Human alternatives and other protections

(a) Right to human alternatives (1) Rulemaking Not later than 2 years after the date of enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, specifying the circumstances and manner in which a deployer shall provide to an individual a means to opt-out of the use of a covered algorithm for a consequential action and to elect to have the consequential action concerning the individual undertaken by a human without the use of a covered algorithm. (2) Considerations In promulgating the regulations under paragraph (1), the Commission shall consider the following: (A) How to ensure that any notice or request from a deployer regarding the right to a human alternative is clear and conspicuous, in plain language, easy to execute, and at no cost to an individual. (B) How to ensure that any such notice to individuals is effective, timely, and useful. (C) The specific types of consequential actions for which a human alternative is appropriate, considering the magnitude of the action and risk of harm. (D) The extent to which a human alternative would be beneficial to individuals and the public interest. (E) The extent to which a human alternative can prevent or mitigate harm. (F) The risk of harm to individuals beyond the requestor if a human alternative is available or not available. (G) The feasibility of providing a human alternative in different circumstances. (H) Any other considerations the Commission deems appropriate to balance the need to give an individual control over a consequential action related to such individual with the practical feasibility and effectiveness of granting such control. (b) Individual autonomy A developer or deployer may not condition, effectively condition, attempt to condition, or attempt to effectively condition the exercise of any individual right under this Act or individual choice through— (1) the use of any false, fictitious, fraudulent, or materially misleading statement or representation; or (2) the design, modification, or manipulation of any user interface with the purpose or substantial effect of obscuring, subverting, or impairing a reasonable individual’s autonomy, decision making, or choice to exercise any such right. (c) Right To appeal (1) Rulemaking Not later than 2 years after the date of enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, specifying the circumstances and manner in which a deployer shall provide to an individual a mechanism to appeal to a human a consequential action resulting from the deployer’s use of a covered algorithm. (2) Considerations In promulgating the regulations under paragraph (1), the Commission shall do the following: (A) Ensure that the appeal mechanism is clear and conspicuous, in plain language, easy-to-execute, and at no cost to individuals. (B) Ensure that the appeal mechanism is proportionate to the consequential action. (C) Ensure that the appeal mechanism is reasonably accessible to individuals with disabilities, timely, usable, effective, and non-discriminatory. (D) Require, where appropriate, a mechanism for individuals to identify and correct any personal data used by the covered algorithm. (E) Specify training requirements for human reviewers with respect to a consequential action. (F) Consider any other circumstances, procedures, or matters the Commission deems appropriate to balance the need to give an individual a right to appeal a consequential action related to such individual with the practical feasibility and effectiveness of granting such right.