[Congressional Record Volume 165, Number 62 (Wednesday, April 10, 2019)]
[Senate]
[Page S2389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Booker):
  S. 1108. A bill to direct the Federal Trade Commission to require 
entities that use, store, or share personal information to conduct 
automated decision system impact assessments and data protection impact 
assessments; to the Committee on Commerce, Science, and Transportation.
  Mr. WYDEN. Mr. President, today I, along with my colleague Senator 
Booker of New Jersey, are introducing the Algorithmic Accountability 
Act. This bill is a critical first step to address the use of biased or 
discriminatory algorithmic decisions impacting American consumers. It 
is a bicameral effort, led in the House of Representatives by 
Congresswoman Yvette Clarke, vice chair of the Energy and Commerce 
Committee.
  Today's biggest companies are increasingly using algorithms to make 
decisions about consumers. The use by companies of algorithms can often 
benefit consumers, and these technologies have been critical in the 
creation of thousands of American companies. Alongside this beneficial 
proliferation, algorithms have become entrenched in the most life-
changing of decisions. Algorithms can now determine whether Americans 
are hired for a dream job, are approved for a home mortgage, or even 
sent to jail.
  But, as history has shown, a win for the corporation is not always a 
win for the consumer. And, in this case, when consumers lose, all too 
often they are a woman or an American of color. Though an innovation 
critical for future growth, algorithms can be as discriminatory as the 
humans they have begun to replace.
  The issue is a simple one: While algorithms come to conclusions based 
on calculations, these calculations are created by humans or use data 
collected and supplied by humans. And, unfortunately, we humans can be 
biased, whether we know it or not, or we can created algorithms that, 
in time, create biases of their own.
  Thanks to a flood of news reports and investigations detailing 
algorithms-gone-wrong, these issues are coming to light. Yet, American 
companies and the U.S. government are doing far too little to assess 
whether their own algorithms depend on biased assumptions, have created 
biases assumptions, and have the effect of increasing discrimination in 
the U.S.
  Senator Booker and I intend to change that by ensuring that today's 
racial, social, and gender biases do not become entrenched in the 
automation of tomorrow.
  Our bill has four main components.
  First, it authorizes the Federal Trade Commission to create 
regulations requiring companies under its jurisdiction to conduct 
impact assessments of highly sensitive algorithms. This requirement 
would apply not only to new algorithmic systems, but also those that 
are both new and already in existence.
  Second, it requires companies to assess their use of algorithms--
including any relevant training data--for impacts on accuracy, 
fairness, bias, discrimination, privacy, and security.
  Third, it requires companies to evaluate how their information 
systems protect the privacy and security of consumers' personal 
information.
  And, finally, it requires companies to correct any issues they 
discover during the impact assessments.
  This legislation is in no way intended to hinder the adoption by 
American companies of advanced technologies like algorithms. Automated 
decision systems are out there, and they are being adopted into 
commercial decision-making processes.
  What we are seeking to do with this bill is to ensure that companies 
take a hard look at their own technologies to ensure that they address 
any unintended side effects.
  Mr. President, it is time for Congress to get involved by requiring 
companies to address biases and unintended discriminatory effects in 
their automated decision systems.
  I thank my colleague Senator Booker for his efforts on this bill, and 
I hope the Senate will promptly consider and pass this critical 
legislation.
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