II 

118TH CONGRESS 

1ST SESSION S. 3478 

To require agencies that use, fund, or oversee algorithms to have an office 

of civil rights focused on bias, discrimination, and other harms of algorithms, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2023 

Mr. MARKEY (for himself, Mr. BOOKER, Ms. KLOBUCHAR, Mr. LUJA ́N, Mr. 

MERKLEY, Ms. WARREN, Mr. WELCH, and Mr. WYDEN) introduced the 

following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To require agencies that use, fund, or oversee algorithms 

to have an office of civil rights focused on bias, discrimination, and other harms of algorithms, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eliminating Bias in 

5 Algorithmic Systems Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 3478 IS

1 (1) AGENCY.—The term ‘‘agency’’ has the 

2 meaning given the term in section 3502 of title 44, 

3 United States Code. 

4 (2) COVERED AGENCY.—The term ‘‘covered 

5 agency’’ means an agency that— 

6 (A) uses, funds, or procures a covered al7 gorithm, or funds or otherwise participates in 

8 the development of a covered algorithm; or 

9 (B) oversees, regulates, or advises on the 

10 development or use of a covered algorithm. 

11 (3) COVERED ALGORITHM.—The term ‘‘covered 

12 algorithm’’ means a process that— 

13 (A) is— 

14 (i) a computational process that uses 

15 machine learning, natural language proc16 essing, artificial intelligence techniques, or 

17 other computational processing techniques 

18 of similar or greater complexity; or 

19 (ii) a computational process derived 

20 from a process described in clause (i); and 

21 (B) has the potential to have a material ef22 fect on the impact of, access to, availability of, 

23 eligibility for, cost of, terms of, or conditions 

24 of— 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 3478 IS

1 (i) a program operated or funded by 

2 an agency; 

3 (ii) an economic opportunity regulated 

4 by an agency; or 

5 (iii) rights protected by an agency. 

6 SEC. 3. CIVIL RIGHTS OFFICES AND REPORTING ON AI 

7 BIAS, DISCRIMINATION, AND OTHER HARMS. 

8 (a) OFFICES OF CIVIL RIGHTS.—The head of each 

9 covered agency shall ensure that the covered agency has 

10 an office of civil rights that employs experts and tech11 nologists focused on bias, discrimination, and other harms 

12 resulting from covered algorithms. 

13 (b) BIAS, DISCRIMINATION, AND OTHER HARMS RE14 PORTS.—Not later than 1 year after the date of enactment 

15 of this Act, and every 2 years thereafter, each office of 

16 civil rights of a covered agency established under sub17 section (a) shall submit to each congressional committee 

18 with jurisdiction over the covered agency a report that de19 tails— 

20 (1) the state of the field and technology of cov21 ered algorithms with respect to jurisdiction of the 

22 covered agency, including risks relating to bias, dis23 crimination, and other harms; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 3478 IS

1 (2) any relevant steps the covered agency has 

2 taken to mitigate harms from covered algorithms 

3 due to bias, discrimination, and other harms; 

4 (3) actions the covered agency has taken to en5 gage with relevant stakeholders, including industry 

6 representatives, businesses, civil rights advocates, 

7 consumer protection organizations, other relevant 

8 civil society organizations, academic experts, individ9 uals with technical expertise, organizations rep10 resenting workers, and affected populations, regard11 ing bias, discrimination, and other harms from cov12 ered algorithms; and 

13 (4) any relevant recommendations for legisla14 tion or administrative action to mitigate bias, dis15 crimination, and other harms from covered algo16 rithms, as determined appropriate by the head of the 

17 office. 

18 (c) INTERAGENCY WORKING GROUP.—Not later than 

19 1 year after the date of enactment of this Act, the Assist20 ant Attorney General in charge of the Civil Rights Divi21 sion of the Department of Justice shall establish an inter22 agency working group on covered algorithms and civil 

23 rights, of which each office of civil rights of a covered 

24 agency established under subsection (a) shall be a mem25 ber. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 3478 IS

1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to each covered agency 

3 such sums as may be necessary to carry out this Act. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB