TAG Act

In this Act:

(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—

(A) has the meaning given the term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401); and

(B) includes the artificial systems and techniques described in paragraphs (1) through (5) of 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) Automated system. The term automated system—

(A) means a digital or computational system that uses artificial intelligence techniques, including machine learning, deep learning, neural networks, or natural language processing, to autonomously generate outputs, predictions, or recommendations that substantially influence the outcome of critical decisions, including computational processes that stand alone or are embedded within another digital system or application; and

(B) does not include—

(i) paper-based processes or physical workflows; or

(ii) deterministic computational processes or hard-coded logical algorithms that rate without predictive, generative, or learning capabilities, such as standard if-then decision trees.

(4) 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 meaningfully affects access to, or the cost, terms, or availability of—

(A) education and vocational training;

(B) employment;

(C) essential utilities, including electricity, heat, water, and internet;

(D) transportation;

(E) 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;

(F) financial services, including access to credit or insurance;

(G) asylum and immigration services;

(H) healthcare;

(I) housing, lodging, or public accommodations;

(J) grants, contracts, and other legal agreements with the Federal Government; and

(K) any other service, program, or opportunity about which a determination would have a legal, material, or significant effect on the life of an individual, as determined by the Director.

(5) Director. The term Director means the Director of the Office of Management and Budget.

(6) Human-like service. The term human-like service means dialogue or interaction with an individual through text, voice, video, or other medium.

(7) Personally identifiable information. The term personally identifiable information means information that can reasonably be used to distinguish or trace the identity of an individual (such as the name, social security number, or biometric record of an individual), alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual (such as date and place of birth, or mother’s maiden name).

(8) Plain language. The term plain language means 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.