,,ii #aaith ,,congress #b;d ,session ,s4 #efdh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,mr4 ,peters 7for himself 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 ,artificial intelligence ,the term artificial intelligence-- 7,a7 has the meaning given the term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja72 and 7,b7 includes the artificial systems and techniques described in paragraphs 7#a7 through 7#e7 of section #bch7;g7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7#aj ,u4,s4,c4 note prec4 #djfa2 ,public ,law #aae-bcb74 7#c7 ,automated system ,the term automated system-- 7,a7 means a digital or computational system that uses artificial intelligence techniques1 including machine learning1 deep learning1 neural networks1 or natural language processing1 to autonomously generate outputs1 predictions1 or recommendations that substantially influence the outcome of critical decisions1 including computational processes that stand alone or are embedded within another digital system or application2 and 7,b7 does not include-- 7i7 paper-based processes or physical workflows2 or 7ii7 deterministic computational processes or hard-coded logical algorithms that rate without predictive1 generative1 or learning capabilities1 such as standard if-then decision trees4 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 wellbeing of specific individuals or groups1 the outcome of which meaningfully affects access to1 or the cost1 terms1 or availability of-- 7,a7 education and vocational training2 7,b7 employment2 7,c7 essential utilities1 including electricity1 heat1 water1 and internet2 7,d7 transportation2 7,e7 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 7,f7 financial services1 including access to credit or insurance2 7,g7 asylum and immigration services2 7,h7 healthcare2 7,i7 housing1 lodging1 or public accommodations2 7,j7 grants1 contracts1 and other legal agreements with the ,federal ,government2 and 7,k7 any other service1 program1 or opportunity about which a determination 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 ,human-like service ,the term human-like service means dialogue or interaction with an individual through text1 voice1 video1 or other medium4 7#g7 ,personally identifiable information ,the term personally identifiable information means information that can reasonably be used to distinguish or trace the identity of an individual 7such as the name1 social security number1 or biometric record of an individual71 alone1 or when combined with other personal or identifying information that is linked or linkable to a specific individual 7such as date and place of birth1 or mother's maiden name74 7#h7 ,plain language ,the term plain language means language that is clear1 concise1 well-organized1 and follows other best practices appropriate to the subject or field and intended audience1 including an audience that may be disabled1 may not be proficient in ,english1 or may otherwise be disadvantaged or traditionally underserved4 7#i7 ,prompt ,the term prompt means at a time not later than the time of and at the place of-- 7,a7 interaction with an automated system2 and 7,b7 if applicable1 issuance of an augmented critical decision4 7#aj7 ,substantially influence ,the term substantially influence means to serve as a principal basis for a critical decision1 including by producing an approval1 rejection1 score1 classification1 or recommendation that an agency uses in whole in part during an augmented critical decision process4 7#aa7 ,timely ,the term timely means within a period of time in which the degree of reversibility is high enough to avoid unintended outcomes created by artificial intelligence4 7#ab7 ,transparent automated government guidance ,the term transparent automated government guidance means the guidance issued by the ,director pursuant to section #c4 #c4 ,transparent automated governance directives and guidance 7a7 ,directive requirement ,not later than #ij days after the date of enactment of this ,act1 the ,director shall issue a directive that-- 7#a7 requires each agency publish1 on or before the date that is #ahj days after the date of enactment of this ,act1 a public inventory of all-- 7,a7 augmented critical decision processes1 and the use of artificial intelligence within those processes1 including identification of any contracts and vendors involved in those processes2 and 7,b7 critical decisions to which this ,act applies2 and 7#b7 requires each agency provide biannual notifications to the public during the period in which the guidance required under this section is being finalized4 7b7 ,part ,i ,guidance on critical decisions ,the ,director shall issue transparent automated government guidance that includes-- 7#a7 guidance for how an agency shall protect individuals' privacy1 civil rights1 and civil liberties throughout augmented critical decision processes2 7#b7 identification of any additional services1 programs1 or other opportunities determined by the ,director to be applicable under section #b7d77,k72 7#c7 identification of critical decisions made by each agency and guidance for how agencies should identify critical decisions to which this ,act would apply if the agency implemented an augmented critical decision process to make those critical decisions2 7#d7 examples of appropriate and inappropriate uses of artificial intelligence in augmented critical decision processes2 7#e7 with respect to augmented critical decision processes1 guidance for and examples of how agencies shall provide clear1 conspicuous1 and prompt plain language notice to an individual that a critical decision concerning the individual was made using an augmented critical decision process1 which shall include information sufficient to enable individuals to appeal and obtain recourse described in paragraph 7#g72 7#f7 the proper contents of the notice described in paragraph 7#e7 and examples of what the notice could look like in practice1 including a description of the role that artificial intelligence played in that automated critical decision process2 7#g7 a requirement that agencies establish a process for individuals who are subject to adverse decisions in an augmented critical decision process to appeal that adverse decision and receive timely recourse1 including publishing the appeals process on an agency's website and establishing a maximum number of days for the appeals process and a system through which an individual can track their appeal request2 7#h7 with respect to automated systems that contribute to augmented critical decision processes and interact with the public1 guidance for and examples of how agencies shall design1 develop1 procure1 or update those automated systems to comply with this ,act1 including chatbot guidance in ,part ,,ii under subsection 7c72 7#i7 with respect to critical decisions made by an augmented critical decision process1 guidance for how agencies1 in accordance with section #eeb;a of title #e1 ,united ,states ,code1 should provide individuals-- 7,a7 with the opportunity for an alternative review by a human being working for or on behalf of the agency with respect to the critical decision1 independent of the augmented critical decision process2 and 7,b7 with an opportunity to request information about the augmented critical decision process used in making the critical decision1 including identification of the data1 information1 and process used to make the decision2 7#aj7 criteria for information and performance metrics that each agency is required to track1 collect1 and make publicly available relating to the augmented critical decision process and any errors that occur during the augmented critical decision process-- 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 fair and1 to the greatest extent practicable1 explainable2 7,b7 to ensure that the agency follows a transparent data retention1 destruction1 and storage security protocol for the data that is collected for the purposes of subparagraph 7,a72 and 7,c7 to assist in enabling individuals to obtain recourse described in paragraph 7#c72 7#aa7 guidance for how agencies shall provide an opportunity for public input1 commensurate with the scale and impact of the automated system-- 7,a7 for any automated system used in an augmented critical decision process that interacts with the public2 and 7,b7 for any new deployment of any automated system used in an augmented critical decision process that interacts with the public1 prior to such deployment2 7#ab7 guidance for how agencies shall establish ongoing mechanisms to collect1 analyze1 and respond to feedback from the public1 especially individuals affected by automated systems used in augmented critical decision processes1 including feedback arising from appeals1 complaints1 or user experience2 and 7#ac7 guidance for how agencies shall periodically make publicly available plain-language summaries describing material issues raised through public feedback and the actions taken by the agency in response1 including to modify system design1 deployment1 policy1 or practice4 7c7 ,part ,,ii ,guidance on chatbots or similar technologies ,the ,director shall issue transparent automated government guidance that includes-- 7#a7 guidance on1 including examples of1 agency services and public interactions which may be appropriate for using artificial intelligence1 such as chatbots1 translation services1 fully automated voice agents1 that mimic1 simulate1 replicate1 or replace services previously or regularly conducted by humans1 including interactions with agency employees in person1 on an agencies website1 over the phone1 email1 and mail and through text1 voice1 video1 or other medium2 7#b7 assessment1 including examples1 of which services and public interactions may not be appropriate for using artificial intelligence systems1 such as chatbots1 translation services1 fully automated voice agents1 that mimic1 simulate1 replicate1 or replace services previously or regularly conducted by humans1 including interactions with agency employees in person1 on an agencies website1 over the phone1 email1 and mail and through text1 voice1 video1 or other medium2 7#c7 guidance for how agencies shall provide prompt plain language notices to individuals about the artificial intelligence system that they are interacting with1 including-- 7,a7 a requirement that agencies provide clear1 conspicuous1 and prompt plain language notice to individuals1 at the time and place that an individual begins interacting with an artificial intelligence system1 such as a chatbot1 translation service1 or fully automated voice agent that mimics1 simulates1 replicates1 or replaces services previously or regularly conducted by humans1 including on agency websites1 over the phone1 email1 and mail and through text1 voice1 video1 or other medium2 and 7,b7 a requirement that during any extended interaction with the automated system1 a reiteration of the actual notice under subparagraph 7,a7 in a manner in which a reasonable person can understand that they are interacting with an automated system2 7#d7 guidance for how agencies shall establish a process by which an individual interacting with an artificial intelligence system described in this section can timely escalate requests or address issues with a human being acting on behalf of the agency to handle questions about relevant agency services2 7#e7 guidance for1 and examples in practice of1 how agencies shall provide plain language notice to individuals about how the agency will use any personally identifiable information input into the artificial intelligence system1 including a notification that the agency will follow all data privacy laws and that no personally identifiable information will be transmitted to private companies1 including a company that may be operating the artificial intelligence system with which the individual is interacting2 7#f7 performance metrics that each agency using an artificial intelligence system for purposes described in this section shall collect1 monitor1 and make publicly available1 including-- 7,a7 metrics of the accuracy1 efficiency1 effectiveness1 cost1 and accessibility of the artificial intelligence system1 including how relevant metrics differ across language or other characteristics2 7,b7 performance metrics by which the agency measures successful delivery of that service and customer experience1 including metrics to quantify the effectiveness1 simplicity1 speed1 and transparency of customer's interaction with the agency2 7,c7 a comparison of how the performance metrics compare to metrics from prior month performance measurements2 and 7,d7 metrics indicating-- 7i7 the average number of agency interactions per day2 7ii7 the average time spent by an individual interacting with the artificial intelligence system2 7iii7 the percentage of interactions abandoned before the customer resolves their concern1 by language2 7iv7 the percentage of issues resolved with on interaction1 by language2 and 7v7 the percentage of individuals who abandon their interactions to seek help from a customer service representative1 by language2 7#g7 model contract terms an agency should use when procuring a third-party automated system for purposes described in paragraph 7#a71 including terms and conditions that require-- 7,a7 the agency to retain rights to ,federal data and any modifications to that data1 including de-identified1 aggregated1 or derived data generated in performance of a contract2 7,b7 adequate pre-deployment testing1 evaluation1 and ongoing monitoring of automated systems1 including performance1 efficacy1 safety1 fairness1 transparency1 accountability1 appropriateness1 lawfulness1 reliability1 and trustworthiness2 7,c7 minimum standards for-- 7i7 security of data input into1 processed by1 or output from the automated system2 7ii7 data origin and data provenance1 retention1 and disposal2 7iii7 system design1 development1 testing1 operation2 and 7iv7 decommissioning of automated systems and proper data management upon system or contract termination2 7,d7 documentation to enable the agency to understand the automated system's limitations1 risk mitigation measures1 and cost to operate2 7,e7 disclosure of training data sources and any known limitation of that training data that could affect automated system performance2 and 7,f7 incident reporting procedures to ensure timely notification of system failures or security breaches2 and 7#h7 guidance for procurement officials involved in the procurement process for automated systems1 including recommended trainings for such officials4 7d7 ,website for templates1 guidance1 metrics ,the ,director shall publish all templates1 links to all agency chatbots1 performance metrics1 and the transparent automated government guidance on a new or existing website of the ,office of ,management and ,budget4 7e7 ,rule of construction ,nothing in this ,act should be construed to require less under or otherwise diminish any standard for the protection of ,federal data required under any other law or regulation4 7f7 ,prohibition on commercial use of data ,the head of each agency shall prohibit a contractor or third-party vendor of the agency from using any data collected1 generated1 or accessed in the performance of a contract1 including de-identified1 aggregated1 or derived data generated in performance of a contract1 under this ,act to-- 7#a7 target1 customize1 personalize1 or deliver advertisements to any individual2 or 7#b7 create1 maintain1 or augment a profile on any individual for any purpose other than the direct performance of the contract1 including any changes to profiles that the contractor or third-party vendor already holds or maintains on an individual through commercial offerings4 7g7 ,account creation ,the head of an agency may not require a member of the public to create1 sign up for1 register1 or establish an account with a private or commercial entity1 including any artificial intelligence system or social media platform1 as a condition of interacting with the agency1 accessing a service of the ,federal ,government1 or receiving any ,federal benefits1 including customer support services4 7h7 ,account separation ,if the head of an agency deploys a third-party artificial intelligence system1 including a chatbot1 translation service1 fully automated voice agent1 or any similar tool1 in any medium1 including a website1 telephone1 email1 mail1 text1 or video1 the head of the agency shall prohibit the agency or any operator1 developer1 or deployer of the third-party artificial intelligence system1 including a contractor or vendor1 from combining1 cross-referencing1 or associating any data1 metadata1 or information derived from the interactions of an individual with that artificial intelligence system with any data1 metadata1 or information from a commercial or personal account that the individual holds with the same operator1 developer1 deployer1 contractor1 or vendor4 7i7 ,data ,request 7#a7 ,in general ,if an agency deploys an interactive artificial intelligence system 7including a chatbot1 translation service1 fully automated voice agent1 or similar tool7 that communicates with members of the public1 the agency shall1 upon request1 provide to an individual interacting with the artificial intelligence system a complete1 unedited1 and machine-readable transcript or recording of the individual's interactions with such interactive artificial intelligence system4 7#b7 ,timeline ,an agency providing a transcript or recording to a requesting individual under paragraph 7#a7 shall-- 7,a7 verify the identity of the requesting individual to prevent unauthorized disclosure of personally identifiable information2 and 7,b7 provide the transcript or recording to the verified individual not later than #c business days after receiving the request for the transcript or recording4 7#c7 ,self-service option ,an agency providing a transcript or recording to a requesting individual under paragraph 7#a7 shall allow the requesting individual to also download or email a transcript of their session with an interactive artificial intelligence system directly from the interface immediately upon conclusion of the interaction4 #d4 ,agency implementation 7a7 ,public comment ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall issue a preliminary version of the transparent automated government guidance and make such version available for public comment for a period of not less than #cj days4 7b7 ,agency implementation of transparent automated government guidance ,not later than #ahj days after the date on which the ,director issues the transparent automated government guidance under section #c or any subsequent update thereof1 the head of each agency shall implement the transparent automated government guidance or such subsequent update4 7c7 ,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 ,government ,reform of the ,house of ,representatives a report with findings and recommendations4 #e4 ,sunset ,beginning on the date that is #aj years after the date on which the ,director issues the transparent automated government guidance1 this ,act shall have no force or effect4