Digital Civil and Human Rights Act of 2022
Bill: H.R.7449 | Sponsor: Rep. Brown, Anthony G. (D-MD)
Policy area: Government Operations and Politics

Summary:
Digital Civil and Human Rights Act of 2022
This bill establishes prohibitions on the use of automated systems in a discriminatory manner.
Specifically, the bill prohibits (1) a federal agency, U.S. court, or state, local, or tribal government from using any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex; or (2) the use of automated systems with bias by the Department of Defense. Each federal agency must maintain on its public website a bias data sheet for each automated decision system used by such agency with the potential for a disparate impact on such bases.
The bill prohibits a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, from using any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.
The bill prohibits places of public accommodation from using in their operations that affect commerce any decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.
The bill requires (1) the Office of the Director of National Intelligence to submit to Congress a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria; and (2) the National Institute of Standards and Technology to develop, publish, and maintain standards for reporting bias in an automated decision system.

To establish prohibitions on the use of automated systems in a 
             discriminatory manner, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Civil and Human Rights Act 
of 2022''.

SEC. 2. PROHIBITION OF DISCRIMINATORY USE OF AUTOMATED SYSTEMS.

    (a) In General.--No Federal agency, court of the United States, 
State government, local government, or tribal government may use any 
automated decision system that has a disparate impact on the basis of 
race, national origin, color, religion, disability, or sex.
    (b) Publicly Available Repository.--The head of each Federal agency 
shall maintain a site on the public website of the Federal agency that 
contains a bias datasheet for each automated decision system used by 
such Federal agency with the potential for a disparate impact on the 
bases established under subsection (a).
    (c) Definition.--In this section the term ``bias datasheet'' means 
a datasheet conforming to the standard published pursuant to section 
22B of the National Institute of Standards and Technology Act.
    (d) Prohibition Against Discrimination or Segregation in Places of 
Public Accommodation.--Section 201 of the Civil Rights Act of 1964 (42 
U.S.C. 2000a) is amended by adding at the end the following:
    ``(f) It shall be an unlawful practice for a place of public 
accommodation to use in its operations affecting commerce any automated 
decision system (as such term is defined in section 701) that has a 
disparate impact on the basis of race, color, religion, sex, or 
national origin.''.
    (e) Unlawful Employment Practices.--Section 703 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at the end the 
following:
    ``(o) It shall be an unlawful employment practice for a respondent, 
in connection with the selection or referral of applicants or 
candidates for employment or promotion, to use any automated decision 
system that has a disparate impact on the basis of race, color, 
religion, sex, or national origin.''.
    (f) Definitions in Civil Rights Act of 1964.--Section 701 of the 
Civil Rights Act of 1964 (42 U.S.C. 2000e-2) is amended by adding at 
the end the following:
    ``(o) The term `automated decision system' means any system, 
software, or process (including one derived from machine learning, 
statistics, or other data processing or artificial intelligence 
techniques and excluding passive computing infrastructure) that uses 
computation, the result of which serves as a basis for a decision or 
judgment.
    ``(p) The term `court of the United States' has the meaning given 
such term in section 451 of title 28, United States Code.''.
    (g) Rulemaking.--Not later than 1 year after the date of enactment 
of this Act, the head of each Federal agency, in coordination with the 
Director of the Office of Management and Budget, shall make rules to 
carry out this section and the amendments made by this section.

SEC. 3. PROHIBITION OF BIAS IN USE OF AUTOMATED SYSTEMS BY THE 
              DEPARTMENT OF DEFENSE.

    (a) In General.--Chapter 3 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 130l. Prohibition of use of automated systems with bias
    ``(a) In General.--None of the funds authorized to be appropriated 
or otherwise made available for any fiscal year for the Department of 
Defense may be used for the use of any automated decision system with 
any adverse distinction based on race, religion, sex, health, age, or 
any other similar criteria.
    ``(b) Publicly Available Repository.--Not later than one year after 
the effective date of this section, the Secretary of Defense shall 
maintain a site on the public website of the Department of Defense that 
contains a bias datasheet for each automated decision system used by 
the Department of Defense with the potential for an adverse distinction 
on the bases established under subsection (a).
    ``(c) Definitions.--In this section:
            ``(1) The term `automated decision system' has the meaning 
        given such term in section 701 of the Civil Rights Act of 1964.
            ``(2) The term `adverse distinction' has the meaning given 
        such term through the application of the Geneva Conventions and 
        customary international law.
            ``(3) The term `bias datasheet' means a datasheet 
        conforming to the standard published pursuant to section 22B of 
        the National Institute of Standards and Technology Act and 
        includes an addendum related to international law.''.
    (b) Report Required.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary of Defense, in 
        coordination with the Secretary of State, shall submit to the 
        appropriate congressional committees a report on the 
        implementation of the amendments made by this section.
            (2) Elements.--The report required by subsection (b) shall 
        include the following:
                    (A) An accounting of regulations prescribed, 
                revised, or withdrawn in the implementation of the 
                prohibition created under subsection (a).
                    (B) An identification and assessment of any 
                automated decision systems used by the Department of 
                Defense prior to the enactment of this Act which had an 
                adverse distinction based on race, religion, sex, 
                health, age, or any other similar criteria.
                    (C) Recommendations for actions to affirm the same 
                prohibition for all parties to the Geneva Conventions.
            (3) Form.--The report under paragraph (1) shall be 
        submitted in unclassified form, but may contain a classified 
        annex. The unclassified portion of the report shall be posted 
        on a publicly available website of the Department of Defense.
    (c) Definition.--In this section the term ``appropriate 
congressional committees'' means--
            (1) the congressional defense committees;
            (2) the Committee on Foreign Relations and the Select 
        Committee on Intelligence of the Senate; and
            (3) the Committee on Foreign Affairs and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
    (d) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
130k the following new item:

``130l. Prohibition of use of automated systems with bias.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date that is one year after the date of the enactment of 
this Act.

SEC. 4. REPORT ON INTELLIGENCE COMMUNITY USE OF AUTOMATED DECISION 
              SYSTEMS WITH BIAS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate congressional committees a report on the use 
within the intelligence community of automated decision systems with an 
adverse distinction based on race, religion, sex, health, age, or any 
other similar criteria.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) An accounting of the automated decision systems used by 
        the intelligence community, excluding cyberspace operations, 
        with the potential for an adverse distinction based on race, 
        religion, sex, health, age, or any other similar criteria.
            (2) An assessment of any adverse distinctions based on 
        race, religion, sex, health, age, or any other similar 
        criteria.
            (3) An assessment of the impact of a prohibition within the 
        intelligence community on automated decision systems with an 
        adverse distinction based on race, religion, sex, health, age, 
        or any other similar criteria.
            (4) An assessment of the programs and funding required to 
        replace within the intelligence community any automated 
        decision systems with an adverse distinction based on race, 
        religion, sex, health, age, or any other similar criteria.
    (c) Form.--The report under subsection (a) may be submitted in 
classified form, but if so submitted shall include an unclassified 
executive summary. The unclassified portion of the report shall be 
posted on a publicly available website of the Office of the Director of 
National Intelligence.
    (d) Definition.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees;
                    (B) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate; and
                    (C) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
            (2) The term ``intelligence community'' has the meaning 
        given such term in section 3003(4) of title 50, United States 
        Code.
            (3) The term ``automated decision system'' has the meaning 
        given such term in section 701 of the Civil Rights Act of 1964.
            (4) The term ``adverse distinction'' has the meaning given 
        such term through the application of the Geneva Conventions and 
        customary international law.

SEC. 5. ESTABLISHMENT OF DATASHEET STANDARDS ON AUTOMATED DECISION 
              SYSTEM BIAS.

    (a) In General.--The National Institute of Standards and Technology 
Act (15 U.S.C. 271 et seq.) is amended by inserting after section 22A 
the following new section:

``SEC. 22B. AUTOMATED DECISION SYSTEM BIAS DATASHEETS.

    ``(a) In General.--The Director of the Institute, in consultation 
with such researchers, private sector industry experts, legal experts, 
and civil rights experts as the Director considers appropriate, shall 
develop, publish, and maintain standards for reporting bias in an 
automated decision system.
    ``(b) Elements.--The standards described in subsection (a) shall 
require the following:
            ``(1) An assessment of bias on the basis of race, national 
        origin, color, religion, disability, sex, sexual orientation, 
        or gender identity.
            ``(2) The source, size, and characteristics of any dataset 
        used as the basis for the automated decision system.
            ``(3) The content is accessible and machine readable in 
        accordance with the 21st Century Integrated Digital Experience 
        Act (44 U.S.C. 3501 note).
            ``(4) Any other requirements as determined by the Director.
    ``(c) Definitions.--In this section the term `automated decision 
system' has the meaning given such term in section 701 of the Civil 
Rights Act of 1964.''.
    (b) Deadline for Implementation.--Not later than 18 months after 
the date of the enactment of this Act, the Director shall initially 
publish the standards required under subsection (a).
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