[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5511 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 5511

To direct the Federal Trade Commission to require impact assessments of 
              certain algorithms, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 19, 2025

  Ms. Clarke of New York (for herself, Ms. Balint, Ms. Barragan, Mr. 
   Bell, Ms. Brown, Mr. Davis of Illinois, Mr. Deluzio, Mr. Evans of 
 Pennsylvania, Mr. Figures, Mrs. Foushee, Mr. Garcia of Illinois, Ms. 
Norton, Mr. Huffman, Mr. Jackson of Illinois, Ms. Jacobs, Ms. Jayapal, 
   Ms. Kelly of Illinois, Ms. Lee of Pennsylvania, Mrs. Ramirez, Ms. 
Tlaib, Mr. Veasey, and Ms. Wilson of Florida) 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 
              certain algorithms, 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 ``Algorithmic Accountability Act of 
2025''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Biometrics.--The term ``biometrics'' means any 
        information that represents a biological, physiological, or 
        behavioral attribute or feature of a consumer.
            (2) Chair.--The term ``Chair'' means the Chair of the 
        Commission.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Consumer.--The term ``consumer'' means an individual.
            (5) Covered algorithm.--The term ``covered algorithm'' 
        means a computational process derived from machine learning, 
        natural language processing, artificial intelligence 
        techniques, or other computational processing techniques of 
        similar or greater complexity, that, with respect to a 
        consequential action--
                    (A) creates or facilitates the creation of a 
                product or information;
                    (B) promotes, recommends, ranks, or otherwise 
                affects the display or delivery of information that is 
                material to the consequential action;
                    (C) makes a decision; or
                    (D) facilitates human decision making.
            (6) Covered entity.--
                    (A) In general.--The term ``covered entity'' means 
                any person, partnership, or corporation over which the 
                Commission has jurisdiction under section 5(a)(2) of 
                the Federal Trade Commission Act (15 U.S.C. 45(a)(2))--
                            (i) that deploys any covered algorithm;
                                    (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 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;
                                    (II) possesses, manages, modifies, 
                                handles, analyzes, controls, or 
                                otherwise uses identifying information 
                                about more than 1,000,000 consumers, 
                                households, or consumer devices for the 
                                purpose of developing or deploying any 
                                covered algorithm; or
                                    (III) is substantially owned, 
                                operated, or controlled by a person, 
                                partnership, 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 covered algorithm 
                                that is developed for implementation or 
                                use, or that the person, partnership, 
                                or corporation reasonably expects to be 
                                implemented or used by any person, 
                                partnership, 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 purposes 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 increase (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.
            (7) Critical decision.--The term ``critical decision'' 
        means a decision or judgment that has any legal, material, or 
        similarly significant effect on a consumer's life relating to 
        access to or the cost, terms, or availability of--
                    (A) education and vocational training, including 
                assessment, accreditation, or certification;
                    (B) employment, workers management, or self-
                employment;
                    (C) essential utilities, such as electricity, heat, 
                water, internet or telecommunications access, or 
                transportation;
                    (D) family planning, including adoption services or 
                reproductive services;
                    (E) financial services, including any financial 
                service provided by a mortgage company, mortgage 
                broker, or creditor;
                    (F) healthcare, including mental healthcare, 
                dental, or vision;
                    (G) housing or lodging, including any rental or 
                short-term housing or lodging;
                    (H) legal services, including private arbitration 
                or mediation; or
                    (I) any other service, program, or opportunity 
                decisions about which have a comparably legal, 
                material, or similarly significant effect on a 
                consumer's life as determined by the Commission through 
                rulemaking.
            (8) Deploy.--The term ``deploy'' means to implement, use, 
        or make available for sale, license, or other commercial 
        relationship.
            (9) Develop.--The term ``develop'' means to design, code, 
        produce, customize, or otherwise create or modify.
            (10) Identifying information.--The term ``identifying 
        information'' means any information, regardless of how the 
        information is collected, inferred, predicted, or obtained that 
        identifies or represents 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.
            (11) Impact assessment.--The term ``impact assessment'' 
        means the ongoing study and evaluation of a covered algorithm 
        and its impact on consumers.
            (12) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, and any territory or 
        possession of the United States.
            (13) Summary report.--The term ``summary report'' means 
        documentation of a subset of information required to be 
        addressed by the impact assessment as described in this Act or 
        determined appropriate by the Commission.
            (14) Third-party decision recipient.--The term ``third-
        party decision recipient'' means any person, partnership, or 
        corporation (beyond the consumer 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 deployment of 
        a covered algorithm.

SEC. 3. ASSESSING THE IMPACT OF COVERED ALGORITHMS.

    (a) Acts Prohibited.--
            (1) In general.--It is unlawful for--
                    (A) any covered entity to violate a regulation 
                promulgated under subsection (b); or
                    (B) any person to knowingly provide substantial 
                assistance to any covered entity in violating 
                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 Standards 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 with section 553 of title 5, United States Code, 
        that--
                    (A) require each covered entity to perform impact 
                assessment of any covered algorithm--
                            (i) that was developed for implementation 
                        or use, or that the covered entity reasonably 
                        expects to be implemented or used, by any 
                        person, partnership, or corporation that meets 
                        the requirements described in section 
                        2(6)(A)(i); and
                            (ii) both prior to and after deployment by 
                        the covered entity;
                    (B) require each covered entity to maintain 
                documentation of any impact assessment performed under 
                subparagraph (A), including the applicable information 
                described in section 4(a) for 3 years longer than the 
                duration of time for which the covered algorithm is 
                deployed;
                    (C) require each person, partnership, or 
                corporation that meets the requirements described in 
                section 2(6)(A)(i) to disclose their status as a 
                covered entity to any person, partnership, or 
                corporation that sells, licenses, or otherwise provides 
                through a commercial relationship any covered algorithm 
                deployed by the covered entity;
                    (D) require each covered entity to submit to the 
                Commission, on an annual basis, a summary report for 
                ongoing impact assessment of any deployed covered 
                algorithm;
                    (E) require each covered entity to submit an 
                initial summary report to the Commission for any new 
                covered algorithm prior to its deployment by the 
                covered entity;
                    (F) allow any person, partnership, or corporation 
                over which the Commission has jurisdiction under 
                section 5(a)(2) of the Federal Trade Commission Act (15 
                U.S.C. 45(a)(2)) that deploys any covered algorithm, 
                but is not a covered entity, to submit to the 
                Commission a summary report for any impact assessment 
                performed with respect to such algorithm;
                    (G) require each covered entity, in performing 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 relevant 
                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 technology experts) as frequently as 
                necessary;
                    (H) require each covered entity to attempt to 
                eliminate or mitigate, in a timely manner, any impact 
                made by a covered algorithm that demonstrates a likely 
                material negative impact that has legal or similarly 
                significant 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;
                            (ii) what constitutes ``possession'', 
                        ``management'', ``modification'', and 
                        ``control'' with respect to identifying 
                        information;
                            (iii) the different categories of third-
                        party decision recipients that a covered entity 
                        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(7) for the purpose of 
                        informing consumers, covered entities, 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 entity to 
                prioritize different covered algorithms 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 
                        documentation of a covered algorithm may only 
                        be possible at particular stages of the 
                        development and deployment of such algorithm 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 entity and consumers;
                            (ii) the duration of time between summary 
                        report submissions and the timeliness of the 
                        reported information;
                            (iii) the administrative burden placed on 
                        the Commission and the covered entity;
                            (iv) the benefits of standardizing and 
                        structuring summary reports for comparative 
                        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 requirements 
                        established by the Commission, and the 
                        Commission may allow or require submission of 
                        incomplete reports;
                            (vi) that existing data privacy and other 
                        regulations may inhibit a covered entity from 
                        storing or sharing certain information; and
                            (vii) that a covered entity may require 
                        information from other persons, partnerships, 
                        or corporations that develop any covered 
                        algorithm by the covered entity for the purpose 
                        of performing impact assessment; and
                    (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(7) or any subcategory developed by 
                        the Commission; and
                            (ii) stages of development and deployment 
                        of a covered algorit