,,ii #aagth ,,congress #ast ,session ,s4 #dij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #a1 #bjba,mr4 ,wyden 7for himself1 ,mr4 ,warner1 ,mr4 ,brown1 ,ms4 ,cortez ,masto1 ,mr4 ,blumenthal1 ,mrs4 ,feinstein1 ,mr4 ,sanders1 ,ms4 ,sinema1 ,mr4 ,van ,hollen1 ,mr4 ,kaine1 ,ms4 ,hirono1 ,mr4 ,menendez1 ,mr4 ,merkley1 ,mr4 ,booker1 ,mr4 ,markey1 ,ms4 ,rosen1 ,mr4 ,durbin1 ,mrs4 ,gillibrand1 ,ms4 ,klobuchar1 ,mr4 ,bennet1 and ,mr4 ,schatz7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to modernize the technology for delivering unemployment compensation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,unemployment ,insurance ,technology ,modernization ,act of #bjba4 #b4 ,modernization of technology for delivering unemployment compensation 7a7 ,establishment 7#a7 ,in general ,not later than #b years after the date of enactment of this section1 the ,secretary shall develop1 operate1 and maintain a modular set of technology capabilities to modernize the delivery of unemployment compensation 7in this section referred to as the technology capabilities74 7#b7 ,purposes ,the purposes of developing the technology capabilities are the following3 7,a7 ,for such capabilities to be utilized for any ,federal administrative function associated with the provision of unemployment compensation4 7,b7 ,to provide ,states with modular1 open system technology capabilities and shared services to administer their unemployment compensation programs4 7#c7 ,consultation ,in developing1 operating1 and maintaining the technology capabilities under paragraph 7#a71 the ,secretary shall-- 7,a7 coordinate with the ,administrator2 and 7,b7 consult1 design1 and conduct usability testing with-- 7i7 current and former claimants2 7ii7 employers that participate in unemployment compensation programs2 7iii7 employees of ,state workforce agencies2 7iv7 experts in technology and user experience2 7v7 ,federal administrators of unemployment compensation2 7vi7 any other potential user of the technology capabilities2 and 7vii7 subject matter experts as deemed appropriate by the ,secretary4 7b7 ,requirements 7#a7 ,in general ,the technology capabilities shall-- 7,a7 incorporate a modular open systems approach and include modular components for each function necessary to administer an unemployment compensation program1 including-- 7i7 receiving1 processing1 and paying claims for unemployment compensation1 including disaster benefits2 7ii7 online claim filing2 7iii7 the determination of claimant eligibility2 7iv7 the collection of unemployment taxes2 7v7 the submission of employer wage records2 7vi7 the appeals and adjudication processes for claimants and employers2 7vii7 sharing relevant data among ,states and the ,secretary2 and 7viii7 any other functionality that addresses the issues and goals identified during the pre-development study described in subsection 7c77#a72 7,b7 comply with best practices and standards for privacy and cybersecurity1 including digital identity proofing services1 identified in consultation with the ,director of the ,national ,institute of ,standards and ,technology 7,,nist7 and the ,director of the ,cybersecurity and ,infrastructure ,security ,agency 7,,cisa72 7,c7 prioritize end-to-end user experience for claimants1 employers1 and administrators of unemployment compensation programs2 7,d7 include centralized ,federal technology capabilities that allow for the storage1 exposure1 and exchange of data required by ,states to administer their unemployment compensation programs 7with the respective ,states retaining possession of such data without regard to the storage1 exposure1 or exchange of such data in the ,federal technology capabilities72 7,e7 provide ,states with the option to use only some of the modular components of the ,federal technology capabilities while continuing to utilize ,state technology capabilities to store any data required to administer their unemployment compensation program in a ,state database1 provided that the ,state database meets any guidelines established by the ,secretary that enable machine-to-machine interfaces to facilitate communication among ,states and between such ,state and the ,federal ,government2 7,f7 allow ,states to easily adapt the modular components of the ,federal technology capabilities to meet the requirements of their unique unemployment compensation programs2 7,g7 ensure the timely and accurate payment of benefits1 including measures to minimize susceptibility to attacks by organized criminal networks seeking to defraud ,state or ,federal unemployment compensation programs2 and 7,h7 to the extent practicable1 be made available 7along with any associated data produced under this section7 to support other interagency and intergovernmental activities as appropriate4 7#b7 ,accessibility requirements for online claim filing ,with respect to the online claim filing component described in paragraph 7#a77;,a77ii71 such component shall-- 7,a7 ensure that the process of filing initial and continuing claims for unemployment compensation can be readily understood and accomplished by the vast majority of claimants1 including individuals with limited ,english proficiency1 individuals with disabilities 7in compliance with section #ejh of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gid;d771 older individuals1 and individuals with literacy challenges2 7,b7 be available in any language spoken by more than #a percent of the national population or any ,state's population 7with such translations completed by human translators rather than translation software7 and comply with the requirements of the ,plain ,writing ,act of #bjaj 7#e ,u4,s4,c4 #cja note72 7,c7 be accessible and optimized for all commonly used desktop computers1 tablets1 and mobile devices and operating systems such that any features of the online claim filing component 7such as the ability to upload documentation7 that are available in the desktop version of the online claim filing component are also available in the tablet and mobile versions2 7,d7 allow for electronic submission of documentation required to support a claim1 including the ability of claimants to scan or photograph and submit documentation using a tablet or mobile device2 7,e7 be available #bd hours a day1 #g days a week1 with the exception of scheduled and emergency maintenance that the ,state conducts1 to the extent practicable1 at nonpeak hours2 7,f7 provide self-service account recovery that can be completed online2 and 7,g7 deploy multiple methods of communication with claimants1 such as short message service 7,,sms7 message1 email1 postal mail1 live chat1 or chatbots4 7#c7 ,requirements regarding high-risk automated decision systems 7,a7 ,in general ,the technology capabilities shall not rely solely on a high-risk automated decision system to deny a claim for unemployment compensation1 reduce the amount of unemployment compensation for which a claimant is eligible1 or deny the right of a claimant to appeal an unemployment compensation decision4 7,b7 ,partial reliance 7i7 ,in general ,if any of the technology capabilities rely on a high-risk automated decision system to determine that a claimant is ineligible for unemployment compensation1 to reduce the amount of unemployment compensation for which a claimant is eligible1 or to deny the right of a claimant to appeal an unemployment compensation decision1 the ,secretary shall-- 7,i7 require that an employee of a ,state workforce agency review the determination before-- 7aa7 the claim for unemployment compensation of such claimant may be denied2 7bb7 the amount of unemployment compensation for which such claimant is eligible may be reduced2 or 7cc7 the right of such claimant to appeal an unemployment compensation decision may be denied2 7,,ii7 consult with experts in the ,federal ,government 7including the ,director of the ,national ,institute of ,standards and ,technology and the ,director of the ,national ,science ,foundation71 regarding the potential benefits and risks of partial reliance on a high-risk automated decision system2 7,,iii7 prior to utilizing such part of the technology capabilities that relies on a high-risk automated decision system-- 7aa7 establish clear methods to measure the accuracy of such part of the technology capabilities2 and 7bb7 ensure that such part of the technology capabilities minimizes the occurrence of biased results based on race1 gender1 ethnicity1 disability status1 income1 occupation1 or other personal characteristics as determined by the ,secretary1 and prevents any increase in such bias2 7,,iv7 develop algorithmic impact assessments1 incorporating public feedback and expert agency review1 to proactively assess the necessity of additional formal policies and safeguards to mitigate risks2 and 7,v7 establish transparency requirements that include an annual public disclosure of any use of a high-risk automated decision system1 a plain language explanation of the decision making structure of such high-risk automated decision system1 and the details regarding such use and related outcomes4 7ii7 ,training ,the ,secretary shall establish best practices for training any relevant employee of the ,department or a ,state workforce agency to reduce the impact of automation bias4 7,c7 ,monitoring ,the ,secretary shall continuously monitor claim determinations that rely1 in part1 on the use of a high-risk automated decision system to ensure that biased results based on the characteristics described in subparagraph 7,b77i77,,iii77bb7 do not occur4 7c7 ,pre-,development study and report 7#a7 ,study ,prior to the development of the technology capabilities under subsection 7a7 or the procurement of such technology capabilities under subsection 7g71 the ,secretary1 in coordination with the ,administrator1 shall conduct a study assessing the technology needs of ,federal and ,state unemployment compensation programs4 ,such study shall consider the following3 7,a7 ,the ,federal and ,state capabilities that need to be upgraded or replaced to ensure the smooth administration of their respective unemployment compensation programs4 7,b7 ,how to design and develop a federally maintained system that serves the needs of both the ,federal ,government and each of the ,state unemployment compensation programs4 7,c7 ,the features necessary to effectively respond to rapid changes in volume in times of emergency1 including features that enable easy adaptation of1 and updates to1 such technology capabilities in order to implement new rules or benefits4 7,d7 ,the features necessary to ensure the technology capabilities have the capacity to handle an increased number of claims during periods of high unemployment4 7,e7 ,how the technology capabilities can prioritize claimant experience and ensure accessibility1 including by soliciting feedback from claimants and claimant representatives during the development process4 7,f7 ,how the technology capabilities can ensure effective and equitable benefit delivery1 including the following3 7i7 ,the standardization of data collection and reporting across ,states to facilitate administration and interoperability4 7ii7 ,the features that will facilitate accurate and timely delivery of benefits and reduce the time from successful unemployment compensation claim to benefit delivery4 7iii7 ,the features that will help to identify and prevent organized fraud schemes without causing unreasonable delays for legitimate claimants or penalizing mistakes4 7iv7 ,the appropriate level of ongoing audit and analysis needed to evaluate the effectiveness and equitability of benefit delivery4 7v7 ,how privacy-protective data exposure and exchange between government entities and privacy-protective public reporting could be utilized to improve and ensure effective and equitable benefit delivery4 7,g7 ,how the technology capabilities can improve the employer experience1 including tax payment1 the submission of wage information1 and the verification of claim information4 7,h7 ,how the technology capabilities can improve processes for employees of ,state workforce agencies4 7,i7 ,the information security measures necessary to protect claimants' personal data while enabling auditing and research1 including recommendations for privacy-protective technologies1 such as secure multi-party computation1 that can enable such auditing and research in a manner that does not involve sharing data on individual claimants4 7,j7 ,how the technology capabilities can improve data sharing among ,states and the ,federal ,government with respect to recipiency1 benefit levels1 timeliness1 and accuracy4 7,k7 ,how the technology capabilities can minimize disparities in unemployment compensation recipiency by race1 gender1 ethnicity1 disability status1 income1 or occupation1 and prevent any increase in such disparities4 7,l7 ,potential approaches for development or procurement of the technology capabilities1 including1 for each approach presented1 range estimates for development1 implementation1 and operational costs1 and range estimates of capability delivery schedules4 7#b7 ,report ,not later than #d months after the date of enactment of this section1 the ,secretary1 in coordination with the ,administrator1 shall submit to ,congress a report containing the results of the study conducted under paragraph 7#a71 together with the ,department's strategy for development and procurement of the technology capabilities1 including any recommendations for such legislation and administrative action as the ,secretary determines appropriate4 7d7 ,digital ,services ,team 7#a7 ,establishment ,the ,secretary1 in coordination with the ,administrator1 shall establish in the ,department a ,digital ,services ,team 7in this section referred to as the ,team74 7#b7 ,membership ,the ,team shall include-- 7,a7 technology experts2 7,b7 user experience experts2 7,c7 an experienced technical team leader with experience in human-centered design and modern software development practices2 and 7,d7 any other member deemed appropriate by the ,secretary4 7#c7 ,duties ,the ,team shall carry out the following duties3 7,a7 ,assist the ,secretary in the development1 operation1 and maintenance of the technology capabilities under subsection 7a74 7,b7 ,after the development and deployment of the technology capabilities under subsection 7a7 is complete1 assist the ,secretary in operating and overseeing the maintenance and continued improvement of the technology capabilities1 including by providing technological assistance-- 7i7 to ,state workforce agencies2 and 7ii7 to ,states seeking to adapt their ,state databases to interface with the ,federally provided modular and open systems technology capabilities described in subsection 7b77#a77;,e74 7,c7 ,ensure the ,department has sufficient in-house technical expertise and procurement support4 7,d7 ,assist the ,department with technology needs4 7,e7 ,engage in such other activities deemed appropriate by the ,secretary4 7#d7 ,staff and resources ,the ,secretary shall ensure that the ,team has such staff1 resources1 and access to information as may be necessary to carry out the duties of the ,team4 7#e7 ,digital ,services ,team ,funding ,out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,secretary #e1jjj1jjj to carry out this subsection4 ,amounts appropriated under the preceding sentence shall remain available until expended4 7e7 ,pilot program ,prior to the deployment of the technology capabilities to all ,states1 the ,secretary shall select not fewer than #d ,states to participate in a pilot program to test the technology capabilities and demonstrate that such technology capabilities meet the requirements and end-to-end user experience needs established by this ,act1 including those identified in the pre-development study described in subsection 7c77#a74 7f7 ,data sharing ,to enable the storage1 exposure1 and exchange of data required by ,states to administer their unemployment compensation programs1 the ,secretary shall-- 7#a7 establish ,computer ,matching ,agreements in accordance with the ,computer ,matching and ,privacy ,protection ,act of #aihh 7#e ,u4,s4,c4 #eeb;a note7 to obtain information necessary to verify a claimant's eligibility for unemployment compensation2 7#b7 determine appropriate aggregate data to share on a regular basis with the public through the ,data4gov internet website pursuant to the ,foundations for ,evidence-,based ,policy ,making ,act of #bjah 7#e ,u4,s4,c4 #aja note72 7#c7 establish appropriate controls and monitoring to make available only the data necessary for ,states to administer their unemployment compensation programs2 and 7#d7 establish a data retention policy for retaining or archiving historical unemployment compensation program data as deemed appropriate4 7g7 ,procurement and contracts with private vendors ,if the ,secretary contracts with a private vendor to procure or develop or assist with the development of the technology capabilities under subsection 7a71 the ,secretary shall-- 7#a7 ensure that any agreement with such private vendor stipulates that the resulting technology capabilities and associated research1 applications1 automated processes1 and associated metadata shall be the proprietary information of the ,federal ,government2 7#b7 follow best practices for ,government ,,it procurement to de-risk projects2 and 7#c7 provide funding based on program outcomes rather than volume4 7h7 ,oversight 7#a7 ,oversight ,during and after the development of the technology capabilities under subsection 7a71 the ,secretary shall-- 7,a7 respond to requests from ,congress for updates on the development of the technology capabilities2 and 7,b7 participate in oversight hearings and demonstrations of the technology capabilities as requested by ,congress4 7#b7 ,publicly available status ,not later than #f months after the date of enactment of this section1 the ,secretary shall establish and maintain publicly available content1 available on the internet website of the ,department1 that provides the status of-- 7,a7 the technology capabilities being developed under this section2 7,b7 the metrics of success for such development2 7,c7 the results from piloting and testing of such technology capabilities2 and 7,d7 deployment of such technology capabilities in each of the ,states and the ,federal ,government4 7i7 ,technology ,capabilities ,modernization ,funding ,out of any money in the ,treasury not otherwise appropriated1 there are appropriated to the ,secretary #ejj1jjj1jjj to carry out this section 7other than subsection 7d774 ,amounts appropriated under the preceding sentence shall remain available until expended4 7j7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,united ,states ,digital ,service4 7#b7 ,automated decision system ,the term automated decision system means a computational process1 including one derived from machine learning1 statistics1 or other data processing or artificial intelligence techniques1 that makes a decision or facilitates human decision making that impacts claimants4 7#c7 ,automation bias ,the term automation bias means the tendency for humans to over-rely on the recommendation of an automated decision system1 to place overconfidence in such recommendation based on perceived superiority to analog or human processes1 or to ignore evidence that would indicate the automated decision system has made an error4 7#d7 ,claimant ,the term claimant means a claimant for unemployment compensation4 7#e7 ,department ,the term ,department means the ,department of ,labor4 7#f7 ,high-risk automated decision system ,the term high-risk automated decision system means an automated decision system that-- 7,a7 poses a significant risk-- 7i7 to the privacy or security of personal information of claimants2 or 7ii7 of resulting in or contributing to inaccurate1 unfair1 biased1 or discriminatory decisions impacting claimants2 7,b7 makes decisions1 or facilitates human decision making1 based on systematic evaluations of current and historical claimant data1 including attempts to analyze or predict sensitive aspects of claimants' lives or characteristics or activities that may affect their eligibility for unemployment compensation1 such as their reason for separation from employment1 availability for work1 work search activities1 work performance1 economic situation1 health1 personal preferences1 interests1 behavior1 location1 or movements1 that-- 7i7 alter legal rights of the claimants2 or 7ii7 otherwise significantly impact the claimants2 7,c7 involves the personal information of a significant number of claimants regarding race1 color1 national origin1 political opinions1 religion1 trade union membership1 genetic data1 biometric data1 health1 gender1 gender identity1 sexuality1 sexual orientation1 disability status1 criminal convictions1 or arrests2 or 7,d7 meets any other criteria deemed appropriate by the ,secretary4 7#g7 ,modular open systems approach ,the term modular open systems approach means an integrated business and technical strategy that-- 7,a7 employs a modular design that uses system interfaces between a system platform and a system component1 between system components1 or between system platforms2 7,b7 is subjected to verification to ensure system interfaces comply with1 if available and suitable1 widely supported and consensus-based standards2 and 7,c7 uses a system architecture that allows severable system platforms or components at the appropriate level to be incrementally added1 removed1 or replaced throughout the life cycle of a system platform or component while yielding-- 7i7 significant cost savings or avoidance2 7ii7 schedule reduction2 7iii7 opportunities for technical upgrades2 7iv7 increased interoperability2 or 7v7 other benefits during the sustainment phase4 7#h7 ,secretary ,the term ,secretary means the ,secretary of ,labor4 7#i7 ,secure multi-party computation ,the term secure multi-party computation means a computerized system that enables different participating entities in possession of private sets of data to link and aggregate their data sets for the exclusive purpose of performing a finite number of pre-approved computations without transferring or otherwise revealing any private data to each other or anyone else4 7#aj7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and the ,united ,states ,virgin ,islands4