I 
119TH CONGRESS 
1ST SESSION H. R. 6356 
To establish protections for individual rights with respect to computational 
algorithms, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 2, 2025 
Ms. CLARKE of New York (for herself, Ms. LEE of Pennsylvania, Ms. 
PRESSLEY, Ms. JAYAPAL, Mr. BELL, Mr. CARSON, Ms. CHU, Mr. DAVIS 
of Illinois, Mr. DELUZIO, Mr. JACKSON of Illinois, Ms. KELLY of Illinois, 
Mr. MCGOVERN, Ms. NORTON, Ms. OCASIO-CORTEZ, Mr. POCAN, Mrs. 
RAMIREZ, Mr. THOMPSON of Mississippi, Ms. TLAIB, Mrs. WATSON 
COLEMAN, Ms. WILSON of Florida, Mr. GARCI´A of Illinois, and Mrs. 
FOUSHEE) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Oversight and Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish protections for individual rights with respect 
to computational algorithms, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Artificial Intelligence Civil Rights Act of 2025’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—CIVIL RIGHTS 
Sec. 101. Discrimination. 
Sec. 102. Pre-deployment evaluations and post-deployment impact assessments. 
TITLE II—COVERED ALGORITHM AND CONTRACT STANDARDS 
Sec. 201. Covered algorithm standards. 
Sec. 202. Relationships between developers and deployers. 
Sec. 203. Human alternatives and other protections. 
Sec. 204. Prohibition on retaliation; whistleblower protections. 
TITLE III—TRANSPARENCY 
Sec. 301. Notice and disclosure. 
Sec. 302. Study on explanations regarding the use of covered algorithms. 
Sec. 303. Consumer awareness. 
TITLE IV—ENFORCEMENT 
Sec. 401. Enforcement by the Commission. 
Sec. 402. Enforcement by States. 
Sec. 403. Private right of action. 
Sec. 404. Severability. 
Sec. 405. Rules of construction. 
TITLE V—FEDERAL RESOURCES 
Sec. 501. Occupational series relating to algorithm auditing. 
Sec. 502. Additional Federal resources. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COLLECT; COLLECTION.—The terms ‘‘col-
lect’’ and ‘‘collection’’, with respect to personal data, 
mean buying, renting, gathering, obtaining, receiv-
ing, accessing, or otherwise acquiring such data by 
any means. 
(2) COMMERCIAL ACT.—The term ‘‘commercial 
act’’, with respect to a covered algorithm, means an 
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act conducted for monetary or other valuable consid-
eration, including conducting an activity in further-
ance of obtaining such consideration. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(4) CONSEQUENTIAL ACTION.—The term ‘‘con-
sequential action’’ means an act that is likely to 
have a material effect on, or to materially contribute 
to, access to, security and authentication relating to, 
eligibility for, cost of, terms of, or conditions related 
to any of the following: 
(A) Employment, including hiring, pay, 
independent contracting, worker management, 
promotion, and termination. 
(B) Education and career and technical 
education, including assessment, proctoring, 
promotion of academic integrity, accreditation, 
certification, admissions, enrollment, discipli-
nary actions including suspension, expulsion, or 
referral to law enforcement, eligibility for grad-
uation, grade promotion or degree conferral, 
academic performance evaluation, and provision 
of financial aid and scholarships. 
(C) Housing and lodging, including rental 
and short-term housing and lodging, home ap-
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praisals, rental subsidies, publicly supported 
housing, and mortgage lending. 
(D) Essential utilities, including electricity, 
heat, water, municipal trash or sewage services, 
internet and telecommunications service, and 
public transportation. 
(E) Health care, including mental health 
care, and dental, vision, and adoption services, 
and other health care-related services, treat-
ment options, trials, and studies. 
(F) Credit, banking, and other financial 
services. 
(G) Insurance, including insurance claim 
determinations. 
(H) Actions of the criminal justice system, 
law enforcement or intelligence operations, im-
migration determinations or enforcement, bor-
der control (vetting, screening, and inspection), 
child protective services, child welfare, and fam-
ily services, including risk and threat assess-
ments, situational awareness and threat detec-
tion, investigations, watchlisting, bail deter-
minations, sentencing, administration of parole, 
surveillance, use of unmanned vehicles and ma-
chines, and predictive policing. 
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(I) Justice and determinations concerning 
guilt or liability, including assignment of cases 
or counsel, bail determinations, pre-detention 
risk assessments, case intake, sequencing, and 
processing, awards of actual or punitive dam-
ages, and binding and nonbinding determina-
tions in arbitration, mediation, or other alter-
native dispute resolution. 
(J) Elections, including voting, require-
ments for documentation or proof of identity to 
vote or register to vote (and determinations 
about whether an individual meets those re-
quirements), redistricting, polling place re-
sources, reduction or alteration of multilingual 
or English language voting materials, alteration 
of the manner in which voting materials are 
provided or distributed, reduction, consolida-
tion, or relocation of voting locations in elec-
tions for Federal, State, or local office (includ-
ing early, absentee, and election-day voting lo-
cations), reduction in days or hours of in-person 
voting during a period occurring prior to the 
date of an election for Federal, State, or local 
office during which voters may cast ballots in 
such election, election security, and election ad-
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ministration, including maintenance processes 
for voter registration lists that add a new basis 
for removal from the list of active voters reg-
istered to vote in elections for Federal, State, or 
local office, or that incorporate a new source of 
information in determining a voter’s eligibility 
to vote in elections for Federal, State, or local 
office. 
(K) Government benefits and services, as 
well as verification of identity, citizenship, and 
immigration status, fraud prevention, and as-
signment of penalties. 
(L) A public accommodation. 
(M) Any other service, program, product, 
or opportunity which has a comparable legal, 
material, or similarly significant effect on an in-
dividual’s life as determined by the Commission 
through rules promulgated pursuant to section 
553 of title 5, United States Code. 
(5) COVERED ALGORITHM.—The term ‘‘covered 
algorithm’’ means— 
(A) a computational process derived from 
machine learning, natural language processing, 
artificial intelligence techniques, or other com-
putational processing techniques of similar or 
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greater complexity, that, with respect to a con-
sequential action— 
(i) creates or facilitates the creation of 
a product or information that is used as an 
integral part of the consequential action; 
(ii) promotes, recommends, ranks, or 
otherwise affects the display or delivery of 
information that is used as an integral 
part of the consequential action; 
(iii) makes a decision; or 
(iv) facilitates human decision mak-
ing; or 
(B) any other computational process 
deemed appropriate by the Commission through 
rules promulgated pursuant to section 553 of 
title 5, United States Code. 
(6) COVERED LANGUAGE.—The term ‘‘covered 
language’’ means the 10 languages with the most 
speakers in the United States, according to the most 
recent data collected by the United States Census 
Bureau. 
(7) DE-IDENTIFIED DATA.—The term ‘‘de-iden-
tified data’’ means information— 
(A) that does not identify and is not linked 
or reasonably linkable to an individual or a de-
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vice, regardless of whether the information is 
aggregated; and 
(B) with respect to which any developer or 
deployer using such information— 
(i) takes reasonable technical meas-
ures to ensure that the information cannot, 
at any point, be used to re-identify any in-
dividual or device that identifies or is 
linked or reasonably linkable to an indi-
vidual; 
(ii) publicly commits in a clear and 
conspicuous manner— 
(I) to process and transfer the 
information solely in a de-identified 
form without any reasonable means 
for re-identification; and 
(II) to not attempt to re-identify 
the information with any individual or 
device that identifies or is linked or 
reasonably linkable to an individual; 
and 
(iii) contractually obligates any person 
that receives the information from the de-
veloper or deployer— 
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(I) to comply with all of the pro-
visions of this paragraph with respect 
to such information; and 
(II) to require that such contrac-
tual obligations be included in all sub-
sequent instances for which the infor-
mation may be received. 
(8) DEPLOYER.— 
(A) IN
GENERAL.—The term ‘‘deployer’’ 
means any person that uses a covered algorithm 
for a commercial act. 
(B) RULE OF CONSTRUCTION.—The terms 
‘‘deployer’’ and ‘‘developer’’ shall not be inter-
preted to be mutually exclusive. 
(9) DEVELOPER.— 
(A) IN GENERAL.—The term ‘‘developer’’ 
means any person that designs, codes, cus-
tomizes, produces, or substantially modifies an 
algorithm that is intended or reasonably likely 
to be used as a covered algorithm— 
(i) for such person’s own use, or use 
by a third party, in connection with a com-
mercial act; or 
(ii) for use by a government entity. 
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(B) ASSUMPTION OF DEVELOPER RESPON-
SIBILITIES.—In the event that a deployer uses 
an algorithm as a covered algorithm, and no 
person is considered the developer of the algo-
rithm for purposes of subparagraph (A), the 
deployer shall be considered the developer of the 
covered algorithm for the purposes of this Act. 
(C) RULE OF CONSTRUCTION.—The terms 
‘‘developer’’ and ‘‘deployer’’ shall not be inter-
preted to be mutually exclusive. 
(10) DISPARATE IMPACT.— 
(A) IN
GENERAL.—The term ‘‘disparate 
impact’’ means an unjustified differential effect 
on an individual or group of individuals on the 
basis of an actual or perceived protected char-
acteristic. 
(B) 
UNJUSTIFIED
DIFFERENTIAL
EF-
FECT.—For purposes of subparagraph (A), with 
respect to the action, policy, or practice of a de-
veloper or deployer, a differential effect is un-
justified if— 
(i) the developer or deployer fails to 
demonstrate that such action, policy, or 
practice causing the differential effect is 
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necessary to achieve a substantial, legiti-
mate, and nondiscriminatory interest; or 
(ii) in the event the developer or 
deployer demonstrates such interest, an al-
ternative action, policy, or practice could 
serve such interest with less differential ef-
fect. 
(C) APPLICATION
TO
COVERED
ALGO-
RITHMS.—With respect to demonstrating that a 
covered algorithm causes or contributes to a 
differential effect, the covered algorithm is pre-
sumed to be not separable for analysis and may 
be analyzed holistically as a single action, pol-
icy, or practice, unless the developer or deployer 
proves that the covered algorithm is separable 
by a preponderance of the evidence. 
(11) HARM.—The term ‘‘harm’’, with respect to 
a consequential action, means a non-de minimis ad-
verse effect on an individual or group of individ-
uals— 
(A) on the basis of a protected char-
acteristic; 
(B) that involves the use of force, coercion, 
harassment, intimidation, or detention; or 
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(C) that involves the infringement of a 
right protected under the Constitution of the 
United States. 
(12) INDEPENDENT AUDITOR.— 
(A) IN GENERAL.—The term ‘‘independent 
auditor’’ means an individual that conducts a 
pre-deployment evaluation or impact assessment 
of a covered algorithm in a manner that exer-
cises objective and impartial judgment on all 
issues within the scope of such evaluation or as-
sessment. 
(B) EXCLUSION.—An individual is not an 
independent auditor of a covered algorithm if 
such individual— 
(i) is or was involved in using, devel-
oping, offering, licensing, or deploying the 
covered algorithm for a commercial act; 
(ii) at any point during the pre-de-
ployment evaluation or impact assessment, 
has an employment relationship (including 
a contractor relationship, but not including 
a contractor relationship for the auditing 
service described in subparagraph (A)) 
with a developer or deployer that uses, of-
fers, or licenses the covered algorithm; or 
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(iii) at any point during the pre-de-
ployment evaluation or impact assessment, 
has a direct financial interest, a reasonably 
foreseeable future financial interest, or a 
material indirect financial interest in a de-
veloper or deployer that uses, offers, or li-
censes a covered algorithm, not including 
routine payment for the auditing services 
described in subparagraph (A). 
(13) 
INDIVIDUAL.—The 
term 
‘‘individual’’ 
means a natural person in the United States. 
(14) PERSONAL DATA.— 
(A) IN
GENERAL.—The term ‘‘personal 
data’’— 
(i) means information that identifies 
or is linked or reasonably linkable, alone or 
in combination with other information, to 
an individual or an individual’s device; and 
(ii) shall include derived data and 
unique persistent identifiers. 
(B) EXCLUSION.—The term ‘‘personal 
data’’ does not include de-identified data. 
(15) PROCESS.—The term ‘‘process’’, with re-
spect to personal data, means to conduct or direct 
any operation or set of operations performed on such 
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data, including analyzing, organizing, structuring, 
retaining, storing, using, or otherwise handling such 
data. 
(16) PROTECTED CHARACTERISTIC.—The term 
‘‘protected characteristic’’ means any of the fol-
lowing actual or perceived traits of an individual or 
group of individuals: 
(A) Race. 
(B) Color. 
(C) Ethnicity. 
(D) National origin, nationality, or immi-
gration status. 
(E) Religion. 
(F) Sex (including a sex stereotype, preg-
nancy, childbirth, or a related medical condi-
tion, sexual orientation or gender identity, and 
sex characteristics, including intersex traits). 
(G) Disability. 
(H) Limited English proficiency. 
(I) Biometric information. 
(J) Familial or marital status. 
(K) Source of income. 
(L) Income level (not including the ability 
to pay for a specific good or service being of-
fered). 
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(M) Age. 
(N) Veteran status. 
(O) Genetic information or medical condi-
tions. 
(P) Any other classification protected by 
Federal law. 
(17) PUBLIC ACCOMMODATION.— 
(A) IN GENERAL.—The term ‘‘public ac-
commodation’’ means— 
(i) a business that offers goods or 
services to the general public, regardless of 
whether the business is operated for profit 
or operates from a physical facility; 
(ii) a park, road, or pedestrian path-
way open to the general public; 
(iii) a means of public transportation; 
or 
(iv) a publicly owned or operated facil-
ity open to the general public. 
(B) EXCLUSIONS.—The term ‘‘public ac-
commodation’’ does not include a private club 
or establishment described in section 101(b)(2). 
(18) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, Puerto Rico, 
the United States Virgin Islands, Guam, American 
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Samoa, and the Commonwealth of the Northern 
Mariana Islands. 
(19) STATE DATA PROTECTION AUTHORITY.— 
The term ‘‘State data protection authority’’ means 
an independent public authority of a State that su-
pervises, investigates, and regulates data protection 
and security law in the State, including handling 
complaints lodged against persons for violations of 
State and relevant Federal laws. 
(20) TRANSFER.—The term ‘‘transfer’’, with 
respect to personal data, means to disclose, release, 
disseminate, make available, license, rent, or share 
such data orally, in writing, electronically, or by any 
other means. 
TITLE I—CIVIL RIGHTS 
SEC. 101. DISCRIMINATION. 
(a) IN GENERAL.—A developer or deployer shall not 
offer, license, promote, sell, or use a covered algorithm in 
a manner that— 
(1) causes or contributes to a disparate impact 
in a manner that prevents; 
(2) otherwise discriminates in a manner that 
prevents; or 
(3) otherwise makes unavailable, 
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the equal enjoyment of goods, services, or other activities 
or opportunities, related to a consequential action, on the 
basis of a protected characteristic. 
(b) EXCEPTIONS.—This section shall not apply to— 
(1) the offer, licensing, or use of a covered algo-
rithm for the sole purpose of— 
(A) a developer’s or deployer’s self-testing 
(or auditing by an independent auditor at a de-
veloper’s or deployer’s request) to identify, pre-
vent, or mitigate discrimination, or otherwise to 
ensure compliance with obligations, under Fed-
eral law; 
(B) expanding an applicant, participant, or 
customer pool to raise the likelihood of increas-
ing diversity or redressing historic discrimina-
tion; or 
(C) conducting— 
(i) good faith security research; or 
(ii) other research, if conducting the 
research is not part or all of a commercial 
act; or 
(2) any private club or other establishment not 
in fact open to the public, as described in section 
201(e) of the Civil Rights Act of 1964 (42 U.S.C. 
2000a(e)). 
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SEC. 102. PRE-DEPLOYMENT EVALUATIONS AND POST-DE-
PLOYMENT IMPACT ASSESSMENTS. 
(a) PRE-DEPLOYMENT EVALUATIONS.—Prior to de-
ploying, licensing, or offering a covered algorithm (includ-
ing deploying a material change to a previously-deployed 
covered algorithm or a material change made prior to de-
ployment) for a consequential action, a developer or 
deployer shall conduct a pre-deployment evaluation in ac-
cordance with the following: 
(1) PRELIMINARY EVALUATION.— 
(A) PLAUSIBILITY OF HARM.— 
(i) 
DEVELOPERS.—The 
developer 
shall conduct a preliminary evaluation of 
the plausibility that any expected use of 
the covered algorithm may result in a 
harm. 
(ii) DEPLOYERS.—The deployer shall 
conduct a preliminary evaluation of the 
plausibility that any intended use of the 
covered algorithm may result in a harm. 
(B) RESULTS.—Based on the results of 
the preliminary evaluation, the developer or 
deployer shall— 
(i) in the event that a harm is not 
plausible, record a finding of no plausible 
harm, including a description of the devel-
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oper’s expected use or the deployer’s in-
tended use of the covered algorithm, how 
the preliminary evaluation was conducted, 
and an explanation for the finding, and 
submit such record to the Commission; and 
(ii) in the event that a harm is plau-
sible, conduct a full pre-deployment evalua-
tion as described in paragraph (2). 
(C) PREVIOUSLY-DEPLOYED COVERED AL-
GORITHMS.—When conducting a preliminary 
evaluation of a material change to, or new use 
of, a previously-deployed covered algorithm, the 
developer or deployer may limit the scope of the 
evaluation to whether use of the covered algo-
rithm may result in a harm as a result of the 
material change or new use. 
(2) FULL PRE-DEPLOYMENT EVALUATION.— 
(A) FOR DEVELOPERS.— 
(i) INDEPENDENT AUDITOR EVALUA-
TION.—If a developer determines a harm is 
plausible during the preliminary evaluation 
described in paragraph (1), the developer 
shall engage an independent auditor to 
conduct a pre-deployment evaluation. 
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(ii) PRE-DEPLOYMENT
EVALUATION 
REQUIREMENTS.—The evaluation required 
under clause (i) shall include a detailed re-
view and description, sufficient for an indi-
vidual having ordinary skill in the art to 
understand the functioning, risks, uses, 
benefits, limitations, and other pertinent 
attributes of the covered algorithm, includ-
ing— 
(I) the covered algorithm’s design 
and methodology, including the inputs 
the covered algorithm is designed to 
use to produce an output and the out-
puts the covered algorithm is designed 
to produce; 
(II) how the covered algorithm 
was created, trained, and tested, in-
cluding— 
(aa) any metric used to test 
the performance of the covered 
algorithm; 
(bb) 
defined 
benchmarks 
and goals that correspond to 
such metrics, including whether 
there was sufficient representa-
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tion of demographic groups that 
are reasonably likely to use or be 
affected by the covered algorithm 
in the data used to create or 
train the algorithm, and whether 
there was reasonable testing, if 
any, across such demographic 
groups; 
(cc) the outputs the covered 
algorithm actually produces in 
testing; 
(dd) a description of any 
consultation with relevant stake-
holders, including any commu-
nities that will be impacted by 
the covered algorithm, regarding 
the development of the covered 
algorithm, or a disclosure that no 
such consultation occurred; 
(ee) a description of which 
protected characteristics, if any, 
were used for testing and evalua-
tion, and how and why such 
characteristics were used, includ-
ing— 
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(AA) whether the test-
ing occurred in comparable 
contextual conditions to the 
conditions in which the cov-
ered algorithm is expected to 
be used; and 
(BB) if protected char-
acteristics were not available 
to conduct such testing, a 
description 
of 
alternative 
methods the developer used 
to conduct the required as-
sessment; 
(ff) any other computational 
algorithm incorporated into the 
development of the covered algo-
rithm, regardless of whether such 
precursor 
computational 
algo-
rithm involves a consequential ac-
tion; 
(gg) a description of the 
data and information used to de-
velop, test, maintain, or update 
the covered algorithm, includ-
ing— 
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(AA) each type of per-
sonal data used, each source 
from which the personal 
data was collected, and how 
each type of personal data 
was inferred and processed; 
(BB) the legal author-
ization for collecting and 
processing 
the 
personal 
data; and 
(CC) an explanation of 
how the data (including per-
sonal data) used is rep-
resentative, 
proportional, 
and appropriate to the devel-
opment and intended uses of 
the covered algorithm; and 
(hh) a description of the 
training process for the covered 
algorithm which includes the 
training, validation, and test data 
utilized to confirm the intended 
outputs; 
(III) the potential for the covered 
algorithm to produce a harm or to 
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have a disparate impact in the equal 
enjoyment of goods, services, or other 
activities or opportunities, and a de-
scription of such potential harm or 
disparate impact; 
(IV) alternative practices and 
recommendations to prevent or miti-
gate harm and recommendations for 
how the developer could monitor for 
harm after offering, licensing, or de-
ploying the covered algorithm; and 
(V) any other information the 
Commission deems pertinent to pre-
vent the covered algorithm from caus-
ing harm or having a disparate impact 
in the equal enjoyment of goods, serv-
ices, or other activities or opportuni-
ties, as prescribed by rules promul-
gated by the Commission pursuant to 
section 553 of title 5, United States 
Code. 
(iii) REPORT.—The independent audi-
tor shall submit to the developer a report 
on the evaluation conducted under this 
subparagraph, including the findings and 
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recommendations 
of 
such 
independent 
auditor. 
(B) FOR DEPLOYERS.— 
(i) INDEPENDENT AUDITOR EVALUA-
TION.—If a deployer determines a harm is 
plausible during the preliminary evaluation 
described in paragraph (1), the deployer 
shall engage an independent auditor to 
conduct a pre-deployment evaluation. 
(ii) PRE-DEPLOYMENT
EVALUATION 
REQUIREMENTS.—The evaluation required 
under clause (i) shall include a detailed re-
view and description, sufficient for an indi-
vidual having ordinary skill in the art to 
understand the functioning, risks, uses, 
benefits, limitations, and other pertinent 
attributes of the covered algorithm, includ-
ing— 
(I) the manner in which the cov-
ered algorithm makes or contributes 
to a consequential action and the pur-
pose for which the covered algorithm 
will be deployed; 
(II) the necessity and proportion-
ality of the covered algorithm in rela-
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tion to its planned use, including the 
intended benefits and limitations of 
the covered algorithm and a descrip-
tion of the baseline process being en-
hanced or replaced by the covered al-
gorithm, if applicable; 
(III) the inputs that the deployer 
plans to use to produce an output, in-
cluding— 
(aa) the type of personal 
data and information used and 
how the personal data and infor-
mation will be collected, inferred, 
and processed; 
(bb) the legal authorization 
for collecting and processing the 
personal data; and 
(cc) an explanation of how 
the data used is representative, 
proportional, and appropriate to 
the deployment of the covered al-
gorithm; 
(IV) the outputs the covered al-
gorithm is expected to produce and 
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the outputs the covered algorithm ac-
tually produces in testing; 
(V) a description of any addi-
tional testing or training completed by 
the deployer for the context in which 
the covered algorithm will be de-
ployed; 
(VI) a description of any con-
sultation with relevant stakeholders, 
including any communities that will 
be impacted by the covered algorithm, 
regarding the deployment of the cov-
ered algorithm; 
(VII) the potential for the cov-
ered algorithm to produce a harm or 
to have a disparate impact in the 
equal enjoyment of goods, services, or 
other activities or opportunities in the 
context in which the covered algo-
rithm will be deployed and a descrip-
tion of such potential harm or dis-
parate impact; 
(VIII) alternative practices and 
recommendations to prevent or miti-
gate harm in the context in which the 
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covered algorithm will be deployed and 
recommendations for how the deployer 
could monitor for harm after offering, 
licensing, or deploying the covered al-
gorithm; and 
(IX) any other information the 
Commission deems pertinent to pre-
vent the covered algorithm from caus-
ing harm or having a disparate impact 
in the equal enjoyment of goods, serv-
ices, or other activities or opportuni-
ties as prescribed by rules promul-
gated by the Commission pursuant to 
section 553 of title 5, United States 
Code. 
(iii) REPORT.—The independent audi-
tor shall submit to the deployer a report on 
the evaluation conducted under this sub-
paragraph, including the findings and rec-
ommendations of such independent audi-
tor. 
(b) DEPLOYER ANNUAL IMPACT ASSESSMENT.— 
After the deployment of a covered algorithm, a deployer 
shall, on an annual basis, conduct an impact assessment 
in accordance with the following: 
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(1) PRELIMINARY IMPACT ASSESSMENT.—The 
deployer shall conduct a preliminary impact assess-
ment of the covered algorithm to identify any harm 
that resulted from the covered algorithm during the 
reporting period and— 
(A) if no resulting harm is identified by 
such assessment, shall record a finding of no 
harm, including a description of the developer’s 
expected use or the deployer’s intended use of 
the covered algorithm, how the preliminary 
evaluation was conducted, and an explanation 
for such finding, and submit such finding to the 
Commission; and 
(B) if a resulting harm is identified by 
such assessment, shall conduct a full impact as-
sessment as described in paragraph (2). 
(2) FULL IMPACT ASSESSMENT.—In the event 
that the covered algorithm resulted in harm during 
the reporting period, the deployer shall engage an 
independent auditor to conduct a full impact assess-
ment with respect to the reporting period, includ-
ing— 
(A) an assessment of the harm that re-
sulted or was reasonably likely to have been 
produced during the reporting period; 
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(B) a description of the extent to which 
the covered algorithm produced a disparate im-
pact in the equal enjoyment of goods, services, 
or other activities or opportunities, including 
the methodology for such evaluation, of how the 
covered algorithm produced or likely produced 
such disparity; 
(C) a description of the types of data input 
into the covered algorithm during the reporting 
period to produce an output, including— 
(i) documentation of how data input 
into the covered algorithm to produce an 
output is represented and complete de-
scriptions of each field of data; and 
(ii) whether and to what extent the 
data input into the covered algorithm to 
produce an output was used to train or 
otherwise modify the covered algorithm; 
(D) whether and to what extent the cov-
ered algorithm produced the outputs it was ex-
pected to produce; 
(E) a detailed description of how the cov-
ered algorithm was used to make a consequen-
tial action; 
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(F) any action taken to prevent or mitigate 
harms, including how relevant staff are in-
formed of, trained about, and implement harm 
mitigation policies and practices, and rec-
ommendations for how the deployer could mon-
itor for and prevent harm after offering, licens-
ing, or deploying the covered algorithm; and 
(G) any other information the Commission 
deems pertinent to prevent the covered algo-
rithm from causing harm or having a disparate 
impact in the equal enjoyment of goods, serv-
ices, or other activities or opportunities as pre-
scribed by rules promulgated by the Commis-
sion pursuant to section 553 of title 5, United 
States Code. 
(3) REPORTS.— 
(A) TO
THE
DEPLOYER.—After the en-
gagement of the independent auditor, the inde-
pendent auditor shall submit to the deployer a 
report on the impact assessment conducted 
under paragraph (2), including the findings and 
recommendations of such independent auditor. 
(B) TO THE DEVELOPER.—Not later than 
30 days after the submission of a report on an 
impact assessment under subparagraph (A), a 
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deployer shall submit to the developer of the 
covered algorithm a summary of such report, 
subject to the trade secret and privacy protec-
tions described in subsection (e)(3). 
(c) DEVELOPER
ANNUAL
REVIEW
OF
ASSESS-
MENTS.—A developer shall, on an annual basis, review 
each impact assessment summary submitted by a deployer 
of its covered algorithm under subsection (b)(3)(B) for the 
following purposes: 
(1) To assess how the deployer is using the cov-
ered algorithm, including the methodology for as-
sessing such use. 
(2) To assess the type of data the deployer is 
inputting into the covered algorithm to produce an 
output and the types of outputs the covered algo-
rithm is producing. 
(3) To assess whether the deployer is complying 
with any relevant contractual agreement with the de-
veloper and whether any remedial action is nec-
essary. 
(4) To compare the covered algorithm’s per-
formance in real-world conditions versus pre-deploy-
ment testing, including the methodology used to 
evaluate such performance. 
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(5) To assess whether the covered algorithm is 
causing harm or is reasonably likely to be causing 
harm. 
(6) To assess whether the covered algorithm is 
causing, or is reasonably likely to be causing, a dis-
parate impact in the equal enjoyment of goods, serv-
ices, or other activities or opportunities, and, if so, 
how and with respect to which protected char-
acteristic. 
(7) To determine whether the covered algorithm 
needs modification. 
(8) To determine whether any other action is 
appropriate to ensure that the covered algorithm re-
mains safe and effective. 
(9) To undertake any other assessment or re-
sponsive action the Commission deems pertinent to 
prevent the covered algorithm from causing harm or 
having a disparate impact in the equal enjoyment of 
goods, services, or other activities or opportunities, 
as prescribed by rules promulgated by the Commis-
sion pursuant to section 553 of title 5, United 
States Code. 
(d) JOINT DEVELOPER
AND DEPLOYER OBLIGA-
TIONS.—If a person is both the developer and deployer 
of a covered algorithm, the person may conduct combined 
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pre-deployment evaluations and annual assessments, pro-
vided that each combined evaluation or assessment satis-
fies all requirements for both developers and deployers. 
(e) REPORTING AND RETENTION REQUIREMENTS.— 
(1) REPORTING.—A developer or deployer that 
conducts a full pre-deployment evaluation, full im-
pact assessment, or developer annual review of as-
sessments shall— 
(A) not later than 30 days after comple-
tion, submit the evaluation, assessment, or re-
view to the Commission; 
(B) upon request, make the evaluation, as-
sessment, or review available to Congress; and 
(C) not later than 30 days after comple-
tion— 
(i) publish a summary of the evalua-
tion, assessment, or review on the website 
of the developer or deployer in a manner 
that is easily accessible to individuals; and 
(ii) submit such summary to the Com-
mission. 
(2) RETENTION.—A developer or deployer shall 
retain all evaluations, assessments, and reviews de-
scribed in this section for a period of not fewer than 
10 years. 
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(3) TRADE SECRETS AND PRIVACY.—A devel-
oper or deployer— 
(A) may redact and segregate any trade 
secret (as defined in section 1839 of title 18, 
United States Code) from public disclosure 
under this subsection; and 
(B) shall redact and segregate personal 
data from public disclosure under this sub-
section. 
(f) RULEMAKING.— 
(1) AUTHORITY.—The Commission may, in ac-
cordance with section 553 of title 5, United States 
Code, promulgate such rules as may be necessary to 
carry out this section. 
(2) ADDITIONAL
REGULATIONS.—Not later 
than 2 years after the date of enactment of this Act, 
the Commission shall— 
(A) promulgate rules, pursuant to section 
553 of title 5, United States Code, specifying— 
(i) what information and factors a de-
veloper or deployer shall consider in mak-
ing the preliminary evaluation or prelimi-
nary impact assessment described in sub-
sections (a)(1) and (b)(1), respectively; 
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(ii) what information a developer or 
deployer shall include in a summary of an 
evaluation, assessment, or developer review 
described in subsection (e)(1)(C); and 
(iii) the extent to and process by 
which a developer may request additional 
information from a deployer, including the 
purposes for which a developer is per-
mitted to use such additional information; 
and 
(B) in promulgating such rules, consider 
the need to protect the privacy of personal data, 
as well as the need for information sharing by 
developers and deployers to comply with this 
section and inform the public. 
TITLE II—COVERED ALGORITHM 
AND CONTRACT STANDARDS 
SEC. 201. COVERED ALGORITHM STANDARDS. 
(a) COVERED ALGORITHM USE.—A developer or 
deployer shall do the following: 
(1) Take reasonable measures to prevent and 
mitigate any harm identified by a pre-deployment 
evaluation described in section 102(a) or an impact 
assessment described in section 102(b). 
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(C) use of the covered algorithm is not 
likely to result in a deceptive act or practice. 
(5) Ensure that any covered algorithm of the 
developer or deployer functions— 
(A) at a level that would be considered rea-
sonable performance by an individual with ordi-
nary skill in the art; and 
(B) in a manner that is consistent with its 
expected and publicly-advertised performance, 
purpose, or use. 
(6) Ensure any data used in the design, devel-
opment, deployment, or use of the covered algorithm 
is relevant and appropriate to the deployment con-
text and the publicly-advertised purpose or use. 
(7) Ensure use of the covered algorithm as in-
tended is not likely to result in a violation of this 
Act. 
(b) DECEPTIVE MARKETING
OF
A PRODUCT
OR 
SERVICE.—It shall be unlawful for a developer or deployer 
to engage in false, deceptive, or misleading advertising, 
marketing, or publicizing of a covered algorithm of the de-
veloper or deployer. 
(c) OFF-LABEL USE.— 
(1) DEVELOPERS.—It shall be unlawful for a 
developer to knowingly offer or license a covered al-
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gorithm for any consequential action other than 
those evaluated in the pre-deployment evaluation de-
scribed in section 102(a). 
(2) DEPLOYERS.—It shall be unlawful for a 
deployer to knowingly use a covered algorithm for 
any consequential action other than a use evaluated 
in the pre-deployment evaluation described in section 
102(a), unless the deployer agrees to assume the re-
sponsibilities of a developer required by this Act. 
SEC. 202. RELATIONSHIPS BETWEEN DEVELOPERS AND 
DEPLOYERS. 
(a) DEVELOPER RESPONSIBILITIES.—A developer 
shall do the following: 
(1) Upon the reasonable request of the 
deployer, make available to the deployer information 
necessary to demonstrate the compliance of the 
deployer with the requirements of this Act, includ-
ing— 
(A) making available a report of the pre- 
deployment evaluation described in section 
102(a) or the annual review of assessments con-
ducted by the developer under section 102(c); 
and 
(B) providing information necessary to en-
able the deployer to conduct and document a 
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pre-deployment evaluation under section 102 
(a) or an impact assessment under section 
102(b). 
(2) Either— 
(A) allow and cooperate with reasonable 
assessments conducted by the deployer or the 
deployer’s designated independent auditor; or 
(B) arrange for an independent auditor to 
conduct an assessment of the developer’s poli-
cies and practices in support of the obligations 
under this Act using an appropriate and accept-
ed control standard or framework and assess-
ment procedure for such assessments, and pro-
vide a report of such assessment to the deployer 
upon request. 
(b) 
CONTRACTS
BETWEEN
DEVELOPERS
AND 
DEPLOYERS.— 
(1) REQUIREMENTS.—A developer may offer or 
license a covered algorithm to a deployer pursuant 
to a written contract between the developer and 
deployer, provided that the contract— 
(A) clearly sets forth the data processing 
procedures of the developer with respect to any 
collection, processing, or transfer of data per-
formed on behalf of the deployer; 
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(B) clearly sets forth— 
(i) instructions for collecting, proc-
essing, transferring, or disposing of data 
by the developer or deployer in the context 
of the use of the covered algorithm; 
(ii) instructions for deploying the cov-
ered algorithm as intended; 
(iii) the nature and purpose of any 
collection, processing, or transferring of 
data; 
(iv) the type of data subject to such 
collection, processing, or transferring; 
(v) the duration of such processing of 
data; and 
(vi) the rights and obligations of both 
parties, including a method by which the 
developer shall notify the deployer of mate-
rial changes to its covered algorithm; 
(C) shall not relieve a developer or 
deployer of any requirement or liability imposed 
on such developer or deployer under this Act; 
(D) prohibits both the developer and 
deployer from combining data received from or 
collected on behalf of the other party with data 
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the developer or deployer received from or col-
lected on behalf of another party; and 
(E) shall not prohibit a developer or 
deployer from raising concerns to any relevant 
enforcement agency with respect to the other 
party. 
(2) RETENTION
OF
CONTRACT.—Each devel-
oper shall retain for a period of 10 years a copy of 
each contract entered into with a deployer to which 
it provides requested products or services. 
(c) RULE OF CONSTRUCTION.—For purposes of this 
section, any requirement for a developer to contract with, 
assist, and follow the instructions of a deployer shall be 
read to include a requirement to contract with, assist, and 
follow the instructions of a government entity if the devel-
oper is providing a service to a government entity. 
SEC. 203. HUMAN ALTERNATIVES AND OTHER PROTEC-
TIONS. 
(a) RIGHT TO HUMAN ALTERNATIVES.— 
(1) RULEMAKING.—Not later than 2 years after 
the date of enactment of this Act, the Commission 
shall promulgate regulations in accordance with sec-
tion 553 of title 5, United States Code, specifying 
the circumstances and manner in which a deployer 
shall provide to an individual a means to opt-out of 
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the use of a covered algorithm for a consequential 
action and to elect to have the consequential action 
concerning the individual undertaken by a human 
without the use of a covered algorithm. 
(2) CONSIDERATIONS.—In promulgating the 
regulations under paragraph (1), the Commission 
shall consider the following: 
(A) How to ensure that any notice or re-
quest from a deployer regarding the right to a 
human alternative is clear and conspicuous, in 
plain language, easy to execute, and at no cost 
to an individual. 
(B) How to ensure that any such notice to 
individuals is effective, timely, and useful. 
(C) The specific types of consequential ac-
tions for which a human alternative is appro-
priate, considering the magnitude of the action 
and risk of harm. 
(D) The extent to which a human alter-
native would be beneficial to individuals and the 
public interest. 
(E) The extent to which a human alter-
native can prevent or mitigate harm. 
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(F) The risk of harm to individuals beyond 
the requestor if a human alternative is available 
or not available. 
(G) The feasibility of providing a human 
alternative in different circumstances. 
(H) Any other considerations the Commis-
sion deems appropriate to balance the need to 
give an individual control over a consequential 
action related to such individual with the prac-
tical feasibility and effectiveness of granting 
such control. 
(b) 
INDIVIDUAL
AUTONOMY.—A 
developer 
or 
deployer may not condition, effectively condition, attempt 
to condition, or attempt to effectively condition the exer-
cise of any individual right under this Act or individual 
choice through— 
(1) the use of any false, fictitious, fraudulent, 
or materially misleading statement or representa-
tion; or 
(2) the design, modification, or manipulation of 
any user interface with the purpose or substantial 
effect of obscuring, subverting, or impairing a rea-
sonable individual’s autonomy, decision making, or 
choice to exercise any such right. 
(c) RIGHT TO APPEAL.— 
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(1) RULEMAKING.—Not later than 2 years after 
the date of enactment of this Act, the Commission 
shall promulgate regulations in accordance with sec-
tion 553 of title 5, United States Code, specifying 
the circumstances and manner in which a deployer 
shall provide to an individual a mechanism to appeal 
to a human a consequential action resulting from 
the deployer’s use of a covered algorithm. 
(2) CONSIDERATIONS.—In promulgating the 
regulations under paragraph (1), the Commission 
shall do the following: 
(A) Ensure that the appeal mechanism is 
clear and conspicuous, in plain language, easy- 
to-execute, and at no cost to individuals. 
(B) Ensure that the appeal mechanism is 
proportionate to the consequential action. 
(C) Ensure that the appeal mechanism is 
reasonably accessible to individuals with disabil-
ities, timely, usable, effective, and non-discrimi-
natory. 
(D) Require, where appropriate, a mecha-
nism for individuals to identify and correct any 
personal data used by the covered algorithm. 
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(E) Specify training requirements for 
human reviewers with respect to a consequen-
tial action. 
(F) Consider any other circumstances, pro-
cedures, or matters the Commission deems ap-
propriate to balance the need to give an indi-
vidual a right to appeal a consequential action 
related to such individual with the practical fea-
sibility and effectiveness of granting such right. 
SEC. 
204. 
PROHIBITION 
ON 
RETALIATION; 
WHISTLE-
BLOWER PROTECTIONS. 
(a) PROHIBITION ON RETALIATION.— 
(1) IN GENERAL.—A developer or deployer may 
not discriminate or retaliate against an individual 
(including by denying or threatening to deny the 
equal enjoyment of goods, services, or other activi-
ties or opportunities in relation to a consequential 
action) because the individual exercised any right, 
refused to waive any such right, raised a concern 
about a consequential action under this Act, or as-
sisted in any investigation or proceeding under this 
Act. 
(2) RULES OF CONSTRUCTION.— 
(A) 
DIFFERENTIAL
IN
SERVICE
OR 
GOODS.—Nothing in this Act shall prohibit a 
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developer or deployer from denying service to 
an individual, charging an individual a different 
price or rate, or providing a different level or 
quality of goods or services to an individual if 
the differential in service is necessary and di-
rectly related to the value provided to the devel-
oper or deployer by the covered algorithm. 
(B) LOYALTY PROGRAMS.—Nothing in this 
Act shall prohibit a developer or deployer from 
offering loyalty, rewards, premium features, dis-
counts, or club card programs that provide ben-
efits or rewards based on frequency of patron-
izing, or the amount of money spent at, a busi-
ness consistent with this Act. 
(b) WHISTLEBLOWER PROTECTION.—A developer or 
deployer may not, directly or indirectly, discharge, demote, 
suspend, threaten, harass, or otherwise discriminate or re-
taliate against an individual for raising a concern, report-
ing or attempting to report a violation of this Act, or co-
operating in any investigation or proceeding under this 
Act. 
TITLE III—TRANSPARENCY 
SEC. 301. NOTICE AND DISCLOSURE. 
(a) IN GENERAL.—Each developer or deployer shall 
make publicly available, in plain language and in a clear, 
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conspicuous, not misleading, easy-to-read, and readily ac-
cessible manner, a disclosure that provides a detailed and 
accurate representation of the developer or deployer’s 
practices regarding the requirements under this Act. 
(b) CONTENT OF DISCLOSURE.—The disclosure re-
quired under subsection (a) shall include, at a minimum, 
the following: 
(1) The identity and the contact information 
of— 
(A) the developer or deployer to which the 
disclosure applies (including the developer or 
deployer’s point of contact and electronic and 
physical mail address, as applicable for any in-
quiry concerning a covered algorithm or indi-
vidual rights under this Act); and 
(B) any other entity within the same cor-
porate structure as the developer or deployer to 
which personal data is transferred by the devel-
oper or deployer. 
(2) A link to the website containing the devel-
oper or deployer’s summaries of pre-deployment 
evaluations, impact assessments, and annual review 
of assessments, as applicable. 
(3) The categories of personal data the devel-
oper or deployer collects or processes in the develop-
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