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S. 2164IntroducedSenate · nowHousePresidentLawIn committee
Sec. 6 · S. 2164

Reporting; publicly accessible repository

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(a) Annual report Not later than 1 year after the effective date described in section 3(b)(3), and annually thereafter, the Commission shall publish publicly on the website of the Commission a report describing and summarizing the information from the summary reports submitted under subparagraph (D), (E), or (F) of section 3(b)(1) that— (1) is accessible and machine readable in accordance with the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note); and (2) describes broad trends, aggregated statistics, and anonymized lessons learned about performing impact assessments of automated decision systems or augmented critical decision processes, for the purposes of updating guidance related to impact assessments and summary reporting, oversight, and making recommendations to other regulatory agencies. (b) Publicly accessible repository (1) In general (A) Establishment (i) Development Not later than 180 days after the Commission promulgates the regulations required under section 3(b)(1), the Commission shall develop a publicly accessible repository designed to publish a limited subset of the information about each automated decision system and augmented critical decision process for which the Commission received a summary report under subparagraph (D), (E), or (F) of section 3(b)(1) in order to facilitate consumer protection. (ii) Publication Not later than 180 days after the effective date described in section 3(b)(3), the Commission shall make the repository publicly accessible. (iii) Updates The Commission shall update the repository on a quarterly basis. (B) Purpose The purposes of the repository established under subparagraph (A) are— (i) to inform consumers about the use of automated decision systems and augmented critical decision processes; (ii) to allow researchers and advocates to study the use of automated decision systems and augmented critical decision processes; and (iii) to ensure compliance with the requirements of this Act. (C) Considerations In establishing the repository under subparagraph (A), the Commission shall consider— (i) how to provide consumers with pertinent information regarding augmented critical decision processes while minimizing any potential commercial risk to any covered entity of providing such information; (ii) what information, if any, to include regarding the specific automated decision systems deployed in the augmented critical decision processes; (iii) how to document information, when applicable, about how to contest or seek recourse for a critical decision in a manner that is readily accessible by the consumer; and (iv) how to streamline the submission of summary reports under subparagraph (D), (E), or (F) of section 3(b)(1) to allow the Commission to efficiently populate information into the repository to minimize or eliminate any burden on the Commission. (D) Requirements The Commission shall design the repository established under subparagraph (A) to— (i) be publicly available and easily discoverable on the website of the Commission; (ii) allow users to sort and search the repository by multiple characteristics (such as by covered entity, date reported, or category of critical decision) simultaneously; (iii) allow users to make a copy of or download the information obtained from the repository, including any subsets of information obtained by sorting or searching as described in clause (ii), in accordance with current guidance from the Office of Management and Budget, such as the Open, Public, Electronic, and Necessary Government Data Act (44 U.S.C. 101 note); (iv) be in accordance with user experience and accessibility best practices such as those described in the 21st Century Integrated Digital Experience Act (44 U.S.C. 3501 note); (v) include a limited subset of information from the summary reports, as applicable, under subparagraph (D), (E), or (F) of section 3(b)(1) that includes— (I) the identity of the covered entity that submitted such summary report, including any link to the website of the covered entity; (II) the specific critical decision that the augmented critical decision process makes, along with the category of the critical decision; (III) any publicly stated prohibited applications of the automated decision system or augmented critical decision process, including whether such prohibition is enforced through any terms of use, licensing agreement, or other legal agreement between entities; (IV) to the extent possible, the sources of any data used to develop, test, maintain, or update the automated decision system or augmented critical decision process; (V) to the extent possible, the type of technical and business metrics used to assess the performance of the augmented critical decision process when deployed; and (VI) the link to any web page with instructions or other information related to a mechanism by which a consumer may contest, correct, or appeal a decision or opt out of the automated decision system or augmented critical decision process; and (vi) include information about design, use, and maintenance of the repository, including— (I) how frequently the repository is updated; (II) the date of the most recent such update; (III) the types of information from the summary reports submitted under subparagraph (D), (E), or (F) of section 3(b)(1) that are and are not included in the repository; and (IV) any other information about the design, use, and maintenance the Commission determines is— (aa) relevant to consumers and researchers; or (bb) essential for consumer education and recourse. (2) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as are necessary to carry out this subsection.

Sec. 6: Reporting; publicly accessible repository · Public Law Tracker