WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
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.
This Act may be cited as the ''Eliminating Bias in Algorithmic Systems Act of 2023''.
Establishes the short title of the legislation as the Eliminating Bias in Algorithmic Systems Act of 2023. No operative obligations are created.
(1) AGENCYAgencyThe term "agency" has the meaning given the term in section 3502 of title 44, United States Code.Sec. 2(1).—The term ''agencyAgencyThe term "agency" has the meaning given the term in section 3502 of title 44, United States Code.Sec. 2(1)'' has the meaning given the term in section 3502 of title 44, United States Code.
(2) COVERED AGENCYCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2).—The term ''covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2)'' means an agencyAgencyThe term "agency" has the meaning given the term in section 3502 of title 44, United States Code.Sec. 2(1) that— (A) uses, funds, or procures a covered algorithmCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3), or funds or otherwise participates in the development of a covered algorithmCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3); or (B) oversees, regulates, or advises on the development or use of a covered algorithmCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3).
(3) COVERED ALGORITHMCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3).—The term ''covered algorithmCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3)'' means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agencyAgencyThe term "agency" has the meaning given the term in section 3502 of title 44, United States Code.Sec. 2(1); (ii) an economic opportunity regulated by an agencyAgencyThe term "agency" has the meaning given the term in section 3502 of title 44, United States Code.Sec. 2(1); or (iii) rights protected by an agencyAgencyThe term "agency" has the meaning given the term in section 3502 of title 44, United States Code.Sec. 2(1).
Defines three key terms used throughout the Act. Agency incorporates the existing definition from 44 U.S.C. § 3502. Covered agency extends to any federal agency that uses, funds, procures, develops, oversees, regulates, or advises on covered algorithms. Covered algorithm is defined broadly as any computational process using machine learning, NLP, AI techniques, or similar methods that has the potential to materially affect a federal program, a regulated economic opportunity, or rights protected by an agency.
(a) 1 OFFICES OF CIVIL RIGHTS.—The head of each covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) shall ensure that the covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) has an office of civil rights that employs experts and technologists focused on bias, discrimination, and other harms resulting from covered algorithmsCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3).
(b)(1)–(4) 2 BIAS, DISCRIMINATION, AND OTHER HARMS REPORTS.—Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, each office of civil rights of a covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) established under subsection (a) shall submit to each congressional committee with jurisdiction over the covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) a report that details— (1) the state of the field and technology of covered algorithmsCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3) with respect to jurisdiction of the covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2), including risks relating to bias, discrimination, and other harms; (2) any relevant steps the covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) has taken to mitigate harms from covered algorithmsCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3) due to bias, discrimination, and other harms; (3) actions the covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) has taken to engage with relevant stakeholders, including industry representatives, businesses, civil rights advocates, consumer protection organizations, other relevant civil society organizations, academic experts, individuals with technical expertise, organizations representing workers, and affected populations, regarding bias, discrimination, and other harms from covered algorithmsCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3); and (4) any relevant recommendations for legislation or administrative action to mitigate bias, discrimination, and other harms from covered algorithmsCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3), as determined appropriate by the head of the office.
(c) 3 INTERAGENCY WORKING GROUP.—Not later than 1 year after the date of enactment of this Act, the Assistant Attorney General in charge of the Civil Rights Division of the Department of Justice shall establish an interagency working group on covered algorithmsCovered algorithmThe term "covered algorithm" means a process that— (A) is— (i) a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; or (ii) a computational process derived from a process described in clause (i); and (B) has the potential to have a material effect on the impact of, access to, availability of, eligibility for, cost of, terms of, or conditions of— (i) a program operated or funded by an agency; (ii) an economic opportunity regulated by an agency; or (iii) rights protected by an agency.Sec. 2(3) and civil rights, of which each office of civil rights of a covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) established under subsection (a) shall be a member.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to each covered agencyCovered agencyThe term "covered agency" means an agency that— (A) uses, funds, or procures a covered algorithm, or funds or otherwise participates in the development of a covered algorithm; or (B) oversees, regulates, or advises on the development or use of a covered algorithm.Sec. 2(2) such sums as may be necessary to carry out this Act.
This section contains all of the bill's operative obligations. Subsection (a) requires each covered agency to ensure it has an office of civil rights staffed with experts and technologists focused on bias, discrimination, and other harms from covered algorithms. Subsection (b) imposes a biennial reporting obligation: each such office must submit a report to its congressional oversight committees covering the state of algorithmic technology, mitigation steps, stakeholder engagement, and legislative recommendations. Subsection (c) directs the Assistant Attorney General for Civil Rights at DOJ to establish an interagency working group within one year, with mandatory membership by each covered agency's civil rights office. Subsection (d) authorizes appropriations in such sums as may be necessary.