S. 3680 — Eliminating Bias in Algorithmic Systems Act of 2026

This section establishes definitions for purposes of the Act, including— (1) "agency," which has the meaning given in 44 U.S.C. §3502 (i.e., generally any executive branch entity or independent regulatory agency, with specified exclusions); (2) "covered agency," meaning an agency that uses, funds, procures, or participates in developing a covered algorithm, or that oversees, regulates, or advises on such development or use; (3) "covered algorithm," meaning a computational process using machine learning, natural language processing, artificial intelligence, or similar techniques (or derived therefrom) that has the potential to materially affect agency programs, regulated economic opportunities, or protected rights; and (4) "protected characteristic," meaning actual or perceived traits of an individual or group, including race, color, ethnicity, national origin, religion, sex (including sexual orientation, gender identity, pregnancy, and intersex traits), disability, age, veteran status, genetic or medical information, and any other classification protected by federal law.

This section requires the head of each covered agency to establish an office of civil rights employing experts and technologists focused on bias, discrimination, and other harms from covered algorithms attributable to possessing or being perceived as possessing a protected characteristic. Those offices must submit reports to relevant congressional committees not later than one year after enactment and biennially thereafter detailing (1) the state of covered algorithms within the agency's jurisdiction, including related risks; (2) agency mitigation steps; (3) stakeholder engagements; and (4) recommendations for legislation or administrative action. This section further directs the Assistant Attorney General for the Civil Rights Division of the Department of Justice to establish an interagency working group on covered algorithms and civil rights, with each agency office as a member, not later than one year after enactment; and authorizes appropriations to covered agencies as necessary to implement these requirements.