Establishment of Fairness and Transparency Office

(a) In general There is established in the Wage and Hour Division of the Department of Labor the Fairness and Transparency Office. (b) Director The President shall appoint a Director of the Fairness and Transparency Office to head the Fairness and Transparency Office. (c) Employees and advisory boards of the Office (1) In general The Director— (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 Director 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 Director shall establish advisory boards to advise and consult with in the exercise of the functions of the Director under this Act and to provide information on emerging practices relating to the treatment of data by employers that are the following: (i) The User Advisory Board, which shall be comprised of experts in consumer protection, privacy, civil rights, disability rights, labor organizations and worker advocacy organizations, and ethics. (ii) The Research Advisory Board, which shall be comprised of— (I) individuals with academic and research expertise in privacy, cybersecurity, computer science, innovation, design, ethics, economics, civil rights law, disability law, labor organizations and worker advocacy organizations, and public policy; and (II) representatives of labor organizations and worker advocacy organizations. (iii) The Product Advisory Board, which shall be comprised of technologists, computer scientists, designers, product managers, attorneys, representatives of labor organizations and worker advocacy organizations, workplace technology experts, accessibility experts, and other representatives of employers and workers. (iv) The Labor Advisory Board, which shall be comprised of— (I) representatives of labor organizations and worker advocacy organizations; and (II) representatives of workers. (B) Appointments The Director 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 Director; 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 Director 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. (3) Use of voluntary services The Director 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 Director in any litigation. (d) Offices (1) In general The principal office of the Fairness and Transparency Office shall be in the District of Columbia. (2) Regional, local, and other offices The Director 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.