S. 3680

119 S3680 IS: Eliminating Bias in Algorithmic Systems Act of 2026
 U.S. Senate
 2026-01-15
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 EN
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 II  119th CONGRESS  2d Session  S. 3680  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.
1.
Short title
This Act may be cited as the   Eliminating Bias in Algorithmic Systems Act of 2026  .
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.
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.