Sec. 201. Civil rights, algorithm bias, detection, and mitigation
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/bill/117/s/2499/is/section-201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A covered entity, service provider, or third party may not collect, process, or transfer covered data in violation of Federal civil rights laws. Whenever the Commission obtains information that a covered entity may have processed or transferred covered data in violation of Federal civil rights laws, the Commission shall transmit such information (excluding any such information that is a trade secret as defined by section 1839 of title 18, United States Code) to the appropriate Executive agency or State agency with authority to initiate proceedings relating to such violation.
Beginning in 2022, the Commission shall submit an annual report to Congress that includes— a summary of the types of information the Commission transmitted to Executive agencies or State agencies during the preceding year pursuant to this subsection; and a summary of how such information relates to Federal civil rights laws. The Commission may implement this subsection by executing agreements or memoranda of understanding with the appropriate Executive agencies. Notwithstanding section 404, nothing in this subsection shall supersede any other provision of law.
The Commission shall conduct a study, using the Commission's authority under section 6(b) of the Federal Trade Commission Act ( 15 U.S.C. 46(b) ), examining the use of algorithms to process covered data in a manner that may violate Federal anti-discrimination laws. Not later than 3 years after the date of enactment of this Act, the Commission shall publish a report containing the results of the study required under subparagraph (A). The Commission shall use the results of the study described in subparagraph
(A)to develop guidance to assist covered entities in avoiding the use of algorithms to process covered data in a manner that violates Federal civil rights laws. Not later than 5 years after the publication of the report required under paragraph (1), the Commission shall publish an updated report.
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Sec. 201
Civil rights, algorithm bias, detection, and mitigation
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