Establishment of Technology and Worker Protection Division

(a) 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, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, individuals, including technologists, directly to positions in the competitive service, as defined in section 2102 of such title, to carry out the duties of the Administrator under this Act; and (B) may fix the compensation of the individuals described in subparagraph (A) without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such individuals may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (2) Advisory boards (A) Establishment The Administrator shall establish the following advisory boards to advise and consult with in the exercise of the functions of the Administrator under this Act and to provide information on emerging practices relating to the treatment of data by employers: (i) The User Advisory Board, which shall be comprised of experts in consumer protection, privacy, civil rights, disability rights, labor organizations, and ethics. (ii) The Research Advisory Board, which shall be comprised of individuals with academic and research expertise in privacy, cybersecurity, computer science, innovation, design, ethics, economics, civil rights law, disability law, labor organizations and public policy and representatives of labor organizations. (iii) The Product Advisory Board, which shall be comprised of technologists, computer scientists, designers, product managers, attorneys, representatives of labor organizations, workplace technology experts, accessibility experts, and other representatives of employers and employees. (iv) The Labor Advisory Board, which shall be comprised of representatives of labor organizations and representatives of workers. (B) Appointments The Administrator shall appoint members to the advisory boards established under subparagraph (A) without regard to party affiliation. (C) Representation from across regions and sectors In appointing members to each advisory board established under subparagraph (A), the Administrator shall ensure that the membership of such boards includes individuals who— (i) represent a range of geographic regions of the United States and its territories, including rural, suburban, and urban areas; (ii) provide perspectives and expertise from employers of varying sizes, including small- and medium-sized businesses; (iii) include individuals with scientific expertise relevant to the use of automated decision systems in the workplace; and (iv) reflect experience from distinct sectors of the economy and worker protection fields to ensure that the advisory boards collectively consider the interests of employees and employers across all major industries and regions. (D) Meetings Each advisory board established under subparagraph (A) shall meet— (i) at the call of the Administrator; and (ii) not less than 2 times annually. (E) Compensation and travel expenses A member of an advisory board established under subparagraph (A) who is not an officer or employee of the Federal Government shall— (i) be entitled to receive compensation at a rate fixed by the Administrator while attending meetings of the advisory board, including travel time; and (ii) receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (F) Exemption from the Federal Advisory Committee Act Each advisory board established under subparagraph (A) shall be exempt from chapter 10 of title 5, United States Code. (3) Use of voluntary services The Administrator may, as may from time to time be needed, use any voluntary or uncompensated services. (4) Attorneys Attorneys appointed under this subsection may appear for and represent the Administrator in any litigation. (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.