[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Pages S3537-S3538]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1026. Mr. PETERS (for himself and Mr. Braun) submitted an 
amendment intended to be proposed by him to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title X, add the following:

              Subtitle H--Transparent Automated Governance

     SEC. 1091. SHORT TITLE.

       This subtitle may be cited as the ``Transparent Automated 
     Governance Act'' or the ``TAG Act''.

     SEC. 1092. DEFINITIONS.

       In this subtitle:
       (1) Agency.--The term ``agency'' has the meaning given the 
     term in section 3502 of title 44, United States Code.
       (2) Artificial intelligence.--The term ``artificial 
     intelligence'' has the meaning given the term in section 
     238(g) of the John S. McCain National Defense Authorization 
     Act for Fiscal Year 2019 (10 U.S.C. note prec. 4061; Public 
     Law 115-232).
       (3) Augmented critical decision process.--The term 
     ``augmented critical decision process'' means the use by an 
     agency, or by a third party on behalf of the agency, of an 
     automated system to determine or substantially influence the 
     outcomes of critical decisions.
       (4) Automated system.--The term ``automated system''--
       (A) means a set of computational processes derived from 
     statistics or artificial intelligence techniques, or that 
     otherwise rely on data about specific individuals or groups, 
     to substantially influence the outcome of critical decisions, 
     including computational processes that stand alone or are 
     embedded within another process, system, or application, 
     including paper-based processes; and
       (B) does not include computational processes or 
     infrastructure the function of which is not directly related 
     to influencing or determining the outcome of critical 
     decisions.
       (5) Critical decision.--The term ``critical decision'' 
     means an agency determination, including the assignment of a 
     score or classification, related to the status, rights, 
     property, or wellbeing of specific individuals or groups, the 
     outcome of which--
       (A) is likely to meaningfully differ from one individual or 
     group to another; and
       (B) meaningfully affects access to, or the cost, terms, or 
     availability of--
       (i) education and vocational training;
       (ii) employment;
       (iii) essential utilities, including electricity, heat, 
     water, and internet;
       (iv) transportation;
       (v) 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 
     funds;
       (vi) financial services, including access to credit or 
     insurance;
       (vii) asylum and immigration services;
       (viii) healthcare;
       (ix) housing, lodging, or public accommodations; and
       (x) any other service, program, or opportunity a 
     determination about which would have a legal, material, or 
     significant effect on the life of an individual, as 
     determined by the Director.
       (6) Director.--The term ``Director'' means the Director of 
     the Office of Management and Budget.
       (7) Plain language.--The term ``plain language'' has the 
     meaning given the term in section 1311(e)(3)(B) of the 
     Patient Protection and Affordable Care Act (42 U.S.C. 
     18031(e)(3)(B)).
       (8) Transparent automated governance guidance.--The term 
     ``transparent automated governance guidance'' means the 
     guidance issued by the Director pursuant to section 1093(a).

[[Page S3538]]

  


     SEC. 1093. TRANSPARENT AUTOMATED GOVERNANCE GUIDANCE.

       (a) In General.--Not later than 270 days after the date of 
     enactment of this subtitle, the Director shall issue guidance 
     that--
       (1) is consistent with relevant legal authorities relating 
     to privacy, civil rights, and civil liberties protections; 
     and
       (2) requires agencies to provide disclosure and opportunity 
     for appeal when using certain automated systems and augmented 
     critical decision processes.
       (b) Guidance.--The transparent automated governance 
     guidance issued under subsection (a) shall include--
       (1) an identification by the Director of any additional 
     services, programs, or opportunities relating to critical 
     decisions described in section 1092(5)(B)(x), if appropriate, 
     for use by agencies with respect to the requirements under 
     this subtitle;
       (2) a list of automated systems that may be used in 
     augmented critical decision processes, that, as determined by 
     the Director, are not subject to the requirements of this 
     subtitle;
       (3) with respect to automated systems that contribute to 
     augmented critical decision processes and interact with the 
     public, guidance for how agencies shall design, develop, 
     procure, 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 system;
       (4) the proper contents of the notice described in 
     paragraph (3);
       (5) examples of what the notice described in paragraph (3) 
     could look like in practice;
       (6) with respect to augmented critical decision processes, 
     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 
     process;
       (7) the proper contents of the notice described in 
     paragraph (6);
       (8) examples of what the notice described in paragraph (6) 
     could look like in practice;
       (9) 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 process;
       (10) with respect to critical decisions made by an 
     augmented critical decision process, guidance for how 
     agencies should provide individuals with the opportunity for 
     an alternative review, as appropriate, by an individual 
     working for or on behalf of the agency with respect to the 
     critical decision, independent of the augmented critical 
     decision process; and
       (11) 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--
       (A) to ensure that the information collected can be used to 
     determine whether each automated system and augmented 
     critical decision process covered by this subtitle is 
     accurate, reliable, and, to the greatest extent practicable, 
     explainable; and
       (B) that the agency shall make accessible for use by the 
     agency, the Comptroller General of the United States, and 
     Congress.
       (c) Public Comment.--Not later than 180 days after the date 
     of enactment of this subtitle, the Director shall make a 
     preliminary version of the transparent automated governance 
     guidance available for public comment for a period of 30 
     days.
       (d) Consultation.--In developing the transparent automated 
     governance guidance, the Director shall consider soliciting 
     input from--
       (1) the Government Accountability Office;
       (2) the General Services Administration, including on the 
     topic of user experience;
       (3) the private sector; and
       (4) the nonprofit sector, including experts in privacy, 
     civil rights, and civil liberties.
       (e) Artificial Intelligence Guidance.--The guidance 
     required by section 104 of the AI in Government Act of 2020 
     (40 U.S.C. 11301 note) may be used to satisfy the requirement 
     for the transparent automated governance guidance with 
     respect to relevant automated systems and augmented critical 
     decision processes, or a subset thereof, if such guidance 
     addresses each requirement under subsection (b) of this 
     section with respect to the automated system or augmented 
     critical decision process.
       (f) Updates.--Not later than 2 years after the date on 
     which the Director issues the transparent automated 
     governance guidance, and biennially thereafter, the Director 
     shall issue updates to the guidance.

     SEC. 1094. AGENCY IMPLEMENTATION.

       (a) Agency Implementation of Transparent Automated 
     Governance Guidance.--Not later than 270 days after the date 
     on which the Director issues the transparent automated 
     governance guidance, the head of each agency shall implement 
     the transparent automated governance guidance to the extent 
     that implementation does not require rulemaking.
       (b) Comptroller General Report.--Not later than 2 years 
     after the date of enactment of this subtitle, and biannually 
     thereafter, the Comptroller General of the United States 
     shall review agency compliance with this subtitle 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 recommendations.

     SEC. 1095. SUNSET.

       Beginning on the date that is 10 years after the date of 
     enactment of this subtitle, this subtitle shall have no force 
     or effect.
                                 ______