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H.R. 1458, Unemployment Insurance Technology Modernization Act

Summary

House bill 1458, the Unemployment Insurance Technology Modernization Act of 2021, introduced in the House of Representatives on March 1, 2021, and referred to the Committee on Ways and Means. Its printed purpose is to modernize the technology for delivering unemployment compensation, and for other purposes. Section 2 directs the Secretary to develop, operate, and maintain a modular set of technology capabilities not later than 2 years after enactment. The bill sets requirements for online claim filing and provides that the capabilities shall not rely solely on a high-risk automated decision system to deny a claim, reduce the amount of unemployment compensation, or deny the right to appeal.

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Issuer
Congressional materials
Document type
Bills Bills 117Hr1458Ih Bills 117Hr1458Ih
Case
Bills Bills 117Hr1458Ih Bills 117Hr1458Ih

Cite this document

“H.R. 1458, Unemployment Insurance Technology Modernization Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr1458ih-bills-117hr1458ih/, SHA-256 4c93f97c26d38696a8b72c40109122d4d5f916e919ea04ecacca2e9e0ef1c32b.

Full text

                                                                                                                                                                        I




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                           H. R. 1458
                                                                       To modernize the technology for delivering unemployment compensation, and
                                                                                                   for other purposes.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                     MARCH 1, 2021
                                                                     Mr. HORSFORD (for himself, Mr. BEYER, Mr. BISHOP of Georgia, Ms.
                                                                         BONAMICI, Ms. BOURDEAUX, Mr. CONNOLLY, Mr. COOPER, Mr. DEFA-
                                                                         ZIO, Mr. EVANS, Mr. GARAMENDI, Mr. HASTINGS, Mr. KEATING, Mrs.
                                                                         LEE of Nevada, Mr. LIEU, Ms. NORTON, Ms. SEWELL, Ms. TITUS, Mrs.
                                                                         WATSON COLEMAN, and Ms. WILLIAMS of Georgia) introduced the fol-
                                                                         lowing bill; which was referred to the Committee on Ways and Means




                                                                                                               A BILL
                                                                         To modernize the technology for delivering unemployment
                                                                                 compensation, and for other purposes.

                                                                       1               Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4               This Act may be cited as the ‘‘Unemployment Insur-
                                                                       5 ance Technology Modernization Act of 2021’’.
                                                                       6     SEC. 2. MODERNIZATION OF TECHNOLOGY FOR DELIV-

                                                                       7                             ERING UNEMPLOYMENT COMPENSATION.




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                                                                       8               (a) ESTABLISHMENT.—



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                                                                       1                        (1) IN GENERAL.—Not later than 2 years after
                                                                       2               the date of enactment of this section, the Secretary
                                                                       3               shall develop, operate, and maintain a modular set
                                                                       4               of technology capabilities to modernize the delivery
                                                                       5               of unemployment compensation (in this section re-
                                                                       6               ferred to as the ‘‘technology capabilities’’).
                                                                       7                        (2) PURPOSES.—The purposes of developing
                                                                       8               the technology capabilities are the following:
                                                                       9                                 (A) For such capabilities to be utilized for
                                                                     10                         any Federal administrative function associated
                                                                     11                         with the provision of unemployment compensa-
                                                                     12                         tion.
                                                                     13                                  (B) To provide States with modular, open
                                                                     14                         system technology capabilities and shared serv-
                                                                     15                         ices to administer their unemployment com-
                                                                     16                         pensation programs.
                                                                     17                         (3) CONSULTATION.—In developing, operating,
                                                                     18                and maintaining the technology capabilities under
                                                                     19                paragraph (1), the Secretary shall—
                                                                     20                                  (A) coordinate with the Administrator; and
                                                                     21                                  (B) consult, design, and conduct usability
                                                                     22                         testing with—
                                                                     23                                          (i) current and former claimants;
                                                                     24                                          (ii) employers that participate in un-



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                                                                     25                                  employment compensation programs;


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                                                                       1                                         (iii) employees of State workforce
                                                                       2                                 agencies;
                                                                       3                                         (iv) experts in technology and user ex-
                                                                       4                                 perience;
                                                                       5                                         (v) Federal administrators of unem-
                                                                       6                                 ployment compensation;
                                                                       7                                         (vi) any other potential user of the
                                                                       8                                 technology capabilities; and
                                                                       9                                         (vii) subject matter experts as deemed
                                                                     10                                  appropriate by the Secretary.
                                                                     11                (b) REQUIREMENTS.—
                                                                     12                         (1) IN GENERAL.—The technology capabilities
                                                                     13                shall—
                                                                     14                                  (A) incorporate a modular open systems
                                                                     15                         approach and include modular components for
                                                                     16                         each function necessary to administer an unem-
                                                                     17                         ployment compensation program, including—
                                                                     18                                          (i) receiving, processing, and paying
                                                                     19                                  claims for unemployment compensation, in-
                                                                     20                                  cluding disaster benefits;
                                                                     21                                          (ii) online claim filing;
                                                                     22                                          (iii) the determination of claimant eli-
                                                                     23                                  gibility;
                                                                     24                                          (iv) the collection of unemployment



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                                                                     25                                  taxes;


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                                                                       1                                         (v) the submission of employer wage
                                                                       2                                 records;
                                                                       3                                         (vi) the appeals and adjudication
                                                                       4                                 processes for claimants and employers;
                                                                       5                                         (vii) sharing relevant data among
                                                                       6                                 States and the Secretary; and
                                                                       7                                         (viii) any other functionality that ad-
                                                                       8                                 dresses the issues and goals identified dur-
                                                                       9                                 ing the pre-development study described in
                                                                     10                                  subsection (c)(1);
                                                                     11                                  (B) comply with best practices and stand-
                                                                     12                         ards for privacy and cybersecurity, including
                                                                     13                         digital identity proofing services, identified in
                                                                     14                         consultation with the Director of the National
                                                                     15                         Institute of Standards and Technology (NIST)
                                                                     16                         and the Director of the Cybersecurity and In-
                                                                     17                         frastructure Security Agency (CISA);
                                                                     18                                  (C) prioritize end-to-end user experience
                                                                     19                         for claimants, employers, and administrators of
                                                                     20                         unemployment compensation programs;
                                                                     21                                  (D) include centralized Federal technology
                                                                     22                         capabilities that allow for the storage, exposure,
                                                                     23                         and exchange of data required by States to ad-
                                                                     24                         minister their unemployment compensation pro-



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                                                                     25                         grams (with the respective States retaining pos-


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                                                                       1                        session of such data without regard to the stor-
                                                                       2                        age, exposure, or exchange of such data in the
                                                                       3                        Federal technology capabilities);
                                                                       4                                 (E) provide States with the option to use
                                                                       5                        only some of the modular components of the
                                                                       6                        Federal technology capabilities while continuing
                                                                       7                        to utilize State technology capabilities to store
                                                                       8                        any data required to administer their unemploy-
                                                                       9                        ment compensation program in a State data-
                                                                     10                         base, provided that the State database meets
                                                                     11                         any guidelines established by the Secretary that
                                                                     12                         enable machine-to-machine interfaces to facili-
                                                                     13                         tate communication among States and between
                                                                     14                         such State and the Federal Government;
                                                                     15                                  (F) allow States to easily adapt the mod-
                                                                     16                         ular components of the Federal technology ca-
                                                                     17                         pabilities to meet the requirements of their
                                                                     18                         unique unemployment compensation programs;
                                                                     19                                  (G) ensure the timely and accurate pay-
                                                                     20                         ment of benefits, including measures to mini-
                                                                     21                         mize susceptibility to attacks by organized
                                                                     22                         criminal networks seeking to defraud State or
                                                                     23                         Federal unemployment compensation programs;
                                                                     24                         and



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                                                                       1                                 (H) to the extent practicable, be made
                                                                       2                        available (along with any associated data pro-
                                                                       3                        duced under this section) to support other
                                                                       4                        interagency and intergovernmental activities as
                                                                       5                        appropriate.
                                                                       6                        (2) ACCESSIBILITY                      REQUIREMENTS FOR ON-

                                                                       7               LINE CLAIM FILING.—With                                 respect to the online
                                                                       8               claim filing component described in paragraph
                                                                       9               (1)(A)(ii), such component shall—
                                                                     10                                  (A) ensure that the process of filing initial
                                                                     11                         and continuing claims for unemployment com-
                                                                     12                         pensation can be readily understood and accom-
                                                                     13                         plished by the vast majority of claimants, in-
                                                                     14                         cluding individuals with limited English pro-
                                                                     15                         ficiency, individuals with disabilities (in compli-
                                                                     16                         ance with section 508 of the Rehabilitation Act
                                                                     17                         of 1973 (29 U.S.C. 794d)), older individuals,
                                                                     18                         and individuals with literacy challenges;
                                                                     19                                  (B) be available in any language spoken by
                                                                     20                         more than 1 percent of the national population
                                                                     21                         or any State’s population (with such trans-
                                                                     22                         lations completed by human translators rather
                                                                     23                         than translation software) and comply with the
                                                                     24                         requirements of the Plain Writing Act of 2010



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                                                                     25                         (5 U.S.C. 301 note);


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                                                                       1                                 (C) be accessible and optimized for all
                                                                       2                        commonly used desktop computers, tablets, and
                                                                       3                        mobile devices and operating systems such that
                                                                       4                        any features of the online claim filing compo-
                                                                       5                        nent (such as the ability to upload documenta-
                                                                       6                        tion) that are available in the desktop version
                                                                       7                        of the online claim filing component are also
                                                                       8                        available in the tablet and mobile versions;
                                                                       9                                 (D) allow for electronic submission of doc-
                                                                     10                         umentation required to support a claim, includ-
                                                                     11                         ing the ability of claimants to scan or photo-
                                                                     12                         graph and submit documentation using a tablet
                                                                     13                         or mobile device;
                                                                     14                                  (E) be available 24 hours a day, 7 days a
                                                                     15                         week, with the exception of scheduled and emer-
                                                                     16                         gency maintenance that the State conducts, to
                                                                     17                         the extent practicable, at nonpeak hours;
                                                                     18                                  (F) provide self-service account recovery
                                                                     19                         that can be completed online; and
                                                                     20                                  (G) deploy multiple methods of commu-
                                                                     21                         nication with claimants, such as short message
                                                                     22                         service (SMS) message, email, postal mail, live
                                                                     23                         chat, or chatbots.
                                                                     24                         (3) REQUIREMENTS                            REGARDING                   HIGH-RISK




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                                                                     25                AUTOMATED DECISION SYSTEMS.—



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                                                                       1                                 (A) IN GENERAL.—The technology capa-
                                                                       2                        bilities shall not rely solely on a high-risk auto-
                                                                       3                        mated decision system to deny a claim for un-
                                                                       4                        employment compensation, reduce the amount
                                                                       5                        of unemployment compensation for which a
                                                                       6                        claimant is eligible, or deny the right of a
                                                                       7                        claimant to appeal an unemployment compensa-
                                                                       8                        tion decision.
                                                                       9                                 (B) PARTIAL RELIANCE.—
                                                                     10                                          (i) IN GENERAL.—If any of the tech-
                                                                     11                                  nology capabilities rely on a high-risk auto-
                                                                     12                                  mated decision system to determine that a
                                                                     13                                  claimant is ineligible for unemployment
                                                                     14                                  compensation, to reduce the amount of un-
                                                                     15                                  employment compensation for which a
                                                                     16                                  claimant is eligible, or to deny the right of
                                                                     17                                  a claimant to appeal an unemployment
                                                                     18                                  compensation                 decision,              the         Secretary
                                                                     19                                  shall—
                                                                     20                                                   (I) require that an employee of a
                                                                     21                                          State workforce agency review the de-
                                                                     22                                          termination before—
                                                                     23                                                             (aa) the claim for unemploy-
                                                                     24                                                   ment              compensation                 of   such



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                                                                     25                                                   claimant may be denied;


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                                                                       1                                                            (bb) the amount of unem-
                                                                       2                                                  ployment compensation for which
                                                                       3                                                  such claimant is eligible may be
                                                                       4                                                  reduced; or
                                                                       5                                                            (cc) the right of such claim-
                                                                       6                                                  ant to appeal an unemployment
                                                                       7                                                  compensation decision may be de-
                                                                       8                                                  nied;
                                                                       9                                                  (II) consult with experts in the
                                                                     10                                          Federal Government (including the
                                                                     11                                          Director of the National Institute of
                                                                     12                                          Standards and Technology and the
                                                                     13                                          Director of the National Science
                                                                     14                                          Foundation), regarding the potential
                                                                     15                                          benefits and risks of partial reliance
                                                                     16                                          on a high-risk automated decision sys-
                                                                     17                                          tem;
                                                                     18                                                   (III) prior to utilizing such part
                                                                     19                                          of the technology capabilities that re-
                                                                     20                                          lies on a high-risk automated decision
                                                                     21                                          system—
                                                                     22                                                             (aa) establish clear methods
                                                                     23                                                   to measure the accuracy of such
                                                                     24                                                   part of the technology capabili-



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                                                                     25                                                   ties; and


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                                                                       1                                                           (bb) ensure that such part
                                                                       2                                                  of      the        technology             capabilities
                                                                       3                                                  minimizes the occurrence of bi-
                                                                       4                                                  ased results based on race, gen-
                                                                       5                                                  der, ethnicity, disability status,
                                                                       6                                                  income, occupation, or other per-
                                                                       7                                                  sonal characteristics as deter-
                                                                       8                                                  mined by the Secretary, and pre-
                                                                       9                                                  vents any increase in such bias;
                                                                     10                                                   (IV) develop algorithmic impact
                                                                     11                                          assessments,                  incorporating             public
                                                                     12                                          feedback and expert agency review, to
                                                                     13                                          proactively assess the necessity of ad-
                                                                     14                                          ditional formal policies and safeguards
                                                                     15                                          to mitigate risks; and
                                                                     16                                                   (V) establish transparency re-
                                                                     17                                          quirements that include an annual
                                                                     18                                          public disclosure of any use of a high-
                                                                     19                                          risk automated decision system, a
                                                                     20                                          plain language explanation of the de-
                                                                     21                                          cision making structure of such high-
                                                                     22                                          risk automated decision system, and
                                                                     23                                          the details regarding such use and re-
                                                                     24                                          lated outcomes.



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                                                                       1                                         (ii) TRAINING.—The Secretary shall
                                                                       2                                 establish best practices for training any
                                                                       3                                 relevant employee of the Department or a
                                                                       4                                 State workforce agency to reduce the im-
                                                                       5                                 pact of automation bias.
                                                                       6                                 (C) MONITORING.—The Secretary shall
                                                                       7                        continuously monitor claim determinations that
                                                                       8                        rely, in part, on the use of a high-risk auto-
                                                                       9                        mated decision system to ensure that biased re-
                                                                     10                         sults based on the characteristics described in
                                                                     11                         subparagraph (B)(i)(III)(bb) do not occur.
                                                                     12                (c) PRE-DEVELOPMENT STUDY AND REPORT.—
                                                                     13                         (1) STUDY.—Prior to the development of the
                                                                     14                technology capabilities under subsection (a) or the
                                                                     15                procurement of such technology capabilities under
                                                                     16                subsection (g), the Secretary, in coordination with
                                                                     17                the Administrator, shall conduct a study assessing
                                                                     18                the technology needs of Federal and State unem-
                                                                     19                ployment compensation programs. Such study shall
                                                                     20                consider the following:
                                                                     21                                  (A) The Federal and State capabilities
                                                                     22                         that need to be upgraded or replaced to ensure
                                                                     23                         the smooth administration of their respective
                                                                     24                         unemployment compensation programs.



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                                                                       1                                 (B) How to design and develop a federally
                                                                       2                        maintained system that serves the needs of both
                                                                       3                        the Federal Government and each of the State
                                                                       4                        unemployment compensation programs.
                                                                       5                                 (C) The features necessary to effectively
                                                                       6                        respond to rapid changes in volume in times of
                                                                       7                        emergency, including features that enable easy
                                                                       8                        adaptation of, and updates to, such technology
                                                                       9                        capabilities in order to implement new rules or
                                                                     10                         benefits.
                                                                     11                                  (D) The features necessary to ensure the
                                                                     12                         technology capabilities have the capacity to han-
                                                                     13                         dle an increased number of claims during peri-
                                                                     14                         ods of high unemployment.
                                                                     15                                  (E) How the technology capabilities can
                                                                     16                         prioritize claimant experience and ensure acces-
                                                                     17                         sibility, including by soliciting feedback from
                                                                     18                         claimants and claimant representatives during
                                                                     19                         the development process.
                                                                     20                                  (F) How the technology capabilities can
                                                                     21                         ensure effective and equitable benefit delivery,
                                                                     22                         including the following:
                                                                     23                                          (i) The standardization of data collec-
                                                                     24                                  tion and reporting across States to facili-



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                                                                     25                                  tate administration and interoperability.


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                                                                       1                                         (ii) The features that will facilitate ac-
                                                                       2                                 curate and timely delivery of benefits and
                                                                       3                                 reduce the time from successful unemploy-
                                                                       4                                 ment compensation claim to benefit deliv-
                                                                       5                                 ery.
                                                                       6                                         (iii) The features that will help to
                                                                       7                                 identify         and         prevent           organized       fraud
                                                                       8                                 schemes           without             causing           unreasonable
                                                                       9                                 delays for legitimate claimants or penal-
                                                                     10                                  izing mistakes.
                                                                     11                                          (iv) The appropriate level of ongoing
                                                                     12                                  audit and analysis needed to evaluate the
                                                                     13                                  effectiveness and equitability of benefit de-
                                                                     14                                  livery.
                                                                     15                                          (v) How privacy-protective data expo-
                                                                     16                                  sure and exchange between government en-
                                                                     17                                  tities and privacy-protective public report-
                                                                     18                                  ing could be utilized to improve and ensure
                                                                     19                                  effective and equitable benefit delivery.
                                                                     20                                  (G) How the technology capabilities can
                                                                     21                         improve the employer experience, including tax
                                                                     22                         payment, the submission of wage information,
                                                                     23                         and the verification of claim information.




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                                                                       1                                 (H) How the technology capabilities can
                                                                       2                        improve processes for employees of State work-
                                                                       3                        force agencies.
                                                                       4                                 (I) The information security measures nec-
                                                                       5                        essary to protect claimants’ personal data while
                                                                       6                        enabling auditing and research, including rec-
                                                                       7                        ommendations for privacy-protective technolo-
                                                                       8                        gies, such as secure multi-party computation,
                                                                       9                        that can enable such auditing and research in
                                                                     10                         a manner that does not involve sharing data on
                                                                     11                         individual claimants.
                                                                     12                                  (J) How the technology capabilities can
                                                                     13                         improve data sharing among States and the
                                                                     14                         Federal Government with respect to recipiency,
                                                                     15                         benefit levels, timeliness, and accuracy.
                                                                     16                                  (K) How the technology capabilities can
                                                                     17                         minimize disparities in unemployment com-
                                                                     18                         pensation recipiency by race, gender, ethnicity,
                                                                     19                         disability status, income, or occupation, and
                                                                     20                         prevent any increase in such disparities.
                                                                     21                                  (L) Potential approaches for development
                                                                     22                         or procurement of the technology capabilities,
                                                                     23                         including, for each approach presented, range
                                                                     24                         estimates for development, implementation, and



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                                                                       1                        operational costs, and range estimates of capa-
                                                                       2                        bility delivery schedules.
                                                                       3                        (2) REPORT.—Not later than 4 months after
                                                                       4               the date of enactment of this section, the Secretary,
                                                                       5               in coordination with the Administrator, shall submit
                                                                       6               to Congress a report containing the results of the
                                                                       7               study conducted under paragraph (1), together with
                                                                       8               the Department’s strategy for development and pro-
                                                                       9               curement of the technology capabilities, including
                                                                     10                any recommendations for such legislation and ad-
                                                                     11                ministrative action as the Secretary determines ap-
                                                                     12                propriate.
                                                                     13                (d) DIGITAL SERVICES TEAM.—
                                                                     14                         (1) ESTABLISHMENT.—The Secretary, in co-
                                                                     15                ordination with the Administrator, shall establish in
                                                                     16                the Department a Digital Services Team (in this
                                                                     17                section referred to as the ‘‘Team’’).
                                                                     18                         (2) MEMBERSHIP.—The Team shall include—
                                                                     19                                  (A) technology experts;
                                                                     20                                  (B) user experience experts;
                                                                     21                                  (C) an experienced technical team leader
                                                                     22                         with experience in human-centered design and
                                                                     23                         modern software development practices; and
                                                                     24                                  (D) any other member deemed appropriate



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                                                                     25                         by the Secretary.


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                                                                       1                        (3) DUTIES.—The Team shall carry out the fol-
                                                                       2               lowing duties:
                                                                       3                                 (A) Assist the Secretary in the develop-
                                                                       4                        ment, operation, and maintenance of the tech-
                                                                       5                        nology capabilities under subsection (a).
                                                                       6                                 (B) After the development and deployment
                                                                       7                        of the technology capabilities under subsection
                                                                       8                        (a) is complete, assist the Secretary in oper-
                                                                       9                        ating and overseeing the maintenance and con-
                                                                     10                         tinued improvement of the technology capabili-
                                                                     11                         ties, including by providing technological assist-
                                                                     12                         ance—
                                                                     13                                          (i) to State workforce agencies; and
                                                                     14                                          (ii) to States seeking to adapt their
                                                                     15                                  State databases to interface with the feder-
                                                                     16                                  ally provided modular and open systems
                                                                     17                                  technology capabilities described in sub-
                                                                     18                                  section (b)(1)(E).
                                                                     19                                  (C) Ensure the Department has sufficient
                                                                     20                         in-house technical expertise and procurement
                                                                     21                         support.
                                                                     22                                  (D) Assist the Department with technology
                                                                     23                         needs.
                                                                     24                                  (E) Engage in such other activities deemed



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                                                                       1                        (4) STAFF AND RESOURCES.—The Secretary
                                                                       2               shall ensure that the Team has such staff, resources,
                                                                       3               and access to information as may be necessary to
                                                                       4               carry out the duties of the Team.
                                                                       5                        (5) DIGITAL SERVICES TEAM FUNDING.—Out of
                                                                       6               any money in the Treasury not otherwise appro-
                                                                       7               priated, there are appropriated to the Secretary
                                                                       8               $5,000,000 to carry out this subsection. Amounts
                                                                       9               appropriated under the preceding sentence shall re-
                                                                     10                main available until expended.
                                                                     11                (e) PILOT PROGRAM.—Prior to the deployment of the
                                                                     12 technology capabilities to all States, the Secretary shall
                                                                     13 select not fewer than 4 States to participate in a pilot pro-
                                                                     14 gram to test the technology capabilities and demonstrate
                                                                     15 that such technology capabilities meet the requirements
                                                                     16 and end-to-end user experience needs established by this
                                                                     17 Act, including those identified in the pre-development
                                                                     18 study described in subsection (c)(1).
                                                                     19                (f) DATA SHARING.—To enable the storage, expo-
                                                                     20 sure, and exchange of data required by States to admin-
                                                                     21 ister their unemployment compensation programs, the
                                                                     22 Secretary shall—
                                                                     23                         (1) establish Computer Matching Agreements in
                                                                     24                accordance with the Computer Matching and Pri-



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                                                                     25                vacy Protection Act of 1988 (5 U.S.C. 552a note)


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                                                                       1               to obtain information necessary to verify a claim-
                                                                       2               ant’s eligibility for unemployment compensation;
                                                                       3                        (2) determine appropriate aggregate data to
                                                                       4               share on a regular basis with the public through the
                                                                       5               Data.gov internet website pursuant to the Founda-
                                                                       6               tions for Evidence-Based Policy Making Act of 2018
                                                                       7               (5 U.S.C. 101 note);
                                                                       8                        (3) establish appropriate controls and moni-
                                                                       9               toring to make available only the data necessary for
                                                                     10                States to administer their unemployment compensa-
                                                                     11                tion programs; and
                                                                     12                         (4) establish a data retention policy for retain-
                                                                     13                ing or archiving historical unemployment compensa-
                                                                     14                tion program data as deemed appropriate.
                                                                     15                (g) PROCUREMENT AND CONTRACTS WITH PRIVATE
                                                                     16 VENDORS.—If the Secretary contracts with a private ven-
                                                                     17 dor to procure or develop or assist with the development
                                                                     18 of the technology capabilities under subsection (a), the
                                                                     19 Secretary shall—
                                                                     20                         (1) ensure that any agreement with such pri-
                                                                     21                vate vendor stipulates that the resulting technology
                                                                     22                capabilities and associated research, applications,
                                                                     23                automated processes, and associated metadata shall
                                                                     24                be the proprietary information of the Federal Gov-



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                                                                     25                ernment;


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                                                                       1                        (2) follow best practices for Government IT
                                                                       2               procurement to de-risk projects; and
                                                                       3                        (3) provide funding based on program outcomes
                                                                       4               rather than volume.
                                                                       5               (h) OVERSIGHT.—
                                                                       6                        (1) OVERSIGHT.—During and after the develop-
                                                                       7               ment of the technology capabilities under subsection
                                                                       8               (a), the Secretary shall—
                                                                       9                                 (A) respond to requests from Congress for
                                                                     10                         updates on the development of the technology
                                                                     11                         capabilities; and
                                                                     12                                  (B) participate in oversight hearings and
                                                                     13                         demonstrations of the technology capabilities as
                                                                     14                         requested by Congress.
                                                                     15                         (2) PUBLICLY AVAILABLE STATUS.—Not later
                                                                     16                than 6 months after the date of enactment of this
                                                                     17                section, the Secretary shall establish and maintain
                                                                     18                publicly available content, available on the internet
                                                                     19                website of the Department, that provides the status
                                                                     20                of—
                                                                     21                                  (A) the technology capabilities being devel-
                                                                     22                         oped under this section;
                                                                     23                                  (B) the metrics of success for such devel-
                                                                     24                         opment;



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                                                                       1                                 (C) the results from piloting and testing of
                                                                       2                        such technology capabilities; and
                                                                       3                                 (D) deployment of such technology capa-
                                                                       4                        bilities in each of the States and the Federal
                                                                       5                        Government.
                                                                       6               (i) TECHNOLOGY CAPABILITIES MODERNIZATION
                                                                       7 FUNDING.—Out of any money in the Treasury not other-
                                                                       8 wise appropriated, there are appropriated to the Secretary
                                                                       9 $500,000,000 to carry out this section (other than sub-
                                                                     10 section (d)). Amounts appropriated under the preceding
                                                                     11 sentence shall remain available until expended.
                                                                     12                (j) DEFINITIONS.—In this section:
                                                                     13                         (1) ADMINISTRATOR.—The term ‘‘Adminis-
                                                                     14                trator’’ means the Administrator of the United
                                                                     15                States Digital Service.
                                                                     16                         (2) AUTOMATED DECISION SYSTEM.—The term
                                                                     17                ‘‘automated decision system’’ means a computational
                                                                     18                process, including one derived from machine learn-
                                                                     19                ing, statistics, or other data processing or artificial
                                                                     20                intelligence techniques, that makes a decision or fa-
                                                                     21                cilitates human decision making that impacts claim-
                                                                     22                ants.
                                                                     23                         (3) AUTOMATION BIAS.—The term ‘‘automation
                                                                     24                bias’’ means the tendency for humans to over-rely on



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                                                                     25                the recommendation of an automated decision sys-


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                                                                       1               tem, to place overconfidence in such recommendation
                                                                       2               based on perceived superiority to analog or human
                                                                       3               processes, or to ignore evidence that would indicate
                                                                       4               the automated decision system has made an error.
                                                                       5                        (4) CLAIMANT.—The term ‘‘claimant’’ means a
                                                                       6               claimant for unemployment compensation.
                                                                       7                        (5) DEPARTMENT.—The term ‘‘Department’’
                                                                       8               means the Department of Labor.
                                                                       9                        (6) HIGH-RISK                    AUTOMATED                 DECISION     SYS-

                                                                     10                TEM.—The term ‘‘high-risk automated decision sys-

                                                                     11                tem’’ means an automated decision system that—
                                                                     12                                  (A) poses a significant risk—
                                                                     13                                          (i) to the privacy or security of per-
                                                                     14                                  sonal information of claimants; or
                                                                     15                                          (ii) of resulting in or contributing to
                                                                     16                                  inaccurate, unfair, biased, or discrimina-
                                                                     17                                  tory decisions impacting claimants;
                                                                     18                                  (B) makes decisions, or facilitates human
                                                                     19                         decision making, based on systematic evalua-
                                                                     20                         tions of current and historical claimant data,
                                                                     21                         including attempts to analyze or predict sen-
                                                                     22                         sitive aspects of claimants’ lives or characteris-
                                                                     23                         tics or activities that may affect their eligibility
                                                                     24                         for unemployment compensation, such as their



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                                                                     25                         reason for separation from employment, avail-


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                                                                       1                        ability for work, work search activities, work
                                                                       2                        performance, economic situation, health, per-
                                                                       3                        sonal preferences, interests, behavior, location,
                                                                       4                        or movements, that—
                                                                       5                                         (i) alter legal rights of the claimants;
                                                                       6                                 or
                                                                       7                                         (ii) otherwise significantly impact the
                                                                       8                                 claimants;
                                                                       9                                 (C) involves the personal information of a
                                                                     10                         significant number of claimants regarding race,
                                                                     11                         color, national origin, political opinions, reli-
                                                                     12                         gion, trade union membership, genetic data, bi-
                                                                     13                         ometric data, health, gender, gender identity,
                                                                     14                         sexuality, sexual orientation, disability status,
                                                                     15                         criminal convictions, or arrests; or
                                                                     16                                  (D) meets any other criteria deemed ap-
                                                                     17                         propriate by the Secretary.
                                                                     18                         (7) MODULAR OPEN SYSTEMS APPROACH.—The
                                                                     19                term ‘‘modular open systems approach’’ means an
                                                                     20                integrated business and technical strategy that—
                                                                     21                                  (A) employs a modular design that uses
                                                                     22                         system interfaces between a system platform
                                                                     23                         and a system component, between system com-
                                                                     24                         ponents, or between system platforms;



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                                                                       1                                 (B) is subjected to verification to ensure
                                                                       2                        system interfaces comply with, if available and
                                                                       3                        suitable, widely supported and consensus-based
                                                                       4                        standards; and
                                                                       5                                 (C) uses a system architecture that allows
                                                                       6                        severable system platforms or components at
                                                                       7                        the appropriate level to be incrementally added,
                                                                       8                        removed, or replaced throughout the life cycle
                                                                       9                        of a system platform or component while yield-
                                                                     10                         ing—
                                                                     11                                          (i) significant cost savings or avoid-
                                                                     12                                  ance;
                                                                     13                                          (ii) schedule reduction;
                                                                     14                                          (iii) opportunities for technical up-
                                                                     15                                  grades;
                                                                     16                                          (iv) increased interoperability; or
                                                                     17                                          (v) other benefits during the sustain-
                                                                     18                                  ment phase.
                                                                     19                         (8) SECRETARY.—The term ‘‘Secretary’’ means
                                                                     20                the Secretary of Labor.
                                                                     21                         (9) SECURE MULTI-PARTY COMPUTATION.—The
                                                                     22                term ‘‘secure multi-party computation’’ means a
                                                                     23                computerized system that enables different partici-
                                                                     24                pating entities in possession of private sets of data



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                                                                     25                to link and aggregate their data sets for the exclu-


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                                                                       1               sive purpose of performing a finite number of pre-
                                                                       2               approved computations without transferring or oth-
                                                                       3               erwise revealing any private data to each other or
                                                                       4               anyone else.
                                                                       5                        (10) STATE.—The term ‘‘State’’ means each of
                                                                       6               the several States, the District of Columbia, the
                                                                       7               Commonwealth of Puerto Rico, and the United
                                                                       8               States Virgin Islands.
                                                                                                                                Æ




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