,,ii #aagth ,,congress #b;d ,session ,s4 #ecea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ba1 #bjbb ,mr4 ,portman introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to clarify the applicability of civil rights law to algorithmic decisions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stopping ,unlawful ,negative ,machine ,impacts through ,national ,evaluation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence ,the term artificial intelligence has the meaning given the term in section #bch7;g7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 #bceh note74 7#b7 ,artificial intelligence system ,the term artificial intelligence system means any data system1 software1 application1 tool1 or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence1 including a data system1 software1 application1 tool1 or utility-- 7,a7 that is established primarily for the purpose of researching1 developing1 or implementing artificial intelligence technology2 and 7,b7 for which the artificial intelligence capability is integrated into another system or business process1 operational activity1 or technology system4 7#c7 ,covered civil rights law ,the term covered civil rights law means-- 7,a7 the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a et seq471 the ,age ,discrimination in ,employment ,act of #aifg 7#bi ,u4,s4,c4 #fba et seq471 the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq471 title ,v of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gia et seq471 section #f7;d7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf7;d771 title ,,ii of the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq471 subchapter ,,ii of chapter #dc of title #ch1 ,united ,states ,code1 title ,,ix of the ,education ,amendments of #aigb 7#bj ,u4,s4,c4 #afha et seq471 the ,age ,discrimination ,act of #aige 7#db ,u4,s4,c4 #faja et seq471 and any provision of ,federal1 ,state1 or local law1 including the ,constitution of the ,united ,states1 that prohibits discrimination in public or private employment 7including contracting71 or in the provision of a program or activity or accommodation1 on the basis of a protected class2 and 7,b7 the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq471 the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcja et seq471 and any provision of ,federal1 ,state1 or local law1 including the ,constitution of the ,united ,states1 that prohibits discrimination concerning legal status or a legal right on the basis of a protected class4 7#d7 ,covered entity ,the term covered entity means any person 7including a partnership1 corporation1 ,federal1 ,state1 or local agency1 or entity7 that is subject to a covered civil rights law4 7#e7 ,director ,the term ,director means the ,director of the ,national ,institute for ,standards and ,technology4 #c4 ,applicability of civil rights laws to decisions made by or augmented by algorithms 7a7 ,purpose ,the purpose of this section to remove any doubt about the liability described in subsection 7b7 of a covered entity described in subsection 7b74 7b7 ,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 law1 including whether to provide a program or activity or accommodation to a person1 shall be liable for a claim of discrimination under the corresponding covered civil rights law in the same manner and to the same extent 7including being liable pursuant to that law's standard of culpability7 as if the covered entity had made such decision without the use of artificial intelligence4 #d4 ,requirement for ,national ,institute of ,standards and ,technology program of technology evaluations of bias and discrimination in artificial intelligence systems 7a7 ,establishment of technology evaluation program ,not later than #a year after the date of the enactment of this ,act1 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 race1 sex1 age1 disability1 and other classes or characteristics protected by covered civil rights laws4 ,in establishing such program1 the ,director shall ensure that such evaluations effectively approximate real-world applications of artificial intelligence systems4 7b7 ,priority evaluation areas ,in carrying out the program required under subsection 7a71 the ,director shall prioritize the conduct of technology evaluations to mitigate bias in-- 7#a7 the applications identified as high risk by previous technology evaluations and strategy documents2 7#b7 speech recognition and synthesis2 7#c7 recommendation systems1 including for financial and criminal justice applications2 7#d7 sensitive image recognition technology1 including facial and gait recognition systems2 and 7#e7 any other artificial intelligence use case that poses a high risk for discrimination based on classes or characteristics protected by covered civil rights laws1 such as image and video synthesis1 text generation1 and conversation and information systems4 7c7 ,participation ,in designing technology evaluations under subsection 7a71 the ,director shall ensure the participation of any industry and nongovernmental experts and entities in the fields of artificial intelligence1 machine learning1 computer science1 social sciences1 civil rights1 and civil liberties seeking to participate in such evaluations4 7d7 ,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 #bjbc through #bjbh4 7e7 ,sunset ,the program required under subsection 7a7 shall terminate on ,december #ca1 #bjbh4