,,ii #aahth ,,congress #ast ,session ,s4 #ahfe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #g1 #bjbc,mr4 ,peters 7for himself1 ,mr4 ,braun1 and ,mr4 ,lankford7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to direct agencies to be transparent when using automated and augmented systems to interact with the public or make critical decisions1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,transparent ,automated ,governance ,act or the ,,tag ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,agency ,the term agency has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7#b7 ,augmented critical decision process ,the term augmented critical decision process means the use by an agency1 or by a third party on behalf of the agency1 of an automated system to determine or substantially influence the outcomes of critical decisions4 7#c7 ,automated system ,the term automated system-- 7,a7 means a set of computational processes derived from statistics or artificial intelligence techniques1 or that otherwise rely on data about specific individuals or groups1 to substantially influence the outcome of critical decisions1 including computational processes that stand alone or are embedded within another process1 system1 or application1 including paper-based processes2 and 7,b7 does not include computational processes or infrastructure the function of which is not directly related to influencing or determining the outcome of critical decisions4 7#d7 ,critical decision ,the term critical decision means an agency determination1 including the assignment of a score or classification1 related to the status1 rights1 property1 or well-being of specific individuals or groups1 the outcome of which-- 7,a7 is likely to meaningfully differ from one individual or group to another2 and 7,b7 meaningfully affects access to1 or the cost1 terms1 or availability of-- 7i7 education and vocational training2 7ii7 employment2 7iii7 essential utilities1 including electricity1 heat1 water1 and internet2 7iv7 transportation2 7v7 any benefits or assistance under any ,federal public assistance program or under any ,state or local public assistance program financed in whole or in part with ,federal funds2 7vi7 financial services1 including access to credit or insurance2 7vii7 asylum and immigration services2 7viii7 healthcare2 7ix7 housing1 lodging1 or public accommodations2 and 7x7 any other service1 program1 or opportunity a determination about which would have a legal1 material1 or significant effect on the life of an individual1 as determined by the ,director4 7#e7 ,director ,the term ,director means the ,director of the ,office of ,management and ,budget4 7#f7 ,plain language ,the term plain language has the meaning given the term in section #acaa7;e77#c77;,b7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjca7;e77#c77;,b774 7#g7 ,transparent automated governance guidance ,the term transparent automated governance guidance means the guidance issued by the ,director pursuant to section #c7;a74 #c4 ,transparent automated governance guidance 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall issue guidance that-- 7#a7 is consistent with relevant legal authorities relating to privacy1 civil rights1 and civil liberties protections2 and 7#b7 requires agencies to provide disclosure and opportunity for appeal when using certain automated systems and augmented critical decision processes4 7b7 ,guidance ,the transparent automated governance guidance issued under subsection 7a7 shall include-- 7#a7 an identification by the ,director of any additional services1 programs1 or opportunities relating to critical decisions described in section #b7d77;,b77x71 if appropriate1 for use by agencies with respect to the requirements under this ,act2 7#b7 a list of automated systems that may be used in augmented critical decision processes1 that1 as determined by the ,director1 are not subject to the requirements of this ,act2 7#c7 with respect to automated systems that contribute to augmented critical decision processes and interact with the public1 guidance for how agencies shall design1 develop1 or update those automated systems to provide plain language notice to individuals not later than the time and at the place of interaction with such an automated system that they are interacting with such an automated system2 7#d7 the proper contents of the notice described in paragraph 7#c72 7#e7 examples of what the notice described in paragraph 7#c7 could look like in practice2 7#f7 with respect to augmented critical decision processes1 guidance for how agencies shall provide plain language notice to individuals not later than the time a critical decision is issued to an individual that a critical decision concerning the individual was made using an augmented critical decision process2 7#g7 the proper contents of the notice described in paragraph 7#f72 7#h7 examples of what the notice described in paragraph 7#f7 could look like in practice2 7#i7 guidance for how agencies shall establish an appeals process for critical decisions made by an augmented critical decision process in which an individual is harmed as a direct result of the use of an automated system in the augmented critical decision process2 7#aj7 with respect to critical decisions made by an augmented critical decision process1 guidance for how agencies should provide individuals with the opportunity for an alternative review1 as appropriate1 by an individual working for or on behalf of the agency with respect to the critical decision1 independent of the augmented critical decision process2 and 7#aa7 criteria for information that each agency is required to track and collect relating to issues that arise during the use of augmented critical decision processes-- 7,a7 to ensure that the information collected can be used to determine whether each automated system and augmented critical decision process covered by this ,act is accurate1 reliable1 and1 to the greatest extent practicable1 explainable2 and 7,b7 that the agency shall make accessible for use by the agency1 the ,comptroller ,general of the ,united ,states1 and ,congress4 7c7 ,consultation ,in developing the transparent automated governance guidance1 the ,director shall solicit input from experts from-- 7#a7 other agencies1 including the ,national ,institute for ,science and ,technology1 the ,office of ,science and ,technology ,policy1 and the ,government ,accountability ,office2 7#b7 academia2 7#c7 the private sector2 and 7#d7 the nonprofit sector1 including experts in civil rights and civil liberties4 7d7 ,artificial ,intelligence ,guidance ,the guidance required by section #ajd of the ,,ai in ,government ,act of #bjbj 7#dj ,u4,s4,c4 #aacja note7 may be used to satisfy the requirement for the transparent automated governance guidance with respect to relevant automated systems and augmented critical decision processes1 or a subset thereof1 if such guidance addresses each requirement under subsection 7b7 of this section with respect to the automated system or augmented critical decision process4 7e7 ,updates ,not later than #b years after the date on which the ,director issues the transparent automated governance guidance1 and biennially thereafter1 the ,director shall issue updates to the guidance4 #d4 ,agency implementation 7a7 ,agency implementation of transparent automated governance guidance ,not later than #bgj days after the date on which the ,director issues the transparent automated governance guidance1 the head of each agency shall implement the transparent automated governance guidance to the extent that implementation does not require rulemaking4 7b7 ,comptroller ,general report ,not later than #b years after the date of enactment of this ,act1 and biannually thereafter1 the ,comptroller ,general of the ,united ,states shall review agency compliance with this ,act and submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,oversight and ,accountability of the ,house of ,representatives a report with findings and recommendations4 #e4 ,sunset ,beginning on the date that is #aj years after the date of enactment of this ,act1 this ,act shall have no force or effect4