No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2440 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2440
To establish an interagency task force on employer surveillance and
workplace technologies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2023
Mr. Casey (for himself, Mr. Schatz, Mr. Fetterman, and Mr. Booker)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish an interagency task force on employer surveillance and
workplace technologies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Exploitative Workplace Surveillance
and Technologies Task Force Act of 2023''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Applicant.--The term ``applicant'', 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.
(2) Automated decision system.--
(A) In general.--The 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, collect
data or observations, or otherwise interact
with individuals or communities, 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.
(B) Passive computing infrastructure.--For purposes
of this paragraph, the 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.
(3) Automated decision system output.--The term ``automated
decision system output'', with respect to an employer, means
any information, assumptions, predictions, scoring,
recommendations, decisions, evaluations, metrics, or
conclusions generated by an automated decision system used by
the employer with respect to a worker of the employer.
(4) Biometric information.--
(A) In general.--The term ``biometric information''
means any information generated from the technological
processing of an individual's unique biological,
physical, or physiological characteristics that is
linked or reasonably linkable to an individual,
including--
(i) fingerprints;
(ii) voice prints;
(iii) iris or retina scans;
(iv) facial or hand mapping, geometry, or
templates; or
(v) gait or personally identifying physical
movements.
(B) Inclusion.--The term ``biometric information''
includes information on the absence of a biometric or
the presence of a prosthetic.
(C) Exclusion.--The term ``biometric information''
does not include--
(i) a digital or physical photograph;
(ii) an audio or video recording; or
(iii) information generated from a digital
or physical photograph, or an audio or video
recording, that cannot be used to identify an
individual.
(5) Data.--The term ``data'', with respect to a worker,
means any information that identifies, relates to, describes,
is reasonably capable of being associated with, or could
reasonably be linked, directly or indirectly, with the worker,
regardless of how the information is collected, inferred, or
obtained, including--
(A) personally identifiable information with
respect to the worker, including any name, contact
information, government-issued identification number,
financial information, criminal background, location
information, photographs, biometric information, health
or medical information, or employment history
associated with the worker;
(B) any information related to the workplace
activities with respect to the worker, including--
(i) human resources information, including
the contents of a personnel file or performance
evaluation;
(ii) work process information, such as
productivity and efficiency information and
time or attendance information;
(iii) information that captures workplace
communications and interactions, including
emails, texts, internal message boards, and
customer interaction and ratings;
(iv) device usage and information,
including calls placed or precise geolocation
information;
(v) audio-video information and other
information collected from sensors, including
movement tracking, images, videos, and thermal-
sensor information;
(vi) biometric information;
(vii) information from a personality test
taken by a worker, including such a test given
electronically at the beginning of or during a
work shift or during the application process;
(viii) inputs for an automated decision
system or any automated decision system output;
(ix) information that is collected or
generated to mitigate the spread of infectious
diseases, including COVID-19, or to comply with
any Federal, State, or local law; and
(x) information related to the ability of a
worker and any related workplace
accommodations; and
(C) online information with respect to the worker
that is collected while the worker is on- or off-duty,
including any internet protocol address associated with
the worker, the online communication platform activity
of the worker, any advertisement-related tracking
identifier associated with the worker, the internet
browsing history of the worker, or other digital
sources or unique identifiers associated with the
worker.
(6) 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).
(7) Employer.--
(A) In general.--The 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).
(B) Covered employer.--In subparagraph (A), the
term ``covered employer''--
(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 workers;
(ii) includes--
(I) any person who acts, directly
or indirectly, in the interest of a
covered employer in relation to any
individual performing work for
remuneration for such covered employer;
(II) any successor in interest of a
covered employer;
(III) any public agency; and
(IV) the Government Accountability
Office and the Library of Congress; and
(iii) does not include any labor
organization (other than when acting as an
employer) or anyone acting in the capacity of
officer or agent of such labor organization.
(C) Public agency.--For purposes of this paragraph,
a public agency shall be considered to be a person
engaged in commerce or in an industry or activity
affecting commerce.
(D) Definitions.--For purposes of this paragraph,
the terms ``commerce'', ``person'', and ``public
agency'' have the meanings given the terms in section 3
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203).
(8) Federal agency.--The term ``Federal agency'' has the
meaning given the term in section 3371 of title 5, United
States Code.
(9) Government entity.--The term ``government entity''
means--
(A) a Federal agency;
(B) a State or political subdivision thereof;
(C) any agency, authority, or instrumentality of a
State or political subdivision thereof; or
(D) a Tribal government or political subdivision
thereof.
(10) Impact assessment.--The term ``impact assessment''
means an ongoing study on and evaluation of the use of
workplace surveillance or an automated decision system and the
impact on workers of such surveillance or system.
(11) Indian tribe.--The term ``Indian Tribe'' means any
Indian or Alaska Native tribe, band, nation, pueblo, village,
community, component band, or component reservation
individually identified (including parenthetically) in the list
published most recently as of the date of enactment of this Act
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(12) Labor organization.--The term ``labor organization''
has the meaning given the term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)), except that such term
shall also include--
(A) any organization composed of labor
organizations, such as a labor organization federation
or a State or municipal labor body; and
(B) any organization which would be included in the
definition for such term under such section 2(5) but
for the fact that the organization represents--
(i) individuals employed by the United
States, any wholly owned Government
corporation, any Federal Reserve Bank, or any
State or political subdivision thereof;
(ii) individuals employed by persons
subject to the Railway Labor Act (45 U.S.C. 151
et seq.); or
(iii) individuals employed as agricultural
laborers.
(13) Online communication platform activity.--The term
``online communication platform activity'' means any activity
on an individual platform-based online communication account.
(14) Precise geolocation information.--
(A) In general.--The term ``precise geolocation
information'' means information that is derived from a
device or technology that reveals the past or present
physical location of an individual or of a device that
identifies or is linked or reasonably linkable to 1 or
more individuals, with sufficient precision to identify
street level location information of the individual or
device or the location of the individual or device
within a range of 1,850 feet or less.
(B) Exclusion.--The term ``precise geolocation
information'' does not include information described in
subparagraph (A) identifiable or derived solely from
the visual content of a legally obtained image.
(15) Service provider.--The term ``service provider'', with
respect to an employer, means a person that--
(A) collects, processes, conveys, or maintains data
with respect to such employer only at the direction of,
in accordance with the direction of, and pursuant to a
written contract with the employer (including any terms
of service or service agreements);
(B) does not earn revenue from such collection,
processing, conveyance, or maintenance of such data,
except from the employer by providing contracted
services to the employer with regard to such
collection, processing, conveyance, or maintenance of
such data; and
(C) does not combine or link data associated with
such employer with data associated with another
employer.
(16) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, or any
territory or possession of the United States.
(17) Technologist.--The term ``technologist'' means an
individual with experience in fields related to computational
technology, or the technology industry that produces
computational technology, such as advertising technology,
application development, artificial intelligence, computer
science, cybersecurity, data science, digital accessibility,
digital forensics, human-centered design, product management,
prototyping, service design, socio-technical systems, software
engineering, technology ethics, user experience, or privacy
rights, civil liberties, or civil rights related to technology.
(18) Third party.--The term ``third party'', with respect
to an employer, means a person or entity--
(A) to which such employer transfers or is able to
transfer data, including any subsidiary or corporate
affiliate of such employer; and
(B) that is not--
(i) such employer;
(ii) a service provider of such employer
with respect to the data being transferred; or
(iii) a government entity.
(19) Transfer.--The term ``transfer'', with respect to
data, means releasing, sharing, leasing, disseminating,
disclosing, making available, or otherwise causing to be
communicated, such data--
(A) to a third party; or
(B) in the case of a third party that releases,
shares, leases, disseminates, discloses, makes
available, or otherwise causes to be communicated, such
data, to another person.
(20) Tribal government.--The term ``Tribal government''
means the recognized governing body of an Indian Tribe.
(21) Worker.--The term ``worker'' includes an applicant.
(22) Workplace surveillance.--The term ``workplace
surveillance'' means any collection (on- or off-duty) by an
employer of data with respect to a worker, including the
detection, monitoring, interception, collection, exploitation,
preservation, protection, transmission, or retention of data
concerning activities or communications with respect to the
worker, including through the use of a product, system or
service marketed, or that can be used, for such purposes, such
as a computer, software, telephone, wire, radio, camera,
sensor, electromagnetic, photoelectronic, handheld or wearable
device, adaptive computing, assistive technology, durable
medical equipment, or photo-optical system.
SEC. 3. WORKPLACE SURVEILLANCE AND TECHNOLOGIES TASK FORCE.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the President shall establish an interagency
task force, which shall be known as the ``White House Task Force on
Workplace Surveillance and Technologies'' (in this Act referred to as
the ``Task Force'').
(b) Membership.--
(1) Composition.--The Task Force shall be comprised of--
(A) 2 members appointed by the President, of whom--
(i) 1 shall be a representative of the
Department of Labor; and
(ii) 1 shall be a representative of the
Office of Science and Technology Policy; and
(B) members who are representatives of--
(i) the Assistant Secretary of Labor for
Occupational Safety and Health;
(ii) the Assistant Secretary of Labor for
Disability Employment Policy;
(iii) the Administrator of the Wage and
Hour Division of the Department of Labor;
(iv) the Secretary of Commerce;
(v) the Under Secretary of Commerce for
Standards and Technology;
(vi) the Attorney General;
(vii) the Chair of the Federal Trade
Commission;
(viii) the Chair of the National Labor
Relations Board;
(ix) the Chair of the Equal Employment
Opportunity Commission;
(x) the Administrator of the Small Business
Administration;
(xi) the Director of the Domestic Policy
Council;
(xii) the Director of the National
Institute for Occupational Safety and Health;
(xiii) the Director of the Consumer
Financial Protection Bureau;
(xiv) the United State Access Board; and
(xv) any other Federal agency designated by
the President.
(2) Chair.--The member appointed under paragraph (1)(A)(i)
shall service as the Chair of the Task Force.
(3) Vice chair.--The member appointed under paragraph
(1)(A)(ii) shall service as the Vice Chair of the Task Force.
(4) Period of appointment; vacancies.--
(A) In general.--A member of the Task Force shall
be appointed for the life of the Task Force.
(B) Vacancies.--A vacancy in the Task Force--
(i) shall not affect the powers of the Task
Force; and
(ii) shall be filled in the same manner as
the original appointment.
(c) Meetings.--The Task Force shall meet not less than 4 times each
year.
(d) Subcommittees.--The Task Force may appoint subcommittees or
other working groups composed of Task Force members appointed under
subsection (b), or their representatives, as may be necessary to
accomplish the duties described in section 4.
SEC. 4. DUTIES.
(a) In General.--The Task Force shall study and evaluate the use of
workplace surveillance by employers, including by studying--
(1) the prevalence and types of workplace surveillance
across different industries;
(2) how employers are collecting data via workplace
surveillance and are using, storing, securing, and transferring
such data, including--
(A) the types of data collected by workplace
surveillance;
(B) whether such data is provided by employers to a
third party or otherwise ends up in files maintained by
a third party; and
(C) information on any disclosures to workers by
employers of workplace surveillance used by the
employer, and any provisions made available to workers
to opt-out of such workplace surveillance;
(3) the impact of workplace surveillance and the use of any
automated decision system on--
(A) worker compensation;
(B) worker performance reviews and subsequent
decisions related to such reviews;
(C) worker schedule policies;
(D) career advancement for workers;
(E) assignment of duties for workers;
(F) workplace safety, including with regard to
worker physical and mental health;
(G) health care and long-term care coverage for
workers;
(H) disciplinary or termination decisions for
workers;
(I) interviewing or hiring workers; and
(J) job quality;
(4) the implications of workplace surveillance on worker
organizing efforts and labor organization membership;
(5) the impact of workplace surveillance and the use of any
automated decision system on vulnerable populations, including
workers with disabilities, low-wage workers, workers of color,
older workers, and formerly incarcerated workers, and on gender
equity in the workplace;
(6) the feasibility of requiring impact assessments for the
use of workplace surveillance or an automated decision system
with respect to certain employers or industries; and
(7) third parties and service providers and their role in
workplace surveillance and the technology used for workplace
surveillance.
(b) Consultation.--In carrying out the duties under subsection (a),
the Task Force shall, to the extent necessary and appropriate,
regularly consult with--
(1) labor organizations;
(2) relevant stakeholders in the private sector;
(3) technologists and subject matter experts on--
(A) workplace surveillance;
(B) technology used for workplace surveillance;
(C) data;
(D) workplace safety and health; and
(E) the impact of workplace surveillance on
vulnerable populations, including workers with
disabilities, low-wage workers, workers of color, older
workers, and formerly incarcerated workers and on
gender equity in the workplace;
(4) Federal agencies that are not represented on the Task
Force; and
(5) representatives from allied or partner countries.
(c) Reports.--
(1) Initial report.--Not later than one year after the date
of enactment of this Act, the Task Force shall submit a report
to the Committee on Health, Education, Labor, and Pensions of
the Senate, and any other appropriate congressional committee,
that includes a comprehensive review of the prevalence of
workplace surveillance across different industries and how
employers are using, storing, securing, and transferring data
collected via workplace surveillance.
(2) Interim report.--Not later than one year after the date
on which the report required by paragraph (1) is submitted, the
Task Force shall submit to the Committee on Health, Education,
Labor, and Pensions of the Senate, and any other appropriate
congressional committee, a report that includes findings on--
(A) the study described in subsection (a)(3) on the
impact of workplace surveillance and the use of any
automated decision system;
(B) the implications of workplace surveillance on
worker organizing efforts and labor organization
membership; and
(C) the effect of workplace surveillance and the
use of an automated decision system on vulnerable
populations, including workers with disabilities, low-
wage workers, workers of color, older workers, and
formerly incarcerated workers, and on gender equity in
the workplace.
(3) Final report.--Not later than one year after the date
on which the interim report required under paragraph (2) is
submitted, the Task Force shall submit to the Committee on
Health, Education, Labor, and Pensions of the Senate and any
other appropriate congressional committee, and make available
to the public on the website of the Executive Office of the
President, a final report that includes--
(A) recommendations to Federal agencies and such
committees about how to address workplace surveillance
and the technology used for workplace surveillance; and
(B) recommendations on how to conduct a government-
wide coordinated strategy to address the rise of
workplace surveillance and the technology used for
workplace surveillance.
SEC. 5. TERMINATION OF TASK FORCE.
(a) In General.--The Task Force shall terminate 60 days after the
date on which the Task Force submits the report required under section
4(c)(3).
(b) Additional Actions.--During the 60-day period described in
subsection (a), the Task Force may conclude any activities of the Task
Force, including providing testimony to Congress concerning the final
report submitted under section 4(c)(3).
<all>
Introduced in Senate
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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