[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3680 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3680
To require agencies that use, fund, or oversee algorithms to have an
office of civil rights focused on bias, discrimination, and other harms
of algorithms, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 15, 2026
Mr. Markey (for himself, Mr. Merkley, Mr. Welch, Ms. Warren, Mr.
Schiff, Mr. Wyden, and Mr. Booker) introduced the following bill; which
was read twice and referred to the Committee on Homeland Security and
Governmental Affairs
_______________________________________________________________________
A BILL
To require agencies that use, fund, or oversee algorithms to have an
office of civil rights focused on bias, discrimination, and other harms
of 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 ``Eliminating Bias in Algorithmic
Systems Act of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Covered agency.--The term ``covered agency'' means an
agency that--
(A) uses, funds, or procures a covered algorithm,
or funds or otherwise participates in the development
of a covered algorithm; or
(B) oversees, regulates, or advises on the
development or use of a covered algorithm.
(3) Covered algorithm.--The term ``covered algorithm''
means a process that--
(A) is--
(i) a computational process that uses
machine learning, natural language processing,
artificial intelligence techniques, or other
computational processing techniques of similar
or greater complexity; or
(ii) a computational process derived from a
process described in clause (i); and
(B) has the potential to have a material effect on
the impact of, access to, availability of, eligibility
for, cost of, terms of, or conditions of--
(i) a program operated or funded by an
agency;
(ii) an economic opportunity regulated by
an agency; or
(iii) rights protected by an agency.
(4) Protected characteristic.--The term ``protected
characteristic'' means any of the following actual or perceived
traits of an individual or group of individuals:
(A) Race.
(B) Color.
(C) Ethnicity.
(D) National origin, nationality, or immigration
status.
(E) Religion.
(F) Sex (including a sex stereotype, pregnancy,
childbirth, or a related medical condition, 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 offered).
(M) Age.
(N) Veteran status.
(O) Genetic information or medical conditions.
(P) Any other classification protected by Federal
law.
SEC. 3. CIVIL RIGHTS OFFICES AND REPORTING ON AI BIAS, DISCRIMINATION,
AND OTHER HARMS.
(a) Offices of Civil Rights.--The head of each covered agency shall
ensure that the covered agency has an office of civil rights that
employs experts and technologists focused on bias, discrimination, and
other harms, including the effect or tendency to subject communities,
groups, or individuals to bias based on, discrimination based on, or
other harms attributable to possessing or being perceived as possessing
a protected characteristic.
(b) Bias, Discrimination, and Other Harms Reports.--Not later than
1 year after the date of enactment of this Act, and every 2 years
thereafter, each office of civil rights of a covered agency established
under subsection (a) shall submit to each congressional committee with
jurisdiction over the covered agency a report that details--
(1) the state of the field and technology of covered
algorithms with respect to jurisdiction of the covered agency,
including risks relating to bias based on, discrimination based
on, and other harms attributable to possessing or being
perceived as possessing a protected characteristic;
(2) any relevant steps the covered agency has taken to
mitigate harms from covered algorithms relating to bias based
on, discrimination based on, and other harms attributable to
possessing or being perceived as possessing a protected
characteristic;
(3) actions the covered agency has taken to engage with
relevant stakeholders, including industry representatives,
businesses, civil rights advocates, consumer protection
organizations, other relevant civil society organizations,
academic experts, individuals with technical expertise,
organizations representing workers, and affected populations,
regarding bias, discrimination, and other harms including the
effect or tendency to subject communities, groups, or
individuals to bias based on, discrimination based on, and
other harms attributable to possessing or being perceived as
possessing a protected characteristic; and
(4) any relevant recommendations for legislation or
administrative action to mitigate bias based on, discrimination
based on, and other harms attributable to possessing or being
perceived as possessing a protected characteristic from covered
algorithms, as determined appropriate by the head of the
office.
(c) Interagency Working Group.--Not later than 1 year after the
date of enactment of this Act, the Assistant Attorney General in charge
of the Civil Rights Division of the Department of Justice shall
establish an interagency working group on covered algorithms and civil
rights, of which each office of civil rights of a covered agency
established under subsection (a) shall be a member.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to each covered agency such sums as may be necessary to
carry out this Act.
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