I 
117TH CONGRESS 
2D SESSION 
H. R. 6580 
To direct the Federal Trade Commission to require impact assessments of 
automated decision systems and augmented critical decision processes, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2022 
Ms. CLARKE of New York (for herself, Mrs. WATSON COLEMAN, Ms. NORTON, 
Mr. ESPAILLAT, Mr. GRIJALVA, Mr. MCGOVERN, Ms. WILSON of Florida, 
Ms. MOORE of Wisconsin, Ms. PLASKETT, Ms. PRESSLEY, Mr. PAYNE, 
Mr. BUTTERFIELD, Mr. VEASEY, Ms. BASS, Ms. ADAMS, Ms. KELLY of 
Illinois, Mr. COHEN, Ms. OMAR, Mr. KHANNA, Mr. TRONE, Mr. LARSEN 
of Washington, Mr. MCNERNEY, Mrs. TRAHAN, Mr. BOWMAN, Mr. 
JONES, Ms. JACKSON LEE, Mrs. LAWRENCE, Mr. CASTEN, Mr. CARSON, 
Mr. EVANS, Mr. CLEAVER, and Mr. HUFFMAN) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To direct the Federal Trade Commission to require impact 
assessments of automated decision systems and aug-
mented critical decision processes, and for other pur-
poses. 
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 ‘‘Algorithmic Account-
ability Act of 2022’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) AUGMENTED
CRITICAL
DECISION
PROC-
ESS.—The term ‘‘augmented critical decision proc-
ess’’ means a process, procedure, or other activity 
that employs an automated decision system to make 
a critical decision. 
(2) AUTOMATED DECISION SYSTEM.—The term 
‘‘automated decision system’’ means any system, 
software, or process (including one derived from ma-
chine learning, statistics, or other data processing or 
artificial intelligence techniques and excluding pas-
sive computing infrastructure) that uses computa-
tion, the result of which serves as a basis for a deci-
sion or judgment. 
(3) 
BIOMETRICS.—The 
term 
‘‘biometrics’’ 
means any information that represents a biological, 
physiological, or behavioral attribute or feature of a 
consumer. 
(4) CHAIR.—The term ‘‘Chair’’ means the 
Chair of the Commission. 
(5) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(6) CONSUMER.—The term ‘‘consumer’’ means 
an individual. 
(7) COVERED ENTITY.— 
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(A) IN GENERAL.—The term ‘‘covered en-
tity’’ means any person, partnership, or cor-
poration over which the Commission has juris-
diction under section 5(a)(2) of the Federal 
Trade Commission Act (15 U.S.C. 45(a)(2))— 
(i) that deploys any augmented crit-
ical decision process; and 
(I) had greater than $50,000,000 
in average annual gross receipts or is 
deemed 
to 
have 
greater 
than 
$250,000,000 in equity value for the 
3-taxable-year period (or for the pe-
riod during which the person, partner-
ship, or corporation has been in exist-
ence, if such period is less than 3 
years) preceding the most recent fiscal 
year, as determined in accordance 
with paragraphs (2) and (3) of section 
448(c) of the Internal Revenue Code 
of 1986; 
(II) possesses, manages, modi-
fies, handles, analyzes, controls, or 
otherwise uses identifying information 
about more than 1,000,000 con-
sumers, households, or consumer de-
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vices for the purpose of developing or 
deploying any automated decision sys-
tem or augmented critical decision 
process; or 
(III) is substantially owned, oper-
ated, or controlled by a person, part-
nership, or corporation that meets the 
requirements under subclause (I) or 
(II); 
(ii) that— 
(I) had greater than $5,000,000 
in average annual gross receipts or is 
deemed 
to 
have 
greater 
than 
$25,000,000 in equity value for the 3- 
taxable-year period (or for the period 
during which the person, partnership, 
or corporation has been in existence, 
if such period is less than 3 years) 
preceding the most recent fiscal year, 
as determined in accordance with 
paragraphs (2) and (3) of section 
448(c) of the Internal Revenue Code 
of 1986; and 
(II) deploys any automated deci-
sion system that is developed for im-
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plementation or use, or that the per-
son, partnership, or corporation rea-
sonably expects to be implemented or 
used, in an augmented critical deci-
sion process by any person, partner-
ship, or corporation if such person, 
partnership, or corporation meets the 
requirements described in clause (i); 
or 
(iii) that met the criteria described in 
clause (i) or (ii) within the previous 3 
years. 
(B) INFLATION
ADJUSTMENT.—For pur-
poses of applying this paragraph in any fiscal 
year after the first fiscal year that begins on or 
after the date of enactment of this Act, each of 
the dollar amounts specified in subparagraph 
(A) shall be increased by the percentage in-
crease (if any) in the consumer price index for 
all urban consumers (U.S. city average) from 
such first fiscal year that begins after such date 
of enactment to the fiscal year involved. 
(8) CRITICAL
DECISION.—The term ‘‘critical 
decision’’ means a decision or judgment that has any 
legal, material, or similarly significant effect on a 
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consumer’s life relating to access to or the cost, 
terms, or availability of— 
(A) education and vocational training, in-
cluding assessment, accreditation, or certifi-
cation; 
(B) employment, workers management, or 
self-employment; 
(C) essential utilities, such as electricity, 
heat, water, internet or telecommunications ac-
cess, or transportation; 
(D) family planning, including adoption 
services or reproductive services; 
(E) financial services, including any finan-
cial service provided by a mortgage company, 
mortgage broker, or creditor; 
(F) 
healthcare, 
including 
mental 
healthcare, dental, or vision; 
(G) housing or lodging, including any rent-
al or short-term housing or lodging; 
(H) legal services, including private arbi-
tration or mediation; or 
(I) any other service, program, or oppor-
tunity decisions about which have a comparably 
legal, material, or similarly significant effect on 
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a consumer’s life as determined by the Commis-
sion through rulemaking. 
(9) DEPLOY.—The term ‘‘deploy’’ means to im-
plement, use, or make available for sale, license, or 
other commercial relationship. 
(10) DEVELOP.—The term ‘‘develop’’ means to 
design, code, produce, customize, or otherwise create 
or modify. 
(11) IDENTIFYING
INFORMATION.—The term 
‘‘identifying information’’ means any information, 
regardless of how the information is collected, in-
ferred, predicted, or obtained that identifies or rep-
resents a consumer, household, or consumer device 
through data elements or attributes, such as name, 
postal address, telephone number, biometrics, email 
address, internet protocol address, social security 
number, or any other identifying number, identifier, 
or code. 
(12) IMPACT ASSESSMENT.—The term ‘‘impact 
assessment’’ means the ongoing study and evalua-
tion of an automated decision system or augmented 
critical decision process and its impact on con-
sumers. 
(13) PASSIVE COMPUTING INFRASTRUCTURE.— 
The term ‘‘passive computing infrastructure’’ means 
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any intermediary technology that does not influence 
or determine the outcome of a decision, including— 
(A) web hosting; 
(B) domain registration; 
(C) networking; 
(D) caching; 
(E) data storage; or 
(F) cybersecurity. 
(14) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, and any ter-
ritory or possession of the United States. 
(15) SUMMARY REPORT.—The term ‘‘summary 
report’’ means documentation of a subset of infor-
mation required to be addressed by the impact as-
sessment as described in this Act or determined ap-
propriate by the Commission. 
(16) THIRD-PARTY DECISION RECIPIENT.—The 
term ‘‘third-party decision recipient’’ means any per-
son, partnership, or corporation (beyond the con-
sumer and the covered entity) that receives a copy 
of or has access to the results of any decision or 
judgment that results from a covered entity’s deploy-
ment of an automated decision system or augmented 
critical decision process. 
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SEC. 3. ASSESSING THE IMPACT OF AUTOMATED DECISION 
SYSTEMS AND AUGMENTED CRITICAL DECI-
SION PROCESSES. 
(a) ACTS PROHIBITED.— 
(1) IN GENERAL.—It is unlawful for— 
(A) any covered entity to violate a regula-
tion promulgated under subsection (b); or 
(B) any person to knowingly provide sub-
stantial assistance to any covered entity in vio-
lating subsection (b). 
(2) PREEMPTION OF PRIVATE CONTRACTS.—It 
shall be unlawful for any covered entity to commit 
the acts prohibited in paragraph (1), regardless of 
specific agreements between entities or consumers. 
(b) REGULATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), 
not later than 2 years after the date of enactment 
of this Act, the Commission shall, in consultation 
with the Director of the National Institute of Stand-
ards and Technology, the Director of the National 
Artificial Intelligence Initiative, the Director of the 
Office of Science and Technology Policy, and other 
relevant stakeholders, including standards bodies, 
private industry, academia, technology experts, and 
advocates for civil rights, consumers, and impacted 
communities, promulgate regulations, in accordance 
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performed with respect to such system or proc-
ess; 
(G) require each covered entity, in per-
forming the impact assessment described in 
subparagraph (A), to the extent possible, to 
meaningfully 
consult 
(including 
through 
participatory design, independent auditing, or 
soliciting or incorporating feedback) with rel-
evant internal stakeholders (such as employees, 
ethics teams, and responsible technology teams) 
and independent external stakeholders (such as 
representatives of and advocates for impacted 
groups, civil society and advocates, and tech-
nology experts) as frequently as necessary; 
(H) require each covered entity to attempt 
to eliminate or mitigate, in a timely manner, 
any impact made by an augmented critical deci-
sion process that demonstrates a likely material 
negative impact that has legal or similarly sig-
nificant effects on a consumer’s life; 
(I) establish definitions for— 
(i) what constitutes ‘‘access to or the 
cost, terms, or availability of’’ with respect 
to a critical decision; 
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(ii) what constitutes ‘‘possession’’, 
‘‘management’’, ‘‘modification’’, and ‘‘con-
trol’’ with respect to identifying informa-
tion; 
(iii) the different categories of third- 
party decision recipients that a covered en-
tity must document under section 5(1)(H); 
and 
(iv) any of the services, programs, or 
opportunities described in subparagraphs 
(A) through (I) of section 2(8) for the pur-
pose of informing consumers, covered enti-
ties, and regulators, as the Commission 
deems necessary; 
(J) establish guidelines for any person, 
partnership, or corporation to calculate the 
number of consumers, households, or consumer 
devices for which the person, partnership, or 
corporation possesses, manages, modifies, or 
controls identifying information for the purpose 
of determining covered entity status; 
(K) establish guidelines for a covered enti-
ty to prioritize different automated decision sys-
tems and augmented critical decision processes 
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deployed by the covered entity for performing 
impact assessment; and 
(L) establish a required format for any 
summary report, as described in subparagraphs 
(D), (E), and (F), to ensure that such reports 
are submitted in an accessible and machine- 
readable format. 
(2) CONSIDERATIONS.—In promulgating the 
regulations under paragraph (1), the Commission— 
(A) shall take into consideration— 
(i) that certain assessment or docu-
mentation of an automated decision system 
or augmented critical decision process may 
only be possible at particular stages of the 
development and deployment of such sys-
tem or process or may be limited or not 
possible based on the availability of certain 
types of information or data or the nature 
of the relationship between the covered en-
tity and consumers; 
(ii) the duration of time between sum-
mary report submissions and the timeliness 
of the reported information; 
(iii) the administrative burden placed 
on the Commission and the covered entity; 
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(iv) the benefits of standardizing and 
structuring summary reports for compara-
tive analysis compared with the benefits of 
less-structured narrative reports to provide 
detail and flexibility in reporting; 
(v) that summary reports submitted 
by different covered entities may contain 
different fields according to the require-
ments established by the Commission, and 
the Commission may allow or require sub-
mission of incomplete reports; 
(vi) that existing data privacy and 
other regulations may inhibit a covered en-
tity from storing or sharing certain infor-
mation; and 
(vii) that a covered entity may require 
information from other persons, partner-
ships, or corporations that develop any 
automated decision system deployed in an 
automated decision system or augmented 
critical decision process by the covered en-
tity for the purpose of performing impact 
assessment; and 
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(B) may develop specific requirements for 
impact assessments and summary reports for 
particular— 
(i) categories of critical decisions, as 
described in subparagraphs (A) through (I) 
of section 2(8) or any subcategory devel-
oped by the Commission; and 
(ii) stages of development and deploy-
ment of an automated decision system or 
augmented critical decision process. 
(3) EFFECTIVE
DATE.—The regulations de-
scribed in paragraph (1) shall take effect on the 
date that is 2 years after such regulations are pro-
mulgated. 
SEC. 4. REQUIREMENTS FOR COVERED ENTITY IMPACT AS-
SESSMENT. 
(a) REQUIREMENTS FOR IMPACT ASSESSMENT.—In 
performing any impact assessment required under section 
3(b)(1) for an automated decision system or augmented 
critical decision process, a covered entity shall do the fol-
lowing, to the extent possible, as applicable to such cov-
ered entity as determined by the Commission: 
(1) In the case of a new augmented critical de-
cision process, evaluate any previously existing crit-
ical decision-making process used for the same crit-
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ical decision prior to the deployment of the new aug-
mented critical decision process, along with any re-
lated documentation or information, such as— 
(A) a description of the baseline process 
being enhanced or replaced by the augmented 
critical decision process; 
(B) any known harm, shortcoming, failure 
case, or material negative impact on consumers 
of the previously existing process used to make 
the critical decision; 
(C) the intended benefits of and need for 
the augmented critical decision process; and 
(D) the intended purpose of the automated 
decision system or augmented critical decision 
process. 
(2) Identify and describe any consultation with 
relevant 
stakeholders 
as 
required 
by 
section 
3(b)(1)(G), including by documenting— 
(A) the points of contact for the stake-
holders who were consulted; 
(B) the date of any such consultation; and 
(C) information about the terms and proc-
ess of the consultation, such as— 
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(i) the existence and nature of any 
legal or financial agreement between the 
stakeholders and the covered entity; 
(ii) any data, system, design, scenario, 
or other document or material the stake-
holder interacted with; and 
(iii) any recommendations made by 
the stakeholders that were used to modify 
the development or deployment of the auto-
mated decision system or augmented crit-
ical decision process, as well as any rec-
ommendations not used and the rationale 
for such nonuse. 
(3) In accordance with any relevant National 
Institute of Standards and Technology or other Fed-
eral Government best practices and standards, per-
form ongoing testing and evaluation of the privacy 
risks and privacy-enhancing measures of the auto-
mated decision system or augmented critical decision 
process, such as— 
(A) assessing and documenting the data 
minimization practices of such system or proc-
ess and the duration for which the relevant 
identifying information and any resulting crit-
ical decision is stored; 
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(B) assessing the information security 
measures in place with respect to such system 
or process, including any use of privacy-enhanc-
ing technology such as federated learning, dif-
ferential privacy, secure multi-party computa-
tion, de-identification, or secure data enclaves 
based on the level of risk; and 
(C) assessing and documenting the current 
and potential future or downstream positive and 
negative impacts of such system or process on 
the privacy, safety, or security of consumers 
and their identifying information. 
(4) Perform ongoing testing and evaluation of 
the current and historical performance of the auto-
mated decision system or augmented critical decision 
process using measures such as benchmarking 
datasets, representative examples from the covered 
entity’s historical data, and other standards, includ-
ing by documenting— 
(A) a description of what is deemed suc-
cessful performance and the methods and tech-
nical and business metrics used by the covered 
entity to assess performance; 
(B) a review of the performance of such 
system or process under test conditions or an 
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explanation of why such performance testing 
was not conducted; 
(C) a review of the performance of such 
system or process under deployed conditions or 
an explanation of why performance was not re-
viewed under deployed conditions; 
(D) a comparison of the performance of 
such system or process under deployed condi-
tions to test conditions or an explanation of 
why such a comparison was not possible; 
(E) an evaluation of any differential per-
formance associated with consumers’ race, 
color, sex, gender, age, disability, religion, fam-
ily status, socioeconomic status, or veteran sta-
tus, and any other characteristics the Commis-
sion deems appropriate (including any combina-
tion of such characteristics) for which the cov-
ered entity has information, including a descrip-
tion of the methodology for such evaluation and 
information about and documentation of the 
methods used to identify such characteristics in 
the data (such as through the use of proxy 
data, including zip codes); and 
(F) if any subpopulations were used for 
testing and evaluation, a description of which 
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subpopulations were used and how and why 
such subpopulations were determined to be of 
relevance for the testing and evaluation. 
(5) Support and perform ongoing training and 
education for all relevant employees, contractors, or 
other agents regarding any documented material 
negative impacts on consumers from similar auto-
mated decision systems or augmented critical deci-
sion processes and any improved methods of devel-
oping or performing an impact assessment for such 
system or process based on industry best practices 
and relevant proposals and publications from ex-
perts, such as advocates, journalists, and academics. 
(6) Assess the need for and possible develop-
ment of any guard rail for or limitation on certain 
uses or applications of the automated decision sys-
tem or augmented critical decision process, including 
whether such uses or applications ought to be pro-
hibited or otherwise limited through any terms of 
use, licensing agreement, or other legal agreement 
between entities. 
(7) Maintain and keep updated documentation 
of any data or other input information used to de-
velop, test, maintain, or update the automated deci-
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sion system or augmented critical decision process, 
including— 
(A) how and when such data or other 
input information was sourced and, if applica-
ble, licensed, including information such as— 
(i) metadata and information about 
the structure and type of data or other 
input information, such as the file type, 
the date of the file creation or modifica-
tion, and a description of data fields; 
(ii) an explanation of the methodology 
by which the covered entity collected, in-
ferred, or obtained the data or other input 
information and, if applicable, labeled, cat-
egorized, sorted, or clustered such data or 
other input information, including whether 
such data or other input information was 
labeled, categorized, sorted, or clustered 
prior to being collected, inferred, or ob-
tained by the covered entity; and 
(iii) whether and how consumers pro-
vided informed consent for the inclusion 
and further use of data or other input in-
formation about themselves and any limita-
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tions stipulated on such inclusion or fur-
ther use; 
(B) why such data or other input informa-
tion was used and what alternatives were ex-
plored; and 
(C) other information about the data or 
other input information, such as— 
(i) the representativeness of the 
dataset and how this factor was measured, 
including any assumption about the dis-
tribution of the population on which the 
augmented critical decision process is de-
ployed; and 
(ii) the quality of the data, how the 
quality was evaluated, and any measure 
taken to normalize, correct, or clean the 
data. 
(8) Evaluate the rights of consumers, such as— 
(A) by assessing the extent to which the 
covered entity provides consumers with— 
(i) clear notice that such system or 
process will be used; and 
(ii) a mechanism for opting out of 
such use; 
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(B) by assessing the transparency and 
explainability of such system or process and the 
degree to which a consumer may contest, cor-
rect, or appeal a decision or opt out of such 
system or process, including— 
(i) the information available to con-
sumers or representatives or agents of con-
sumers about the system or process, such 
as any relevant factors that contribute to 
a particular decision, including an expla-
nation of which contributing factors, if 
changed, would cause the system or proc-
ess to reach a different decision, and how 
such consumer, representative, or agent 
can access such information; 
(ii) documentation of any complaint, 
dispute, correction, appeal, or opt-out re-
quest submitted to the covered entity by a 
consumer with respect to such system or 
process; and 
(iii) the process and outcome of any 
remediation measure taken by the covered 
entity to address the concerns of or harms 
to consumers; and 
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(C) by describing the extent to which any 
third-party decision recipient receives a copy of 
or has access to the results of such system or 
process and the category of such third-party de-
cision recipient, as defined by the Commission 
in section 3(b)(1)(I)(iii). 
(9) Identify any likely material negative impact 
of the automated decision system or augmented crit-
ical decision process on consumers and assess any 
applicable mitigation strategy, such as by— 
(A) identifying and measuring any likely 
material negative impact of the system or proc-
ess on consumers, including documentation of 
the steps taken to identify and measure such 
impact; 
(B) documenting any steps taken to elimi-
nate or reasonably mitigate any likely material 
negative impact identified, including steps such 
as removing the system or process from the 
market or terminating its development; 
(C) with respect to the likely material neg-
ative impacts identified, documenting which 
such impacts were left unmitigated and the ra-
tionale for the inaction, including details about 
the justifying non-discriminatory, compelling in-
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terest and why such interest cannot be satisfied 
by other means (such as where there is an 
equal, zero-sum trade-off between impacts on 2 
or more consumers or where the required miti-
gating action would violate civil rights or other 
laws); and 
(D) documenting standard protocols or 
practices used to identify, measure, mitigate, or 
eliminate any likely material negative impact on 
consumers and how relevant teams or staff are 
informed of and trained about such protocols or 
practices. 
(10) Describe any ongoing documentation of 
the development and deployment process with re-
spect to the automated decision system or aug-
mented critical decision process, including informa-
tion such as— 
(A) the date of any testing, deployment, li-
censure, or other significant milestones; and 
(B) points of contact for any team, busi-
ness unit, or similar internal stakeholder that 
was involved. 
(11) Identify any capabilities, tools, standards, 
datasets, security protocols, improvements to stake-
holder engagement, or other resources that may be 
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necessary or beneficial to improving the automated 
decision system, augmented critical decision process, 
or the impact assessment of such system or process, 
in areas such as— 
(A) 
performance, 
including 
accuracy, 
robustness, and reliability; 
(B) fairness, including bias and non-
discrimination; 
(C) 
transparency, 
explainability, 
contestability, and opportunity for recourse; 
(D) privacy and security; 
(E) personal and public safety; 
(F) efficiency and timeliness; 
(G) cost; or 
(H) any other area determined appropriate 
by the Commission. 
(12) Document any of the impact assessment 
requirements described in paragraphs (1) through 
(11) that were attempted but were not possible to 
comply with because they were infeasible, as well as 
the corresponding rationale for not being able to 
comply with such requirements, which may in-
clude— 
(A) the absence of certain information 
about an automated decision system developed 
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by other persons, partnerships, and corpora-
tions; 
(B) the absence of certain information 
about how clients, customers, licensees, part-
ners, and other persons, partnerships, or cor-
porations are deploying an automated decision 
system in their augmented critical decision 
processes; 
(C) a lack of demographic or other data 
required to assess differential performance be-
cause such data is too sensitive to collect, infer, 
or store; or 
(D) a lack of certain capabilities, including 
technological innovations, that would be nec-
essary to conduct such requirements. 
(13) Perform and document any other ongoing 
study or evaluation determined appropriate by the 
Commission. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act 
should be construed to limit any covered entity from add-
ing other criteria, procedures, or technologies to improve 
the performance of an impact assessment of their auto-
mated decision system or augmented critical decision proc-
ess. 
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(c) NONDISCLOSURE
OF IMPACT ASSESSMENT.— 
Nothing in this Act should be construed to require a cov-
ered entity to share with or otherwise disclose to the Com-
mission or the public any information contained in an im-
pact assessment performed in accordance with this Act, 
except for any information contained in the summary re-
port required under subparagraph (D) or (E) of section 
3(b)(1). 
SEC. 5. REQUIREMENTS FOR SUMMARY REPORTS TO THE 
COMMISSION. 
The summary report that a covered entity is required 
to submit under subparagraph (D) or (E) of section 
3(b)(1) for any automated decision system or augmented 
critical decision process shall, to the extent possible— 
(1) contain information from the impact assess-
ment of such system or process, as applicable, in-
cluding— 
(A) the name, website, and point of con-
tact for the covered entity; 
(B) a detailed description of the specific 
critical decision that the augmented critical de-
cision process is intended to make, including 
the category of critical decision as described in 
subparagraphs (A) through (I) of section 2(8); 
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(F) any publicly stated guard rail for or 
limitation on certain uses or applications of the 
automated decision system or augmented crit-
ical decision process, including whether such 
uses or applications ought to be prohibited or 
otherwise limited through any terms of use, li-
censing agreement, or other legal agreement be-
tween entities; 
(G) documentation about the data or other 
input information used to develop, test, main-
tain, or update the automated decision system 
or augmented critical decision process includ-
ing— 
(i) how and when the covered entity 
sourced such data or other input informa-
tion; and 
(ii) why such data or other input in-
formation was used and what alternatives 
were explored; 
(H) documentation of whether and how the 
covered entity implements any transparency or 
explainability measures, including— 
(i) which categories of third-party de-
cision recipients receive a copy of or have 
access to the results of any decision or 
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judgment that results from such system or 
process; and 
(ii) any mechanism by which a con-
sumer may contest, correct, or appeal a de-
cision or opt out of such system or process, 
including the corresponding website for 
such mechanism, where applicable; 
(I) any likely material negative impact on 
consumers identified by the covered entity and 
a description of the steps taken to remediate or 
mitigate such impact; 
(J) a list of any impact assessment re-
quirements that were attempted but were not 
possible to comply with because they were infea-
sible, as well as the corresponding rationale for 
not being able to comply with such require-
ments; and 
(K) any additional capabilities, tools, 
standards, datasets, security protocols, improve-
ments to stakeholder engagement, or other re-
sources identified by an impact assessment as 
necessary or beneficial to improve the perform-
ance of impact assessment or the development 
and deployment of any automated decision sys-
tem or augmented critical decision process that 
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the covered entity determines appropriate to 
share with the Commission; 
(2) include, in addition to the information re-
quired under paragraph (1), any relevant additional 
information from section 4(a) the covered entity 
wishes to share with the Commission; 
(3) follow any format or structure requirements 
specified by the Commission; and 
(4) include additional criteria that are essential 
for the purpose of consumer protection, as deter-
mined by the Commission. 
SEC. 6. REPORTING; PUBLICLY ACCESSIBLE REPOSITORY. 
(a) ANNUAL REPORT.—Not later than 1 year after 
the effective date described in section 3(b)(3), and annu-
ally thereafter, the Commission shall publish publicly on 
the website of the Commission a report describing and 
summarizing the information from the summary reports 
submitted under subparagraph (D), (E), or (F) of section 
3(b)(1) that— 
(1) is accessible and machine readable in ac-
cordance with the 21st Century Integrated Digital 
Experience Act (44 U.S.C. 3501 note); and 
(2) describes broad trends, aggregated statis-
tics, and anonymized lessons learned about per-
forming impact assessments of automated decision 
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systems or augmented critical decision processes, for 
the purposes of updating guidance related to impact 
assessments and summary reporting, oversight, and 
making recommendations to other regulatory agen-
cies. 
(b) PUBLICLY ACCESSIBLE REPOSITORY.— 
(1) IN GENERAL.— 
(A) ESTABLISHMENT.— 
(i) DEVELOPMENT.—Not later than 
180 days after the Commission promul-
gates the regulations required under sec-
tion 3(b)(1), the Commission shall develop 
a publicly accessible repository designed to 
publish a limited subset of the information 
about each automated decision system and 
augmented critical decision process for 
which the Commission received a summary 
report under subparagraph (D), (E), or 
(F) of section 3(b)(1) in order to facilitate 
consumer protection. 
(ii) PUBLICATION.—Not later than 
180 days after the effective date described 
in section 3(b)(3), the Commission shall 
make the repository publicly accessible. 
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(iii) 
UPDATES.—The 
Commission 
shall update the repository on a quarterly 
basis. 
(B) PURPOSE.—The purposes of the repos-
itory established under subparagraph (A) are— 
(i) to inform consumers about the use 
of automated decision systems and aug-
mented critical decision processes; 
(ii) to allow researchers and advocates 
to study the use of automated decision sys-
tems and augmented critical decision proc-
esses; and 
(iii) to ensure compliance with the re-
quirements of this Act. 
(C) CONSIDERATIONS.—In establishing the 
repository under subparagraph (A), the Com-
mission shall consider— 
(i) how to provide consumers with 
pertinent information regarding augmented 
critical decision processes while minimizing 
any potential commercial risk to any cov-
ered entity of providing such information; 
(ii) what information, if any, to in-
clude regarding the specific automated de-
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cision systems deployed in the augmented 
critical decision processes; 
(iii) how to document information, 
when applicable, about how to contest or 
seek recourse for a critical decision in a 
manner that is readily accessible by the 
consumer; and 
(iv) how to streamline the submission 
of summary reports under subparagraph 
(D), (E), or (F) of section 3(b)(1) to allow 
the Commission to efficiently populate in-
formation into the repository to minimize 
or eliminate any burden on the Commis-
sion. 
(D) REQUIREMENTS.—The Commission 
shall design the repository established under 
subparagraph (A) to— 
(i) be publicly available and easily dis-
coverable on the website of the Commis-
sion; 
(ii) allow users to sort and search the 
repository by multiple characteristics (such 
as by covered entity, date reported, or cat-
egory of critical decision) simultaneously; 
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(iii) allow users to make a copy of or 
download the information obtained from 
the repository, including any subsets of in-
formation obtained by sorting or searching 
as described in clause (ii), in accordance 
with current guidance from the Office of 
Management and Budget, such as the 
Open, Public, Electronic, and Necessary 
Government Data Act (44 U.S.C. 101 
note); 
(iv) be in accordance with user experi-
ence and accessibility best practices such 
as those described in the 21st Century In-
tegrated Digital Experience Act (44 U.S.C. 
3501 note); 
(v) include a limited subset of infor-
mation from the summary reports, as ap-
plicable, under subparagraph (D), (E), or 
(F) of section 3(b)(1) that includes— 
(I) the identity of the covered en-
tity that submitted such summary re-
port, including any link to the website 
of the covered entity; 
(II) the specific critical decision 
that the augmented critical decision 
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process makes, along with the cat-
egory of the critical decision; 
(III) any publicly stated prohib-
ited applications of the automated de-
cision system or augmented critical 
decision process, including whether 
such prohibition is enforced through 
any terms of use, licensing agreement, 
or other legal agreement between enti-
ties; 
(IV) to the extent possible, the 
sources of any data used to develop, 
test, maintain, or update the auto-
mated decision system or augmented 
critical decision process; 
(V) to the extent possible, the 
type of technical and business metrics 
used to assess the performance of the 
augmented critical decision process 
when deployed; and 
(VI) the link to any web page 
with instructions or other information 
related to a mechanism by which a 
consumer may contest, correct, or ap-
peal a decision or opt out of the auto-
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mated decision system or augmented 
critical decision process; and 
(vi) include information about design, 
use, and maintenance of the repository, in-
cluding— 
(I) how frequently the repository 
is updated; 
(II) the date of the most recent 
such update; 
(III) the types of information 
from the summary reports submitted 
under subparagraph (D), (E), or (F) 
of section 3(b)(1) that are and are not 
included in the repository; and 
(IV) any other information about 
the design, use, and maintenance the 
Commission determines is— 
(aa) relevant to consumers 
and researchers; or 
(bb) essential for consumer 
education and recourse. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission such sums as are necessary to carry out this 
subsection. 
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SEC. 7. GUIDANCE AND TECHNICAL ASSISTANCE; OTHER 
REQUIREMENTS. 
(a) GUIDANCE AND TECHNICAL ASSISTANCE FROM 
THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall pub-
lish guidance on how to meet the requirements of 
sections 4 and 5, including resources such as docu-
mentation templates and guides for meaningful con-
sultation, that is developed by the Commission after 
consultation with the Director of the National Insti-
tute of Standards and Technology, the Director of 
the National Artificial Intelligence Initiative, the Di-
rector of the Office of Science and Technology Pol-
icy, and other relevant stakeholders, including stand-
ards bodies, private industry, academia, technology 
experts, and advocates for civil rights, consumers, 
and impacted communities. 
(2) ASSISTANCE
IN
DETERMINING
COVERED 
ENTITY STATUS.—In addition to the guidance re-
quired under paragraph (1), the Commission shall— 
(A) issue guidance and training materials 
to assist persons, partnerships, and corpora-
tions in evaluating whether they are a covered 
entity; and 
(B) regularly update such guidance and 
training materials in accordance with any feed-
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back or questions from covered entities, experts, 
or other relevant stakeholders. 
(b) OTHER REQUIREMENTS.— 
(1) PUBLICATION.—Nothing in this Act shall 
be construed to limit a covered entity from publi-
cizing any documentation of the impact assessment 
maintained under section 3(b)(1)(B), including in-
formation beyond what is required to be submitted 
in a summary report under subparagraph (D) or (E) 
of section 3(b)(1), unless such publication would vio-
late the privacy of any consumer. 
(2) PERIODIC REVIEW OF REGULATIONS.—The 
Commission shall review the regulations promul-
gated under section 3(b) not less than once every 5 
years and update such regulations as appropriate. 
(3) REVIEW BY NIST AND OSTP.—The Commis-
sion shall make available, in a private and secure 
manner, to the Director of the National Institute of 
Standards and Technology, the Director of the Of-
fice of Science and Technology Policy, and the head 
of any Federal agency with relevant regulatory juris-
diction over an augmented critical decision process 
any summary report submitted under subparagraph 
(D), (E), or (F) of section 3(b)(1) for review in 
order to develop future standards or regulations. 
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SEC. 8. RESOURCES AND AUTHORITIES. 
(a) BUREAU OF TECHNOLOGY.— 
(1) ESTABLISHMENT.— 
(A) IN
GENERAL.—There is established 
within the Commission the Bureau of Tech-
nology (in this subsection referred to as the 
‘‘Bureau’’). 
(B) DUTIES.—The Bureau shall engage in 
activities that include: 
(i) Aiding or advising the Commission 
with respect to the technological aspects of 
the functions of the Commission, includ-
ing— 
(I) preparing, conducting, facili-
tating, managing, or otherwise ena-
bling studies, workshops, audits, com-
munity participation opportunities, or 
other similar activities; and 
(II) any other assistance deemed 
appropriate by the Commission or 
Chair. 
(ii) Aiding or advising the Commis-
sion with respect to the enforcement of this 
Act. 
(iii) Providing technical assistance to 
any enforcement bureau within the Com-
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mission with respect to the investigation 
and trial of cases. 
(2) CHIEF TECHNOLOGIST.—The Bureau shall 
be headed by a Chief Technologist. 
(3) STAFF.— 
(A) APPOINTMENTS.— 
(i) IN GENERAL.—Subject to subpara-
graph (B), the Chair may, without regard 
to the civil service laws (including regula-
tions), appoint personnel with experience 
in fields such as management, technology, 
digital and product design, user experience, 
information security, civil rights, tech-
nology policy, privacy policy, humanities 
and social sciences, product management, 
software engineering, machine learning, 
statistics, or other related fields to enable 
the Bureau to perform its duties. 
(ii) MINIMUM
APPOINTMENTS.—Not 
later than 2 years after the date of enact-
ment of this Act, the Chair shall appoint 
not less than 50 personnel. 
(B) EXCEPTED SERVICE.—The personnel 
appointed in accordance with subparagraph (A) 
may be appointed to positions described in sec-
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tion 213.3102(r) of title 5, Code of Federal 
Regulations. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission such sums as are necessary to carry out this 
subsection. 
(b) ADDITIONAL PERSONNEL IN THE BUREAU OF 
CONSUMER PROTECTION.— 
(1) 
ADDITIONAL
PERSONNEL.—Notwith-
standing any other provision of law, the Chair may, 
without regard to the civil service laws (including 
regulations), appoint 25 additional personnel to the 
Division of Enforcement of the Bureau of Consumer 
Protection. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Com-
mission such sums as are necessary to carry out this 
subsection. 
(c) ESTABLISHMENT OF AGREEMENTS OF COOPERA-
TION.—The Commission shall negotiate agreements of co-
operation, as needed, with any relevant Federal agency 
with respect to information sharing and enforcement ac-
tions taken regarding the development or deployment of 
an automated decision system to make a critical decision 
or of an augmented critical decision process. Such agree-
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ments shall include procedures for determining which 
agency shall file an action and providing notice to the non- 
filing agency, where feasible, prior to initiating a civil ac-
tion to enforce any Federal law within such agencies’ ju-
risdictions regarding the development or deployment of an 
automated decision system to make a critical decision or 
of an augmented critical decision process by a covered en-
tity. 
SEC. 9. ENFORCEMENT. 
(a) ENFORCEMENT BY THE COMMISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of this Act or a regulation pro-
mulgated thereunder shall be treated as a violation 
of a rule defining an unfair or deceptive act or prac-
tice under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN GENERAL.—The Commission shall 
enforce this Act and the regulations promul-
gated under this Act in the same manner, by 
the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act. 
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(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates this Act or a regulation 
promulgated thereunder shall be subject to the 
penalties and entitled to the privileges and im-
munities provided in the Federal Trade Com-
mission Act (15 U.S.C. 41 et seq.). 
(C) AUTHORITY PRESERVED.—Nothing in 
this Act shall be construed to limit the author-
ity of the Commission under any other provi-
sion of law. 
(D) RULEMAKING.—The Commission shall 
promulgate in accordance with section 553 of 
title 5, United States Code, such additional 
rules as may be necessary to carry out this Act. 
(b) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—If the attorney general of a 
State has reason to believe that an interest of the 
residents of the State has been or is being threat-
ened or adversely affected by a practice that violates 
this Act or a regulation promulgated thereunder, the 
attorney general of the State may, as parens patriae, 
bring a civil action on behalf of the residents of the 
State in an appropriate district court of the United 
States to obtain appropriate relief. 
(2) RIGHTS OF COMMISSION.— 
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(A) NOTICE TO COMMISSION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State, before initiating a civil action under 
paragraph (1), shall provide written notifi-
cation to the Commission that the attorney 
general intends to bring such civil action. 
(ii) CONTENTS.—The notification re-
quired under clause (i) shall include a copy 
of the complaint to be filed to initiate the 
civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required under clause 
(i) before initiating a civil action under 
paragraph (1), the attorney general shall 
notify the Commission immediately upon 
instituting the civil action. 
(B) INTERVENTION BY COMMISSION.—The 
Commission may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
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(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal of a 
decision in the civil action. 
(3) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(4) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
(ii) another court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which— 
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(i) the defendant is an inhabitant, 
may be found, or transacts business; or 
(ii) venue is proper under section 
1391 of title 28, United States Code. 
(5) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to a civil 
action brought by an attorney general under 
paragraph (1), any other officer of a State who 
is authorized by the State to do so may bring 
a civil action under paragraph (1), subject to 
the same requirements and limitations that 
apply under this subsection to civil actions 
brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
SEC. 10. COORDINATION. 
In carrying out this Act, the Commission shall coordi-
nate with any appropriate Federal agency or State regu-
lator to promote consistent regulatory treatment of auto-
mated decision systems and augmented critical decision 
processes. 
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SEC. 11. NO PREEMPTION. 
Nothing in this Act may be construed to preempt any 
State, tribal, city, or local law, regulation, or ordinance. 
Æ 
VerDate Sep 11 2014 
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H6580
pamtmann on DSKBC07HB2PROD with BILLS