Establishment of Worker Protection and Technology Division

(a) In general There is established in the Department of Labor the Worker Protection and Technology Division. (b) Administrator of the Worker Protection and Technology Division The President shall appoint an Administrator of the Worker Protection and Technology Division to head the Privacy and Technology 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 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 employee data by employers that are the following: (i) The User Advisory Board, which shall be composed of experts in consumer protection, privacy, civil rights, disability law, labor organizations, and ethics. (ii) The Research Advisory Board, which shall be composed of individuals with academic and research expertise in privacy, cybersecurity, computer science, innovation, design, ethics, economics, law, disability law, labor organizations and public policy and representatives of labor organizations. (iii) The Product Advisory Board, which shall be composed of technologists, computer scientists, designers, product managers, attorneys, representatives of labor organizations, workplace technology experts, and other representatives of employers and employees. (iv) The Labor Advisory Board, which shall be composed 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) 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. (D) 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. (E) 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 (commonly known as the Federal Advisory Committee Act). (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 Worker Protection and Technology 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. (e) Orders and guidance (1) In general The Secretary, acting through the Administrator and the Administrator of the Wage and Hour Division, may issue orders and guidance, as may be necessary or appropriate to enable the Secretary to carry out the purposes and objectives of this Act, and to prevent evasions thereof. (2) Consultation In issuing orders and guidance authorized under this subsection, the Secretary, acting through the Administrator and the Administrator of the Wage and Hour Division, may consult with Federal agencies that have jurisdiction over Federal privacy laws or expertise in privacy, including the Federal Trade Commission, and Federal agencies that have jurisdiction over labor and employment issues, including the Equal Employment Opportunity Commission, the National Labor Relations Board, the National Mediation Board, and the Merit Systems Protection Board.