(3) An assessment of the impact of a prohibi-
tion within the intelligence community on automated 
decision systems with an adverse distinction based 
on race, religion, sex, health, age, or any other simi-
lar criteria. 
(4) An assessment of the programs and funding 
required to replace within the intelligence commu-
nity any automated decision systems with an adverse 
distinction based on race, religion, sex, health, age, 
or any other similar criteria. 
(c) FORM.—The report under subsection (a) may be 
submitted in classified form, but if so submitted shall in-
clude an unclassified executive summary. The unclassified 
portion of the report shall be posted on a publicly available 
website of the Office of the Director of National Intel-
ligence. 
(d) DEFINITION.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Foreign Relations 
and the Select Committee on Intelligence of the 
Senate; and 
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(C) the Committee on Foreign Affairs and 
the Permanent Select Committee on Intelligence 
of the House of Representatives. 
(2) The term ‘‘intelligence community’’ has the 
meaning given such term in section 3003(4) of title 
50, United States Code. 
(3) The term ‘‘automated decision system’’ has 
the meaning given such term in section 701 of the 
Civil Rights Act of 1964. 
(4) The term ‘‘adverse distinction’’ has the 
meaning given such term through the application of 
the Geneva Conventions and customary international 
law. 
SEC. 5. ESTABLISHMENT OF DATASHEET STANDARDS ON 
AUTOMATED DECISION SYSTEM BIAS. 
(a) IN GENERAL.—The National Institute of Stand-
ards and Technology Act (15 U.S.C. 271 et seq.) is 
amended by inserting after section 22A the following new 
section: 
‘‘SEC. 
22B. 
AUTOMATED 
DECISION 
SYSTEM 
BIAS 
DATASHEETS. 
‘‘(a) IN GENERAL.—The Director of the Institute, in 
consultation with such researchers, private sector industry 
experts, legal experts, and civil rights experts as the Direc-
tor considers appropriate, shall develop, publish, and 
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maintain standards for reporting bias in an automated de-
cision system. 
‘‘(b) ELEMENTS.—The standards described in sub-
section (a) shall require the following: 
‘‘(1) An assessment of bias on the basis of race, 
national origin, color, religion, disability, sex, sexual 
orientation, or gender identity. 
‘‘(2) The source, size, and characteristics of any 
dataset used as the basis for the automated decision 
system. 
‘‘(3) The content is accessible and machine 
readable in accordance with the 21st Century Inte-
grated Digital Experience Act (44 U.S.C. 3501 
note). 
‘‘(4) Any other requirements as determined by 
the Director. 
‘‘(c) DEFINITIONS.—In this section the term ‘auto-
mated decision system’ has the meaning given such term 
in section 701 of the Civil Rights Act of 1964.’’. 
(b) DEADLINE
FOR IMPLEMENTATION.—Not later 
than 18 months after the date of the enactment of this 
Act, the Director shall initially publish the standards re-
quired under subsection (a). 
Æ 
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