...edundancy to prevent prediction of subsequent validation numbers without knowledge of the checkcode algorithm and param-eters; (vii) For machine-readable vouchers and coupons, a bar code or other form of machine readable representation of the validation number, which must have enough redundancy and error c...

...quired for compliance with these re-strictions an NVNG MSS licensee shall use an orbital propagator algorithm with an accuracy equal to or greater than the NORAD propagator used by NOAA. (b) An NVNG licensee time sharing spectrum in the 137–138 MHz band must establish a 24-hour per day contact per-son and ...

...e-quired for compliance with this restric-tion an NVNG MSS licensee shall use an orbital propagator algorithm with an accuracy equal to or greater than the NORAD propagator used by DoD. (b) An NVNG licensee time sharing spectrum in the 400.15–401 MHz band must establish a 24-hour per day con-tact person an...

...chase, procurement, acquisition, licensing and implementation of artificial intelligence and 77 machine learning systems for the various state agencies of the commonwealth, provided that 5 of 778 such initiatives, projects and expenditures are in accordance with enterprise security policies and 79 other ...

...re applications and launching new lines of constituent communication through live chat, SMS and chatbot services will promote increased adoption and interoperability of the platform: as it scales it becomes more useful to users. • $30 million to modernize medical health records hosted by the Execut...

...m’’ means a computational process de- 7 rived from machine learning, natural language 8 processing, artificial intelligence techniques, or 9 other computational processing techniques of 10 similar or greater complexity, that, with respect 11 to a consequential action— 12 (i) creates or facilitates the creation of 13 a pro...

...ch 6 shall include algorithm auditing practices, platform audit-7 ing, evaluation and assessment of artificial intelligence 8 systems, computer security, independent evaluation and 9 audits of computer systems, data science, statistics, audit-10 ing of anticompetitive practices, and related fields. 11 SEC. 502. UNITED STA...

...(A) I N GENERAL .—The term ‘‘covered al- 6 gorithm’’ means a computational process de- 7 rived from machine learning, natural language 8 processing, artificial intelligence techniques, or 9 other computational processing techniques of 10 similar or greater complexity, that, with respect 11 to a consequential action...

...eployment 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. TITLE III—TRANSPARENCY Sec. 301. Notice and disclosure. Sec. 302. Study on...

.... 405. Rules of construction. TITLE V—FEDERAL RESOURCES Sec. 501. Occupational series relating to algorithm auditing. Sec. 502. United States Digital Service algorithm auditors. Sec. 503. Additional Federal resources. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) C OLLECT ; COLLECTION .—The terms ‘‘col- 3 l...

.... 501. Occupational series relating to algorithm auditing. Sec. 502. United States Digital Service algorithm auditors. Sec. 503. Additional Federal resources. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) C OLLECT ; COLLECTION .—The terms ‘‘col- 3 lect’’ and ‘‘collection’’, with respect to personal data, 4 me...

... Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB6 •S 5152 ISterm ‘‘covered algorithm’’ as the Commission 1 considers appropriate. 2 (5) C OVERED LANGUAGE .—The term ‘‘covered 3 language’’ means the 10 languages with the most 4 speakers in the United States, according to the most 5 re...

...ny person, other than an individual act- 20 ing in a non-commercial context, that uses a 21 covered algorithm in or affecting interstate 22 commerce. 23 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB8 •S 5...

...non-commercial context, that designs, 7 codes, customizes, produces, or substantially 8 modifies an algorithm that is intended or rea- 9 sonably likely to be used as a covered algorithm 10 for such person’s own use, or use by a third 11 party, in or affecting interstate commerce. 12 (B) A SSUMPTION OF DEVELO...

...tantially 8 modifies an algorithm that is intended or rea- 9 sonably likely to be used as a covered algorithm 10 for such person’s own use, or use by a third 11 party, in or affecting interstate commerce. 12 (B) A SSUMPTION OF DEVELOPER RESPON - 13 SIBILITIES .—In the event that a deployer uses 14 an algorit...

...e. 12 (B) A SSUMPTION OF DEVELOPER RESPON - 13 SIBILITIES .—In the event that a deployer uses 14 an algorithm as a covered algorithm, and no 15 person is considered the developer of the algo- 16 rithm for purposes of subparagraph (A), the 17 deployer shall be considered the developer of the 18 covered algori...

...F DEVELOPER RESPON - 13 SIBILITIES .—In the event that a deployer uses 14 an algorithm as a covered algorithm, and no 15 person is considered the developer of the algo- 16 rithm for purposes of subparagraph (A), the 17 deployer shall be considered the developer of the 18 covered algorithm for the purposes of...

...r purposes of subparagraph (A), the 17 deployer shall be considered the developer of the 18 covered algorithm for the purposes of this Act. 19 (C) R ULE OF CONSTRUCTION .—The terms 20 ‘‘developer’’ and ‘‘deployer’’ shall not be inter- 21 preted to be mutually exclusive. 22 (9) D ISPARATE IMPACT .— 23 (A) I N...

.... 16 (C) A PPLICATION TO COVERED ALGO - 17 RITHMS .—With respect to demonstrating that a 18 covered algorithm causes or contributes to a 19 differential effect, the covered algorithm is pre- 20 sumed to be not separable for analysis and may 21 be analyzed holistically as a single action, pol- 22 icy, or prac...

...strating that a 18 covered algorithm causes or contributes to a 19 differential effect, the covered algorithm is pre- 20 sumed to be not separable for analysis and may 21 be analyzed holistically as a single action, pol- 22 icy, or practice, unless the developer or deployer 23 proves that the covered algorit...

...ingle action, pol- 22 icy, or practice, unless the developer or deployer 23 proves that the covered algorithm is separable 24 by a preponderance of the evidence. 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $...

...ans an individual that conducts a 14 pre-deployment evaluation or impact assessment 15 of a covered algorithm in a manner that exer- 16 cises objective and impartial judgment on all 17 issues within the scope of such evaluation or as- 18 sessment. 19 (B) E XCLUSION .—An individual is not an 20 independent au...

...or as- 18 sessment. 19 (B) E XCLUSION .—An individual is not an 20 independent auditor of a covered algorithm if 21 such individual— 22 (i) is or was involved in using in a 23 commercial context, developing, offering, li- 24 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6...

...ontractor relationship) with a developer 6 or deployer that uses, offers, or licenses 7 the covered algorithm; or 8 (iii) at any point during the pre-de- 9 ployment evaluation or impact assessment, 10 has a direct financial interest or a material 11 indirect financial interest in a developer or 12 deployer t...

...rect financial interest in a developer or 12 deployer that uses, offers, or licenses a cov- 13 ered algorithm, not including routine pay- 14 ment for the auditing services described in 15 subparagraph (A). 16 (12) I NDIVIDUAL .—The term ‘‘individual’’ 17 means a natural person in the United States. 18 (13) P...

...) I NGENERAL .—A developer or deployer shall not 23 offer, license, promote, sell, or use a covered algorithm in 24 a manner that— 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB15 •S 5152 IS(1) causes o...

...MENTS. 2 (a) P RE-DEPLOYMENT EVALUATIONS .—Prior to de- 3 ploying, licensing, or offering a covered algorithm (includ-4 ing deploying a material change to a previously-deployed 5 covered algorithm or a material change made prior to de-6 ployment) for a consequential action, a developer or 7 deployer shall co...

...ng a covered algorithm (includ-4 ing deploying a material change to a previously-deployed 5 covered algorithm or a material change made prior to de-6 ployment) for a consequential action, a developer or 7 deployer shall conduct a pre-deployment evaluation in ac-8 cordance with the following: 9 (1) P RELIMINA...

...all conduct a preliminary evaluation of 13 the plausibility that any expected use of 14 the covered algorithm may result in a 15 harm. 16 (ii) D EPLOYERS .—The deployer shall 17 conduct a preliminary evaluation of the 18 plausibility that any intended use of the 19 covered algorithm may result in a harm. 20 ...

... 17 conduct a preliminary evaluation of the 18 plausibility that any intended use of the 19 covered algorithm may result in a harm. 20 (B) R ESULTS .—Based on the results of 21 the preliminary evaluation, the developer or 22 deployer shall— 23 (i) in the event that a harm is not 24 plausible, record a findin...

...PROD with $$_JOB17 •S 5152 ISoper’s expected use or the deployer’s in- 1 tended use of the covered algorithm, how 2 the preliminary evaluation was conducted, 3 and an explanation for the finding, and 4 submit such record to the Commission; and 5 (ii) in the event that a harm is plau- 6 sible, conduct a full...

... preliminary 10 evaluation of a material change to, or new use 11 of, a previously-deployed covered algorithm, the 12 developer or deployer may limit the scope of the 13 evaluation to whether use of the covered algo- 14 rithm may result in a harm as a result of the 15 material change or new use. 16 (2) F ULL...

... functioning, risks, uses, 6 benefits, limitations, and other pertinent 7 attributes of the covered algorithm, includ- 8 ing— 9 (I) the covered algorithm’s design 10 and methodology, including the inputs 11 the covered algorithm is designed to 12 use to produce an output and the out- 13 puts the covered algo...

...ations, and other pertinent 7 attributes of the covered algorithm, includ- 8 ing— 9 (I) the covered algorithm’s design 10 and methodology, including the inputs 11 the covered algorithm is designed to 12 use to produce an output and the out- 13 puts the covered algorithm is designed 14 to produce; 15 (II) how...

...8 ing— 9 (I) the covered algorithm’s design 10 and methodology, including the inputs 11 the covered algorithm is designed to 12 use to produce an output and the out- 13 puts the covered algorithm is designed 14 to produce; 15 (II) how the covered algorithm 16 was created, trained, and tested, in- 17 cluding—...

...1 the covered algorithm is designed to 12 use to produce an output and the out- 13 puts the covered algorithm is designed 14 to produce; 15 (II) how the covered algorithm 16 was created, trained, and tested, in- 17 cluding— 18 (aa) any metric used to test 19 the performance of the covered 20 algorithm; 21 (b...

...utput and the out- 13 puts the covered algorithm is designed 14 to produce; 15 (II) how the covered algorithm 16 was created, trained, and tested, in- 17 cluding— 18 (aa) any metric used to test 19 the performance of the covered 20 algorithm; 21 (bb) defined benchmarks 22 and goals that correspond to 23 such...

...d, and tested, in- 17 cluding— 18 (aa) any metric used to test 19 the performance of the covered 20 algorithm; 21 (bb) defined benchmarks 22 and goals that correspond to 23 such metrics, including whether 24 there was sufficient representa- 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00...

...52 IStion of demographic groups that 1 are reasonably likely to use or be 2 affected by the covered algorithm 3 in the data used to create or 4 train the algorithm, and whether 5 there was sufficient testing 6 across such demographic groups; 7 (cc) the outputs the covered 8 algorithm actually produces in 9 t...

...likely to use or be 2 affected by the covered algorithm 3 in the data used to create or 4 train the algorithm, and whether 5 there was sufficient testing 6 across such demographic groups; 7 (cc) the outputs the covered 8 algorithm actually produces in 9 testing; 10 (dd) a description of any 11 consultation w...

...r 5 there was sufficient testing 6 across such demographic groups; 7 (cc) the outputs the covered 8 algorithm actually produces in 9 testing; 10 (dd) a description of any 11 consultation with relevant stake- 12 holders, including any commu- 13 nities that will be impacted by 14 the covered algorithm, regardi...

... relevant stake- 12 holders, including any commu- 13 nities that will be impacted by 14 the covered algorithm, regarding 15 the development of the covered 16 algorithm, or a disclosure that no 17 such consultation occurred; 18 (ee) a description of which 19 protected characteristics, if any, 20 were used for...

...s that will be impacted by 14 the covered algorithm, regarding 15 the development of the covered 16 algorithm, or a disclosure that no 17 such consultation occurred; 18 (ee) a description of which 19 protected characteristics, if any, 20 were used for testing and evalua- 21 tion, and how and why such 22 char...

...- 1 ing occurred in comparable 2 contextual conditions to the 3 conditions in which the cov- 4 ered algorithm is expected to 5 be used; and 6 (BB) if protected char- 7 acteristics were not available 8 to conduct such testing, a 9 description of alternative 10 methods the developer used 11 to conduct the requ...

...s the developer used 11 to conduct the required as- 12 sessment; 13 (ff) any other computational 14 algorithm incorporated into the 15 development of the covered algo- 16 rithm, regardless of whether such 17 precursor computational algo- 18 rithm involves a consequential ac- 19 tion; and 20 (gg) a descriptio...

...ption of the 21 data and information used to de- 22 velop, test, maintain, or update 23 the covered algorithm, includ- 24 ing— 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB21 •S 5152 IS(AA) each type o...

...ative, proportional, 15 and appropriate to the devel- 16 opment and intended uses of 17 the covered algorithm; 18 (III) the potential for the covered 19 algorithm to produce a harm or to 20 have a disparate impact in the equal 21 enjoyment of goods, services, or other 22 activities or opportunities, and a de...

... 16 opment and intended uses of 17 the covered algorithm; 18 (III) the potential for the covered 19 algorithm to produce a harm or to 20 have a disparate impact in the equal 21 enjoyment of goods, services, or other 22 activities or opportunities, and a de- 23 scription of such potential harm or 24 disparate...

... how the developer could monitor for 4 harm after offering, licensing, or de- 5 ploying the covered algorithm; and 6 (V) any other information the 7 Commission deems pertinent to pre- 8 vent the covered algorithm from caus- 9 ing harm or having a disparate impact 10 in the equal enjoyment of goods, serv- 11 ...

...orithm; and 6 (V) any other information the 7 Commission deems pertinent to pre- 8 vent the covered algorithm from caus- 9 ing harm or having a disparate impact 10 in the equal enjoyment of goods, serv- 11 ices, or other activities or opportuni- 12 ties, as prescribed by rules promul- 13 gated by the Commiss...

...unctioning, risks, uses, 10 benefits, limitations, and other pertinent 11 attributes of the covered algorithm, includ- 12 ing— 13 (I) the manner in which the cov- 14 ered algorithm makes or contributes 15 to a consequential action and the pur- 16 pose for which the covered algorithm 17 will be deployed; 18 (...

...11 attributes of the covered algorithm, includ- 12 ing— 13 (I) the manner in which the cov- 14 ered algorithm makes or contributes 15 to a consequential action and the pur- 16 pose for which the covered algorithm 17 will be deployed; 18 (II) the necessity and proportion- 19 ality of the covered algorithm in ...

...orithm makes or contributes 15 to a consequential action and the pur- 16 pose for which the covered algorithm 17 will be deployed; 18 (II) the necessity and proportion- 19 ality of the covered algorithm in rela- 20 tion to its planned use, including the 21 intended benefits and limitations of 22 the covered ...

...overed algorithm 17 will be deployed; 18 (II) the necessity and proportion- 19 ality of the covered algorithm in rela- 20 tion to its planned use, including the 21 intended benefits and limitations of 22 the covered algorithm and a descrip- 23 tion of the baseline process being en- 24 VerDate Sep 11 2014 00:...

...a- 20 tion to its planned use, including the 21 intended benefits and limitations of 22 the covered algorithm and a descrip- 23 tion of the baseline process being en- 24 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD w...

...8 (IV) the outputs the covered al- 19 gorithm is expected to produce and 20 the outputs the covered algorithm ac- 21 tually produces in testing; 22 (V) a description of any addi- 23 tional testing or training completed by 24 the deployer for the context in which 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt ...

...52 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB25 •S 5152 ISthe covered algorithm will be de- 1 ployed; 2 (VI) a description of any con- 3 sultation with relevant stakeholders, 4 including any communities that will 5 be impacted by the covered algorithm, 6 regarding the deployment...

...tion with relevant stakeholders, 4 including any communities that will 5 be impacted by the covered algorithm, 6 regarding the deployment of the cov- 7 ered algorithm; 8 (VII) the potential for the cov- 9 ered algorithm to produce a harm or 10 to have a disparate impact in the 11 equal enjoyment of goods, se...

...ies that will 5 be impacted by the covered algorithm, 6 regarding the deployment of the cov- 7 ered algorithm; 8 (VII) the potential for the cov- 9 ered algorithm to produce a harm or 10 to have a disparate impact in the 11 equal enjoyment of goods, services, or 12 other activities or opportunities in the 13...

... 6 regarding the deployment of the cov- 7 ered algorithm; 8 (VII) the potential for the cov- 9 ered algorithm to produce a harm or 10 to have a disparate impact in the 11 equal enjoyment of goods, services, or 12 other activities or opportunities in the 13 context in which the covered algo- 14 rithm will be ...

...ices and 18 recommendations to prevent or miti- 19 gate harm in the context in which the 20 covered algorithm will be deployed and 21 recommendations for how the deployer 22 could monitor for harm after offering, 23 licensing, or deploying the covered al- 24 gorithm; and 25 VerDate Sep 11 2014 00:58 Oct 05, ...

...6 •S 5152 IS(IX) any other information the 1 Commission deems pertinent to pre- 2 vent the covered algorithm from caus- 3 ing harm or having a disparate impact 4 in the equal enjoyment of goods, serv- 5 ices, or other activities or opportuni- 6 ties as prescribed by rules promul- 7 gated by the Commission p...

...ent audi- 15 tor. 16 (b) D EPLOYER ANNUAL IMPACT ASSESSMENT .— 17 After the deployment of a covered algorithm, a deployer 18 shall, on an annual basis, conduct an impact assessment 19 in accordance with the following: 20 (1) P RELIMINARY IMPACT ASSESSMENT .—The 21 deployer shall conduct a preliminary impact ...

...PACT ASSESSMENT .—The 21 deployer shall conduct a preliminary impact assess- 22 ment of the covered algorithm to identify any harm 23 that resulted from the covered algorithm during the 24 reporting period and— 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILL...

...act assess- 22 ment of the covered algorithm to identify any harm 23 that resulted from the covered algorithm during the 24 reporting period and— 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB27 •S 5152...

...ing a description of the developer’s 3 expected use or the deployer’s intended use of 4 the covered algorithm, how the preliminary 5 evaluation was conducted, and an explanation 6 for such finding, and submit such finding to the 7 Commission; and 8 (B) if a resulting harm is identified by 9 such assessment, ...

...nt as described in paragraph (2). 11 (2) F ULL IMPACT ASSESSMENT .—In the event 12 that the covered algorithm resulted in harm during 13 the reporting period, the deployer shall engage an 14 independent auditor to conduct a full impact assess- 15 ment with respect to the reporting period, includ- 16 ing— 17 ...

...19 produced during the reporting period; 20 (B) a description of the extent to which 21 the covered algorithm produced a disparate im- 22 pact in the equal enjoyment of goods, services, 23 or other activities or opportunities, including 24 the methodology for such evaluation, of how the 25 VerDate Sep 11 201...

...t 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB28 •S 5152 IScovered algorithm produced or likely produced 1 such disparity; 2 (C) a description of the types of data input 3 into the covered algorithm during the reporting 4 period to produce an output, including— 5 (i) document...

...likely produced 1 such disparity; 2 (C) a description of the types of data input 3 into the covered algorithm during the reporting 4 period to produce an output, including— 5 (i) documentation of how data input 6 into the covered algorithm to produce an 7 output is represented and complete de- 8 scriptions o...

... 4 period to produce an output, including— 5 (i) documentation of how data input 6 into the covered algorithm to produce an 7 output is represented and complete de- 8 scriptions of each field of data; and 9 (ii) whether and to what extent the 10 data input into the covered algorithm to 11 produce an output w...

...ons of each field of data; and 9 (ii) whether and to what extent the 10 data input into the covered algorithm to 11 produce an output was used to train or 12 otherwise modify the covered algorithm; 13 (D) whether and to what extent the cov- 14 ered algorithm produced the outputs it was ex- 15 pected to produ...

... the covered algorithm to 11 produce an output was used to train or 12 otherwise modify the covered algorithm; 13 (D) whether and to what extent the cov- 14 ered algorithm produced the outputs it was ex- 15 pected to produce; 16 (E) a detailed description of how the cov- 17 ered algorithm was used to make a ...

...in or 12 otherwise modify the covered algorithm; 13 (D) whether and to what extent the cov- 14 ered algorithm produced the outputs it was ex- 15 pected to produce; 16 (E) a detailed description of how the cov- 17 ered algorithm was used to make a consequen- 18 tial action; 19 (F) any action taken to prevent ...

... the outputs it was ex- 15 pected to produce; 16 (E) a detailed description of how the cov- 17 ered algorithm was used to make a consequen- 18 tial action; 19 (F) any action taken to prevent or mitigate 20 harms, including how relevant staff are in- 21 formed of, trained about, and implement harm 22 mitigati...

..._JOB29 •S 5152 ISitor for and prevent harm after offering, licens- 1 ing, or deploying the covered algorithm; and 2 (G) any other information the Commission 3 deems pertinent to prevent the covered algo- 4 rithm from causing harm or having a disparate 5 impact in the equal enjoyment of goods, serv- 6 ices, ...

...ct assessment under subparagraph (A), a 20 deployer shall submit to the developer of the 21 covered algorithm a summary of such report, 22 subject to the trade secret and privacy protec- 23 tions described in subsection (e)(3). 24 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 ...

...n an annual basis, review 2 each impact assessment summary submitted by a deployer 3 of its covered algorithm under subsection (b)(3)(B) for the 4 following purposes: 5 (1) To assess how the deployer is using the cov- 6 ered algorithm, including the methodology for as- 7 sessing such use. 8 (2) To assess the...

...n (b)(3)(B) for the 4 following purposes: 5 (1) To assess how the deployer is using the cov- 6 ered algorithm, including the methodology for as- 7 sessing such use. 8 (2) To assess the type of data the deployer is 9 inputting into the covered algorithm to produce an 10 output and the types of outputs the cov...

...- 7 sessing such use. 8 (2) To assess the type of data the deployer is 9 inputting into the covered algorithm to produce an 10 output and the types of outputs the covered algo- 11 rithm is producing. 12 (3) To assess whether the deployer is complying 13 with any relevant contractual agreement with the de- 14...

...the de- 14 veloper and whether any remedial action is nec- 15 essary. 16 (4) To compare the covered algorithm’s per- 17 formance in real-world conditions versus pre-deploy- 18 ment testing, including the methodology used to 19 evaluate such performance. 20 (5) To assess whether the covered algorithm is 21 ca...

...ncluding the methodology used to 19 evaluate such performance. 20 (5) To assess whether the covered algorithm is 21 causing harm or is reasonably likely to be causing 22 harm. 23 (6) To assess whether the covered algorithm is 24 causing, or is reasonably likely to be causing, a dis- 25 VerDate Sep 11 2014 00...

...21 causing harm or is reasonably likely to be causing 22 harm. 23 (6) To assess whether the covered algorithm is 24 causing, or is reasonably likely to be causing, a dis- 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PR...

... how and with respect to which protected char- 3 acteristic. 4 (7) To determine whether the covered algorithm 5 needs modification. 6 (8) To determine whether any other action is 7 appropriate to ensure that the covered algorithm re- 8 mains safe and effective. 9 (9) To undertake any other assessment or re- ...

...dification. 6 (8) To determine whether any other action is 7 appropriate to ensure that the covered algorithm re- 8 mains safe and effective. 9 (9) To undertake any other assessment or re- 10 sponsive action the Commission deems pertinent to 11 prevent the covered algorithm from causing harm or 12 having a d...

...other assessment or re- 10 sponsive action the Commission deems pertinent to 11 prevent the covered algorithm from causing harm or 12 having a disparate impact in the equal enjoyment of 13 goods, services, or other activities or opportunities, 14 as prescribed by rules promulgated by the Commis- 15 sion purs...

...PER AND DEPLOYER OBLIGA - 18 TIONS .—If a person is both the developer and deployer 19 of a covered algorithm, the person may conduct combined 20 pre-deployment evaluations and annual assessments, pro-21 vided that each combined evaluation or assessment satis-22 fies all requirements for both developers and ...

...LLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB35 •S 5152 IS(3) With respect to a covered algorithm, consult 1 stakeholders, including any communities that will be 2 impacted by the covered algorithm, regarding the de- 3 velopment or deployment of the covered algorithm 4 prior to the deploying, lic...

...algorithm, consult 1 stakeholders, including any communities that will be 2 impacted by the covered algorithm, regarding the de- 3 velopment or deployment of the covered algorithm 4 prior to the deploying, licensing, or offering the cov- 5 ered algorithm. 6 (4) With respect to a covered algorithm, certify 7 ...

... be 2 impacted by the covered algorithm, regarding the de- 3 velopment or deployment of the covered algorithm 4 prior to the deploying, licensing, or offering the cov- 5 ered algorithm. 6 (4) With respect to a covered algorithm, certify 7 that, based on the results of a pre-deployment eval- 8 uation describe...

...eployment of the covered algorithm 4 prior to the deploying, licensing, or offering the cov- 5 ered algorithm. 6 (4) With respect to a covered algorithm, certify 7 that, based on the results of a pre-deployment eval- 8 uation described in section 102(a) or an impact as- 9 sessment described in section 102(b)...

...to the deploying, licensing, or offering the cov- 5 ered algorithm. 6 (4) With respect to a covered algorithm, certify 7 that, based on the results of a pre-deployment eval- 8 uation described in section 102(a) or an impact as- 9 sessment described in section 102(b)— 10 (A) use of the covered algorithm is no...

...n section 102(a) or an impact as- 9 sessment described in section 102(b)— 10 (A) use of the covered algorithm is not 11 likely to result in harm or disparate impact in 12 the equal enjoyment of goods, services, or other 13 activities or opportunities; 14 (B) the benefits from the use of the cov- 15 ered algo...

...ices, or other 13 activities or opportunities; 14 (B) the benefits from the use of the cov- 15 ered algorithm to individuals affected by the 16 covered algorithm likely outweigh the harms 17 from the use of the covered algorithm to such 18 individuals; and 19 (C) use of the covered algorithm is not 20 likely...

...) the benefits from the use of the cov- 15 ered algorithm to individuals affected by the 16 covered algorithm likely outweigh the harms 17 from the use of the covered algorithm to such 18 individuals; and 19 (C) use of the covered algorithm is not 20 likely to result in deceptive practices. 21 (5) Ensure tha...

...duals affected by the 16 covered algorithm likely outweigh the harms 17 from the use of the covered algorithm to such 18 individuals; and 19 (C) use of the covered algorithm is not 20 likely to result in deceptive practices. 21 (5) Ensure that any covered algorithm of the 22 developer or deployer functions— ...

...arms 17 from the use of the covered algorithm to such 18 individuals; and 19 (C) use of the covered algorithm is not 20 likely to result in deceptive practices. 21 (5) Ensure that any covered algorithm of the 22 developer or deployer functions— 23 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Fr...

...covered algorithm is not 20 likely to result in deceptive practices. 21 (5) Ensure that any covered algorithm of the 22 developer or deployer functions— 23 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB36 ...

...r use. 6 (6) Ensure any data used in the design, devel- 7 opment, deployment, or use of the covered algorithm 8 is relevant and appropriate to the deployment con- 9 text and the publicly-advertised purpose or use. 10 (7) Ensure use of the covered algorithm as in- 11 tended is not likely to result in a violat...

...deployment con- 9 text and the publicly-advertised purpose or use. 10 (7) Ensure use of the covered algorithm as in- 11 tended is not likely to result in a violation of this 12 Act. 13 (b) D ECEPTIVE MARKETING OF A PRODUCT OR 14 SERVICE .—It shall be unlawful for a developer or deployer 15 to engage in fals...

...to engage in false, deceptive, or misleading advertising, 16 marketing, or publicizing of a covered algorithm of the de-17 veloper or deployer. 18 (c) O FF-LABEL USE.— 19 (1) D EVELOPERS .—It shall be unlawful for a 20 developer to knowingly offer or license a covered al- 21 gorithm for any consequential act...

..._JOB37 •S 5152 IS(2) D EPLOYERS .—It shall be unlawful for a 1 deployer to knowingly use a covered algorithm for 2 any consequential action other than a use evaluated 3 in the pre-deployment evaluation described in section 4 102(a), unless the deployer agrees to assume the re- 5 sponsibilities of a develope...

...EVELOPERS AND 13 DEPLOYERS .— 14 (1) R EQUIREMENTS .—A developer may offer or 15 license a covered algorithm to a deployer pursuant 16 to a written contract between the developer and 17 deployer, provided that the contract— 18 (A) clearly sets forth the data processing 19 procedures of the developer with re...

...DSK7ZCZBW3PROD with $$_JOB39 •S 5152 ISoper or deployer in the context of the use 1 of the covered algorithm; 2 (ii) instructions for deploying the cov- 3 ered algorithm as intended; 4 (iii) the nature and purpose of any 5 collection, processing, or transferring of 6 data; 7 (iv) the type of data subject to...

...he context of the use 1 of the covered algorithm; 2 (ii) instructions for deploying the cov- 3 ered algorithm as intended; 4 (iii) the nature and purpose of any 5 collection, processing, or transferring of 6 data; 7 (iv) the type of data subject to such 8 collection, processing, or transferring; 9 (v) the du...

... method by which the 13 developer shall notify the deployer of mate- 14 rial changes to its covered algorithm; 15 (C) shall not relieve a developer or 16 deployer of any requirement or liability imposed 17 on such developer or deployer under this Act; 18 (D) prohibits both the developer and 19 deployer from ...

...in which a deployer 20 shall provide to an individual a means to opt-out of 21 the use of a covered algorithm for a consequential 22 action and to elect to have the consequential action 23 concerning the individual undertaken by a human 24 without the use of a covered algorithm. 25 VerDate Sep 11 2014 00:58 ...

...equential action 23 concerning the individual undertaken by a human 24 without the use of a covered algorithm. 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB41 •S 5152 IS(2) C ONSIDERATIONS .—In promulg...

...nism to appeal 1 to a human a consequential action resulting from 2 the deployer’s use of a covered algorithm. 3 (2) C ONSIDERATIONS .—In promulgating the 4 regulations under paragraph (1), the Commission 5 shall do the following: 6 (A) Ensure that the appeal mechanism is 7 clear and conspicuous, in plain la...

..., a mecha- 16 nism for individuals to identify and correct any 17 personal data used by the covered algorithm. 18 (E) Specify training requirements for 19 human reviewers with respect to a consequen- 20 tial action. 21 (F) Consider any other circumstances, pro- 22 cedures, or matters the Commission deems ap-...

...essary 18 and directly related to the value provided to the 19 developer or deployer by the covered algorithm. 20 (B) L OYALTY PROGRAMS .—Nothing in this 21 subsection shall prohibit a developer or deployer 22 from offering loyalty, rewards, premium fea- 23 tures, discounts, or club card programs that 24 pro...

...t 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB46 •S 5152 IScerning a covered algorithm or individual rights 1 under this Act); and 2 (B) any other entity within the same cor- 3 porate structure as the developer or deployer to 4 which personal data is transferred by the devel- 5 oper or...

...devel- 11 oper or deployer collects or processes in the develop- 12 ment or deployment of a covered algorithm and the 13 processing purpose for each such category. 14 (4) Whether the developer or deployer transfers 15 personal data, and, if so, each third party to which 16 the developer or deployer transfers...

...e- 2 ments described in sections 102 and 201. 3 (7) The following disclosure: 4 ‘‘The audit of this algorithm was conducted to 5 comply with the Artificial Intelligence Civil Rights 6 Act of 2024, which seeks to avoid the use of any al- 7 gorithm that has a disparate impact on certain pro- 8 tected classes o...

...te impact on certain pro- 8 tected classes of individuals. The audit does not 9 guarantee that this algorithm is safe or in compli- 10 ance with all applicable laws.’’. 11 (8) The effective date of the disclosure. 12 (c) L ANGUAGES .—The disclosure required under sub- 13 section (a) shall be made available i...

... NOTICE .— 12 (1) I N GENERAL .—A deployer shall provide a 13 short-form notice regarding a covered algorithm it 14 develops, offers, licenses, or uses in a manner that— 15 (A) is concise, clear, conspicuous, in plain 16 language, and not misleading; 17 (B) is readily accessible to individuals with 18 disabi...

...rm notice directly to the indi- 8 vidual upon the individual’s first interaction 9 with the covered algorithm. 10 (B) N O RELATIONSHIP .—If a deployer 11 does not have a relationship with an individual, 12 the deployer shall provide the short-form notice 13 in a clear, conspicuous, accessible, and not mis- 1...

...on-2 spicuous, and readily accessible manner, a mechanism for 3 an individual impacted by a covered algorithm to report 4 to the developer or deployer potential violations of this 5 Act. 6 SEC. 302. STUDY ON EXPLANATIONS REGARDING THE USE 7 OF COVERED ALGORITHMS. 8 (a) S TUDY .— 9 (1) I N GENERAL .—The Commi...

...sabilities and 14 allows an individual to receive an explanation as to 15 whether and how a covered algorithm used by the 16 deployer affects or affected an individual. 17 (2) R EQUIREMENTS .—The study required 18 under paragraph (1) shall include the following: 19 (A) How explanations can be provided in a 2...

... to individuals with disabil- 22 ities, and calibrated to the level of risk based on 23 the covered algorithm. 24 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S5152.IS S5152kjohnson on DSK7ZCZBW3PROD with $$_JOB52 •S 5152 IS(B) An assessment of the feasibi...

...yers to provide a mecha- 2 nism for individuals who may be affected or 3 were affected by a covered algorithm to request 4 an explanation that— 5 (i) includes information— 6 (I) regarding why the covered al- 7 gorithm produced the result it pro- 8 duced with respect to the individual 9 making the request; an...

...- 17 vide an explanation for an individual who 18 may be affected or was affected by a cov- 19 ered algorithm. 20 (C) An assessment of what information a 21 developer must provide a deployer in order to 22 ensure explanations can be provided to individ- 23 uals upon request. 24 VerDate Sep 11 2014 00:58 Oct ...

...Act (29 U.S.C. 152)) to 8 bargain collectively regarding the deployment or ef- 9 fects of a covered algorithm; 10 (2) absolve an employer of any obligation to en- 11 sure a covered algorithm and its effects comply with 12 health and safety laws; 13 (3) allow an employer to deploy a covered algo- 14 rithm tha...

...fects of a covered algorithm; 10 (2) absolve an employer of any obligation to en- 11 sure a covered algorithm and its effects comply with 12 health and safety laws; 13 (3) allow an employer to deploy a covered algo- 14 rithm that interferes with the rights of employees 15 under any Federal, State, or local l...

...occupational series and associated policies covering 1 Federal Government positions in the field of algorithm au-2 diting (as described in the report of the Government Ac-3 countability Office entitled ‘‘Artificial Intelligence: An Ac-4 countability Framework for Federal Agencies and Other 5 Entities’’ (GAO–...

...Federal Agencies and Other 5 Entities’’ (GAO–21–519SP), dated June 30, 2021), which 6 shall include algorithm auditing practices, platform audit-7 ing, evaluation and assessment of artificial intelligence 8 systems, computer security, independent evaluation and 9 audits of computer systems, data science, sta...

... Act, the Administrator of the 15 United States Digital Service shall— 16 (1) establish a track for algorithm auditing; 17 and 18 (2) hire algorithm audit practitioners. 19 (b) FTC P RIORITY .—The Administrator of the 20 United States Digital service, in coordination with the 21 Commission, shall ensure— 22 ...

...d States Digital Service shall— 16 (1) establish a track for algorithm auditing; 17 and 18 (2) hire algorithm audit practitioners. 19 (b) FTC P RIORITY .—The Administrator of the 20 United States Digital service, in coordination with the 21 Commission, shall ensure— 22 (1) the algorithm auditing track staffi...

... 20 United States Digital service, in coordination with the 21 Commission, shall ensure— 22 (1) the algorithm auditing track staffing and 23 expertise meets the needs of the Commission and 24 other relevant Federal agencies with obligations to 25 VerDate Sep 11 2014 00:58 Oct 05, 2024 Jkt 059200 PO 00000 Frm...

...68 •S 5152 ISimplement Office of Management and Budget 1 Memorandum M–24–10; and 2 (2) once hired, algorithm auditing track per- 3 sonnel and projects prioritize the efforts of the Com- 4 mission. 5 SEC. 503. ADDITIONAL FEDERAL RESOURCES. 6 (a) A UTHORIZATION OF APPROPRIATIONS .—There is 7 authorized to be ...

...manned and unmanned aviation platforms. ARC-231A includes improved type-1 cryptographic algorithm and processing capabilities, Civil Land Mobile Radio, Single Channel Ground and Airborne Radios System (SINCGARS) capabilities, HAVE QUICK (HQ), Second Generation Anti-Jam Tactical ...

...e 9 election-related communication: " This communication has been ma nipulated or 10 generated by artificial intelligence or by another means." If t he election-related 11 communication includes a print or video component, the statemen t must be placed in 12 the election-related communication so the statement is easi...

...ast once every two years, the 5 head of a state agency that uses a system that employs generati ve artificial intelligence 6 for consequential decisions sha ll conduct an impact assessment of the system, except 7 as provided in AS 44.99.760. An impact assessment must include, at a minimum, an 8 analysis of 9 (1) th...

... to determine future use of the s ystem by the agency. 28 Sec. 44.99.720. Requirements for use of artificial intelligence by state 29 agencies. (a) Except as provided in AS 44.99.760, a state agency that us es a system 30 that employs generative artificial intelligence for consequenti al decisions shall 31 33-LS1...

... Except as provided in AS 44.99.760, a state agency that us es a system 30 that employs generative artificial intelligence for consequenti al decisions shall 31 33-LS1061\Y SB0177B -5- CSSB 177(STA) New Text Underlined [DELETED TEXT BRACKETED] (1) notify each individual who may be legally or significantly aff...

... n c y m a y c o n t r a c t w i t h a p e r s o n f o r a s y s t e m t h a t employs 19 artificial intelligence for consequential decisions only if the person has implemented 20 security and privacy controls as specified by the National Inst itute of Standards and 21 Technology in Special Publication 800-53...

...rocurement, 29 implementation, use, and ongoing a ssessment of systems that emp loy generative 30 artificial intelligence by state agencies for consequential dec isions. Except as provided 31 33-LS1061\Y CSSB 177(STA) -6- SB0177B New Text Underlined [DELETED TEXT BRACKETED] in AS 44.99.760, the regulations m u...

... AS 44.99.740, or gross negligence or reckless or intentional misconduct 15 relating to the use of artificial intelligence by a state agenc y may bring a civil action in 16 the superior court against the state agency. 17 (b) An individual who suffers harm under (a) of this section m ay recover 18 damages for the harm...

...ED] Public Records Act). 1 Sec. 44.99.770. Definitions. In AS 44.99.700 - 44.99.770, 2 (1) "artificial intelligence" means generative artificial inte lligence or 3 rules-based artificial intelligence; 4 (2) "biometric identification" means the analysis of an indivi dual's 5 physical or behavioral charact erist...

....770, 2 (1) "artificial intelligence" means generative artificial inte lligence or 3 rules-based artificial intelligence; 4 (2) "biometric identification" means the analysis of an indivi dual's 5 physical or behavioral charact eristics to uniquely identify the individual; 6 (3) "cognitive behavioral manipulation"...

...and verbal expressions, to identi fy or predict the 15 individual's emotions; 16 (7) "generative artificial intelligence" means a machine-based system 17 designed to operate with varying levels of autonomy that may ex hibit adaptiveness 18 after deployment and that, for explicit or implicit objectives, infers how t...

...from input the system receives; 20 (8) "individual" means a natural person; 21 (9) "rules-based artificial intelligence" means a computationa l program 22 or algorithm designed to process information in a logical way t hat does not produce 23 inferential output beyond its or iginal programming and query pa rameters;...

...an individual's appearance, conduct, or spoken words that has b een created or 29 manipulated with machine learning, natural language processing, or another 30 computational processing technique in a manner to create a real istic but false image, 31 33-LS1061\Y SB0177B -3- CSSB 177(STA) New Text Underlined...

...ke an election-rela ted communication that 7 the person knows or reasonably should know includes a deepfake relating to a 8 candidate or proposition without inc luding the following disclo sure statement with the 9 election-related communication: " This communication has been ma nipulated or 10 generate...

...rom an election-related communication that the person knows or reasonably 8 should know includes a deepfake. 9 (c) A person who violates (a) o r (b) of this section is liable to a candidate or 10 proposition group for damages suffered as a result of the viola tion, full reasonable 11 attorney fees, an...

...ination of the election-rel ated communication. 17 (e) This section does not apply to 18 (1) a deepfake that cons titutes satire or parody; 19 (2) a deepfake broadcast by a radio, television, cable, or sat ellite 20 provider as part of a newscast, news interview, news documentar y, or on-the-spot 21...

... This section does not apply to 18 (1) a deepfake that cons titutes satire or parody; 19 (2) a deepfake broadcast by a radio, television, cable, or sat ellite 20 provider as part of a newscast, news interview, news documentar y, or on-the-spot 21 coverage of a news event, if the broadcast clearly ack...

...ead by the average lis tener or viewer, that 23 there are questions about the a uthenticity of the deepfake; 24 (3) a person who is paid to broadcast an election-related 25 communication made by another person. 26 (f) In this section, 27 (1) "deepfake" means an image, audio recording, or video reco...

... an election-related 25 communication made by another person. 26 (f) In this section, 27 (1) "deepfake" means an image, audio recording, or video recor ding of 28 an individual's appearance, conduct, or spoken words that has b een created or 29 manipulated with machine learning, natural language pro...

...atural person; 21 (9) "rules-based artificial intelligence" means a computationa l program 22 or algorithm designed to process information in a logical way t hat does not produce 23 inferential output beyond its or iginal programming and query pa rameters; 24 (10) "sensitive personal data" means 25 (...

...icle activity. Third-party developers or vendors of telematics 23 systems shall file their model or algorithm with the superintendent. 24 § 2. The insurance law is amended by adding a new section 2304-a to 25 read as follows: 26 § 2304-a. Telematics systems. (a) Any insurer which offers or utilizes 27 telema...

...shall: 3 (1) provide to the superintendent an explanation of how the factors 4 used in the model or algorithm are connected to risk and demonstrate 5 that each factor used is related to risk of loss and incorporated in a 6 manner that directly reflects that relationship; 7 (2) publicly disclose scoring metho...

...d decision-making system" shall mean any software that 14 uses algorithms, computational models, or artificial intelligence tech- 15 niques, or a combination thereof, to automate, support, or replace human 16 decision-making and shall include, without limitation, systems that 17 process data, and apply predefined rules or...

...cision-making including: 29 (i) a summary of the underlying algorithms, computational modes, and 30 artificial intelligence tools that are used within the automated deci- 31 sion-making system; and 32 (ii) the design and training data used to develop the automated deci- 33 sion-making system process; 34 (d) testing for: 3...

... and shall include, without limitation, systems that 17 process data, and apply predefined rules or machine learning algorithms EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11734-11-4 S. 7543--B 2 1 to analyze such data, and generate conclusions, recommend...

...ng its place in the order of third reading AN ACT to amend the state technology law, in relation to automated deci- sion-making by state agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited ...

...Section 1. Short title. This act shall be known and may be cited as 2 the "legislative oversight of automated decision-making in government 3 act (LOADinG Act)". 4 § 2. The state technology law is amended by adding a new article 4 to 5 read as follows: 6 ARTICLE IV 7 AUTOMATED DECISION-MAKING IN STATE GOVERN...

...RTICLE IV 7 AUTOMATED DECISION-MAKING IN STATE GOVERNMENT 8 Section 401. Definitions. 9 402. Use of automated decision-making systems by agencies. 10 403. Impact assessments. 11 404. Submission to the governor and legislature. 12 § 401. Definitions. For the purpose of this article: 13 1. "Automated decision-...

...ual within the state. 10 2. "Meaningful human review" means review, oversight and control of 11 the automated decision-making process by one or more individuals who 12 understand the risks, limitations, and functionality of, and are trained 13 to use, the automated decision-making system and who have the aut...

...uals who 12 understand the risks, limitations, and functionality of, and are trained 13 to use, the automated decision-making system and who have the authority 14 to intervene or alter the decision under review, including but not 15 limited to the ability to approve, deny, or modify any decision recom- 16 me...

... 15 limited to the ability to approve, deny, or modify any decision recom- 16 mended or made by the automated system. 17 3. "State agency" shall mean any department, public authority, board, 18 bureau, commission, division, office, council, committee or officer of 19 the state. Such terms shall not include t...

...ny federal program that is administered by the 28 federal government or the state. 29 § 402. Use of automated decision-making systems by agencies. 1. No 30 state agency, or any entity acting on behalf of such agency, which 31 utilizes or applies any automated decision-making system, directly or 32 indirectly...

...No 30 state agency, or any entity acting on behalf of such agency, which 31 utilizes or applies any automated decision-making system, directly or 32 indirectly, in performing any function that: (a) is related to the 33 delivery of any public assistance benefit; (b) will have a material 34 impact on the right...

... affects any statutorily or constitutionally 36 provided right of an individual, shall utilize such automated decision- 37 making system, unless such automated decision-making system is subject 38 to continued and operational meaningful human review. 39 2. No state agency shall authorize any procurement, pur...

...ovided right of an individual, shall utilize such automated decision- 37 making system, unless such automated decision-making system is subject 38 to continued and operational meaningful human review. 39 2. No state agency shall authorize any procurement, purchase or acqui- 40 sition of any service or system...

...ze any procurement, purchase or acqui- 40 sition of any service or system utilizing, or relying on, automated 41 decision-making systems in performing any function that is: (a) related 42 to the delivery of any public assistance benefit; (b) will have a mate- 43 rial impact on the rights, civil liberties, sa...

...or (c) affects any statutorily or constitu- 45 tionally provided right of an individual unless such automated deci- 46 sion-making system is subject to continued and operational meaningful 47 human review. 48 3. The use of an automated decision-making system shall not affect (a) 49 the existing rights of emp...

...king system is subject to continued and operational meaningful 47 human review. 48 3. The use of an automated decision-making system shall not affect (a) 49 the existing rights of employees pursuant to an existing collective 50 bargaining agreement, or (b) the existing representational relationships 51 among...

...or the bargaining relationships between the 52 employer and an employee organization. The use of an automated deci- 53 sion-making system shall not result in the: (1) discharge, displacement 54 or loss of position, including partial displacement such as a reduction 55 in the hours of non-overtime work, wages...

...s currently performed by 2 employees of the state or any agency or public authority thereof to an 3 automated decision-making system; or (3) transfer of future duties and 4 functions ordinarily performed by employees of the state or any agency 5 or public authority. The use of an automated decision-making sy...

...s ordinarily performed by employees of the state or any agency 5 or public authority. The use of an automated decision-making system 6 shall not alter the rights or benefits, and privileges, including but 7 not limited to terms and conditions of employment, civil service status, 8 and collective bargaining u...

...ed and protected. 11 § 403. Impact assessments. 1. State agencies seeking to utilize or 12 apply an automated decision-making system permitted under section four 13 hundred two of this article with continued and operational meaningful 14 human review shall conduct or have conducted an impact assessment 15 su...

... 16 viduals responsible for meaningful human review for the lawful applica- 17 tion and use of such automated decision-making system. Following the 18 first impact assessment, an impact assessment shall be conducted in 19 accordance with this section at least once every two years. An impact 20 assessment sha...

...2 such system. Such impact assessments shall include: 23 (a) a description of the objectives of the automated decision-making 24 system; 25 (b) an evaluation of the ability of the automated decision-making 26 system to achieve its stated objectives; 27 (c) a description and evaluation of the objectives and d...

...e objectives of the automated decision-making 24 system; 25 (b) an evaluation of the ability of the automated decision-making 26 system to achieve its stated objectives; 27 (c) a description and evaluation of the objectives and development of 28 the automated decision-making including: 29 (i) a summary of th...

... stated objectives; 27 (c) a description and evaluation of the objectives and development of 28 the automated decision-making including: 29 (i) a summary of the underlying algorithms, computational modes, and 30 artificial intelligence tools that are used within the automated deci- 31 sion-making system; and...

...ying algorithms, computational modes, and 30 artificial intelligence tools that are used within the automated deci- 31 sion-making system; and 32 (ii) the design and training data used to develop the automated deci- 33 sion-making system process; 34 (d) testing for: 35 (i) accuracy, fairness, bias and discri...

...automated deci- 31 sion-making system; and 32 (ii) the design and training data used to develop the automated deci- 33 sion-making system process; 34 (d) testing for: 35 (i) accuracy, fairness, bias and discrimination, and an assessment of 36 whether the use of the automated decision-making system produces d...

... 35 (i) accuracy, fairness, bias and discrimination, and an assessment of 36 whether the use of the automated decision-making system produces discri- 37 minatory results on the basis of a consumer's or a class of consumers' 38 actual or perceived race, color, ethnicity, religion, national origin, 39 sex, gen...

...any cybersecurity vulnerabilities and privacy risks resulting 44 from the deployment and use of the automated decision-making system, and 45 the development or existence of safeguards to mitigate the risks; 46 (iii) any public health or safety risks resulting from the deployment 47 and use of the automated d...

...e risks; 46 (iii) any public health or safety risks resulting from the deployment 47 and use of the automated decision-making system; 48 (iv) any reasonably foreseeable misuse of the automated decision-mak- 49 ing system and the development or existence of safeguards against such 50 misuse; 51 (e) the extent...

...7 and use of the automated decision-making system; 48 (iv) any reasonably foreseeable misuse of the automated decision-mak- 49 ing system and the development or existence of safeguards against such 50 misuse; 51 (e) the extent to which the deployment and use of the automated deci- 52 sion-making system requi...

...ence of safeguards against such 50 misuse; 51 (e) the extent to which the deployment and use of the automated deci- 52 sion-making system requires input of sensitive and personal data, how 53 that data is used and stored, and any control users may have over their 54 data; and 55 (f) the notification mechanis...

...cation mechanism or procedure, if any, by which individ- 56 uals impacted by the utilization of the automated decision-making system S. 7543--B 4 1 may be notified of the use of such automated decision-making system and 2 of the individual's personal data, and informed of their rights and 3 options relating ...

...ilization of the automated decision-making system S. 7543--B 4 1 may be notified of the use of such automated decision-making system and 2 of the individual's personal data, and informed of their rights and 3 options relating to such use. 4 2. Notwithstanding the provisions of this article or any other law, ...

...hstanding the provisions of this article or any other law, if 5 an impact assessment finds that the automated decision-making system 6 produces discriminatory or biased outcomes, the state agency shall cease 7 any utilization, application, or function of such automated decision- 8 making system, and of any i...

...r biased outcomes, the state agency shall cease 7 any utilization, application, or function of such automated decision- 8 making system, and of any information produced using such system. 9 § 404. Submission to the governor and legislature. 1. Each impact 10 assessment conducted pursuant to this article shal...

...ecision-making system that is the subject of such assessment. 14 2. (a) The impact assessment of an automated decision-making system 15 shall be published on the website of the relevant state agency. 16 (b) If the state agency makes a determination that the disclosure of 17 any information required in the im...

... published along with the redacted impact 24 assessment. 25 (c) If the impact assessment covers any automated decision-making 26 system that includes technology that is used to prevent, detect, protect 27 against or respond to security incidents, identity theft, fraud, 28 harassment, malicious or deceptive a...

...rmination is 34 published along with the redacted impact assessment. 35 § 3. Disclosure of existing automated decision-making systems. Any 36 state agency, that directly or indirectly, utilizes an automated deci- 37 sion-making system, as defined in section 401 of the state technology 38 law, shall submit to...

...ng automated decision-making systems. Any 36 state agency, that directly or indirectly, utilizes an automated deci- 37 sion-making system, as defined in section 401 of the state technology 38 law, shall submit to the legislature a disclosure on the use of such 39 system, no later than one year after the effe...

...r the effective date of this section. 40 Such disclosure shall include: 41 (a) a description of the automated decision-making system utilized by 42 such agency; 43 (b) a list of any software vendors related to such automated deci- 44 sion-making system; 45 (c) the date that the use of such system began; 46 (...

...ion-making system utilized by 42 such agency; 43 (b) a list of any software vendors related to such automated deci- 44 sion-making system; 45 (c) the date that the use of such system began; 46 (d) a summary of the purpose and use of such system, including a 47 description of human decision-making and discret...

... including a 47 description of human decision-making and discretion supported or 48 replaced by the automated decision-making system; 49 (e) whether any impact assessments for the automated decision-making 50 system were conducted and the dates and summaries of the results of such 51 assessments where applic...

... 48 replaced by the automated decision-making system; 49 (e) whether any impact assessments for the automated decision-making 50 system were conducted and the dates and summaries of the results of such 51 assessments where applicable; and 52 (f) any other information deemed relevant by the agency. 53 § 4. Th...

...hat reflect the diversity of systems and individual experiences to explore the development of automated data exchange agreements that facilitate reporting of information relating to noncovered pensions. (b) Report.--The Commissioner of Social Security shall conclude the study d...

...lts of the study. Such report shall include the following: (1) A discussion of how the automated data exchange agreements could be implemented to cover noncovered pensions nationally, including the range of implementation timelines across State and local pension systems, or wit...

...ms, or with other governmental entities. (2) An analysis of the barriers to developing automated data exchange agreements and lessons learned that can help address these barriers. (3) A description of alternative methods for obtaining information related to noncovered pe...

...chase, procurement, acquisition, licensing and implementation of artificial intelligence and 77 machine learning systems for the various state agencies of the commonwealth; provided, that 5 of 878 such initiatives, projects and expenditures shall be in accordance with enterprise security policies 79 and o...

...tool (LOGCOP) using SBIR Phase III contracts over the years to provide advanced data analytic and artificial intelligence techniques or decision support tools. ITA continues to develop one of the resulting tools, called the Availability Management System (AMS), for the Navy's Mid-Atlantic Regional Maintenance Center ...

...CED OCTOBER 7, 2024 Sponsored by: Senator  TROY SINGLETON District 7 (Burlington) SYNOPSIS Requires artificial intelligence companies to conduct safety tests and report results to Office of Information Technology. CURRENT VERSION OF TEXT As introduced. An Act concerning artificial intelligence safety tests and supplementi...

...sults to Office of Information Technology. CURRENT VERSION OF TEXT As introduced. An Act concerning artificial intelligence safety tests and supplementing Title 52 of the Revised Statutes. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1.    a.  As used in P.L.    , c.    (C.        ) (pendin...

....    (C.        ) (pending before the Legislature as this bill): "Artificial intelligence" means an artificial intelligence system: a.     that performs tasks under varying and unpredictable circumstances without significant human oversight or that can learn from experience and improve performance when exposed to data set...

...ning, communication, or physical action; c.     designed to think or act like a human, including an artificial intelligence system that has cognitive architectures and neural networks; d.    that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e.     designed to a...

...ivate entity or public agency that sells, develops, deploys, uses, or offers for sale in this State artificial intelligence technology. "Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function. "Safety test" means a protocol for assessing ...

...nce technology. "Artificial intelligence technology" means a product or service that primarily uses artificial intelligence to perform its intended function. "Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats. b.    The Office of In...

...ificial intelligence to perform its intended function. "Safety test" means a protocol for assessing artificial intelligence technology for potential biases, inaccuracies, and cybersecurity threats. b.    The Office of Information Technology shall: (1)   establish minimum requirements for an artificial intelligence safety ...

...eats. b.    The Office of Information Technology shall: (1)   establish minimum requirements for an artificial intelligence safety test for artificial intelligence technology sold, developed, deployed, used, or offered for sale in this State that is conducted by an artificial intelligence company pursuant to subsection c....

...chnology shall: (1)   establish minimum requirements for an artificial intelligence safety test for artificial intelligence technology sold, developed, deployed, used, or offered for sale in this State that is conducted by an artificial intelligence company pursuant to subsection c. of this section, which requirements sha...

...chnology sold, developed, deployed, used, or offered for sale in this State that is conducted by an artificial intelligence company pursuant to subsection c. of this section, which requirements shall include but not be limited to: (a)   an analysis of potential cybersecurity threats and vulnerabilities; (b)   an analysis ...

...: (a)   an analysis of potential cybersecurity threats and vulnerabilities; (b)   an analysis of an artificial intelligence technology's data sources and potential sources of bias, incorrect or inaccurate information, or violations of State or federal criminal, copyright, patent, or trade secret laws; and (c)   descriptio...

...et laws; and (c)   descriptions of possible remedies or defensive measures that can be taken by the artificial intelligence company to address all potential cybersecurity threats and vulnerabilities, potential sources of bias, incorrect or inaccurate information, or potential violations of State or federal criminal, copyr...

...e conducting of the safety test; and (2)   review each annual report required to be submitted by an artificial intelligence company pursuant to subsection c. of this section. c.     An artificial intelligence company shall annually subject all artificial intelligence technology sold, developed, deployed, used, or offered ...

...subsection c. of this section. c.     An artificial intelligence company shall annually subject all artificial intelligence technology sold, developed, deployed, used, or offered for sale in this State to a safety test that adheres to the requirements established pursuant to subsection b. of this section and submit a repo...

...echnology to establish minimum requirements for an artificial intelligence safety test and requires artificial intelligence companies to subject artificial intelligence technology to a safety test and report the safety test results to the Office of Information Technology.  The bill also requires the Office of Information ...

...or an artificial intelligence safety test and requires artificial intelligence companies to subject artificial intelligence technology to a safety test and report the safety test results to the Office of Information Technology.  The bill also requires the Office of Information Technology to review each annual report submi...

...ill also requires the Office of Information Technology to review each annual report submitted by an artificial intelligence company.  An "artificial intelligence company" is defined as a private entity or public agency that sells, develops, deploys, uses, or offers for sale artificial intelligence technology in the State ...

...ation Technology to review each annual report submitted by an artificial intelligence company.  An "artificial intelligence company" is defined as a private entity or public agency that sells, develops, deploys, uses, or offers for sale artificial intelligence technology in the State of New Jersey. Under this bill, artifi...

...efined as a private entity or public agency that sells, develops, deploys, uses, or offers for sale artificial intelligence technology in the State of New Jersey. Under this bill, artificial intelligence companies are required to annually subject all artificial intelligence technology sold, developed, deployed, used, or o...

...fety test and submit a report to the Office of Information Technology containing: (1) a list of all artificial intelligence technologies tested; (2) a description of all safety tests conducted; (3) a list of all third parties used to conduct safety tests, if any; and (4) the results of all safety tests administered....

...hat has cognitive architectures and neural networks; d.    that uses a set of techniques, including machine learning, that is designed to approximate a cognitive task; or e.     designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perception, planning, reas...

...declarations, S. 4495, to enable safe, responsible, and agile procurement, development, and use of artificial intelligence by the Federal Government, S. 4675, to require the United States Postal Service to submit a comprehensive proposal to the Postal Regulatory Commission before implementing any network changes, S. 4...

...Space, which provides young people with mental and behavioral health resources and uses a trained machine learning model to help give advice on symptoms and share resources. Aditi spent countless hours and used many tools to develop her app and advance her STEM education. I congratulate Aditi Muthukumar for...

...ing text, image, video or sound: (1) the production of which is wholly dependent upon the use of artificial intelligence; and (2) that appears to establish, resemble or represent an individual in a way that did not occur in reality. AS FOLLOWS: (1) A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DEFINED...

... human, including cognitive architectures and neural networks. (4) A set of techniques, including machine learning, that is designed to approximate a cognitive task. (5) An artificial system designed to act rationally, including an intelligent software agent or embodied robot that achieves goals using perc...

...civil penalty. A. For the purposes of this section: "License plate reader system" means a system of automated high-speed cameras used in combination with computer algorithms to convert images of vehicles and license plates into computer-readable data that can be queried by an individually authenticated user ...

...ability area by the base residual auction or incremental auction, as determined by the optimization algorithm for each auction, conducted by PJM as part of PJM's reliability pricing model. "Resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste f...