Study on explanations regarding the use of covered algorithms

(a) Study (1) In general The Commission shall conduct a study, with notice and public comment, on the feasibility of requiring deployers to provide a clear, conspicuous, easy-to-use, no-cost mechanism that is accessible for individuals with disabilities and allows an individual to receive an explanation as to whether and how a covered algorithm used by the deployer affects or affected an individual. (2) Requirements The study required under paragraph (1) shall include the following: (A) An overview of the purposes for which an explanation would be provided to an individual and the extent to which an explanation would feasibly serve such purposes. (B) How explanations can be provided in a manner that is clear, conspicuous, easy-to-use, no-cost, accessible to individuals with disabilities, effective for individuals with limited English language proficiency, and calibrated to the level of risk based on the covered algorithm. (C) An assessment of the feasibility of a requirement for deployers to provide a mechanism for individuals who may be affected or were affected by a covered algorithm to request an explanation that— (i) includes information— (I) regarding why the covered algorithm produced the result it produced with respect to the individual making the request; and (II) that is truthful, accurate, and scientifically valid; (ii) identifies at least the most significant factors used to inform the covered algorithm’s outputs; and (iii) includes any other information deemed relevant by the Commission to provide an explanation for an individual who may be affected or was affected by a covered algorithm. (D) An assessment of what information a developer must provide a deployer in order to ensure explanations can be provided to individuals upon request. (E) The extent to which current technical capabilities of covered algorithms impacts the feasibility of providing explanations. (F) How a deployer can take reasonable measures to verify the identity of an individual making a request for an explanation to ensure that the deployer provides an explanation only to the affected individual, including steps a deployer should take to ensure the safe and secure storage, collection, and deletion of personal information. (G) Recommendations for Congress on how to implement regulations around mechanisms for explanations. (3) Consultation In conducting the study required under this subsection, the Commission shall consult with the National Institute of Science of Technology, the National Telecommunications and Information Administration, the Office of Science and Technology Policy, and any other agency deemed relevant by the Commission. (b) Report Not later than 18 months after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes the findings of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate.