Stopping Unlawful Negative Machine Impacts through National Evaluation Act
This bill makes an entity that uses artificial intelligence (AI) to make or inform decisions liable for violations of civil rights laws caused by those decisions in the same manner and to the same extent as if the entity made the decision without using AI.
Additionally, the bill establishes a temporary program within the National Institute of Technology and Standards to evaluate AI systems for bias and discrimination on the basis of race, sex, age, and other protected characteristics and assist in mitigating those effects. The program terminates on December 31, 2028.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5351 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5351
To clarify the applicability of civil rights law to algorithmic
decisions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 21, 2022
Mr. Portman introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To clarify the applicability of civil rights law to algorithmic
decisions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Unlawful Negative Machine
Impacts through National Evaluation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2358 note).
(2) Artificial intelligence system.--The term ``artificial
intelligence system'' means any data system, software,
application, tool, or utility that operates in whole or in part
using dynamic or static machine learning algorithms or other
forms of artificial intelligence, including a data system,
software, application, tool, or utility--
(A) that is established primarily for the purpose
of researching, developing, or implementing artificial
intelligence technology; and
(B) for which the artificial intelligence
capability is integrated into another system or
business process, operational activity, or technology
system.
(3) Covered civil rights law.--The term ``covered civil
rights law'' means--
(A) the Civil Rights Act of 1964 (42 U.S.C. 2000a
et seq.), the Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.), the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.),
title V of the Rehabilitation Act of 1973 (29 U.S.C.
791 et seq.), section 6(d) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206(d)), title II of the Genetic
Information Nondiscrimination Act of 2008 (42 U.S.C.
2000ff et seq.), subchapter II of chapter 43 of title
38, United States Code, title IX of the Education
Amendments of 1972 (20 U.S.C. 1681 et seq.), the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et seq.),
and any provision of Federal, State, or local law,
including the Constitution of the United States, that
prohibits discrimination in public or private
employment (including contracting), or in the provision
of a program or activity or accommodation, on the basis
of a protected class; and
(B) the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), the Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.), and any provision of Federal, State, or
local law, including the Constitution of the United
States, that prohibits discrimination concerning legal
status or a legal right on the basis of a protected
class.
(4) Covered entity.--The term ``covered entity'' means any
person (including a partnership, corporation, Federal, State,
or local agency, or entity) that is subject to a covered civil
rights law.
(5) Director.--The term ``Director'' means the Director of
the National Institute for Standards and Technology.
SEC. 3. APPLICABILITY OF CIVIL RIGHTS LAWS TO DECISIONS MADE BY OR
AUGMENTED BY ALGORITHMS.
(a) Purpose.--The purpose of this section to remove any doubt about
the liability described in subsection (b) of a covered entity described
in subsection (b).
(b) Liability.--A covered entity that uses artificial intelligence
to make or inform a decision that has an impact on a person that is
addressed by a covered civil rights law, including whether to provide a
program or activity or accommodation to a person, shall be liable for a
claim of discrimination under the corresponding covered civil rights
law in the same manner and to the same extent (including being liable
pursuant to that law's standard of culpability) as if the covered
entity had made such decision without the use of artificial
intelligence.
SEC. 4. REQUIREMENT FOR NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
PROGRAM OF TECHNOLOGY EVALUATIONS OF BIAS AND
DISCRIMINATION IN ARTIFICIAL INTELLIGENCE SYSTEMS.
(a) Establishment of Technology Evaluation Program.--Not later than
1 year after the date of the enactment of this Act, the Director shall
establish a program for conducting technology evaluations to assess and
assist in mitigating bias and discrimination in artificial intelligence
systems of covered entities with respect to race, sex, age, disability,
and other classes or characteristics protected by covered civil rights
laws. In establishing such program, the Director shall ensure that such
evaluations effectively approximate real-world applications of
artificial intelligence systems.
(b) Priority Evaluation Areas.--In carrying out the program
required under subsection (a), the Director shall prioritize the
conduct of technology evaluations to mitigate bias in--
(1) the applications identified as high risk by previous
technology evaluations and strategy documents;
(2) speech recognition and synthesis;
(3) recommendation systems, including for financial and
criminal justice applications;
(4) sensitive image recognition technology, including
facial and gait recognition systems; and
(5) any other artificial intelligence use case that poses a
high risk for discrimination based on classes or
characteristics protected by covered civil rights laws, such as
image and video synthesis, text generation, and conversation
and information systems.
(c) Participation.--In designing technology evaluations under
subsection (a), the Director shall ensure the participation of any
industry and nongovernmental experts and entities in the fields of
artificial intelligence, machine learning, computer science, social
sciences, civil rights, and civil liberties seeking to participate in
such evaluations.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Director such sums as may be necessary to carry out
this section for each of the fiscal years 2023 through 2028.
(e) Sunset.--The program required under subsection (a) shall
terminate on December 31, 2028.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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