TAG Act

language that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience, including an audience that may be disabled, may not be proficient in English, or may otherwise be disadvantaged or traditionally underserved. (9) Prompt.--The term ``prompt'' means at a time not later than the time of and at the place of-- (A) interaction with an automated system; and (B) if applicable, issuance of an augmented critical decision. (10) Substantially influence.--The term ``substantially influence'' means to serve as a principal basis for a critical decision, including by producing an approval, rejection, score, classification, or recommendation that an agency uses in whole in part during an augmented critical decision process. (11) 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 intelligence. (12) Transparent automated government guidance.--The term ``transparent automated government guidance'' means the guidance issued by the Director pursuant to section 3. SEC. 3. TRANSPARENT AUTOMATED GOVERNANCE DIRECTIVES AND GUIDANCE. (a) Directive Requirement.--Not later than 90 days after the date of enactment of this Act, the Director shall issue a directive that-- (1) requires each agency publish, on or before the date that is 180 days after the date of enactment of this Act, a public inventory of all-- (A) augmented critical decision processes, and the use of artificial intelligence within those processes, including identification of any contracts and vendors involved in those processes; and (B) critical decisions to which this Act applies; and (2) requires each agency provide biannual notifications to the public during the period in which the guidance required under this section is being finalized. (b) Part I Guidance on Critical Decisions.--The Director shall issue transparent automated government guidance that includes-- (1) guidance for how an agency shall protect individuals' privacy, civil rights, and civil liberties throughout augmented critical decision processes; (2) identification of any additional services, programs, or other opportunities determined by the Director to be applicable under section 2(4)(K); (3) 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 decisions; (4) examples of appropriate and inappropriate uses of artificial intelligence in augmented critical decision processes; (5) with respect to augmented critical decision processes, guidance for and examples of how agencies shall provide clear, conspicuous, and prompt plain language notice to an individual that a critical decision concerning the individual was made using an augmented critical decision process, which shall include information sufficient to enable individuals to appeal and obtain recourse described in paragraph (7); (6) the proper contents of the notice described in paragraph (5) and examples of what the notice could look like in practice, including a description of the role that artificial intelligence played in that automated critical decision process; (7) 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 recourse, 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 request; (8) with respect to automated systems that contribute to augmented critical decision processes and interact with the public, guidance for and examples of how agencies shall design, develop, procure, or update those automated systems to comply with this Act, including chatbot guidance in Part II under subsection (c); (9) with respect to critical decisions made by an augmented critical decision process, guidance for how agencies, in accordance with section 552a of title 5, United States Code, should provide individuals-- (A) with the opportunity for an alternative review by a human being working for or on behalf of the agency with respect to the critical decision, independent of the augmented critical decision process; and (B) with an opportunity to request information about the augmented critical decision process used in making the critical decision, including identification of the data, information, and process used to make the decision; (10) criteria for information and performance metrics that each agency is required to track, collect, and make publicly available relating to the augmented critical decision process and any errors that occur during the augmented critical decision process-- (A) 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 accurate, reliable, fair and, to the greatest extent practicable, explainable; (B) to ensure that the agency follows a transparent data retention, destruction, and storage security protocol for the data that is collected for the purposes of subparagraph (A); and (C) to assist in enabling individuals to obtain recourse described in paragraph (3); (11) guidance for how agencies shall provide an opportunity for public input, commensurate with the scale and impact of the automated system-- (A) for any automated system used in an augmented critical decision process that interacts with the public; and (B) for any new deployment of any automated system used in an augmented critical decision process that interacts with the public, prior to such deployment; (12) guidance for how agencies shall establish ongoing mechanisms to collect, analyze, and respond to feedback from the public, especially individuals affected by automated systems used in augmented critical decision processes, including feedback arising from appeals, complaints, or user experience; and (13) 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 response, including to modify system design, deployment, policy, or practice. (c) Part II Guidance on Chatbots or Similar Technologies.--The Director shall issue transparent automated government guidance that includes-- (1) guidance on, including examples of, agency services and public interactions which may be appropriate for using artificial intelligence, such as chatbots, translation services, fully automated voice agents, that mimic, simulate, replicate, or replace services previously or regularly conducted by humans, including interactions with agency employees in person, on an agencies website, over the phone, email, and mail and through text, voice, video, or other medium; (2) assessment, including examples, of which services and public interactions may not be appropriate for using artificial intelligence systems, such as chatbots, translation services, fully automated voice agents, that mimic, simulate, replicate, or replace services previously or regularly conducted by humans, including interactions with agency employees in person, on an agencies website, over the phone, email, and mail and through text, voice, video, or other medium; (3) guidance for how agencies shall provide prompt plain language notices to individuals about the artificial intelligence system that they are interacting with, including-- (A) a requirement that agencies provide clear, conspicuous, and prompt plain language notice to individuals, at the time and place that an individual begins interacting with an artificial intelligence system, such as a chatbot, translation service, or fully automated voice agent that mimics, simulates, replicates, or replaces services previously or regularly conducted by humans, including on agency websites, over the phone, email, and mail and through text, voice, video, or other medium; and (B) a requirement that during any extended interaction with the automated system, a reiteration of the actual notice under subparagraph (A) in a manner in which a reasonable person can understand that they are interacting with an automated system; (4) 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 services; (5) guidance for, and examples in practice of, how agencies shall provide plain language notice to individuals about how the agency will use any personally identifiable information input into the artificial intelligence system, including a notification that the agency will follow all data privacy laws and that no personally identifiable information will be transmitted to private companies, including a company that may be operating the artificial intelligence system with which the individual is interacting; (6) performance metrics that each agency using an artificial intelligence system for purposes described in this section shall collect, monitor, and make publicly available, including-- (A) metrics of the accuracy, efficiency, effectiveness, cost, and accessibility of the artificial intelligence system, including how relevant metrics differ across language or other characteristics; (B) performance metrics by which the agency measures successful delivery of that service and customer experience, including metrics to quantify the effectiveness, simplicity, speed, and transparency of customer's interaction with the agency; (C) a comparison of how the performance metrics compare to metrics from prior month performance measurements; and (D) metrics indicating-- (i) the average number of agency interactions per day; (ii) the average time spent by an individual interacting with the artificial intelligence system; (iii) the percentage of interactions abandoned before the customer resolves their concern, by language; (iv) the percentage of issues resolved with on interaction, by language; and (v) the percentage of individuals who abandon their interactions to seek help from a customer service representative, by language; (7) model contract terms an agency should use when procuring a third-party automated system for purposes described in paragraph (1), including terms and conditions that require-- (A) the agency to retain rights to Federal data and any modifications to that data, including de- identified, aggregated, or derived data generated in performance of a contract; (B) adequate pre-deployment testing, evaluation, and ongoing monitoring of automated systems, including performance, efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, reliability, and trustworthiness; (C) minimum standards for-- (i) security of data input into, processed by, or output from the automated system; (ii) data origin and data provenance, retention, and disposal; (iii) system design, development, testing, operation; and (iv) decommissioning of automated systems and proper data management upon system or contract termination; (D) documentation to enable the agency to understand the automated system's limitations, risk mitigation measures, and cost to operate; (E) disclosure of training data sources and any known limitation of that training data that could affect automated system performance; and (F) incident reporting procedures to ensure timely notification of system failures or security breaches; and (8) guidance for procurement officials involved in the procurement process for automated systems, including recommended trainings for such officials. (d) Website for Templates, Guidance, Metrics.--The Director shall publish all templates, links to all agency chatbots, performance metrics, and the transparent automated government guidance on a new or existing website of the Office of Management and Budget. (e) 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 regulation. (f) 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 collected, generated, or accessed in the performance of a contract, including de-identified, aggregated, or derived data generated in performance of a contract, under this Act to-- (1) target, customize, personalize, or deliver advertisements to any individual; or (2) create, maintain, or augment a profile on any individual for any purpose other than the direct performance of the contract, including any changes to profiles that the contractor or third-party vendor already holds or maintains on an individual through commercial offerings. (g) Account Creation.--The head of an agency may not require a member of the public to create, sign up for, register, or establish an account with a private or commercial entity, including any artificial intelligence system or social media platform, as a condition of interacting with the agency, accessing a service of the Federal Government, or receiving any Federal benefits, including customer support services. (h) Account Separation.--If the head of an agency deploys a third- party artificial intelligence system, including a chatbot, translation service, fully automated voice agent, or any similar tool, in any medium, including a website, telephone, email, mail, text, or video, the head of the agency shall prohibit the agency or any operator, developer, or deployer of the third-party artificial intelligence system, including a contractor or vendor, from combining, cross- referencing, or associating any data, metadata, or information derived from the interactions of an individual with that artificial intelligence system with any data, metadata, or information from a commercial or personal account that the individual holds with the same operator, developer, deployer, contractor, or vendor. (i) Data Request.-- (1) In general.--If an agency deploys an interactive artificial intelligence system (including a chatbot, translation service, fully automated voice agent, or similar tool) that communicates with members of the public, the agency shall, upon request, provide to an individual interacting with the artificial intelligence system a complete, unedited, and machine-readable transcript or recording of the individual's interactions with such interactive artificial intelligence system. (2) Timeline.--An agency providing a transcript or recording to a requesting individual under paragraph (1) shall-- (A) verify the identity of the requesting individual to prevent unauthorized disclosure of personally identifiable information; and (B) provide the transcript or recording to the verified individual not later than 3 business days after receiving the request for the transcript or recording. (3) Self-service option.--An agency providing a transcript or recording to a requesting individual under paragraph (1) 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 interaction. SEC. 4. AGENCY IMPLEMENTATION. (a) Public Comment.--Not later than 180 days after the date of enactment of this Act, 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 30 days. (b) Agency Implementation of Transparent Automated Government Guidance.--Not later than 180 days after the date on which the Director issues the transparent automated government guidance under section 3 or any subsequent update thereof, the head of each agency shall implement the transparent automated government guidance or such subsequent update. (c) Comptroller General Report.--Not later than 2 years after the date of enactment of this Act, and biannually thereafter, 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 recommendations. SEC. 5. SUNSET. Beginning on the date that is 10 years after the date on which the Director issues the transparent automated government guidance, this Act shall have no force or effect. <all>