S. 3680: Eliminating Bias in Algorithmic Systems Act of 2026

The Eliminating Bias in Algorithmic Systems Act of 2026 aims to address concerns regarding bias and discrimination in algorithms used by government agencies. The bill outlines several key provisions:

Definitions

The bill defines several important terms, including:

• Agency: Any entity that falls under the definitions provided in section 3502 of title 44, United States Code.
• Covered agency: An agency that uses, funds, procures, develops, or oversees algorithms that could impact programs or economic opportunities.
• Covered algorithm: Any computational processes that utilize advanced techniques such as machine learning or artificial intelligence and have a significant impact on agency operations, economic opportunities, or individual rights.
• Protected characteristics: Attributes such as race, ethnicity, gender, disability, and other classifications that are legally protected from discrimination.

Establishment of Civil Rights Offices

Each covered agency is required to establish an office of civil rights. These offices will employ experts focused on identifying and addressing bias and discrimination associated with algorithms. Their role will include:

• Assessing how algorithms may harm individuals based on protected characteristics.
• Reporting on the prevalence of bias and discrimination in algorithms used by the agency.

Reporting Requirements

Within one year of the bill's enactment, and every two years thereafter, the offices of civil rights must submit detailed reports to relevant congressional committees. These reports will include:

• The current state of technology concerning algorithms and related risks.
• Steps taken by the agency to mitigate any identified harms.
• Engagement with stakeholders, including industry representatives and civil rights organizations, in addressing algorithmic bias and discrimination.
• Recommendations for potential legislative or administrative actions based on findings related to bias and discrimination in algorithmic processes.

Interagency Coordination

Within one year of enactment, the Assistant Attorney General leading the Civil Rights Division of the Department of Justice must establish an interagency working group on algorithms and civil rights, which will include representatives from the civil rights offices in covered agencies. This group will facilitate collaboration and information sharing across different agencies regarding the impact of algorithms on civil rights.

Funding Authorization

The bill authorizes the allocation of necessary funds to each covered agency to help implement the provisions outlined in the Act.

Relevant Companies

None found.