decision4 7b7 ,management by an automated decision system ,an employer that manages a covered individual through an automated decision system shall enable the covered individual to opt out of such management and instead be managed through a human manager who is able to make work-related decisions with respect to the covered individual4 7c7 ,applicant opt out ,an employer shall enable applicants to opt out of having application materials screened1 reviewed1 or processed by an automated decision system and instead be screened1 reviewed1 or processed by a human1 including in cases in which the employer engages a third party to screen1 review1 or process application materials4 #d4 ,predeployment evaluations and post-deployment impact assessments 7a7 ,predeployment evaluations 7#a7 ,for developers ,before a developer deploys1 licenses1 or offers an automated decision system 7including deploying a material change to a previously deployed automated decision system or a material change made prior to deployment7 that is intended or reasonably likely to be used to make a work-related decision1 the developer of the automated decision system shall conduct a predeployment evaluation that-- 7,a7 includes a detailed review of the automated decision system2 and 7,b7 results in a report1 sufficient for an individual having ordinary skill in the art to understand the functioning1 risks1 uses1 benefits1 limitations1 and other pertinent attributes of the automated decision system1 that includes-- 7i7 a description of the automated decision system's design and methodology1 including the inputs the automated decision system is designed to use to produce an output and the outputs the automated decision system is designed to produce for purposes of specific work-related decisions2 7ii7 a description of how the automated decision system was created and tested1 including-- 7,i7 any metric used to test the performance of the automated decision system2 7,,ii7 defined benchmarks and goals that correspond to such metrics1 including whether there was sufficient representation of demographic groups that are reasonably likely to use or be affected by the automated decision system in the data used to create or train the automated decision system1 and whether there was reasonable testing1 if any1 across such demographic groups2 7,,iii7 the outputs the automated decision system actually produces in testing2 7,,iv7 a description of any consultation with relevant stakeholders1 including covered individuals that will be impacted by the automated decision system1 regarding the development of the automated decision system or a disclosure that no such consultation occurred2 7,v7 any computational algorithm incorporated into the development of the automated decision system and a description of the training process for such algorithm including the training1 validation1 and test data used to confirm the intended outputs2 and 7,,vi7 a description of the data and information used to develop1 test1 maintain1 or update the automated decision system1 including-- 7aa7 each type of personal data used1 each source from which the personal data was collected1 and how each type of personal data was inferred and processed2 7bb7 the legal authorization for collecting and processing the personal data2 and 7cc7 an explanation of how the data 7including personal data7 used is representative1 proportional1 and appropriate to the development and intended uses of the automated decision system2 7iii7 a description of-- 7,i7 the potential for the automated decision system to pose risks to workers' rights1 including with respect to the privacy1 physical and mental health and safety1 dignity1 and autonomy of workers or to result in the chilling of legally protected activity 7including organizing and collective bargaining72 and 7,,ii7 any potential economic impact of the automated decision system on workers1 such as with respect to wages1 hours1 schedules1 benefits1 skills training1 work opportunities1 and advancement2 7iv7 a description of the potential for the automated decision system to discriminate1 including by having a disparate impact on the equal enjoyment of goods1 services1 or other activities or opportunities1 and a description of such discrimination2 and 7v7 a description of alternative practices and recommendations to prevent or mitigate risks to workers' rights and recommendations for how the developer could monitor for risks to workers' rights after offering1 licensing1 or deploying the automated decision system4 7#b7 ,for employers ,before an employer deploys an automated decision system 7including deploying a material change to a previously deployed automated decision system or a material change made prior to deployment7 that is intended or reasonably likely to be used to make a work-related decision1 the employer shall conduct a predeployment evaluation that-- 7,a7 includes a detailed review of the automated decision system2 and 7,b7 results in a report1 sufficient for an individual having ordinary skill in the art to understand the functioning1 risks1 uses1 benefits1 limitations1 and other pertinent attributes of the automated decision system1 that includes-- 7i7 a description of the manner in which the automated decision system may be used to make or contribute to a work-related decision and the purpose for which the automated decision system will be deployed2 7ii7 a description of the necessity and proportionality of the automated decision system in relation to its planned use1 including the intended benefits and limitations of the automated decision system and a description of the baseline process being enhanced or replaced by the automated decision system1 if applicable2 7iii7 a description of the inputs to the automated decision system that the employer plans to use to produce an output1 including-- 7,i7 the type of personal data and information used and how the personal data and information will be collected1 inferred1 and processed2 7,,ii7 the legal authorization for collecting and processing the personal data2 and 7,,iii7 an explanation of how the data used is representative1 proportional1 and appropriate to the deployment of the automated decision system2 7iv7 a description of the outputs the automated decision system is expected to produce and the outputs the automated decision system actually produces in testing2 7v7 a description of any additional testing or training completed by the employer for the context in which the automated decision system will be deployed2 7vi7 a description of any consultation with relevant stakeholders1 including covered individuals that will be impacted by the automated decision system1 regarding the deployment of the automated decision system2 7vii7 a description of-- 7,i7 the potential for the automated decision system to pose risks to workers' rights1 including with respect to the privacy1 physical and mental health and safety1 dignity1 and autonomy of workers or to result in the chilling of legally protected activity 7including organizing and collective bargaining72 and 7,,ii7 any potential economic impact of the automated decision system on workers1 such as with respect to wages1 hours1 schedules1 benefits1 skills training1 work opportunities1 and advancement2 7viii7 a description of the potential for the automated decision system to discriminate1 including by having a disparate impact on the equal enjoyment of goods1 services1 or other activities or opportunities1 and a description of such discrimination2 and 7ix7 a description of alternative practices and recommendations to prevent or mitigate risks to workers' rights and recommendations for how the employer could monitor for risks to workers' rights after offering1 licensing1 or deploying the automated decision system4 7#c7 ,effective date ,the requirements for predeployment evaluations under paragraphs 7#a7 and 7#b7 shall only apply with respect to the deployment1 licensing1 or offering of any automated decision system that occurs on or after the date of enactment of this ,act4 7b7 ,employer annual impact assessment ,an employer that deploys an automated decision system used to make a work-related decision in any year shall conduct an impact assessment of the automated decision system with respect to the use of such system in such year in accordance with the following3 7#a7 ,impact assessment ,the employer shall-- 7,a7 conduct a full impact assessment on the automated decision system with respect to the year1 including the information described in paragraph 7#b7 as relevant2 and 7,b7 prepare a report on such assessment1 including-- 7i7 a description of the extent to which the automated system during the year infringed on the rights of any worker1 including with respect to the privacy1 physical and mental health and safety1 dignity1 and autonomy of workers or to result in the chilling of legally protected activity 7including organizing and collective bargaining71 or had an economic impact on any worker1 such as with respect to wages1 hours1 schedules1 benefits1 skills training1 work opportunities1 and advancement2 7ii7 a description of the extent to which the automated decision system produced a disparate impact in the equal enjoyment of goods1 services1 or other activities or opportunities1 including the methodology for such evaluation1 of how the automated decision system produced or likely produced such disparity2 7iii7 a description of the types of data input into the automated decision system during the reporting period to produce an output1 including-- 7,i7 documentation of how data input into the automated decision system to produce an output is represented and complete descriptions of each field of data2 and 7,,ii7 whether and to what extent the data input into the automated decision system to produce an output was used to modify the automated decision system2 7iv7 whether and to what extent the automated decision system produced the outputs it was expected to produce2 and 7v7 a detailed description of how the automated decision system was used to make a work-related decision4 7#b7 ,employers with a deployed automated decision system ,an employer that deployed an automated decision system used to make a work-related decision before the date of enactment of this ,act and has not otherwise conducted a predeployment evaluation under subsection 7a7 or a review under this paragraph with respect to the automated decision system shall-- 7,a7 conduct a detailed review of the automated decision system2 and 7,b7 include in the first impact assessment of such automated decision system under paragraph 7#a7 a report1 sufficient for an individual having ordinary skill in the art to understand the functioning1 risks1 uses1 benefits1 limitations1 and other pertinent attributes of the automated decision system1 that includes-- 7i7 a description of the manner in which the automated decision system may be used to make or contribute to a work-related decision and the purpose for which the automated decision system will be deployed2 7ii7 a description of the necessity and proportionality of the automated decision system in relation to its planned use1 including the intended benefits and limitations of the automated decision system and a description of the baseline process being enhanced or replaced by the automated decision system1 if applicable2 and 7iii7 a description of the inputs to the automated decision system that the employer plans to use to produce an output1 including-- 7,i7 the type of personal data and information used and how the personal data and information will be collected1 inferred1 and processed2 7,,ii7 the legal authorization for collecting and processing the personal data2 and 7,,iii7 an explanation of how the data used is representative1 proportional1 and appropriate to the deployment of the automated decision system4 7#c7 ,report ,not later than #cj days after the completion of a report on an impact assessment under paragraph 7#a77;,b71 an employer shall submit to the developer of the automated decision system a summary of such report4 7c7 ,developer annual review of assessments ,a developer of an automated decision system used by an employer in any year to make a work-related decision shall review each impact assessment summary submitted by an employer under subsection 7b77#c7 with respect to such system in such year for the following3 7#a7 ,to assess how the employer is using the automated decision system1 including the methodology for assessing such use4 7#b7 ,to assess the type of data the employer is inputting into the automated decision system to produce an output and the types of outputs the automated decision system is producing4 7#c7 ,to assess whether the employer is complying with any relevant contractual agreement with the developer and whether any remedial action is necessary4 7#d7 ,to compare the automated decision system's performance in real-world conditions versus any predeployment testing available1 including the methodology used to evaluate such performance4 7#e7 ,to assess whether the automated decision system infringed on workers' rights or is reasonably likely to be infringing on workers' rights4 7#f7 ,to assess whether and1 if so1 how the automated decision system is causing1 or is reasonably likely to be causing1 a disparate impact in the equal enjoyment of goods1 services1 or other activities or opportunities4 7#g7 ,to determine whether the automated decision system needs modification4 7#h7 ,to determine whether any other action is appropriate to ensure that the automated decision system remains safe and effective4 7d7 ,joint developer and employer obligations ,if a person is both the developer of an automated decision system and an employer deploying an automated decision system1 the person may conduct combined predeployment evaluations and annual assessments1 provided that each combined evaluation or assessment satisfies all requirements for both developers and employers4 7e7 ,relationships between developers and employer ,the developer of an automated decision system shall1 upon the reasonable request of an employer using the automated decision system1 make available to the employer information necessary for the employer to demonstrate compliance with the requirements of this ,act1 including-- 7#a7 making available to the employer a report on the predeployment evaluation required under subsection 7a7 or the annual review of assessments conducted by the developer under subsection 7c72 and 7#b7 providing information necessary to enable the employer to conduct and document a predeployment evaluation under subsection 7a7 or an impact assessment under subsection 7b74 7f7 ,reporting and retention requirements 7#a7 ,reporting ,a developer or employer that conducts a predeployment evaluation1 impact assessment1 or developer annual review of assessments under this section shall-- 7,a7 not later than #cj days after completion of such evaluation1 assessment1 or review1 submit the evaluation1 assessment1 or review to the ,fairness and ,transparency ,office of the ,department of ,labor2 7,b7 upon request1 make the completed evaluation1 assessment1 or review available to ,congress2 and 7,c7 not later than #cj days after such completion-- 7i7 publish a summary of the evaluation1 assessment1 or review on the website of the developer or employer in a manner that is easily accessible to individuals2 and 7ii7 submit such summary to the ,fairness and ,transparency ,office of the ,department of ,labor4 7#b7 ,retention ,a developer or employer shall retain all evaluations1 assessments1 and reviews conducted under this section for a period of not fewer than #aj years after the completion of the evaluation1 assessment1 or review4 7#c7 ,trade secrets and privacy ,a developer or employer-- 7,a7 may redact and segregate any trade secret 7as defined in section #ahci of title #ah1 ,united ,states ,code7 from public disclosure in the summary published and submitted under paragraph 7#a77;,c72 and 7,b7 shall redact and segregate personal data from public disclosure in such summary4 7g7 ,rulemaking 7#a7 ,authority ,the ,director of the ,fairness and ,transparency ,office of the ,department of ,labor may1 in accordance with section #eec of title #e1 ,united ,states ,code1 promulgate such rules as may be necessary to carry out this section4 7#b7 ,additional regulations ,not later than #b years after the date of enactment of this ,act1 the ,director of the ,fairness and ,transparency ,office shall-- 7,a7 promulgate rules1 pursuant to section #eec of title #e1 ,united ,states ,code1 specifying-- 7i7 what information and factors a developer or employer shall consider in making the predeployment evaluation required under subsection 7a72 7ii7 what information a developer or employer shall include in a summary of an evaluation1 assessment1 or review described in subsection 7f77#a77;,c72 and 7iii7 the extent to and process by which a developer may request additional information from a employer for purposes of the review under subsection 7c71 including the purposes for which a developer is permitted to use such additional information2 and 7,b7 in promulgating such rules1 consider the need to protect the privacy of personal data1 as well as the need for information sharing by developers and employers to comply with this section and inform the public4 #e4 ,automated decision system standards 7a7 ,automated decision system use ,a developer of an automated decision system that is intended or reasonably likely to be used to make a work-related decision and each employer using such automated decision system shall-- 7#a7 take reasonable measures to prevent and mitigate any risks to workers' rights from the automated decision system that are identified by a predeployment evaluation under section #d7;a7 or an impact assessment under section #d7;b72 7#b7 consult stakeholders1 including stakeholders representing any community that will be impacted by the automated decision system1 regarding the development or deployment of the automated decision system2 and 7#c7 certify to the ,director before deploying1 licensing1 or offering the automated decision system that1 based on the results of the predeployment evaluation under section #d7;a7 or an impact assessment under section #d7;b71 use of the automated decision system is not likely to result in-- 7,a7 risk to workers' rights1 including with respect to the privacy1 physical and mental health and safety1 dignity1 and autonomy of workers2 or 7,b7 the chilling of legally protected activity 7including with respect to organizing and collective bargaining74 7b7 ,off-,label use 7#a7 ,developers ,a developer of an automated decision system may not knowingly offer or license the automated decision system for use in producing outputs for purposes of any work-related decision other than those described in the predeployment evaluation under section #d7;a74 7#b7 ,employers 7,a7 ,in general ,except as provided in subparagraph 7,b71 an employer may not knowingly use an automated decision system to produce outputs for purposes of a work-related decision other than for purposes of a work-related decision that is described in the predeployment evaluation under such section by the developer of the automated decision system4 7,b7 ,assumption of responsibility ,an employer that intends to use an automated decision system to produce an output for purposes of a work-related decision that is not described in the predeployment evaluation under such section by the developer of the automated decision system shall assume the responsibilities of the developer required by this ,act 7other than with respect to conducting a review of assessments under section #d7;c77 with respect to the use by the employer of the automated decision system4 #f4 ,establishment of ,fairness and ,transparency ,office 7a7 ,in general ,there is established in the ,wage and ,hour ,division of the ,department of ,labor the ,fairness and ,transparency ,office4 7b7 ,director ,the ,president shall appoint a ,director of the ,fairness and ,transparency ,office to head the ,fairness and ,transparency ,office4 7c7 ,employees and advisory boards of the ,office 7#a7 ,in general ,the ,director-- 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 ,director 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 ,director shall establish advisory boards to advise and consult with in the exercise of the functions of the ,director under this ,act and to provide information on emerging practices relating to the treatment of data by employers that are the following3 7i7 ,the ,user ,advisory ,board1 which shall be comprised of experts in consumer protection1 privacy1 civil rights1 disability rights1 labor organizations and worker advocacy organizations1 and ethics4 7ii7 ,the ,research ,advisory ,board1 which shall be comprised of-- 7,i7 individuals with academic and research expertise in privacy1 cybersecurity1 computer science1 innovation1 design1 ethics1 economics1 civil rights law1 disability law1 labor organizations and worker advocacy organizations1 and public policy2 and 7,,ii7 representatives of labor organizations and worker advocacy organizations4 7iii7 ,the ,product ,advisory ,board1 which shall be comprised of technologists1 computer scientists1 designers1 product managers1 attorneys1 representatives of labor organizations and worker advocacy organizations1 workplace technology experts1 accessibility experts1 and other representatives of employers and workers4 7iv7 ,the ,labor ,advisory ,board1 which shall be comprised of-- 7,i7 representatives of labor organizations and worker advocacy organizations2 and 7,,ii7 representatives of workers4 7,b7 ,appointments ,the ,director 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 ,director2 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 ,director while attending meetings of the advisory board1 including travel time2 and 7ii7 receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7,e7 ,exemption from the ,federal ,advisory ,committee ,act ,each advisory board established under subparagraph 7,a7 shall be exempt from chapter #aj of title #e1 ,united ,states ,code4 7#c7 ,use of voluntary services ,the ,director 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 ,director in any litigation4 7d7 ,offices 7#a7 ,in general ,the principal office of the ,fairness and ,transparency ,office shall be in the ,district of ,columbia4 7#b7 ,regional1 local1 and other offices ,the ,director 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 #g4 ,regulations 7a7 ,in general 7#a7 ,authority 7,a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary1 acting through the ,director1 may prescribe such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7d77;,a7 7other than covered individuals described in clauses 7iii7 through 7v7 of such section7 and other individuals affected by employers described in subclause 7,i7 or 7,,ii7 of section #b7i77;,a77i71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7,b7 ,consultation ,in prescribing any regulations authorized under this paragraph1 the ,secretary1 acting through the ,director1 may consult with-- 7i7 ,federal agencies that have jurisdiction over ,federal privacy laws or expertise in privacy1 including the ,federal ,trade ,commission2 7ii7 ,federal agencies that have jurisdiction over labor and employment issues1 including the ,equal ,employment ,opportunity ,commission1 the ,national ,science ,foundation1 and the ,national ,labor ,relations ,board2 and 7iii7 any other ,federal agencies with relevant expertise1 including the ,united ,states ,access ,board and the ,office of ,science and ,technology ,policy4 7#b7 ,government accountability office2 library of congress ,the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress shall prescribe any regulations described in paragraph 7#a77;,a7 with respect to covered individuals of the ,government ,accountability ,office and the ,library of ,congress1 respectively1 and other individuals affected by the ,comptroller ,general of the ,united ,states and the ,librarian of ,congress1 respectively4 7b7 ,individuals covered by ,congressional ,accountability ,act of #aiie 7#a7 ,authority ,not later than #de days after the ,secretary prescribes any regulation under subsection 7a77#a77;,a71 the ,board of ,directors of the ,office of ,compliance shall prescribe 7in accordance with section #cjd of the ,congressional ,accountability ,act of #aiie 7#b ,u4,s4,c4 #achd77 such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7d77;,a77iii7 and other individuals affected by employers described in section #b7i77;,a77i77,,iii71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary under subsection 7a77#a77;,a7 except insofar as the ,board may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7c7 ,individuals covered by chapter #e of title #c1 ,united ,states ,code 7#a7 ,authority ,not later than #de days after the ,secretary prescribes any regulation under subsection 7a77#a77;,a71 the ,president 7or the designee of the ,president7 shall prescribe such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7d77;,a77iv7 and other individuals affected by employers described in section #b7i77;,a77i77,,iv71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary under subsection 7a77#a77;,a7 except insofar as the ,president 7or designee7 may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 7d7 ,individuals covered by chapter #fc of title #e1 ,united ,states ,code 7#a7 ,authority ,not later than #de days after the ,secretary prescribes any regulation under subsection 7a77#a77;,a71 the ,director of the ,office of ,personnel ,management shall prescribe such regulations as may be necessary to carry out this ,act with respect to covered individuals described in section #b7d77;,a77v7 and other individuals affected by employers described in section #b7i77;,a77i77,v71 including individuals who are covered individuals described in section #b7d77;,b7 with respect to such employers4 7#b7 ,agency regulations ,the regulations prescribed under paragraph 7#a7 shall be the same as substantive regulations promulgated by the ,secretary under subsection 7a77#a77;,a7 except insofar as the ,director may determine1 for good cause shown and stated together with the regulations prescribed under paragraph 7#a71 that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section4 #h4 ,whistleblower protections ,an employer may not 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 made a written or oral complaint to the employer or a ,federal1 ,state1 or local government entity of a violation of section #c2 7,b7 sought assistance or intervention with respect to a worker privacy-related concern from the employer1 a ,federal1 ,state1 or local government1 or a worker representative2 7,c7 instituted1 caused to be instituted1 or otherwise participated in any inquiry or proceeding under or related to this ,act2 7,d7 given1 or is about to give1 any information in connection with any inquiry or proceeding relating to any right provided under this ,act2 7,e7 testified1 or is about to testify1 in any inquiry or proceeding relating to any right provided under this ,act2 or 7,f7 refused to follow the output of an automated decision system when exercising professional judgement4 #i4 ,enforcement 7a7 ,in general 7#a7 ,definition ,notwithstanding section #b1 for purposes of this subsection3 7,a7 ,covered individual ,the term covered individual means a covered individual-- 7i7 described in section #b7d77;,a7 7other than covered individuals described in clauses 7iii7 through 7v7 of such section72 or 7ii7 described in section #b7d77;,b7 with respect to an employer4 7,b7 ,employer ,the term employer means an employer described in subclause 7,i7 or 7,,ii7 of section #b7i77;,a77i74 7#b7 ,enforcement by the ,fairness and ,transparency ,office 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 ,director-- 7,i7 may investigate and gather data regarding the wages1 hours1 and other conditions and practices of employment 7and other work7 in any industry subject to this ,act1 and may enter and inspect any place or record 7and make such transcriptions thereof71 question any covered individual1 and investigate any facts1 conditions1 practices1 or matters as the ,secretary may deem necessary or appropriate to determine whether an employer has violated any provision of this ,act1 or which may aid in the enforcement of the provisions of this ,act2 and 7,,ii7 may require1 by general or special orders1 an employer1 to file with the ,secretary1 in such form as the ,secretary may prescribe1 annual or special reports or answers in writing to specific questions1 furnishing to the ,secretary such information or records as the ,secretary may require as to the organization1 business1 conduct1 practices1 management1 and relation to other corporations1 partnerships1 and individuals1 of the employer4 7ii7 ,reports and answers ,an employer shall file the reports and answers 7including information and records7 required under clause 7i77,,ii7 in such manner1 including under oath or otherwise1 and within such reasonable time period as the ,secretary may require4 7iii7 ,joint investigations ,the ,secretary1 acting through the ,director1 may conduct investigations and make requests for information1 as authorized under this ,act1 on a joint basis with another ,federal agency1 a ,state attorney general1 or a ,state agency4 7iv7 ,obligation to keep1 preserve1 and make available records ,an employer shall make1 keep1 preserve1 and make available to the ,secretary records pertaining to compliance with this ,act in accordance with section #aa7;c7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #baa7;c77 and in accordance with any regulation or order issued by the ,secretary4 7,b7 ,enforcement ,with respect to employers and covered individuals1 the ,secretary1 acting through the ,director1 shall receive1 investigate1 and attempt to resolve complaints of violations of section #c1 #d1 #e1 or #h in the same manner that the ,secretary receives1 investigates1 and attempts to resolve complaints of violations of sections #f and #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg74 7,c7 ,referral for criminal proceedings ,if the ,secretary1 in the course of the performance of any act or duty under this ,act1 obtains evidence that any employer has engaged in conduct that may constitute a violation of ,federal criminal law1 the ,secretary shall refer the matter to the ,attorney ,general for prosecution under any applicable law4 ,nothing in this paragraph shall affect any other authority of the ,secretary to disclose information4 7,d7 ,litigation ,the ,solicitor of ,labor may appear for and represent the ,secretary on any litigation brought under this subsection4 7#c7 ,private right of action 7,a7 ,in general 7i7 ,covered individuals ,notwithstanding any action by the ,secretary under paragraph 7#b77;,b71 any covered individual adversely affected by an alleged violation of section #c1 #d1 #e1 or #h1 may commence a civil action against any person that violates such section in any ,federal court of competent jurisdiction4 7ii7 ,labor organizations and worker advocacy organizations ,notwithstanding any action by the ,secretary under paragraph 7#b77;,b71 any labor organization or worker advocacy organization may1 on behalf of a covered individual adversely affected by an alleged violation of section #c1 #d1 #e1 or #h1 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 individual1 labor organization1 or worker advocacy organization prevails1 the court may award the covered individual1 labor organization1 or worker advocacy organization-- 7,i7 damages of an amount equal to the sum of any actual damages sustained by the covered individual2 or 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 individual1 labor organization1 or worker advocacy organization prevails1 the court shall award the covered individual1 labor organization1 or worker advocacy 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 #h1 the court may award the covered individual1 labor organization1 or worker advocacy organization temporary relief while the case is pending1 including reinstatement4 7iv7 ,statutory damages ,the court may1 in accordance with clause 7v71 award statutory damages under clause 7i77,,ii7 against a person in the following amounts3 7,i7 ,using an automated decision system for prohibited activities ,for each violation of section #c by an employer with respect to a covered individual1 the court may1 subject to clause 7vi71 award-- 7aa7 damages of an amount not less than #e1jjj and not more than #bj1jjj2 or 7bb7 for any willful or repeated violation by the employer1 damages of an amount not less than #aj1jjj and not more than #dj1jjj4 7,,ii7 ,retaliation on whistleblowers ,for each violation of section #h1 the court may1 subject to clause 7vi71 award-- 7aa7 damages of an amount not less than #e1jjj and not more than #ej1jjj2 or 7bb7 for any willful or repeated violation1 damages of an amount not less than #aj1jjj and not more than #ajj1jjj4 7v7 ,considerations for statutory damages ,in determining the amount of statutory damages assessed under clause 7iv71 the court shall consider any relevant circumstances presented by the parties to the action1 including-- 7,i7 the nature and seriousness of the violation2 7,,ii7 the number of violations2 7,,iii7 the persistence of the misconduct2 7,,iv7 the length of time over which the misconduct occurred2 7,v7 the willfulness of the misconduct of the employer2 and 7,,vi7 the assets1 liabilities1 and net worth of the employer4 7vi7 ,adjustment for inflation ,the dollar amounts referred to subclauses 7,i7 and 7,,ii7 of clause 7iv7 shall be increased annually1 for fiscal year #bjbg and every fiscal year thereafter1 by the percent increase1 if any1 in the consumer price index for all urban consumers for the most recent #ab-month period for which applicable data is available4 7,c7 ,remedies for ,state workers 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 or worker advocacy organization on behalf of 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 individual1 or such a labor organization or worker advocacy organization1 who has complied with the procedures under this paragraph1 for injunctive relief that is authorized under this paragraph4 ,in such a suit1 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,d7 ,remedies for ,tribal government workers 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 or worker advocacy organization on behalf of 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 individual1 or such a labor organization or worker advocacy organization1 who has complied with the procedures under this paragraph for injunctive relief that is authorized under this paragraph4 ,in such a suit1 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 ,individuals 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#a771 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 #e1 or #h against a covered individual described in section #b7d77;,a77iii7 or described in section #b7d77;,b7 with respect to an employer described in section #b7i77;,a77i77,,iii74 7c7 ,individuals 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 #e1 or #h against a covered individual described in section #b7d77;,a77iv7 or described in section #b7d77;,b7 with respect to an employer described in section #b7i77;,a77i77,,iv74 7d7 ,individuals 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 #e1 or #h against a covered individual described in section #b7d77;,a77v7 or described in section #b7d77;,b7 with respect to an employer described in section #b7i77;,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 #e1 or #h1 including a regulation or order prescribed under this ,act1 the ,state attorney general or ,state privacy regulator1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in an appropriate ,state court or an appropriate district court of the ,united ,states to-- 7,a7 enjoin further violation of such provision by the person2 7,b7 compel compliance with such provision2 7,c7 obtain damages 7including statutory damages described in paragraph 7#d771 civil penalties1 restitution1 or other compensation on behalf of the residents of the ,state2 or 7,d7 obtain reasonable attorney's fees and other litigation costs reasonably incurred4 7#b7 ,rights of agency ,before initiating a civil action under paragraph 7#a71 the ,state attorney general or ,state privacy regulator1 as the case may be1 shall notify the ,secretary in writing of such civil action4 ,upon receiving such notice1 the ,secretary may-- 7,a7 intervene in such action2 and 7,b7 upon intervening-- 7i7 be heard on all matters arising in such civil action2 and 7ii7 file petitions for appeal of a decision in such action4 7#c7 ,preemptive action by agency ,in any case in which a civil action is instituted by or on behalf of the ,secretary for a violation of this ,act1 including a regulation promulgated under this ,act1 a ,state attorney general or ,state privacy regulator may not1 during the pendency of such action1 institute a civil action against any defendant named in the complaint in the action instituted by or on behalf of the ,secretary for a violation that is alleged in such complaint4 ,in a case brought by the ,secretary that affects the interests of a ,state1 the ,state attorney general or ,state privacy regulator may intervene as of right pursuant to the ,federal ,rules of ,civil ,procedure4 7#d7 ,statutory damages ,in a civil action instituted under paragraph 7#a71 a court may award statutory damages under paragraph 7#a77;,c7 against a person for a violation of any provision of section #c1 #d1 #e1 or #h-- 7,a7 in an amount not more than #ej1jjj for each such violation2 or 7,b7 in the case of such a violation that results in the discharge of a covered individual or other serious economic harm to a covered individual by such a person who has1 within the preceding #e years1 committed another such violation resulting in such a discharge or other serious economic harm1 not more than #ajj1jjj for each such violation4 7#e7 ,preservation of ,state powers ,except as provided in paragraph 7#c71 no provision of this subsection shall be construed as altering1 limiting1 or affecting the authority of a ,state attorney general or ,state privacy regulator to-- 7,a7 bring an action or other regulatory proceeding arising solely under the laws in effect in that ,state2 or 7,b7 exercise the powers conferred on the ,state attorney general or ,state privacy regulator by the laws of the ,state1 including the ability to conduct investigations1 administer oaths or affirmations1 or compel the attendance of witnesses or the production of documentary or other evidence4 7f7 ,arbitration and class action 7#a7 ,in general ,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 #e1 or #h4 7#b7 ,arbitration pursuant to a collective bargaining agreement ,nothing in this subsection shall limit the enforceability of any arbitration provision in a collective bargaining agreement between an employer and a labor organization or worker advocacy organization4 #aj4 ,coordination ,in carrying out this ,act1 the ,secretary1 acting through the ,director1 shall coordinate with any appropriate ,federal agency or ,state regulator to promote consistent regulatory treatment of automated decision systems4 #aa4 ,relation to other laws ,except as explicitly provided otherwise in this ,act1 nothing in this ,act1 including any regulations promulgated under this ,act1 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 ,relation to collective bargaining agreements 7a7 ,rule of construction ,nothing in this ,act1 including any regulations promulgated under this ,act1 shall be construed to supersede or preempt employment or other work terms or conditions agreed upon in collective bargaining agreements that are more protective of or more beneficial to a covered individual than otherwise required pursuant to this ,act1 including any regulation promulgated under this ,act4 7b7 ,requirement for notice and bargaining ,an employer shall provide advance notice to the relevant collective bargaining units or the representative of any covered individuals of the employer for purposes of collective bargaining and bargain in good faith with such units or representative over the decision to implement and effects of implementing any policy1 practice1 or automated decision system covered by this ,act4 #ac4 ,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 ,act to all other persons or circumstances shall not be affected thereby4 #ad4 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this ,act #ajj1jjj1jjj for each of fiscal years #bjbg through #bjcf4