H.R. 6356

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6356 Introduced in House (IH)]

<DOC>

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. Garcia of Illinois, and Mrs. Foushee) introduced the 
following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committee on Oversight and Government 
Reform, for a period to be subsequently determined 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 Representatives 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''.
(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 ``collect'' and 
``collection'', with respect to personal data, mean buying, 
renting, gathering, obtaining, receiving, accessing, or 
otherwise acquiring such data by any means.
(2) Commercial act.--The term ``commercial act'', with 
respect to a covered algorithm, means an act conducted for 
monetary or other valuable consideration, including conducting 
an activity in furtherance of obtaining such consideration.
(3) Commission.--The term ``Commission'' means the Federal 
Trade Commission.
(4) Consequential action.--The term ``consequential 
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, disciplinary actions including suspension, 
expulsion, or referral to law enforcement, eligibility 
for graduation, 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 appraisals, 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, treatment 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, immigration 
determinations or enforcement, border control (vetting, 
screening, and inspection), child protective services, 
child welfare, and family services, including risk and 
threat assessments, situational awareness and threat 
detection, investigations, watchlisting, bail 
determinations, sentencing, administration of parole, 
surveillance, use of unmanned vehicles and machines, 
and predictive policing.
(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 damages, and binding and nonbinding 
determinations in arbitration, mediation, or other 
alternative dispute resolution.
(J) Elections, including voting, requirements for 
documentation or proof of identity to vote or register 
to vote (and determinations about whether an individual 
meets those requirements), redistricting, polling place 
resources, reduction or alteration of multilingual or 
English language voting materials, alteration of the 
manner in which voting materials are provided or 
distributed, reduction, consolidation, or relocation of 
voting locations in elections for Federal, State, or 
local office (including early, absentee, and election-
day voting locations), 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 administration, 
including maintenance processes for voter registration 
lists that add a new basis for removal from the list of 
active voters registered 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 assignment 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 individual'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 computational 
processing techniques of similar or greater complexity, 
that, with respect to a consequential 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 making; 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-identified data'' 
means information--
(A) that does not identify and is not linked or 
reasonably linkable to an individual or a device, 
regardless of whether the information is aggregated; 
and
(B) with respect to which any developer or deployer 
using such information--
(i) takes reasonable technical measures to 
ensure that the information cannot, at any 
point, be used to re-identify any individual or 
device that identifies or is linked or 
reasonably linkable to an individual;
(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 
developer or deployer--
(I) to comply with all of the 
provisions of this paragraph with 
respect to such information; and
(II) to require that such 
contractual obligations be included in 
all subsequent instances for which the 
information 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 interpreted to be 
mutually exclusive.
(9) Developer.--
(A) In general.--The term ``developer'' means any 
person that designs, codes, customizes, 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 commercial 
act; or
(ii) for use by a government entity.
(B) Assumption of developer responsibilities.--In 
the event that a deployer uses an algorithm as a 
covered algorithm, and no person is considered the 
developer of the algorithm 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 interpreted 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 characteristic.
(B) Unjustified differential effect.--For purposes 
of subparagraph (A), with respect to the action, 
policy, or practice of a developer or deployer, a 
differential effect is unjustified if--
(i) the developer or deployer fails to 
demonstrate that such action, policy, or 
practice causing the differential effect is 
necessary to achieve a substantial, legitimate, 
and nondiscriminatory interest; or
(ii) in the event the developer or deployer 
demonstrates such interest, an alternative 
action, policy, or practice could serve such 
interest with less differential effect.
(C) Application to covered algorithms.--With 
respect to demonstrating that a covered algorithm 
causes or contributes to a differential effect, the 
covered algorithm is presumed to be not separable for 
analysis and may be analyzed holistically as a single 
action, policy, 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 adverse effect on 
an individual or group of individuals--
(A) on the basis of a protected characteristic;
(B) that involves the use of force, coercion, 
harassment, intimidation, or detention; or
(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 exercises objective and impartial 
judgment on all issues within the scope of such 
evaluation or assessment.
(B) Exclusion.--An individual is not an independent 
auditor of a covered algorithm if such individual--
(i) is or was involved in using, 
developing, offering, licensing, or deploying 
the covered algorithm for a commercial act;
(ii) at any point during the pre-deployment 
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, offers, or licenses the 
covered algorithm; or
(iii) at any point during the pre-
deployment evaluation or impact assessment, has 
a direct financial interest, a reasonably 
foreseeable future financial interest, or a 
material indirect financial interest in a 
developer or deployer that uses, offers, or 
licenses 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 respect to 
personal data, means to conduct or direct any operation or set 
of operations performed on such data, including analyzing, 
organizing, structuring, retaining, storing, using, or 
otherwise handling such data.
(16) 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.
(17) Public accommodation.--
(A) In general.--The term ``public accommodation'' 
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 pathway 
open to the general public;
(iii) a means of public transportation; or
(iv) a publicly owned or operated facility 
open to the general public.
(B) Exclusions.--The term ``public accommodation'' 
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 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 supervises, 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,
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 algorithm for 
the sole purpose of--
(A) a developer's or deployer's self-testing (or 
auditing by an independent auditor at a developer's or 
deployer's request) to identify, prevent, or mitigate 
discrimination, or otherwise to ensure compliance with 
obligations, under Federal law;
(B) expanding an applicant, participant, or 
customer pool to raise the likelihood of increasing 
diversity or redressing historic discrimination; 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)).

SEC. 102. PRE-DEPLOYMENT EVALUATIONS AND POST-DEPLOYMENT IMPACT 
ASSESSMENTS.

(a) Pre-Deployment Evaluations.--Prior to deploying, licensing, or 
offering a covered algorithm (including deploying a material change to 
a previously-deployed covered algorithm or a material change made prior 
to deployment) for a consequential action, a developer or deployer 
shall conduct a pre-deployment evaluation in accordance 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 
developer's expected use or the deployer's 
intended 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 plausible, 
conduct a full pre-deployment evaluation as 
described in paragraph (2).
(C) Previously-deployed covered algorithms.--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 
algorithm 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 evaluation.--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.
(ii) Pre-deployment evaluation 
requirements.--The evaluation required under 
clause (i) shall include a detailed review and 
description, sufficient for an individual 
having ordinary skill in the art to understand 
the functioning, risks, uses, benefits, 
limitations, and other pertinent attributes of 
the covered algorithm, including--
(I) the covered algorithm's design 
and methodology, including the inputs 
the covered algorithm is designed to 
use to produce an output and the 
outputs the covered algorithm is 
designed to produce;
(II) how the covered algorithm was 
created, trained, and tested, 
including--
(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 
representation 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 
stakeholders, including any 
communities 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 
evaluation, and how and why 
such characteristics were used, 
including--

(AA) whether the 
testing occurred in 
comparable contextual 
conditions to the 
conditions in which the 
covered algorithm is 
expected to be used; 
and

(BB) if protected 
characteristics were 
not available to 
conduct such testing, a 
description of 
alternative methods the 
developer used to 
conduct the required 
assessment;

(ff) any other 
computational algorithm 
incorporated into the 
development of the covered 
algorithm, regardless of 
whether such precursor 
computational algorithm 
involves a consequential 
action;
(gg) a description of the 
data and information used to 
develop, test, maintain, or 
update the covered algorithm, 
including--

(AA) each type of 
personal 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 
authorization for 
collecting and 
processing the personal 
data; and

(CC) an explanation 
of how the data 
(including personal 
data) used is 
representative, 
proportional, and 
appropriate to the 
development 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 have 
a disparate impact in the equal 
enjoyment of goods, services, or other 
activities or opportunities, and a 
description of such potential harm or 
disparate impact;
(IV) alternative practices and 
recommendations to prevent or mitigate 
harm and recommendations for how the 
developer could monitor for harm after 
offering, licensing, or deploying the 
covered algorithm; and
(V) any other information 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 
Commission pursuant to section 553 of 
title 5, United States Code.
(iii) Report.--The independent auditor 
shall submit to the developer a report on the 
evaluation conducted under this subparagraph, 
including the findings and recommendations of 
such independent auditor.
(B) For deployers.--
(i) Independent auditor evaluation.--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 review and 
description, sufficient for an individual 
having ordinary skill in the art to understand 
the functioning, risks, uses, benefits, 
limitations, and other pertinent attributes of 
the covered algorithm, including--
(I) the manner in which the covered 
algorithm makes or contributes to a 
consequential action and the purpose 
for which the covered algorithm will be 
deployed;
(II) the necessity and 
proportionality of the covered 
algorithm in relation to its planned 
use, including the intended benefits 
and limitations of the covered 
algorithm and a description of the 
baseline process being enhanced or 
replaced by the covered algorithm, if 
applicable;
(III) the inputs that the deployer 
plans to use to produce an output, 
including--
(aa) the type of personal 
data and information used and 
how the personal data and 
information 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 
algorithm;
(IV) the outputs the covered 
algorithm is expected to produce and 
the outputs the covered algorithm 
actually produces in testing;
(V) a description of any additional 
testing or training completed by the 
deployer for the context in which the 
covered algorithm will be deployed;
(VI) a description of any 
consultation with relevant 
stakeholders, including any communities 
that will be impacted by the covered 
algorithm, regarding the deployment of 
the covered algorithm;
(VII) the potential for the covered 
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 algorithm 
will be deployed and a description of 
such potential harm or disparate 
impact;
(VIII) alternative practices and 
recommendations to prevent or mitigate 
harm in the context in which the 
covered algorithm will be deployed and 
recommendations for how the deployer 
could monitor for harm after offering, 
licensing, or deploying the covered 
algorithm; and
(IX) any other information 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 
Commission pursuant to section 553 of 
title 5, United States Code.
(iii) Report.--The independent auditor 
shall submit to the deployer a report on the 
evaluation conducted under this subparagraph, 
including the findings and recommendations of 
such independent auditor.
(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:
(1) Preliminary impact assessment.--The deployer shall 
conduct a preliminary impact assessment 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 assessment 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 assessment with respect to the reporting period, 
including--
(A) an assessment of the harm that resulted or was 
reasonably likely to have been produced during the 
reporting period;
(B) a description of the extent to which the 
covered algorithm produced a disparate impact 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 descriptions 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 covered 
algorithm produced the outputs it was expected to 
produce;
(E) a detailed description of how the covered 
algorithm was used to make a consequential action;
(F) any action taken to prevent or mitigate harms, 
including how relevant staff are informed of, trained 
about, and implement harm mitigation policies and 
practices, and recommendations for how the deployer 
could monitor for and prevent harm after offering, 
licensing, or deploying the covered algorithm; and
(G) any other information 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 
Commission pursuant to section 553 of title 5, United 
States Code.
(3) Reports.--
(A) To the deployer.--After the engagement of the 
independent auditor, the independent 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 deployer shall submit to the 
developer of the covered algorithm a summary of such 
report, subject to the trade secret and privacy 
protections described in subsection (e)(3).
(c) Developer Annual Review of Assessments.--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 covered 
algorithm, including the methodology for assessing 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 algorithm is producing.
(3) To assess whether the deployer is complying with any 
relevant contractual agreement with the developer and whether 
any remedial action is necessary.
(4) To compare the covered algorithm's performance in real-
world conditions versus pre-deployment testing, including the 
methodology used to evaluate such performance.
(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 disparate impact in the 
equal enjoyment of goods, services, or other activities or 
opportunities, and, if so, how and with respect to which 
protected characteristic.
(7) To determine whether the covered algorithm needs 
modification.
(8) To determine whether any other action is appropriate to 
ensure that the covered algorithm remains safe and effective.
(9) To undertake any other assessment or responsive 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 
Commission pursuant to section 553 of title 5, United States 
Code.
(d) Joint Developer and Deployer Obligations.--If a person is both 
the developer and deployer of a covered algorithm, the person may 
conduct combined pre-deployment evaluations and annual assessments, 
provided that each combined evaluation or assessment satisfies 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 impact assessment, or 
developer annual review of assessments shall--
(A) not later than 30 days after completion, submit 
the evaluation, assessment, or review to the 
Commission;
(B) upon request, make the evaluation, assessment, 
or review available to Congress; and
(C) not later than 30 days after completion--
(i) publish a summary of the evaluation, 
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 Commission.
(2) Retention.--A developer or deployer shall retain all 
evaluations, assessments, and reviews described in this section 
for a period of not fewer than 10 years.
(3) Trade secrets and privacy.--A developer 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 subsection.
(f) Rulemaking.--
(1) Authority.--The Commission may, in accordance 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 
developer or deployer shall consider in making 
the preliminary evaluation or preliminary 
impact assessment described in subsections 
(a)(1) and (b)(1), respectively;
(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 permitted 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).
(2) Take reasonable measures to ensure that an independent 
auditor has all necessary information to complete an accurate 
and effective pre-deployment evaluation described in section 
102(a) or an impact assessment described in section 102(b).
(3) With respect to a covered algorithm, consult 
stakeholders, including any communities that will be impacted 
by the covered algorithm, regarding the development or 
deployment of the covered algorithm prior to the deploying, 
licensing, or offering the covered algorithm.
(4) With respect to a covered algorithm, certify that, 
based on the results of a pre-deployment evaluation described 
in section 102(a) or an impact assessment described in section 
102(b)--
(A) use of the covered algorithm is not likely to 
result in harm or disparate impact in the equal 
enjoyment of goods, services, or other activities or 
opportunities;
(B) the benefits from the use of the covered 
algorithm to individuals affected by the covered 
algorithm likely outweigh the harms from the use of the 
covered algorithm to such individuals; and
(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 reasonable 
performance by an individual with ordinary 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, development, 
deployment, or use of the covered algorithm is relevant and 
appropriate to the deployment context and the publicly-
advertised purpose or use.
(7) Ensure use of the covered algorithm as intended 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 developer or deployer.
(c) Off-Label Use.--
(1) Developers.--It shall be unlawful for a developer to 
knowingly offer or license a covered algorithm for any 
consequential action other than those evaluated in the pre-
deployment evaluation described 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 responsibilities 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, including--
(A) making available a report of the pre-deployment 
evaluation described in section 102(a) or the annual 
review of assessments conducted by the developer under 
section 102(c); and
(B) providing information necessary to enable the 
deployer to conduct and document a 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 policies and practices 
in support of the obligations under this Act using an 
appropriate and accepted control standard or framework 
and assessment procedure for such assessments, and 
provide 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 performed 
on behalf of the deployer;
(B) clearly sets forth--
(i) instructions for collecting, 
processing, 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 covered 
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 material 
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 the developer or deployer 
received from or collected 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 developer 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 developer is providing a service to a government entity.

SEC. 203. HUMAN ALTERNATIVES AND OTHER PROTECTIONS.

(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 section 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 
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 request 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 actions for 
which a human alternative is appropriate, considering 
the magnitude of the action and risk of harm.
(D) The extent to which a human alternative would 
be beneficial to individuals and the public interest.
(E) The extent to which a human alternative can 
prevent or mitigate harm.
(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 Commission deems 
appropriate to balance the need to give an individual 
control over a consequential action related to such 
individual with the practical 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 exercise of any individual right under this 
Act or individual choice through--
(1) the use of any false, fictitious, fraudulent, or 
materially misleading statement or representation; or
(2) the design, modification, or manipulation of any user 
interface with the purpose or substantial effect of obscuring, 
subverting, or impairing a reasonable individual's autonomy, 
decision making, or choice to exercise any such right.
(c) Right To Appeal.--
(1) Rulemaking.--Not later than 2 years after the date of 
enactment of this Act, the Commission shall promulgate 
regulations in accordance with section 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 disabilities, timely, 
usable, effective, and non-discriminatory.
(D) Require, where appropriate, a mechanism for 
individuals to identify and correct any personal data 
used by the covered algorithm.
(E) Specify training requirements for human 
reviewers with respect to a consequential action.
(F) Consider any other circumstances, procedures, 
or matters the Commission deems appropriate to balance 
the need to give an individual a right to appeal a 
consequential action related to such individual with 
the practical feasibility and effectiveness of granting 
such right.

SEC. 204. PROHIBITION ON RETALIATION; WHISTLEBLOWER 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 activities 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 assisted 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 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 directly related to the value provided to the 
developer 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, discounts, or club card 
programs that provide benefits or rewards based on 
frequency of patronizing, or the amount of money spent 
at, a business 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 retaliate against an individual for 
raising a concern, reporting or attempting to report a violation of 
this Act, or cooperating 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, conspicuous, not 
misleading, easy-to-read, and readily accessible 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 required 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 inquiry concerning 
a covered algorithm or individual rights under this 
Act); and
(B) any other entity within the same corporate 
structure as the developer or deployer to which 
personal data is transferred by the developer or 
deployer.
(2) A link to the website containing the developer or 
deployer's summaries of pre-deployment evaluations, impact 
assessments, and annual review of assessments, as applicable.
(3) The categories of personal data the developer or 
deployer collects or processes in the development or deployment 
of a covered algorithm and the processing purpose for each such 
category.
(4) Whether the developer or deployer transfers personal 
data, and, if so, each third party to which the developer or 
deployer transfers such data and the purpose for which such 
data is transferred, except with respect to a transfer to a 
governmental entity pursuant to a court order or law that 
prohibits the developer or deployer from disclosing such 
transfer.
(5) A prominent description of how an individual can 
exercise the rights described in this Act.
(6) A general description of the developer or deployer's 
practices for compliance with the requirements described in 
sections 102 and 201.
(7) The following disclosure:
``The audit of this algorithm was conducted to comply with 
the Artificial Intelligence Civil Rights Act of 2025, which 
seeks to avoid the use of any algorithm that has a disparate 
impact on certain protected classes of individuals. The audit 
does not guarantee that this algorithm is safe or in compliance 
with all applicable laws.''.
(8) The effective date of the disclosure.
(c) Languages.--The disclosure required under subsection (a) shall 
be made available in each covered language in which the developer or 
deployer operates or provides a good or service.
(d) Accessibility.--Any disclosure provided under this section 
shall be made available in a manner that is reasonably accessible to 
and usable by individuals with disabilities.
(e) Material Changes.--
(1) Notification.--If a developer or deployer makes a 
material change to the disclosure required under subsection 
(a), the developer or deployer shall notify each individual 
affected by such material change prior to implementing the 
material change.
(2) Requirements.--Each developer or deployer shall take 
all reasonable measures to provide to each affected individual 
a direct electronic notification regarding any material change 
to the disclosure, in each covered language in which the 
disclosure is made available, and taking into account available 
technology and the nature of the relationship with such 
individual.
(3) Log of material changes.--
(A) Retention period.--Beginning after the date of 
enactment of this Act, each developer or deployer shall 
retain a copy of each previous version of the 
disclosure required under subsection (a) for a period 
of at least 10 years after the last day on which such 
version was effective and publish each such version on 
its website.
(B) Log of material changes.--Each developer or 
deployer shall make publicly available, in a clear, 
conspicuous, and readily accessible manner, a log 
describing the date and nature of each material change 
to its disclosure during the retention period described 
in subparagraph (A), and such descriptions shall be 
sufficient for a reasonable individual to understand 
the material effect of each material change.
(C) Clarification.--The obligations described in 
this paragraph shall not apply to any previous version 
of a developer or deployer's disclosure of practices 
regarding the collection, processing, and transfer of 
personal data, or any material change to such 
disclosure, that precedes the date of enactment of this 
Act.
(f) Short-Form Notice.--
(1) In general.--A deployer shall provide a short-form 
notice regarding a covered algorithm it develops, offers, 
licenses, or uses in a manner that--
(A) is concise, clear, conspicuous, in plain 
language, and not misleading;
(B) is readily accessible to individuals with 
disabilities;
(C) is based on what is reasonably anticipated 
within the context of the relationship between the 
individual and the deployer;
(D) includes an overview of each applicable 
individual right and disclosure in a manner that draws 
attention to any practice that may be unexpected to a 
reasonable individual or that involves a consequential 
action;
(E) is not more than 500 words in length; and
(F) is available to the public at no cost.
(2) Timing of notice.--
(A) Existing relationship.--If a deployer has a 
relationship with an individual, the deployer shall 
provide an electronic version of the short-form notice 
directly to the individual upon the individual's first 
interaction with the covered algorithm.
(B) No relationship.--If a deployer does not have a 
relationship with an individual, the deployer shall 
provide the short-form notice in a clear, conspicuous, 
accessible, and not misleading manner on their website.
(3) Rulemaking.--The Commission shall promulgate 
regulations in accordance with section 553 of title 5, United 
States Code, specifying the minimum content required to be 
included in the short-form notice described in paragraph (1), 
which--
(A) shall not exceed the content requirements 
described in subsection (b); and
(B) shall include a template or model for such 
short-form notice.
(g) Reporting Mechanism.--Each developer or deployer shall make 
publicly available, in a clear, conspicuous, and readily accessible 
manner, a mechanism for an individual impacted by a covered algorithm 
to report to the developer or deployer potential violations of this 
Act.

SEC. 302. STUDY ON EXPLANATIONS REGARDING THE USE OF COVERED 
ALGORITHMS.

(a) Study.--
(1) In general.--The Commission shall conduct a study, with 
notice and public comment, on the feasibility of requiring 
deployers to provide a clear, conspicuous, easy-to-use, no-cost 
mechanism that is accessible for individuals with disabilities 
and allows an individual to receive an explanation as to 
whether and how a covered algorithm used by the deployer 
affects or affected an individual.
(2) Requirements.--The study required under paragraph (1) 
shall include the following:
(A) An overview of the purposes for which an 
explanation would be provided to an individual and the 
extent to which an explanation would feasibly serve 
such purposes.
(B) How explanations can be provided in a manner 
that is clear, conspicuous, easy-to-use, no-cost, 
accessible to individuals with disabilities, effective 
for individuals with limited English language 
proficiency, and calibrated to the level of risk based 
on the covered algorithm.
(C) An assessment of the feasibility of a 
requirement for deployers to provide a mechanism for 
individuals who may be affected or were affected by a 
covered algorithm to request an explanation that--
(i) includes information--
(I) regarding why the covered 
algorithm produced the result it 
produced with respect to the individual 
making the request; and
(II) that is truthful, accurate, 
and scientifically valid;
(ii) identifies at least the most 
significant factors used to inform the covered 
algorithm's outputs; and
(iii) includes any other information deemed 
relevant by the Commission to provide an 
explanation for an individual who may be 
affected or was affected by a covered 
algorithm.
(D) An assessment of what information a developer 
must provide a deployer in order to ensure explanations 
can be provided to individuals upon request.
(E) The extent to which current technical 
capabilities of covered algorithms impacts the 
feasibility of providing explanations.
(F) How a deployer can take reasonable measures to 
verify the identity of an individual making a request 
for an explanation to ensure that the deployer provides 
an explanation only to the affected individual, 
including steps a deployer should take to ensure the 
safe and secure storage, collection, and deletion of 
personal information.
(G) Recommendations for Congress on how to 
implement regulations around mechanisms for 
explanations.
(3) Consultation.--In conducting the study required under 
this subsection, the Commission shall consult with the National 
Institute of Science of Technology, the National 
Telecommunications and Information Administration, the Office 
of Science and Technology Policy, and any other agency deemed 
relevant by the Commission.
(b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Commission shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report that includes the 
findings of the study conducted under subsection (a), together with 
recommendations for such legislation and administrative action as the 
Commission determines appropriate.

SEC. 303. CONSUMER AWARENESS.

(a) Notice of Consumer Rights.--
(1) In general.--Not later than 90 days after the date of 
enactment of this Act, the Commission shall publish, on the 
internet website of the Commission, a web page that describes 
each provision, right, obligation, and requirement of this Act 
(categorized with respect to individuals, deployers, and 
developers) and the remedies, exemptions, and protections 
associated with this Act, in plain and concise language, in 
each covered language, and in an easy-to-understand, accessible 
manner.
(2) Updates.--The Commission shall update the information 
published under paragraph (1) as necessitated by any change in 
law, regulation, guidance, or judicial decision. Any such 
update shall be published in plain and concise language, in 
each covered language, and in an easy-to-understand, accessible 
manner.
(b) Annual Report.--Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Commission shall 
publish on the internet website of the Commission a report that--
(1) describes and summarizes the information contained in 
any pre-deployment evaluation, impact assessment, and developer 
review submitted to the Commission in accordance with this Act;
(2) describes broad trends, aggregated statistics, and 
anonymized information about performing impact assessments of 
covered algorithms, for the purposes of updating guidance 
related to impact assessments and summary reporting, oversight, 
and making recommendations to other regulatory agencies; and
(3) is accessible and machine readable in accordance with 
the 21st Century Integrated Digital Experience Act (44 U.S.C. 
3501 note).
(c) Publicly Accessible Repository.--
(1) Establishment.--
(A) In general.--Not later than 180 days after the 
Commission publishes the first annual report under 
subsection (b), the Commission shall develop a publicly 
accessible repository to publish each pre-deployment 
evaluation, impact assessment, and developer review 
submitted to the Commission in accordance with section 
102.
(B) Requirements.--The Commission shall design the 
repository established under subparagraph (A) to--
(i) be publicly available and easily 
discoverable on the internet website of the 
Commission;
(ii) allow users to sort and search the 
repository by multiple characteristics (such as 
by developer or deployer and date reported) 
simultaneously;
(iii) allow users to make a copy of or 
download the information obtained from the 
repository, including any subsets of 
information 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 experience 
and accessibility best practices, such as those 
described in the 21st Century Integrated 
Digital Experience Act (44 U.S.C. 3501 note); 
and
(v) include information about the design, 
use, and maintenance of the repository, 
including any other information determined 
appropriate by the Commission.
(2) Publication of additional summaries.--The Commission 
shall publish in the repository any pre-deployment evaluation, 
impact assessment, and developer review not later than 30 days 
after receiving such evaluation, assessment, or review, except 
if the Commission has good cause to delay such publication.
(3) Trade secrets and privacy.--The Commission--
(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;
(B) shall redact and segregate personal data from 
public disclosure under this subsection; and
(C) may withhold information as permitted under 
section 552 of title 5, United States Code.

TITLE IV--ENFORCEMENT

SEC. 401. ENFORCEMENT BY THE COMMISSION.

(a) Unfair or Deceptive Acts or Practices.--A violation of title I, 
II, or III or a regulation promulgated thereunder shall be treated as a 
violation of a rule defining an unfair or deceptive act or practice 
under section 18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)).
(b) Powers of the Commission.--
(1) In general.--Except as provided in subsection (c), the 
Commission shall enforce this Act and the regulations 
promulgated under this Act in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
and made a part of this Act.
(2) Privileges and immunities.--Any person who violates 
title I, II, or III or a regulation promulgated thereunder 
shall be subject to the penalties and entitled to the 
privileges and immunities provided in the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this Act shall be 
construed to limit the authority of the Commission under any 
other provision of law.
(4) Rulemaking.--The Commission may promulgate in 
accordance with section 553 of title 5, United States Code, 
such rules as may be necessary to carry out this Act.
(c) Jurisdiction.--Notwithstanding section 4, 5(a)(2), or 6 of the 
Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any 
jurisdictional limitation of the Commission, the Commission shall also 
enforce this Act and the regulations promulgated under this Act, in the 
same manner provided in subsections (a) and (b), with respect to--
(1) organizations not organized to carry on business for 
their own profit or that of their members;
(2) common carriers subject to the Communications Act of 
1934 (47 U.S.C. 151 et seq.) and all Acts amendatory thereof 
and supplementary thereto;
(3) a bank, savings and loan institution described in 
section 18(f)(3) of the Federal Trade Commission Act (15 U.S.C. 
57a(f)(3)), or Federal credit union described in section 
18(f)(4) of such Act;
(4) an air carrier or foreign air carrier subject to the 
Federal Aviation Act of 1958 (49 U.S.C. App. 1301 et seq.); or
(5) a person, partnership, or corporation subject to the 
Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), as 
amended.

SEC. 402. ENFORCEMENT BY STATES.

(a) In General.--In any case in which the attorney general of a 
State or a State data protection authority has reason to believe that 
an interest of the residents of the State has been or is threatened or 
adversely affected by the engagement of a person in a practice that 
violates title I, II, or III, or a regulation promulgated thereunder, 
the attorney general may, as parens patriae, bring a civil action on 
behalf of the residents of the State in an appropriate Federal district 
court of the United States that meets applicable requirements relating 
to venue under section 1391 of title 28, United States Code, to--
(1) enjoin any such violation by the person;
(2) enforce compliance with the requirements of this Act;
(3) obtain a permanent, temporary, or preliminary 
injunction or other appropriate equitable relief;
(4) obtain civil penalties in the amount of $15,000 per 
violation, or 4 percent of the defendant's average gross annual 
revenue over the preceding 3 years, whichever is greater;
(5) obtain damages, restitution, or other compensation on 
behalf of the residents of such State;
(6) obtain reasonable attorneys' fees and litigation costs; 
and
(7) obtain such other relief as the court may consider to 
be appropriate.
(b) Rights of the Commission.--
(1) Notice to the commission.--
(A) In general.--Subject to subparagraph (C), the 
attorney general of a State shall notify the Commission 
in writing that the attorney general intends to bring a 
civil action under subsection (a) before the filing of 
the civil action.
(B) Contents.--The notification required under 
subparagraph (A) with respect to a civil action shall 
include a copy of the complaint to be filed to initiate 
the civil action.
(C) Exception.--The notification described in 
subparagraph (A) shall not be required if the attorney 
general of the State determines that it is not feasible 
to provide such notice before filing the action.
(2) Intervention by the commission.--Not later than 180 
days after receiving notice under paragraph (1), the Commission 
shall have the right to intervene in the action that is the 
subject of the notice.
(3) Effect of intervention.--If the Commission intervenes 
in an action under subsection (a), it shall have the right--
(A) to be heard with respect to any matter that 
arises in that action; and
(B) file a petition for appeal.
(c) Investigatory Powers.--Nothing in this section may be construed 
to prevent the attorney general of a State from exercising the powers 
conferred on the attorney general by the laws of the State to--
(1) conduct investigations;
(2) administer oaths or affirmations; or
(3) compel the attendance of witnesses or the production of 
documentary or other evidence.
(d) Coordination With Relevant Agencies.--
(1) Consultation.--The Commission may consult with any 
relevant Federal agencies as necessary to carry out this Act.
(2) Memorandum of understanding.--Not later than 180 days 
after the date of enactment of this Act, the Commission, in 
coordination with any relevant Federal agencies, shall 
establish, through a memorandum of understanding--
(A) procedures for coordinating investigations and 
enforcement actions;
(B) protocols for information sharing and technical 
assistance;
(C) standards for determining the division of 
enforcement authority between the Commission and such 
Federal agencies; and
(D) processes for referral of complaints between 
agencies.

SEC. 403. PRIVATE RIGHT OF ACTION.

(a) Enforcement by Individuals.--
(1) In general.--Any individual or class of individuals 
alleging a violation of title I, II, or III, or a regulation 
promulgated thereunder, may bring a civil action in any court 
of competent jurisdiction.
(2) Relief.--In a civil action brought under paragraph (1) 
in which the plaintiff prevails, the court may award--
(A) treble damages or $15,000 per violation, 
whichever is greater;
(B) nominal damages;
(C) punitive damages;
(D) reasonable attorney's fees and litigation 
costs; and
(E) any other relief, including equitable or 
declaratory relief, that the court determines 
appropriate.
(3) Rights of the commission and state attorneys general.--
(A) In general.--Prior to an individual bringing a 
civil action under paragraph (1), such individual shall 
notify the Commission and the attorney general of the 
State where such individual resides, in writing and 
including a description of the allegations included in 
the civil action, that such individual intends to bring 
a civil action under such paragraph. Not later than 60 
days after receiving such notice, the Commission and 
State attorney general shall each or jointly make a 
determination and respond to such individual as to 
whether they will intervene in such action. The 
Commission and State attorney general shall have a 
right to intervene in any civil action under paragraph 
(1), and upon intervening, to be heard on all matters 
arising in such action and file petitions for appeal of 
a decision in such action. If a State attorney general 
does intervene, they shall only be heard with respect 
to the interests of the residents of their State.
(B) Retained authority.--Subparagraph (A) shall not 
be construed to limit the authority of the Commission 
or any applicable State attorney general to, at a later 
date, commence a civil action or intervene by motion if 
the Commission or State attorney general does not 
commence a proceeding or civil action within the 60-day 
period described in such subparagraph.
(b) Invalidity of Pre-Dispute Arbitration Agreements and Pre-
Dispute Joint Action Waivers.--
(1) In general.--Notwithstanding any other provision of 
law, no pre-dispute arbitration agreement or pre-dispute joint 
action waiver shall be valid or enforceable with regard to a 
dispute arising under this Act.
(2) Applicability.--Any determination as to whether or how 
this subsection applies to any dispute shall be made by a 
court, rather than an arbitrator, without regard to whether 
such agreement purports to delegate such determination to an 
arbitrator.
(3) Definitions.--For purposes of this subsection:
(A) Pre-dispute arbitration agreement.--The term 
``pre-dispute arbitration agreement'' means any 
agreement to arbitrate a dispute that has not arisen at 
the time of the making of the agreement.
(B) Pre-dispute joint-action waiver.--The term 
``pre-dispute joint-action waiver'' means an agreement, 
whether or not part of a pre-dispute arbitration 
agreement, that would prohibit or waive the right of 1 
of the parties to the agreement to participate in a 
joint, class, or collective action in a judicial, 
arbitral, administrative, or other related forum, 
concerning a dispute that has not yet arisen at the 
time of the making of the agreement.

SEC. 404. SEVERABILITY.

If any provision of this Act, or the application thereof to any 
person or circumstance, is held invalid, the remainder of this Act, and 
the application of such provision to other persons not similarly 
situated or to other circumstances, shall not be affected by the 
invalidation.

SEC. 405. RULES OF CONSTRUCTION.

(a) In General.--Nothing in this Act shall be construed to--
(1) waive or otherwise limit any requirement under the 
National Labor Relations Act (29 U.S.C. 151 et seq.) for an 
employer (as such term is defined in section 2 of such Act (29 
U.S.C. 152)) to bargain collectively regarding the deployment 
or effects of a covered algorithm;
(2) absolve an employer of any obligation to ensure a 
covered algorithm and its effects comply with health and safety 
laws;
(3) allow an employer to deploy a covered algorithm that 
interferes with the rights of employees under any Federal, 
State, or local law; or
(4) absolve any other duty or requirement under any other 
Federal, State, or local law.
(b) Otherwise Applicable Requirements and Authority.--No regulation 
or standard imposed under this Act may be construed in a manner that 
would lessen the stringency of the requirements of any applicable 
Federal or State agency that are otherwise applicable. This Act does 
not divest any such agency of any authority derived from any other 
applicable law.

TITLE V--FEDERAL RESOURCES

SEC. 501. OCCUPATIONAL SERIES RELATING TO ALGORITHM AUDITING.

Not later than 270 days after the date of enactment of this Act, 
the Director of the Office of Personnel Management shall exercise the 
authority of the Director under section 5105 of title 5, United States 
Code, to establish a new occupational series and associated policies 
covering Federal Government positions in the field of algorithm 
auditing (as described in the report of the Government Accountability 
Office entitled ``Artificial Intelligence: An Accountability Framework 
for Federal Agencies and Other Entities'' (GAO-21-519SP), dated June 
30, 2021), which shall include algorithm auditing practices, platform 
auditing, evaluation and assessment of artificial intelligence systems, 
computer security, independent evaluation and audits of computer 
systems, data science, statistics, auditing of anticompetitive 
practices, and related fields.

SEC. 502. ADDITIONAL FEDERAL RESOURCES.

(a) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission and other Federal agencies enumerated in 
this Act such sums as may be necessary to carry out this Act.
(b) Commission Personnel.--Notwithstanding any other provision of 
law, the Commission may hire not more than 500 additional personnel to 
accomplish the work of the Commission with respect to unfair or 
deceptive acts or practices relating to the development or deployment 
of covered algorithms in accordance with this Act.
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