Peters & Lankford Introduce Bipartisan Bill to Require Transparency Around Federal Government’s Use of AI

WASHINGTON, D.C. — U.S. Senators Gary Peters (D-MI), Ranking Member of the Homeland Security and Governmental Affairs Committee, and James Lankford (R-OK) introduced bipartisan legislation to increase transparency around the federal government’s use of Artificial Intelligence (AI) systems. The Transparent Automated Governance (TAG) Act would require federal agencies to notify individuals when they are interacting with or subject to critical decisions made using certain AI or other automated systems. The bill also directs agencies to establish a redress process ensuring there is a human review of critical decisions made using AI systems that may negatively affect individuals.  

“Artificial intelligence is already transforming how federal agencies serve the public, but the federal government must remain transparent about how it integrates this new technology into the services Americans rely on,” Peters said. “This commonsense, bipartisan bill will ensure taxpayers know when they are interacting with AI and establish a process so they can seek human review of decisions that impact them.”  

“Artificial intelligence is a powerful tool to improve the efficiency and effectiveness of our federal government, but we must always keep security, privacy, and any unintended consequences in mind before we turn any process or decision over to a computer,” Lankford said.“The federal government can and should thoughtfully integrate new technology to help improve customer service for Americans. But agencies should be transparent about when, where, and how we are interacting with AI to ensure continuous oversight and accountability for how these tools impact Americans.” 

The federal government is already using AI to interact with the public and make decisions that affect individuals, and its use is only expected to grow. While AI systems can help improve government services, they also pose risks if deployed without appropriate safeguards or transparency. People who unknowingly interact with AI can often be confused or frustrated by how or why these systems make certain determinations. The senators’ bipartisan legislation would increase transparency around the government’s use of these systems and provide individuals with an opportunity for human review of adverse decisions.  

The Transparent Automated Governance (TAG) Act requires the Director of Office of Management and Budget to issue guidance to agencies to implement transparency practices relating to the use of AI and other automated systems. This guidance would direct agencies to notify individuals when they are interacting with certain automated systems. It would also require agencies to notify individuals when a critical decision is made about them using an AI-augmented decision process. Finally, the guidance would instruct agencies to establish redress processes that include human review for individuals who receive an adverse critical decision from a federal agency’s AI system.  

During his time as Chairman of the Senate Homeland Security and Governmental Affairs Committee, Peters convened numerous hearings examining how AI is being developed and deployed in different settings, the risks and potential benefits associated with the technology, and how government could use these tools to provide more efficient services. Peters has passed legislation to require federal agencies to establish appropriate guardrails for its responsible use. 

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