Sec. 3. Transparent automated governance guidance
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Not later than 270 days after the date of enactment of this Act, the Director shall issue guidance that— is consistent with relevant legal authorities relating to privacy, civil rights, and civil liberties protections; and requires agencies to provide disclosure and opportunity for appeal when using certain automated systems and augmented critical decision processes. The transparent automated governance guidance issued under subsection
(a)shall include— an identification by the Director of any additional services, programs, or opportunities relating to critical decisions described in section 2(5)(B)(x), if appropriate, for use by agencies with respect to the requirements under this Act; 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 Act; 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; the proper contents of the notice described in paragraph (3); examples of what the notice described in paragraph
(3)could look like in practice; 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; the proper contents of the notice described in paragraph (6); examples of what the notice described in paragraph
(6)could look like in practice; 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; 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 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— 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, and, to the greatest extent practicable, explainable; and that the agency shall make accessible for use by the agency, the Comptroller General of the United States, and Congress. Not later than 180 days after the date of enactment of this Act, the Director shall make a preliminary version of the transparent automated governance guidance available for public comment for a period of 30 days. In developing the transparent automated governance guidance, the Director shall consider soliciting input from— the Government Accountability Office; the General Services Administration, including on the topic of user experience; the private sector; and the nonprofit sector, including experts in privacy, civil rights, and civil liberties. 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. 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.
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Sec. 3
Transparent automated governance guidance
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