,i #aagth ,,congress #b;d ,session ,h4 ,r4 #gddi ,,in ,,the ,,house ,,of ,,representatives ,april #g1 #bjbb,mr4 ,brown of ,maryland 7for himself and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on ,oversight and ,reform1 and in addition to the ,committees on ,education and ,labor1 ,armed ,services1 ,science1 ,space1 and ,technology1 ,intelligence 7,permanent ,select71 and the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 manner1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,digital ,civil and ,human ,rights ,act of #bjbb4 #b4 ,prohibition of discriminatory use of automated systems 7a7 ,in general ,no ,federal agency1 court of the ,united ,states1 ,state government1 local government1 or tribal government may use any automated decision system that has a disparate impact on the basis of race1 national origin1 color1 religion1 disability1 or sex4 7b7 ,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 7a74 7c7 ,definition ,in this section the term bias datasheet means a datasheet conforming to the standard published pursuant to section #bb;,b of the ,national ,institute of ,standards and ,technology ,act4 7d7 ,prohibition against discrimination or segregation in places of public accommodation ,section #bja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a7 is amended by adding at the end the following3 7f7 ,it shall be an unlawful practice for a place of public accommodation to use in its operations affecting commerce any automated decision system 7as such term is defined in section #gja7 that has a disparate impact on the basis of race1 color1 religion1 sex1 or national origin4 4 7e7 ,unlawful employment practices ,section #gjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7 is amended by adding at the end the following3 7o7 ,it shall be an unlawful employment practice for a respondent1 in connection with the selection or referral of applicants or candidates for employment or promotion1 to use any automated decision system that has a disparate impact on the basis of race1 color1 religion1 sex1 or national origin4 4 7f7 ,definitions in ,civil ,rights ,act of #aifd ,section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e-#b7 is amended by adding at the end the following3 7o7 ,the term automated decision system means any system1 software1 or process 7including one derived from machine learning1 statistics1 or other data processing or artificial intelligence techniques and excluding passive computing infrastructure7 that uses computation1 the result of which serves as a basis for a decision or judgment4 7p7 ,the term court of the ,united ,states has the meaning given such term in section #dea of title #bh1 ,united ,states ,code4 4 7g7 rulemaking ,not later than #a year after the date of enactment of this ,act1 the head of each ,federal agency1 in coordination with the ,director of the ,office of ,management and ,budget1 shall make rules to carry out this section and the amendments made by this section4 #c4 ,prohibition of bias in use of automated systems by the department of defense 7a7 ,in general ,chapter #c of title #aj1 ,united ,states ,code1 is amended by adding at the end the following new section3 #acjl4 ,prohibition of use of automated systems with bias 7a7 ,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 race1 religion1 sex1 health1 age1 or any other similar criteria4 7b7 ,publicly available repository ,not later than one year after the effective date of this section1 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 7a74 7c7 ,definitions ,in this section3 7#a7 ,the term automated decision system has the meaning given such term in section #gja of the ,civil ,rights ,act of #aifd4 7#b7 ,the term adverse distinction has the meaning given such term through the application of the ,geneva ,conventions and customary international law4 7#c7 ,the term bias datasheet means a datasheet conforming to the standard published pursuant to section #bb;,b of the ,national ,institute of ,standards and ,technology ,act and includes an addendum related to international law4 4 7b7 ,report required 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,defense1 in coordination with the ,secretary of ,state1 shall submit to the appropriate congressional committees a report on the implementation of the amendments made by this section4 7#b7 ,elements ,the report required by subsection 7b7 shall include the following3 7,a7 ,an accounting of regulations prescribed1 revised1 or withdrawn in the implementation of the prohibition created under subsection 7a74 7,b7 ,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 race1 religion1 sex1 health1 age1 or any other similar criteria4 7,c7 ,recommendations for actions to affirm the same prohibition for all parties to the ,geneva ,conventions4 7#c7 ,form ,the report under paragraph 7#a7 shall be submitted in unclassified form1 but may contain a classified annex4 ,the unclassified portion of the report shall be posted on a publicly available website of the ,department of ,defense4 7c7 ,definition ,in this section the term appropriate congressional committees means-- 7#a7 the congressional defense committees2 7#b7 the ,committee on ,foreign ,relations and the ,select ,committee on ,intelligence of the ,senate2 and 7#c7 the ,committee on ,foreign ,affairs and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7d7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #acjk the following new item3 #acjl4 ,prohibition of use of automated systems with bias4 4 7e7 ,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 ,act4 #d4 ,report on intelligence community use of automated decision systems with bias 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 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 race1 religion1 sex1 health1 age1 or any other similar criteria4 7b7 ,elements ,the report required by subsection 7a7 shall include the following3 7#a7 ,an accounting of the automated decision systems used by the intelligence community1 excluding cyberspace operations1 with the potential for an adverse distinction based on race1 religion1 sex1 health1 age1 or any other similar criteria4 7#b7 ,an assessment of any adverse distinctions based on race1 religion1 sex1 health1 age1 or any other similar criteria4 7#c7 ,an assessment of the impact of a prohibition within the intelligence community on automated decision systems with an adverse distinction based on race1 religion1 sex1 health1 age1 or any other similar criteria4 7#d7 ,an assessment of the programs and funding required to replace within the intelligence community any automated decision systems with an adverse distinction based on race1 religion1 sex1 health1 age1 or any other similar criteria4 7c7 ,form ,the report under subsection 7a7 may be submitted in classified form1 but if so submitted shall include an unclassified executive summary4 ,the unclassified portion of the report shall be posted on a publicly available website of the ,office of the ,director of ,national ,intelligence4 7d7 ,definition ,in this section3 7#a7 ,the term appropriate congressional committees means-- 7,a7 the congressional defense committees2 7,b7 the ,committee on ,foreign ,relations and the ,select ,committee on ,intelligence of the ,senate2 and 7,c7 the ,committee on ,foreign ,affairs and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,the term intelligence community has the meaning given such term in section #cjjc7d7 of title #ej1 ,united ,states ,code4 7#c7 ,the term automated decision system has the meaning given such term in section #gja of the ,civil ,rights ,act of #aifd4 7#d7 ,the term adverse distinction has the meaning given such term through the application of the ,geneva ,conventions and customary international law4 #e4 ,establishment of datasheet standards on automated decision system bias 7a7 ,in general ,the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bga et seq47 is amended by inserting after section #bb;,a the following new section3 #bb;,b4 ,automated decision system bias datasheets 7a7 ,in general ,the ,director of the ,institute1 in consultation with such researchers1 private sector industry experts1 legal experts1 and civil rights experts as the ,director considers appropriate1 shall develop1 publish1 and maintain standards for reporting bias in an automated decision system4 7b7 ,elements ,the standards described in subsection 7a7 shall require the following3 7#a7 ,an assessment of bias on the basis of race1 national origin1 color1 religion1 disability1 sex1 sexual orientation1 or gender identity4 7#b7 ,the source1 size1 and characteristics of any dataset used as the basis for the automated decision system4 7#c7 ,the content is accessible and machine readable in accordance with the #bast ,century ,integrated ,digital ,experience ,act 7#dd ,u4,s4,c4 #ceja note74 7#d7 ,any other requirements as determined by the ,director4 7c7 ,definitions ,in this section the term automated decision system has the meaning given such term in section #gja of the ,civil ,rights ,act of #aifd4 4 7b7 ,deadline for implementation ,not later than #ah months after the date of the enactment of this ,act1 the ,director shall initially publish the standards required under subsection 7a74