WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1)–(17) For purposes of this Act: (1) 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.Sec. 2(1).— (A) IN GENERAL.—The term ''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.Sec. 2(1)'' 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 infrastructurePassive computing infrastructureThe term "passive computing infrastructure" means any intermediary technology that does not influence or determine the outcome of a decision, make or aid in a decision (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including web hosting, domain registration, networking, caching, data storage, or cybersecurity.Sec. 2(1)(B). (B) PASSIVE COMPUTING INFRASTRUCTUREPassive computing infrastructureThe term "passive computing infrastructure" means any intermediary technology that does not influence or determine the outcome of a decision, make or aid in a decision (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including web hosting, domain registration, networking, caching, data storage, or cybersecurity.Sec. 2(1)(B).—For purposes of this paragraph, the term ''passive computing infrastructurePassive computing infrastructureThe term "passive computing infrastructure" means any intermediary technology that does not influence or determine the outcome of a decision, make or aid in a decision (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including web hosting, domain registration, networking, caching, data storage, or cybersecurity.Sec. 2(1)(B)'' means any intermediary technology that does not influence or determine the outcome of a decision, make or aid in a decision (including through evaluations, metrics, or scoring), inform policy implementation, or collect data or observations, including web hosting, domain registration, networking, caching, data storage, or cybersecurity. (2) 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.Sec. 2(2).—The term ''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.Sec. 2(2)'' means any information, assumption, prediction, score, recommendation, decision, evaluation, metric, conclusion, inference, or profile generated 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.Sec. 2(1). (3) 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.Sec. 2(3).—The term ''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.Sec. 2(3)'', with respect to 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).Sec. 2(6), means an individual who applies, or applied, 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).Sec. 2(6). (4) 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.Sec. 2(4).—The term ''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.Sec. 2(4)'', with respect to 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).Sec. 2(6), means an individual— (A) who is employed by, or otherwise performing 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).Sec. 2(6)... or (B) who is 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.Sec. 2(3) with respect 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).Sec. 2(6). (5) EMPLOY.—The term ''employ'' has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (6) 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).Sec. 2(6).— (A) IN GENERAL.—The term ''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).Sec. 2(6)'' means any person who is— (i)(I) a covered 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).Sec. 2(6) who is not described in any other subclause of this clause; (II) an entity employing a State employee...; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995...; (IV) an employing office, as defined in section 411(c) of title 3...; or (V) an employing agency covered under subchapter V of chapter 63 of title 5...; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) COVERED 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).Sec. 2(6).— (i) 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 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.Sec. 2(4)... (7) EMPLOYMENT-RELATED DECISION.—The term ''employment-related decision'' includes a decision 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).Sec. 2(6) with regard to— (A) hiring...; (B) firing, retaining, taking a disciplinary action against, demoting, or reassigning duties 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.Sec. 2(4); or (C) any other term, condition, or privilege of employment or 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.Sec. 2(4)...
Section 2 defines the key terms used throughout the Act. The definition of automated decision system is expansive, covering any system, software, or process using computation to determine outcomes, make or aid decisions, or collect data — including those derived from machine learning, statistics, or AI techniques — while carving out passive computing infrastructure such as web hosting and data storage. Employer encompasses private-sector employers with 11 or more covered individuals, State entities, congressional employing offices, and federal agencies. Covered individual includes both current workers and candidates. Employment-related decision is broadly defined to include hiring, firing, discipline, promotion, pay, scheduling, benefits, and all other terms and conditions of employment.
(a)(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).Sec. 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.Sec. 2(1) in making an employment-related decision 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.Sec. 2(4);
(a)(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.Sec. 2(2) in making an employment-related decision 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.Sec. 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.Sec. 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.Sec. 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...; (bb) the Age Discrimination in Employment Act of 1967...; (cc) title I of the Americans with Disabilities Act of 1990...; (dd) title II of the Genetic Information Nondiscrimination Act of 2008...; (ee) section 6(d) of the Fair Labor Standards Act of 1938...; (ff) sections 501 and 505 of the Rehabilitation Act of 1973...; and (gg) the Pregnant Workers Fairness Act...; (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;
(a)(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.Sec. 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;
(a)(1)(B)(iii) 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).Sec. 2(6) has provided the disclosure required under paragraph (2) with respect to such use of 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.Sec. 2(2);
(a)(1)(B)(iv) 5 such use is designed for purposes of making such an employment-related decision;
(a)(1)(B)(v) 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).Sec. 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.Sec. 2(2);
(a)(1)(B)(vi) 7 not later than 7 days after making such an employment-related decision, 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).Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 2(2) was used in making such employment-related decision; 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.Sec. 2(2) in such employment-related decision;
(a)(1)(B)(vii) 8 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).Sec. 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.Sec. 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.Sec. 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.Sec. 2(2) to a human with appropriate and relevant experience; and (II) appeal such employment-related decision to a human with appropriate and relevant experience who is not the human for purposes of the corroboration under clause (v).
This subsection establishes the bill's core operational restrictions on employers' use of automated decision systems. It imposes a categorical prohibition on exclusive reliance on an automated decision system in making employment-related decisions, and then conditions any permissible use of automated decision system outputs on satisfying seven cumulative prerequisites: pre-deployment testing and validation for efficacy, anti-discrimination compliance, absence of discriminatory impact, and NIST AI RMF compliance; annual independent bias testing with publicly available results; prior disclosure to the covered individual; design-purpose limitation; meaningful human corroboration of the output; post-decision documentation within seven days (covering system description, input data, how the output was used, and reasoning); and enabling the covered individual to dispute the output and appeal the decision to a different human reviewer.
(a)(2)(A) 9 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).Sec. 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.Sec. 2(2) in making an employment-related decision 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.Sec. 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.Sec. 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).Sec. 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.Sec. 2(2) in making such an employment-related decision; (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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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).Sec. 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.Sec. 2(2) in making such an employment-related decision; 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.Sec. 2(4) may dispute or appeal an employment-related decision 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.Sec. 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.Sec. 2(2).
(a)(2)(B) 9 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).Sec. 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.Sec. 2(4) for whom an employment-related decision 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.Sec. 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.Sec. 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.Sec. 2(4), except as provided in subclause (II), prior to making such employment-related decision; 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.Sec. 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).Sec. 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.Sec. 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).Sec. 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).Sec. 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.Sec. 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).Sec. 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.Sec. 2(4) with an updated disclosure.
This subsection details the specific disclosures an employer must make to a covered individual before using an automated decision system output in an employment-related decision. The disclosures cover: the fact of ADS use; a description of the system (including data types, measured characteristics, job-relatedness, measurement methodology, and interpretation guidance); the identity of the ADS operator; how the output will be used; and how the individual may dispute or appeal. Timing requirements differ based on whether the individual was employed before or after enactment, with a 30-day retroactive obligation for existing employees and a pre-decision or pre-application requirement for new uses. Subsequent disclosures are required within 30 days of material changes.
(a)(3) 10 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).Sec. 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.Sec. 2(2) in making an employment-related decision 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 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.Sec. 2(1).
This subsection requires employers that use or intend to use automated decision system outputs in employment decisions to train the individuals or entities that operate the system or use its output. The mandatory training must cover input information, the appeals process, potential biases, system limitations, potential adverse effects on covered individuals, potential errors, and examples of inappropriate uses.
(b) 11 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.Sec. 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).Sec. 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.Sec. 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.Sec. 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.Sec. 2(4) to opt out of such management and be managed through a human manager who is able to make employment-related decisions 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.Sec. 2(4).
This subsection establishes a covered individual's right to opt out of being managed through an automated decision system entirely. When an employer manages a covered individual through an ADS, the employer must enable the individual to opt out and be managed by a human manager who is capable of making employment-related decisions with respect to that individual. This goes beyond the dispute and appeal rights in Sec. 3(a)(1)(B)(vii) by providing a categorical right to human management rather than merely a right to challenge individual decisions.
(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... (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.
Section 4 establishes a new Technology and Worker Protection Division within the Department of Labor, headed by a presidentially appointed Administrator. The Division is authorized to hire technologists and other staff and must establish four advisory boards — User, Research, Product, and Labor — each meeting at least twice annually. The Division may establish regional offices, including in the San Francisco Bay Area. This section creates institutional infrastructure rather than compliance obligations on employers.
(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... (b) EMPLOYEES COVERED BY CONGRESSIONAL ACCOUNTABILITY ACT OF 1995.— (1) AUTHORITY.—Not later than 45 days after the Secretary prescribes any regulation under subsection (a)(1)(A), the Board of Directors of the Office of Compliance shall prescribe... such regulations as may be necessary to carry out this Act... (c) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 3, UNITED STATES CODE.— (1) AUTHORITY.—Not later than 45 days after the Secretary prescribes any regulation under subsection (a)(1)(A), the President (or the designee of the President) shall prescribe such regulations... (d) EMPLOYEES COVERED BY CHAPTER 63 OF TITLE 5, UNITED STATES CODE.— (1) AUTHORITY.—Not later than 45 days after the Secretary prescribes any regulation under subsection (a)(1)(A), the Director of the Office of Personnel Management shall prescribe such regulations...
Section 5 delegates rulemaking authority to the Secretary of Labor acting through the Administrator for most covered individuals and employers. Separate rulemaking authority is allocated to the Board of Directors of the Office of Compliance (Congressional employees), the President (White House employees), the Director of OPM (federal agency employees), and the Comptroller General and Librarian of Congress for their respective employees. All delegated regulations must track the Secretary's substantive regulations unless a good-cause exception is shown.
12 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).Sec. 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).Sec. 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.Sec. 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.Sec. 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).Sec. 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).Sec. 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.
Section 6 prohibits employer retaliation — including intimidation, threats, coercion, and harassment — against any covered individual who exercises or attempts to exercise rights under the Act, or who files complaints, seeks assistance, participates in proceedings, gives information, or testifies in connection with the Act's protections. This is a broad anti-retaliation provision that protects both the covered individual directly and another individual acting at the covered individual's request.
(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.Sec. 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).Sec. 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).Sec. 2(6), to file with the Secretary... annual or special reports or answers in writing to specific questions... (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).Sec. 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.Sec. 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.Sec. 2(4).—Notwithstanding any action by the Secretary under paragraph (2)(B), 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.Sec. 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 ORGANIZATION.—... any labor organization adversely affected by an alleged violation of 3 or 6 may commence a civil action... (B) RELIEF.— (i) IN GENERAL.—In a civil action brought under subparagraph (A) in which 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.Sec. 2(4) or labor organization prevails, 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.Sec. 2(4); or (bb) not more than treble damages; (II) statutory damages described in clause (iv); (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.Sec. 2(4) or labor organization reasonable attorney's fees and litigation costs. (iv) STATUTORY DAMAGES.—... (I) USING 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.Sec. 2(1) FOR PROHIBITED ACTIVITIES.—For each violation of section 3 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).Sec. 2(6) 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.Sec. 2(4), the court may... award— (aa) damages of an amount not less than $5,000 and not more than $20,000; or (bb) for any willful or repeated violation by 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).Sec. 2(6), damages of an amount not less than $10,000 and not more than $40,000. (II) RETALIATION ON WHISTLEBLOWERS.—For each violation of section 6, the court may... award— (aa) damages of an amount not less than $5,000 and not more than $50,000; or (bb) for any willful or repeated violation, damages of an amount not less than $10,000 and not more than $100,000.
(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, including a regulation or order prescribed under this Act, the State attorney general or State privacy regulator, as parens patriae, 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— (A) enjoin further violation of such provision by the person; (B) compel compliance with such provision; (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.—In a civil action instituted under paragraph (1), a court may award statutory damages under paragraph (1)(C) against a person for a violation of any provision of section 3 or 6— (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 to an employee by such a person who has, within the preceding 5 years, committed another such violation resulting in such a discharge 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.Sec. 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.Sec. 2(12) shall be valid or enforceable with respect to any alleged violation of section 3 or 6.
Section 7 establishes a comprehensive multi-layered enforcement framework. The Secretary of Labor, acting through the Administrator of the Technology and Worker Protection Division, has investigative and complaint-resolution authority. Any covered individual or labor organization adversely affected by a violation may bring a private civil action in federal court, with available remedies including actual damages (or treble damages), statutory damages ($5,000–$100,000 depending on violation type, willfulness, and repetition), injunctive and equitable relief, and mandatory reasonable attorney's fees. Pre-suit notice to the Secretary and relevant State AG is required, with a 60-day intervention window. State attorneys general and State privacy regulators may bring parens patriae actions with statutory damages up to $50,000 per violation ($100,000 for repeat offenders causing discharge or serious economic harm). Sovereign immunity is waived for State and Tribal government employers that receive federal financial assistance. Predispute arbitration agreements and class-action waivers are unenforceable for claims under the Act.
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.Sec. 2(1).
Section 8 directs the Secretary, acting through the Administrator, to coordinate with appropriate federal and state regulators to promote consistent regulatory treatment of automated decision systems. This is an interagency coordination directive, not an employer-facing compliance obligation.
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.
Section 9 is a savings clause providing that nothing in the Act preempts, modifies, limits, or supersedes any provision of federal or state law, or the authority of the FTC, EEOC, NLRB, or any other federal agency. This is a non-preemption provision preserving existing regulatory authority.
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.
Standard severability clause providing that if any provision is held unconstitutional, the remainder of the Act remains in effect.