Statements on Introduced Bills and Joint Resolutions

Floor Speech

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Mr. WYDEN. Mr. President, today I, along with my colleague Senator Booker of New Jersey, are introducing the Algorithmic Accountability Act. This bill is a critical first step to address the use of biased or discriminatory algorithmic decisions impacting American consumers. It is a bicameral effort, led in the House of Representatives by Congresswoman Yvette Clarke, vice chair of the Energy and Commerce Committee.

Today's biggest companies are increasingly using algorithms to make decisions about consumers. The use by companies of algorithms can often benefit consumers, and these technologies have been critical in the creation of thousands of American companies. Alongside this beneficial proliferation, algorithms have become entrenched in the most life- changing of decisions. Algorithms can now determine whether Americans are hired for a dream job, are approved for a home mortgage, or even sent to jail.

But, as history has shown, a win for the corporation is not always a win for the consumer. And, in this case, when consumers lose, all too often they are a woman or an American of color. Though an innovation critical for future growth, algorithms can be as discriminatory as the humans they have begun to replace.

The issue is a simple one: While algorithms come to conclusions based on calculations, these calculations are created by humans or use data collected and supplied by humans. And, unfortunately, we humans can be biased, whether we know it or not, or we can created algorithms that, in time, create biases of their own.

Thanks to a flood of news reports and investigations detailing algorithms-gone-wrong, these issues are coming to light. Yet, American companies and the U.S. government are doing far too little to assess whether their own algorithms depend on biased assumptions, have created biases assumptions, and have the effect of increasing discrimination in the U.S.

Senator Booker and I intend to change that by ensuring that today's racial, social, and gender biases do not become entrenched in the automation of tomorrow.

Our bill has four main components.

First, it authorizes the Federal Trade Commission to create regulations requiring companies under its jurisdiction to conduct impact assessments of highly sensitive algorithms. This requirement would apply not only to new algorithmic systems, but also those that are both new and already in existence.

Second, it requires companies to assess their use of algorithms-- including any relevant training data--for impacts on accuracy, fairness, bias, discrimination, privacy, and security.

Third, it requires companies to evaluate how their information systems protect the privacy and security of consumers' personal information.

And, finally, it requires companies to correct any issues they discover during the impact assessments.

This legislation is in no way intended to hinder the adoption by American companies of advanced technologies like algorithms. Automated decision systems are out there, and they are being adopted into commercial decision-making processes.

What we are seeking to do with this bill is to ensure that companies take a hard look at their own technologies to ensure that they address any unintended side effects.

Mr. President, it is time for Congress to get involved by requiring companies to address biases and unintended discriminatory effects in their automated decision systems.

I thank my colleague Senator Booker for his efforts on this bill, and I hope the Senate will promptly consider and pass this critical legislation.

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