I 
118TH CONGRESS 
1ST SESSION H. R. 6886 
To direct agencies to be transparent when using automated and augmented 
systems to interact with the public or make critical decisions, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 22, 2023 
Mr. HIGGINS of Louisiana (for himself, Mr. WEBER of Texas, Mr. MCGOV-
ERN, and Mr. DAVIS of North Carolina) introduced the following bill; 
which was referred to the Committee on Oversight and Accountability 
A BILL 
To direct agencies to be transparent when using automated 
and augmented systems to interact with the public or 
make critical decisions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Transparent Auto-
mated Governance Act’’ or the ‘‘TAG Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 3502 of title 44, 
United States Code. 
(2) ARTIFICIAL INTELLIGENCE.—The term ‘‘ar-
tificial intelligence’’ has the meaning given the term 
in section 238(g) of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (10 
U.S.C. note prec. 4061; Public Law 115–232). 
(3) AUGMENTED
CRITICAL
DECISION
PROC-
ESS.—The term ‘‘augmented critical decision proc-
ess’’ means the use by an agency, or by a third 
party on behalf of the agency, of an automated sys-
tem to determine or substantially influence the out-
comes of critical decisions. 
(4) AUTOMATED
SYSTEM.—The term ‘‘auto-
mated system’’— 
(A) means a set of computational processes 
derived from statistics or artificial intelligence 
techniques, or that otherwise rely on data about 
specific individuals or groups, to substantially 
influence the outcome of critical decisions, in-
cluding computational processes that stand 
alone or are embedded within another process, 
system, or application, including paper-based 
processes; and 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(B) does not include computational proc-
esses or infrastructure the function of which is 
not directly related to influencing or deter-
mining 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 elec-
tricity, 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; 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(vii) asylum and immigration services; 
(viii) healthcare; 
(ix) housing, lodging, or public accom-
modations; and 
(x) any other service, program, or op-
portunity a determination about which 
would have a legal, material, or significant 
effect on the life of an individual, as deter-
mined by the Director. 
(6) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office of Management and Budg-
et. 
(7) PLAIN LANGUAGE.—The term ‘‘plain lan-
guage’’ has the meaning given the term in section 
1311(e)(3)(B) of the Patient Protection and Afford-
able Care Act (42 U.S.C. 18031(e)(3)(B)). 
(8) TRANSPARENT
AUTOMATED
GOVERNANCE 
GUIDANCE.—The term ‘‘transparent automated gov-
ernance guidance’’ means the guidance issued by the 
Director pursuant to section 3(a). 
SEC. 3. TRANSPARENT AUTOMATED GOVERNANCE GUID-
ANCE. 
(a) IN GENERAL.—Not later than 270 days after the 
date of enactment of this Act, the Director shall issue 
guidance that— 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(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 auto-
mated systems and augmented critical decision proc-
esses. 
(b) GUIDANCE.—The transparent automated govern-
ance guidance issued under subsection (a) shall include— 
(1) an identification by the Director of any ad-
ditional 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; 
(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 Act; 
(3) with respect to automated systems that con-
tribute to augmented critical decision processes and 
interact with the public, guidance for how agencies 
shall design, develop, procure, or update those auto-
mated systems to provide plain language notice to 
individuals not later than the time and at the place 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
of interaction with such an automated system that 
they are interacting with such an automated system; 
(4) the proper contents of the notice described 
in paragraph (3); 
(5) examples of what the notice described in 
paragraph (3) could look like in practice; 
(6) with respect to augmented critical decision 
processes, guidance for how agencies shall provide 
plain language notice to individuals not later than 
the time a critical decision is issued to an individual 
that a critical decision concerning the individual was 
made using an augmented critical decision process; 
(7) the proper contents of the notice described 
in paragraph (6); 
(8) examples of what the notice described in 
paragraph (6) could look like in practice; 
(9) guidance for how agencies shall establish an 
appeals process for critical decisions made by an 
augmented critical decision process in which an indi-
vidual is harmed as a direct result of the use of an 
automated system in the augmented critical decision 
process; 
(10) with respect to critical decisions made by 
an augmented critical decision process, guidance for 
how agencies should provide individuals with the op-
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
portunity for an alternative review, as appropriate, 
by an individual working for or on behalf of the 
agency with respect to the critical decision, inde-
pendent 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 col-
lected can be used to determine whether each 
automated system and augmented critical deci-
sion process covered by this Act is accurate, re-
liable, 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 Act, the Director shall 
make a preliminary version of the transparent automated 
governance guidance available for public comment for a 
period of 30 days. 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
(d) CONSULTATION.—In developing the transparent 
automated governance guidance, the Director shall con-
sider soliciting input from— 
(1) the Government Accountability Office; 
(2) the General Services Administration, includ-
ing on the topic of user experience; 
(3) the private sector; and 
(4) the nonprofit sector, including experts in 
privacy, civil rights, and civil liberties. 
(e) ARTIFICIAL
INTELLIGENCE
GUIDANCE.—The 
guidance required by section 104 of the AI in Government 
Act of 2020 (40 U.S.C. 11301 note) may be used to sat-
isfy the requirement for the transparent automated gov-
ernance guidance with respect to relevant automated sys-
tems and augmented critical decision processes, or a sub-
set thereof, if such guidance addresses each requirement 
under subsection (b) of this section with respect to the 
automated system or augmented critical decision process. 
(f) UPDATES.—Not later than 2 years after the date 
on which the Director issues the transparent automated 
governance guidance, and biennially thereafter, the Direc-
tor shall issue updates to the guidance. 
SEC. 4. AGENCY IMPLEMENTATION. 
(a) AGENCY IMPLEMENTATION
OF TRANSPARENT 
AUTOMATED GOVERNANCE GUIDANCE.—Not later than 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB
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 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 Accountability of the House of Rep-
resentatives a report with findings and recommendations. 
SEC. 5. SUNSET. 
Beginning on the date that is 10 years after the date 
of enactment of this Act, this Act shall have no force or 
effect. 
Æ 
VerDate Sep 11 2014 
00:28 Jan 09, 2024
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H6886.IH
H6886
kjohnson on DSK7ZCZBW3PROD with $$_JOB