Pennsylvania · House Bill · 2021–2022 Regular Session
HB1338
Pennsylvania HB 1338 — Automated Decision Systems Task Force Act

Status ● Failed Effective N/A Passage Likelihood N/A

How Is This Bill Enforced

Enforcement Authority
No enforcement mechanism. The bill establishes a study task force with no regulatory authority and no penalties.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
No damages or remedies. The bill creates a task force with study and reporting duties only.

What This Bill Requires

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.

Statutory Text
Analysis & Obligations
Section 1
Short title

This act shall be known and may be cited as the Automated Decision Systems Task ForceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 Act.

Establishes the short title of the act as the Automated Decision Systems Task Force Act. No compliance obligations are created.

Section 2
Legislative findings

(1) Automated decision systems have been utilized in recent years to assist in decision making in State and local governments and in businesses, including in issues of criminal justice and public benefits.

(2) Automated decision systems serve a variety of functions to assist organizations, agencies and corporations and to improve efficiency, but these systems can lack transparency and may be utilized without public knowledge.

(3) The use of automated decision systems, including controversial technology like facial recognition, may unwittingly have a disproportionate negative impact on members of marginalized communities by reinforcing existing biases.

(4) Reliance on automated decision systems require oversight and transparency to prevent the entrenching of biases and to mitigate potential harm.

(5) The Commonwealth must examine the use of automated decision systems to ensure transparency.

Sets out the General Assembly's findings regarding automated decision systems, including their growing use in state and local government and the private sector, their potential to reinforce existing biases against marginalized communities, and the need for oversight and transparency. These are legislative findings only and impose no compliance obligations.

Section 3
Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3." The Automated Decision Systems Task ForceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 established under section 4.

Defines the term "Task force" as the Automated Decision Systems Task Force established under Section 4. This is the bill's only formal definition. No compliance obligations are created.

Section 4
Automated Decision Systems Task Force
Government

(a) Establishment.--The Automated Decision Systems Task ForceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 is established to study the use of automated decision systems in government.

(b)(1)–(6) Membership.--The task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall consist of the following members: (1) One member appointed by the Governor. (2) One member appointed by the Majority Leader of the Senate. (3) One member appointed by the Minority Leader of the Senate. (4) One member appointed by the Majority Leader of the House of Representatives. (5) One member appointed by the Minority Leader of the House of Representatives. (6) One member appointed by the Attorney General.

(c)(1)–(3) Appointment of members.--The following shall apply: (1) Each member appointed to the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall be knowledgeable of the issues surrounding automated decision systems and technological ethics. (2) Appointments to the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall be made within 30 days of the effective date of this section. Any vacancy shall be filled by the relevant appointing authority. (3) Members of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall elect a member to serve as the chairperson of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3.

(d) Expenses.--Members may not receive compensation for service on the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 but shall be reimbursed for all necessary travel and other reasonable expenses incurred in connection with the performance of duties as members of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3.

(e)(1)–(9) 1 Business.--The following shall apply: (1) The physical or remote presence of a majority of the members shall constitute a quorum of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3. (2) Action of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 must be authorized or ratified by a majority vote of the members of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3. (3) A member not physically present may participate by teleconference, video conference or other electronic means. (4) The first meeting of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall be convened within 60 days of the effective date of this section. (5) The task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall meet at least four times annually beginning on the date of the first meeting and may hold additional meetings upon the written request of a two-thirds majority of members of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3. (6) The task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall hold public hearings as necessary to obtain information required to conduct reviews under this act. (7) The task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 may participate in meetings or hearings via teleconference when necessary. (8) The task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall determine the location of meetings in this Commonwealth, subject to the approval of the chairperson. (9) The Department of Human Services, the Department of Transportation, the Pennsylvania Board of Probation and Parole and any other agency that uses automated decision systems shall cooperate to provide administrative or other assistance to the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3.

(f)(1)–(5) 2 Powers and duties.--The task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 shall have the power and duty to: (1) Review and analyze the prevalence of the use of automated decision systems in this Commonwealth. (2) Hold public hearings for the taking of testimony and the requesting of documents. (3) Administer oaths and affirmations to witnesses appearing before the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3. (4) Accept and review written comments from individuals and organizations. (5) Issue a report to the Governor, Senate and House of Representatives with the findings of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 within one year of the first meeting of the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3. The report shall include findings and recommendations regarding: (i) potential oversight for the use of automated decision systems; (ii) a complete accounting of which agencies utilize automated decision systems and how they are used; (iii) any issues of bias or potential bias that have arisen through the use of automated decision systems within government agencies; (iv) legislative solutions to remedy any potential bias caused by the use of automated decision systems; and (v) development of guidelines to ensure that information about the use of automated decision systems is publicly available.

Section 4 is the operative core of the bill. It establishes the Automated Decision Systems Task Force, defines its six-member composition (appointed by the Governor, legislative leaders, and the Attorney General), sets out appointment qualifications and procedures, establishes quorum and voting rules, requires at least four meetings annually, and mandates public hearings. Named state agencies — including the Department of Human Services, the Department of Transportation, and the Pennsylvania Board of Probation and Parole — must cooperate with the task force.

The task force's powers and duties include reviewing the prevalence of automated decision systems in the Commonwealth, holding public hearings, administering oaths, and issuing a report to the Governor and General Assembly within one year. The report must cover oversight recommendations, a complete agency inventory of automated decision systems, bias issues, legislative remedies, and guidelines for public transparency. While the report obligation and the agency cooperation mandate are the closest provisions to affirmative compliance duties, they are directed at the task force itself and at state agencies in a study capacity — they do not impose ongoing compliance requirements on private-sector AI developers or deployers.

Compliance actions 2 items
1
The Department of Human Services, the Department of Transportation, the Pennsylvania Board of Probation and Parole, and any other agency that uses automated decision systems must cooperate to provide administrative or other assistance to the task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3.
2
The task forceTask force"Task force." The Automated Decision Systems Task Force established under section 4.Section 3 must review the prevalence of automated decision systems in the Commonwealth, hold public hearings, and issue a report to the Governor and General Assembly within one year of its first meeting, covering oversight recommendations, an agency ADS inventory, bias findings, legislative remedies, and public-transparency guidelines.
Section 5
Effective date

This act shall take effect immediately.

Provides that the act shall take effect immediately upon enactment. No compliance obligations are created.

Passage Likelihood

Failed
Status Failed
Final action Referred to STATE GOVERNMENT

Legislative History

2021-05-06 Referred to STATE GOVERNMENT

Entry Last Reviewed

2026-05-16
AI generated