(1)(A) 1 An employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6)— (A) may not rely exclusively on an automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) in making an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) with respect to a covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4);

(1)(B)(i) 2 may not use an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) in making an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) with respect to a covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) unless— (i) the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) used to generate such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) has had pre-deployment testing and validation with respect to— (I) the efficacy of the system; (II) the compliance of the system with applicable employment discrimination laws, including— (aa) title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); (bb) the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.); (cc) title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.); (dd) title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.); (ee) section 6(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)); (ff) sections 501 and 505 of the Rehabilitation Act of 1973 (29 U.S.C. 791; 793); and (gg) the Pregnant Workers Fairness Act (division II of the Consolidated Appropriations Act, 2023 (Public Law 117–328)); (III) the lack of any potential discriminatory impact of the system, including discriminatory impact based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age, or disability and genetic information (including family medical history); and (IV) the compliance of the system with the Artificial Intelligence Risk Management Framework released by the National Institute of Standards and Technology on January 26, 2023, or successor framework;

(1)(B)(ii) 3 such automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) is, not less than annually, independently tested for discriminatory impact described in clause (i)(III) or potential biases and the results of such test are made publicly available;

(1)(B)(v) 4 the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) independently corroborates, via meaningful oversight by a human with appropriate and relevant experience, such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2);

(1)(B)(vi) 5 not later than 7 days after making such an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7), the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) provides full, accessible, and meaningful documentation in plain language to such covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) (at no cost to such covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4)) on the automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2), including— (I) a description of the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) used to generate such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2); (II) a description and explanation, in plain language, of the input data to such automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) used to generate such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) and a machine-readable copy of such data; (III) a description and explanation of how such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) was used in making such employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7); and (IV) the reasoning for the use of such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) in such employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7);

(1)(B)(vii) 6 the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) enables the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) to, after receiving such documentation— (I) dispute (in a manner that is accessible and equitable and does not pose an unreasonable burden on the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4)) such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) to a human with appropriate and relevant experience; and (II) appeal such employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) to a human with appropriate and relevant experience who is not the human for purposes of the corroboration under clause (v).

(2)(A)–(B) 7 IN GENERAL.—An employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) that uses or intends to use an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) in making an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) with respect to a covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) shall, in accordance with subparagraph (B), disclose to such covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4)— (i) that the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) uses or intends to use an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) in making such an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7); (ii) a description and explanation of the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) used or intended to be used to generate such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2), including— (I) the types of data collected or intended to be collected as inputs to the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) and the circumstances of such collection; (II) the characteristics that the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) measures or is intended to measure, such as the knowledge, skills, or abilities of the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4); (III) how such characteristics relate or would relate to any function required for the work or potential work of the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4); (IV) how the system measures or is intended to measure such characteristics; and (V) how the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) can interpret the automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) in plain language; (iii) the identity of the individual or entity that operates the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) that provides such an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2); (iv) how the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) uses or intends to use such an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) in making such an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7); and (v) how the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) may dispute or appeal an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) made with respect to the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) using an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2). (B) TIMING OF NOTICE.— (i) INITIAL DISCLOSURE.—An employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) shall provide the disclosure required under subparagraph (A)— (I) in the case of a covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) for whom an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) with regard to the hiring of the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4)— (aa) was made before the date of enactment of this Act, to the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) not later than 30 days after such date of enactment; or (bb) is made on or after the date of enactment of this Act, to the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4), except as provided in subclause (II), prior to making such employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7); and (II) in the case of a candidateCandidateThe term "candidate", with respect to an employer, means an individual who applies, or applied, to be employed by, or otherwise perform work for remuneration for, the employer.Section 2(3) who applies to the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) on or after the date of enactment of this Act, prior to accepting an application by the candidateCandidateThe term "candidate", with respect to an employer, means an individual who applies, or applied, to be employed by, or otherwise perform work for remuneration for, the employer.Section 2(3) to be employed by, or otherwise perform work for remuneration for, the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6). (ii) SUBSEQUENT DISCLOSURES.—Not later than 30 days after any information provided by an employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) to a covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) through a disclosure required under clause (ii) or (iv) of subparagraph (A) significantly changes or after any significant new information required to be provided in such a disclosure becomes available, the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) shall provide the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) with an updated disclosure.

(3) 8 TRAINING.—An employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) that uses or intends to use an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) in making an employment-related decisionEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) with respect to a covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) shall train any individual or entity that operates the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) that provides such an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) or uses such automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2) on the use of such system, including on— (A) the input information used by such automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1); (B) the appeals process for such an automated decision system outputAutomated decision system outputThe term "automated decision system output" means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated by an automated decision system.Section 2(2); (C) potential biases in automated decision systemsAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1); (D) any limitations of the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1); (E) any potential adverse effects to covered individualsCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) due to the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1); (F) any potential errors or problems related to the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1); and (G) examples of inappropriate uses of the automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1).

(b) 9 MANAGEMENT BY AN AUTOMATED DECISION SYSTEMAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1).—An employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) that manages a covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) through an automated decision systemAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1) shall enable the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) to opt out of such management and be managed through a human manager who is able to make employment-related decisionsEmployment-related decisionThe term "employment-related decision" includes a decision by an employer with regard to— (A) hiring a covered individual (including any decision with regard to recruiting, screening, interviewing, or selecting a candidate); (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties of a covered individual; or (C) any other term, condition, or privilege of employment or work of the covered individual, such as relating to pay, scheduling, health care or long-term care coverage, benefits, or hours worked or promoting a covered individual.Section 2(7) with respect to the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4).

(a)–(d) IN GENERAL.—There is established in the Department of Labor the Technology and Worker Protection Division. (b) ADMINISTRATOR OF THE TECHNOLOGY AND WORKER PROTECTION DIVISION.—The President shall appoint an Administrator of the Technology and Worker Protection Division to head the Technology and Worker Protection Division. (c) EMPLOYEES AND ADVISORY BOARDS OF THE DIVISION.— (1) IN GENERAL.—The Administrator— (A) may select, appoint, and employ... individuals, including technologists, directly to positions in the competitive service... to carry out the duties of the Administrator under this Act; and (B) may fix the compensation... except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule... (2) ADVISORY BOARDS.— (A) ESTABLISHMENT.—The Administrator shall establish the following advisory boards... (i) The User Advisory Board... (ii) The Research Advisory Board... (iii) The Product Advisory Board... (iv) The Labor Advisory Board... (d) OFFICES.— (1) IN GENERAL.—The principal office of the Technology and Worker Protection Division shall be in the District of Columbia. (2) REGIONAL, LOCAL, AND OTHER OFFICES.—The Administrator may establish regional, local, or other offices, including an office in the city of San Francisco, California or the San Francisco Bay area in California.

(a)–(d) IN GENERAL.— (1) AUTHORITY.— (A) IN GENERAL.—Except as provided in paragraph (2), the Secretary, acting through the Administrator, may prescribe such regulations as may be necessary to carry out this Act... (B) CONSULTATION.—In prescribing any regulations authorized under this paragraph, the Secretary, acting through the Administrator, may consult with— (i) Federal agencies that have jurisdiction over Federal privacy laws or expertise in privacy, including the Federal Trade Commission; (ii) Federal agencies that have jurisdiction over labor and employment issues, including the Equal Employment Opportunity Commission, the National Science Foundation, and the National Labor Relations Board; and (iii) any other Federal agencies with relevant expertise, including the United States Access Board and the Office of Science and Technology Policy. (2) GOVERNMENT ACCOUNTABILITY OFFICE; LIBRARY OF CONGRESS.—The Comptroller General of the United States and the Librarian of Congress shall prescribe any regulations... (b)–(d) [Congressional Accountability Act employees, Chapter 5 of Title 3 employees, Chapter 63 of Title 5 employees — parallel rulemaking authority].

10 No employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) shall discriminate or retaliate (including through intimidation, threats, coercion, or harassment) against any covered individual of the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6)— (1) for exercising, or attempting to exercise, any right provided under this Act; or (2) because the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) (or another individual acting at the request of the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4)) has— (A) filed a written or oral complaint to the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) or a Federal, State, or local government entity of a violation of section 3; (B) sought assistance or intervention with respect to a worker privacy-related concern from the employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6), a Federal, State, or local government, or a worker representative; (C) instituted, caused to be instituted, or otherwise participated in any inquiry or proceeding under or related to this Act; (D) given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Act; or (E) testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Act.

(a)(2)–(3) ENFORCEMENT BY THE TECHNOLOGY AND WORKER PROTECTION DIVISION.— (A) INVESTIGATION.— (i) IN GENERAL.—To ensure compliance with the provisions of this Act, or any regulation or order issued under this Act, the Secretary, acting through the Administrator— (I) may investigate and gather data regarding the wages, hours, and other conditions and practices of employment in any industry subject to this Act, and may enter and inspect any place or record... question any covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4), and investigate any facts, conditions, practices, or matters as the Secretary may deem necessary or appropriate to determine whether an employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) has violated any provision of this Act...; and (II) may require, by general or special orders, an employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6), to file with the Secretary... annual or special reports or answers in writing to specific questions... (iv) OBLIGATION TO KEEP, PRESERVE, AND MAKE AVAILABLE RECORDS.—An employerEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) shall make, keep, preserve, and make available to the Secretary records pertaining to compliance with this Act... (B) ENFORCEMENT.—With respect to employersEmployerThe term "employer" means any person who is— (i)(I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). A "covered employer" means any person engaged in commerce or in any industry or activity affecting commerce who employs, or otherwise engages for the performance of work for remuneration, 11 or more covered individuals.Section 2(6) and covered individualsCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4), the Secretary, acting through the Administrator, shall receive, investigate, and attempt to resolve complaints of violations of section 3 or 6... (3) PRIVATE RIGHT OF ACTION.— (A) IN GENERAL.— (i) COVERED INDIVIDUALCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4).—... any covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) adversely affected by an alleged violation of section 3 or 6, may commence a civil action against any person that violates such section in any Federal court of competent jurisdiction. (ii) LABOR ORGANIZATIONLabor organizationThe term "labor organization" has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include— (A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and (B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents— (i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; (ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or (iii) individuals employed as agricultural laborers.Section 2(10).—... any labor organizationLabor organizationThe term "labor organization" has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include— (A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and (B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents— (i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; (ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or (iii) individuals employed as agricultural laborers.Section 2(10) adversely affected by an alleged violation of 3 or 6 may commence a civil action... (B) RELIEF.—... the court may award... (I) damages of— (aa) an amount equal to the sum of any actual damages sustained by the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4); or (bb) not more than treble damages; (II) statutory damages...; (III) injunctive relief; and (IV) equitable relief. (ii) ATTORNEY'S FEES.—... the court shall award the covered individualCovered individualThe term "covered individual", with respect to an employer, means an individual— (A) who is employed by, or otherwise performing work for remuneration for, the employer, including such an individual who is— (i) any individual performing work for remuneration for an employer described in clauses (i)(I) and (ii) of paragraph (6)(A); (ii) any individual performing work for remuneration for an entity described in paragraph (6)(A)(i)(II); (iii) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(III); (iv) any individual performing work for remuneration for an employing office described in paragraph (6)(A)(i)(IV); or (v) any individual performing work for remuneration for an employing agency described in paragraph (6)(A)(i)(V); or (B) who is a candidate with respect to the employer.Section 2(4) or labor organizationLabor organizationThe term "labor organization" has the meaning given the term in section 2(5) of the National Labor Relations Act (29 U.S.C. 152(5)), except that such term shall also include— (A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and (B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents— (i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; (ii) individuals employed by persons subject to the Railway Labor Act (45 U.S.C. 151 et seq.); or (iii) individuals employed as agricultural laborers.Section 2(10) reasonable attorney's fees and litigation costs.

(e) ENFORCEMENT BY STATES.— (1) 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 3 or 6... the State attorney general or State privacy regulator, as parens patriae, may bring a civil action on behalf of the residents of the State... to— (A) enjoin further violation...; (B) compel compliance...; (C) obtain damages (including statutory damages described in paragraph (4)), civil penalties, restitution, or other compensation on behalf of the residents of the State; or (D) obtain reasonable attorney's fees and other litigation costs reasonably incurred. (4) STATUTORY DAMAGES.—... a court may award statutory damages... (A) in an amount not more than $50,000 for each such violation; or (B) in the case of such a violation that results in the discharge of an employee or other serious economic harm... not more than $100,000 for each such violation.

(f) ARBITRATION AND CLASS ACTION.—Notwithstanding any other provision of law, no predispute arbitration agreementPredispute arbitration agreementThe term "predispute arbitration agreement" means any agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement.Section 2(11) or predispute joint-action waiverPredispute joint-action waiverThe term "predispute joint-action waiver" means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.Section 2(12) shall be valid or enforceable with respect to any alleged violation of section 3 or 6.

In carrying out this Act, the Secretary, acting through the Administrator, shall coordinate with any appropriate Federal agency or State regulator to promote consistent regulatory treatment of automated decision systemsAutomated decision systemThe term "automated decision system" means a system, software, or process that— (i) uses computation, in whole or in part, to determine outcomes, make or aid decisions (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including such a system, software, or process derived from machine learning, statistics, or other data processing or artificial intelligence techniques; and (ii) is not passive computing infrastructure.Section 2(1).

Except as explicitly provided otherwise in this Act, nothing in this Act shall be construed to preempt, modify, limit, or supersede— (1) any provision of Federal or State law; or (2) the authority of the Federal Trade Commission, Equal Employment Opportunity Commission, National Labor Relations Board, or any other Federal agency.

If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to all other persons or circumstances shall not be affected thereby.