Stopping Unlawful Negative Machine Impacts through National Evaluation Act

To clarify the applicability of civil rights law to algorithmic decisions, and for other purposes. 1. Short title This Act may be cited as the Stopping Unlawful Negative Machine Impacts through National Evaluation Act 2. Definitions In this Act: (1) Artificial intelligence The term artificial intelligence 10 U.S.C. 2358 (2) Artificial intelligence system The term artificial intelligence system (A) that is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; and (B) for which the artificial intelligence capability is integrated into another system or business process, operational activity, or technology system. (3) Covered civil rights law The term covered civil rights law (A) the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. 29 U.S.C. 621 et seq. 42 U.S.C. 12101 et seq. 29 U.S.C. 791 et seq. 29 U.S.C. 206(d) 42 U.S.C. 2000ff et seq. chapter 43 20 U.S.C. 1681 et seq. 42 U.S.C. 6101 et seq. (B) the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. 52 U.S.C. 10301 et seq. (4) Covered entity The term covered entity (5) Director The term Director 3. Applicability of civil rights laws to decisions made by or augmented by algorithms (a) Purpose The purpose of this section to remove any doubt about the liability described in subsection (b) of a covered entity described in subsection (b). (b) 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 law, including whether to provide a program or activity or accommodation to a person, shall be liable for a claim of discrimination under the corresponding covered civil rights law in the same manner and to the same extent (including being liable pursuant to that law’s standard of culpability) as if the covered entity had made such decision without the use of artificial intelligence. 4. Requirement for National Institute of Standards and Technology program of technology evaluations of bias and discrimination in artificial intelligence systems (a) Establishment of technology evaluation program Not later than 1 year after the date of the enactment of this Act, 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 race, sex, age, disability, and other classes or characteristics protected by covered civil rights laws. In establishing such program, the Director shall ensure that such evaluations effectively approximate real-world applications of artificial intelligence systems. (b) Priority evaluation areas In carrying out the program required under subsection (a), the Director shall prioritize the conduct of technology evaluations to mitigate bias in— (1) the applications identified as high risk by previous technology evaluations and strategy documents; (2) speech recognition and synthesis; (3) recommendation systems, including for financial and criminal justice applications; (4) sensitive image recognition technology, including facial and gait recognition systems; and (5) any other artificial intelligence use case that poses a high risk for discrimination based on classes or characteristics protected by covered civil rights laws, such as image and video synthesis, text generation, and conversation and information systems. (c) Participation In designing technology evaluations under subsection (a), the Director shall ensure the participation of any industry and nongovernmental experts and entities in the fields of artificial intelligence, machine learning, computer science, social sciences, civil rights, and civil liberties seeking to participate in such evaluations. (d) 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 2023 through 2028. (e) Sunset The program required under subsection (a) shall terminate on December 31, 2028.

Summary: Stopping Unlawful Negative Machine Impacts through National Evaluation Act This bill makes an entity that uses artificial intelligence (AI) to make or inform decisions liable for violations of civil rights laws caused by those decisions in the same manner and to the same extent as if the entity made the decision without using AI. Additionally, the bill establishes a temporary program within the National Institute of Technology and Standards to evaluate AI systems for bias and discrimination on the basis of race, sex, age, and other protected characteristics and assist in mitigating those effects. The program terminates on December 31, 2028.