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 2026".
Establishes the short title of the Act as the Eliminating Bias in Algorithmic Systems Act of 2026. Creates no compliance obligations.
(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).
(4) PROTECTED CHARACTERISTICProtected characteristicThe term "protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.Sec. 2(4).—The term "protected characteristicProtected characteristicThe term "protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.Sec. 2(4)" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.
Section 2 defines the four key terms used throughout the Act. Agency incorporates the broad definition from 44 U.S.C. § 3502. Covered agency captures any agency that uses, funds, procures, develops, oversees, regulates, or advises on covered algorithms — an extremely broad jurisdictional hook that sweeps in agencies with even an advisory role. Covered algorithm is defined functionally as any AI/ML computational process with the potential for material effect on agency-operated programs, agency-regulated economic opportunities, or agency-protected rights. Protected characteristic enumerates sixteen categories, including a catch-all for any classification protected by federal law, and notably includes income level, limited English proficiency, and biometric information — categories not universally present in other algorithmic bias frameworks.
(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, including the effect or tendency to subject communities, groups, or individuals to bias based on, discrimination based on, or other harms attributable to possessing or being perceived as possessing a protected characteristicProtected characteristicThe term "protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.Sec. 2(4).
(b) 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 based on, discrimination based on, and other harms attributable to possessing or being perceived as possessing a protected characteristicProtected characteristicThe term "protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.Sec. 2(4); (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) relating to bias based on, discrimination based on, and other harms attributable to possessing or being perceived as possessing a protected characteristicProtected characteristicThe term "protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.Sec. 2(4); (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 including the effect or tendency to subject communities, groups, or individuals to bias based on, discrimination based on, and other harms attributable to possessing or being perceived as possessing a protected characteristicProtected characteristicThe term "protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.Sec. 2(4); and (4) any relevant recommendations for legislation or administrative action to mitigate bias based on, discrimination based on, and other harms attributable to possessing or being perceived as possessing a protected characteristicProtected characteristicThe term "protected characteristic" means any of the following actual or perceived traits of an individual or group of individuals: (A) Race. (B) Color. (C) Ethnicity. (D) National origin, nationality, or immigration status. (E) Religion. (F) Sex (including a sex stereotype, pregnancy, childbirth, or a related medical condition, sexual orientation or gender identity, and sex characteristics, including intersex traits). (G) Disability. (H) Limited English proficiency. (I) Biometric information. (J) Familial or marital status. (K) Source of income. (L) Income level (not including the ability to pay for a specific good or service being offered). (M) Age. (N) Veteran status. (O) Genetic information or medical conditions. (P) Any other classification protected by Federal law.Sec. 2(4) 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.
Section 3 is the operative heart of the bill, imposing three distinct institutional mandates on the federal government. Subsection (a) requires each covered agency to maintain an office of civil rights staffed with experts and technologists focused on algorithmic bias, discrimination, and other harms tied to protected characteristics. Subsection (b) requires each such office to submit biennial reports to its congressional oversight committees covering the state of covered-algorithm technology, agency mitigation steps, stakeholder engagement, and legislative or administrative recommendations. Subsection (c) directs the Assistant Attorney General for Civil Rights at DOJ to stand up an interagency working group on covered algorithms and civil rights within one year of enactment, with mandatory membership for every covered agency's civil rights office.
Subsection (d) authorizes appropriations but creates no independent compliance obligation. Notably, the bill imposes no obligations on private sector developers or deployers — every duty falls on federal agencies in their capacity as users, funders, overseers, or regulators of covered algorithms.