Digital Civil and Human Rights Act of 2022
Latest action. Referred to the subcommitteeA smaller panel inside a standing committee with jurisdiction over a slice of its subject matter. Most hearings and the first markup usually happen here.Read the full definition (opens a new tab) on the Constitution, civil rightsProtections against discrimination and guarantees of equal participation, usually enforced by statute. Civil liberties are freedoms from government interference.Read the full definition (opens a new tab), and Civil Liberties.
Digital Civil and Human Rights Act of 2022
This bill establishes prohibitions on the use of automated systems in a discriminatory manner.
Specifically, the bill prohibits (1) a federal agency, U.S. court, or state, local, or tribal government from using any automated decision system that has a disparate impact on the basis of race, national origin, color, religion, disability, or sex; or (2) the use of automated systems with bias by the Department of Defense. Each federal agency must maintain on its public website a bias data sheet for each automated decision system used by such agency with the potential for a disparate impact on such bases.
The bill prohibits a respondent, in connection with the selection or referral of applicants or candidates for employment or promotion, from using any automated decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.
The bill prohibits places of public accommodation from using in their operations that affect commerce any decision system that has a disparate impact on the basis of race, color, religion, sex, or national origin.
The bill requires (1) the Office of the Director of National Intelligence to submit to Congress a report on the use within the intelligence community of automated decision systems with an adverse distinction based on race, religion, sex, health, age, or any other similar criteria; and (2) the National Institute of Standards and Technology to develop, publish, and maintain standards for reporting bias in an automated decision system.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on April 7, 2022. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on November 1, 2022: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 117th Congress (2021-22), 362 of the 15,242 bills and joint resolutions introduced became law, about 2.4 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Anthony Brown (D-MD) introduced it on April 7, 2022, and 2 members have since signed on as cosponsors.
They are 2 Democrats.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on April 7, 2022, 1617 days ago. The most recent recorded action was 1409 days ago, on November 1, 2022.
Measures do not carry over. Anything the 117th Congress has not finished by January 3, 2023 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers