Discrimination

(a) In general A developer or deployer shall not offer, license, promote, sell, or use a covered algorithm in a manner that— (1) causes or contributes to a disparate impact in a manner that prevents; (2) otherwise discriminates in a manner that prevents; or (3) otherwise makes unavailable, the equal enjoyment of goods, services, or other activities or opportunities, related to a consequential action, on the basis of a protected characteristic. (b) Exceptions This section shall not apply to— (1) the offer, licensing, or use of a covered algorithm for the sole purpose of— (A) a developer’s or deployer’s self-testing (or auditing by an independent auditor at a developer’s or deployer’s request) to identify, prevent, or mitigate discrimination, or otherwise to ensure compliance with obligations, under Federal law; (B) expanding an applicant, participant, or customer pool to raise the likelihood of increasing diversity or redressing historic discrimination; or (C) conducting— (i) good faith security research; or (ii) other research, if conducting the research is not part or all of a commercial act; or (2) any private club or other establishment not in fact open to the public, as described in section 201(e) of the Civil Rights Act of 1964 (42 U.S.C. 2000a(e)).