Covered algorithm standards

(a) Covered algorithm use A developer or deployer shall do the following: (1) Take reasonable measures to prevent and mitigate any harm identified by a pre-deployment evaluation described in section 102(a) or an impact assessment described in section 102(b). (2) Take reasonable measures to ensure that an independent auditor has all necessary information to complete an accurate and effective pre-deployment evaluation described in section 102(a) or an impact assessment described in section 102(b). (3) With respect to a covered algorithm, consult stakeholders, including any communities that will be impacted by the covered algorithm, regarding the development or deployment of the covered algorithm prior to the deploying, licensing, or offering the covered algorithm. (4) With respect to a covered algorithm, certify that, based on the results of a pre-deployment evaluation described in section 102(a) or an impact assessment described in section 102(b)— (A) use of the covered algorithm is not likely to result in harm or disparate impact in the equal enjoyment of goods, services, or other activities or opportunities; (B) the benefits from the use of the covered algorithm to individuals affected by the covered algorithm likely outweigh the harms from the use of the covered algorithm to such individuals; and (C) use of the covered algorithm is not likely to result in a deceptive act or practice. (5) Ensure that any covered algorithm of the developer or deployer functions— (A) at a level that would be considered reasonable performance by an individual with ordinary skill in the art; and (B) in a manner that is consistent with its expected and publicly advertised performance, purpose, or use. (6) Ensure any data used in the design, development, deployment, or use of the covered algorithm is relevant and appropriate to the deployment context and the publicly advertised purpose or use. (7) Ensure use of the covered algorithm as intended is not likely to result in a violation of this Act. (b) Deceptive marketing of a product or service It shall be unlawful for a developer or deployer to engage in false, deceptive, or misleading advertising, marketing, or publicizing of a covered algorithm of the developer or deployer. (c) Off-Label use (1) Developers It shall be unlawful for a developer to knowingly offer or license a covered algorithm for any consequential action other than those evaluated in the pre-deployment evaluation described in section 102(a). (2) Deployers It shall be unlawful for a deployer to knowingly use a covered algorithm for any consequential action other than a use evaluated in the pre-deployment evaluation described in section 102(a), unless the deployer agrees to assume the responsibilities of a developer required by this Act.