[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7449 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 7449
To establish prohibitions on the use of automated systems in a
discriminatory manner, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 7, 2022
Mr. Brown of Maryland (for himself and Ms. Schakowsky) introduced the
following bill; which was referred to the Committee on Oversight and
Reform, and in addition to the Committees on Education and Labor, Armed
Services, Science, Space, and Technology, Intelligence (Permanent
Select), and the Judiciary, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish prohibitions on the use of automated systems in a
discriminatory manner, 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 ``Digital Civil and Human Rights Act
of 2022''.
SEC. 2. PROHIBITION OF DISCRIMINATORY USE OF AUTOMATED SYSTEMS.
(a) In General.--No Federal agency, court of the United States,
State government, local government, or tribal government may use any
automated decision system that has a disparate impact on the basis of
race, national origin, color, religion, disability, or sex.
(b) Publicly Available Repository.--The head of each Federal agency
shall maintain a site on the public website of the Federal agency that
contains a bias datasheet for each automated decision system used by
such Federal agency with the potential for a disparate impact on the
bases established under subsection (a).
(c) Definition.--In this section the term ``bias datasheet'' means
a datasheet conforming to the standard published pursuant to section
22B of the National Institute of Standards and Technology Act.
(d) Prohibition Against Discrimination or Segregation in Places of
Public Accommodation.--Section 201 of the Civil Rights Act of 1964 (42
U.S.C. 2000a) is amended by adding at the end the following:
``(f) It shall be an unlawful practice for a place of public
accommodation to use in its operations affecting commerce any automated
decision system (as such term is defined in section 701) that has a
disparate impact on the basis of race, color, religion, sex, or
national origin.''.
(e) Unlawful Employment Practices.--Section 703 of the Civil Rights
Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the
following:
``(o) It shall be an unlawful employment practice for a respondent,
in connection with the selection or referral of applicants or
candidates for employment or promotion, to use any automated decision
system that has a disparate impact on the basis of race, color,
religion, sex, or national origin.''.
(f) Definitions in Civil Rights Act of 1964.--Section 701 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at
the end the following:
``(o) The term `automated decision system' means any system,
software, or process (including one derived from machine learning,
statistics, or other data processing or artificial intelligence
techniques and excluding passive computing infrastructure) that uses
computation, the result of which serves as a basis for a decision or
judgment.
``(p) The term `court of the United States' has the meaning given
such term in section 451 of title 28, United States Code.''.
(g) Rulemaking.--Not later than 1 year after the date of enactment
of this Act, the head of each Federal agency, in coordination with the
Director of the Office of Management and Budget, shall make rules to
carry out this section and the amendments made by this section.
SEC. 3. PROHIBITION OF BIAS IN USE OF AUTOMATED SYSTEMS BY THE
DEPARTMENT OF DEFENSE.
(a) In General.--Chapter 3 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 130l. Prohibition of use of automated systems with bias
``(a) In General.--None of the funds authorized to be appropriated
or otherwise made available for any fiscal year for the Department of
Defense may be used for the use of any automated decision system with
any adverse distinction based on race, religion, sex, health, age, or
any other similar criteria.
``(b) Publicly Available Repository.--Not later than one year after
the effective date of this section, the Secretary of Defense shall
maintain a site on the public website of the Department of Defense that
contains a bias datasheet for each automated decision system used by
the Department of Defense with the potential for an adverse distinction
on the bases established under subsection (a).
``(c) Definitions.--In this section:
``(1) The term `automated decision system' has the meaning
given such term in section 701 of the Civil Rights Act of 1964.
``(2) The term `adverse distinction' has the meaning given
such term through the application of the Geneva Conventions and
customary international law.
``(3) The term `bias datasheet' means a datasheet
conforming to the standard published pursuant to section 22B of
the National Institute of Standards and Technology Act and
includes an addendum related to international law.''.
(b) Report Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on the
implementation of the amendments made by this section.
(2) Elements.--The report required by subsection (b) shall
include the following:
(A) An accounting of regulations prescribed,
revised, or withdrawn in the implementation of the
prohibition created under subsection (a).
(B) An identification and assessment of any
automated decision systems used by the Department of
Defense prior to the enactment of this Act which had an
adverse distinction based on race, religion, sex,
health, age, or any other similar criteria.
(C) Recommendations for actions to affirm the same
prohibition for all parties to the Geneva Conventions.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be posted
on a publicly available website of the Department of Defense.
(c) Definition.--In this section the term ``appropriate
congressional committees'' means--
(1) the congressional defense committees;
(2) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(d) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
130k the following new item:
``130l. Prohibition of use of automated systems with bias.''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date that is one year after the date of the enactment of
this Act.
SEC. 4. REPORT ON INTELLIGENCE COMMUNITY USE OF AUTOMATED DECISION
SYSTEMS WITH BIAS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate congressional committees a report on the use
within the intelligence community of automated decision systems with an
adverse distinction based on race, religion, sex, health, age, or any
other similar criteria.
(b) Elements.--The report required by subsection (a) shall include
the following:
(1) An accounting of the automated decision systems used by
the intelligence community, excluding cyberspace operations,
with the potential for an adverse distinction based on race,
religion, sex, health, age, or any other similar criteria.
(2) An assessment of any adverse distinctions based on
race, religion, sex, health, age, or any other similar
criteria.
(3) An assessment of the impact of a prohibition within the
intelligence community on automated decision systems with an
adverse distinction based on race, religion, sex, health, age,
or any other similar criteria.
(4) An assessment of the programs and funding required to
replace within the intelligence community any automated
decision systems with an adverse distinction based on race,
religion, sex, health, age, or any other similar criteria.
(c) Form.--The report under subsection (a) may be submitted in
classified form, but if so submitted shall include an unclassified
executive summary. The unclassified portion of the report shall be
posted on a publicly available website of the Office of the Director of
National Intelligence.
(d) Definition.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Relations and the
Select Committee on Intelligence of the Senate; and
(C) the Committee on Foreign Affairs and the
Permanent Select Committee on Intelligence of the House
of Representatives.
(2) The term ``intelligence community'' has the meaning
given such term in section 3003(4) of title 50, United States
Code.
(3) The term ``automated decision system'' has the meaning
given such term in section 701 of the Civil Rights Act of 1964.
(4) The term ``adverse distinction'' has the meaning given
such term through the application of the Geneva Conventions and
customary international law.
SEC. 5. ESTABLISHMENT OF DATASHEET STANDARDS ON AUTOMATED DECISION
SYSTEM BIAS.
(a) In General.--The National Institute of Standards and Technology
Act (15 U.S.C. 271 et seq.) is amended by inserting after section 22A
the following new section:
``SEC. 22B. AUTOMATED DECISION SYSTEM BIAS DATASHEETS.
``(a) In General.--The Director of the Institute, in consultation
with such researchers, private sector industry experts, legal experts,
and civil rights experts as the Director considers appropriate, shall
develop, publish, and maintain standards for reporting bias in an
automated decision system.
``(b) Elements.--The standards described in subsection (a) shall
require the following:
``(1) An assessment of bias on the basis of race, national
origin, color, religion, disability, sex, sexual orientation,
or gender identity.
``(2) The source, size, and characteristics of any dataset
used as the basis for the automated decision system.
``(3) The content is accessible and machine readable in
accordance with the 21st Century Integrated Digital Experience
Act (44 U.S.C. 3501 note).
``(4) Any other requirements as determined by the Director.
``(c) Definitions.--In this section the term `automated decision
system' has the meaning given such term in section 701 of the Civil
Rights Act of 1964.''.
(b) Deadline for Implementation.--Not later than 18 months after
the date of the enactment of this Act, the Director shall initially
publish the standards required under subsection (a).
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