I 
117TH CONGRESS 
2D SESSION 
H. R. 7449 
To establish prohibitions on the use of automated systems in a discriminatory 
manner, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 7, 2022 
Mr. BROWN of Maryland (for himself and Ms. SCHAKOWSKY) introduced the 
following bill; which was referred to the Committee on Oversight and Re-
form, and in addition to the Committees on Education and Labor, Armed 
Services, Science, Space, and Technology, Intelligence (Permanent Se-
lect), and the Judiciary, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To establish prohibitions on the use of automated systems 
in a discriminatory manner, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Digital Civil and 
Human Rights Act of 2022’’. 
VerDate Sep 11 2014 
22:51 Jun 13, 2022
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7449.IH
H7449
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 2. PROHIBITION OF DISCRIMINATORY USE OF AUTO-
MATED SYSTEMS. 
(a) IN GENERAL.—No Federal agency, court of the 
United States, State government, local government, or 
tribal government may use any automated decision system 
that has a disparate impact on the basis of race, national 
origin, color, religion, disability, or sex. 
(b) PUBLICLY AVAILABLE REPOSITORY.—The head 
of each Federal agency shall maintain a site on the public 
website of the Federal agency that contains a bias 
datasheet for each automated decision system used by 
such Federal agency with the potential for a disparate im-
pact on the bases established under subsection (a). 
(c) DEFINITION.—In this section the term ‘‘bias 
datasheet’’ means a datasheet conforming to the standard 
published pursuant to section 22B of the National Insti-
tute of Standards and Technology Act. 
(d) PROHIBITION AGAINST DISCRIMINATION OR SEG-
REGATION IN PLACES OF PUBLIC ACCOMMODATION.— 
Section 201 of the Civil Rights Act of 1964 (42 U.S.C. 
2000a) is amended by adding at the end the following: 
‘‘(f) It shall be an unlawful practice for a place of 
public accommodation to use in its operations affecting 
commerce any automated decision system (as such term 
is defined in section 701) that has a disparate impact on 
the basis of race, color, religion, sex, or national origin.’’. 
VerDate Sep 11 2014 
22:51 Jun 13, 2022
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7449.IH
H7449
pamtmann on DSKBC07HB2PROD with BILLS
(e) UNLAWFUL EMPLOYMENT PRACTICES.—Section 
703 of the Civil Rights Act of 1964 (42 U.S.C. 2000e– 
2) is amended by adding at the end the following: 
‘‘(o) It shall be an unlawful employment practice for 
a respondent, in connection with the selection or referral 
of applicants or candidates for employment or promotion, 
to use any automated decision system that has a disparate 
impact on the basis of race, color, religion, sex, or national 
origin.’’. 
(f) DEFINITIONS IN CIVIL RIGHTS ACT OF 1964.— 
Section 701 of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–2) is amended by adding at the end the following: 
‘‘(o) The term ‘automated decision system’ means 
any system, software, or process (including one derived 
from machine learning, statistics, or other data processing 
or artificial intelligence techniques and excluding passive 
computing infrastructure) that uses computation, the re-
sult of which serves as a basis for a decision or judgment. 
‘‘(p) The term ‘court of the United States’ has the 
meaning given such term in section 451 of title 28, United 
States Code.’’. 
(g) RULEMAKING.—Not later than 1 year after the 
date of enactment of this Act, the head of each Federal 
agency, in coordination with the Director of the Office of 
VerDate Sep 11 2014 
22:51 Jun 13, 2022
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7449.IH
H7449
pamtmann on DSKBC07HB2PROD with BILLS
Management and Budget, shall make rules to carry out 
this section and the amendments made by this section. 
SEC. 3. PROHIBITION OF BIAS IN USE OF AUTOMATED SYS-
TEMS BY THE DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 3 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 130l. Prohibition of use of automated systems with 
bias 
‘‘(a) IN GENERAL.—None of the funds authorized to 
be appropriated or otherwise made available for any fiscal 
year for the Department of Defense may be used for the 
use of any automated decision system with any adverse 
distinction based on race, religion, sex, health, age, or any 
other similar criteria. 
‘‘(b) PUBLICLY AVAILABLE REPOSITORY.—Not later 
than one year after the effective date of this section, the 
Secretary of Defense shall maintain a site on the public 
website of the Department of Defense that contains a bias 
datasheet for each automated decision system used by the 
Department of Defense with the potential for an adverse 
distinction on the bases established under subsection (a). 
‘‘(c) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
22:51 Jun 13, 2022
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7449.IH
H7449
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) The term ‘automated decision system’ has 
the meaning given such term in section 701 of the 
Civil Rights Act of 1964. 
‘‘(2) The term ‘adverse distinction’ has the 
meaning given such term through the application of 
the Geneva Conventions and customary international 
law. 
‘‘(3) The term ‘bias datasheet’ means a 
datasheet conforming to the standard published pur-
suant to section 22B of the National Institute of 
Standards and Technology Act and includes an ad-
dendum related to international law.’’. 
(b) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Defense, in coordination with the Secretary of 
State, shall submit to the appropriate congressional 
committees a report on the implementation of the 
amendments made by this section. 
(2) ELEMENTS.—The report required by sub-
section (b) shall include the following: 
(A) An accounting of regulations pre-
scribed, revised, or withdrawn in the implemen-
tation of the prohibition created under sub-
section (a). 
VerDate Sep 11 2014 
22:51 Jun 13, 2022
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7449.IH
H7449
pamtmann on DSKBC07HB2PROD with BILLS
(B) An identification and assessment of 
any automated decision systems used by the 
Department of Defense prior to the enactment 
of this Act which had an adverse distinction 
based on race, religion, sex, health, age, or any 
other similar criteria. 
(C) Recommendations for actions to affirm 
the same prohibition for all parties to the Gene-
va Conventions. 
(3) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may 
contain a classified annex. The unclassified portion 
of the report shall be posted on a publicly available 
website of the Department of Defense. 
(c) DEFINITION.—In this section the term ‘‘appro-
priate congressional committees’’ means— 
(1) the congressional defense committees; 
(2) the Committee on Foreign Relations and 
the Select Committee on Intelligence of the Senate; 
and 
(3) the Committee on Foreign Affairs and the 
Permanent Select Committee on Intelligence of the 
House of Representatives. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
VerDate Sep 11 2014 
22:51 Jun 13, 2022
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7449.IH
H7449
pamtmann on DSKBC07HB2PROD with BILLS
after the item relating to section 130k the following new 
item: 
‘‘130l. Prohibition of use of automated systems with bias.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is one year 
after the date of the enactment of this Act. 
SEC. 4. REPORT ON INTELLIGENCE COMMUNITY USE OF 
AUTOMATED DECISION SYSTEMS WITH BIAS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence shall submit to the appropriate congressional 
committees a report on the use within the intelligence 
community of automated decision systems with an adverse 
distinction based on race, religion, sex, health, age, or any 
other similar criteria. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include the following: 
(1) An accounting of the automated decision 
systems used by the intelligence community, exclud-
ing cyberspace operations, with the potential for an 
adverse distinction based on race, religion, sex, 
health, age, or any other similar criteria. 
(2) An assessment of any adverse distinctions 
based on race, religion, sex, health, age, or any other 
similar criteria. 
VerDate Sep 11 2014 
22:51 Jun 13, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7449.IH
H7449
pamtmann on DSKBC07HB2PROD with BILLS