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119-s-3308119th CongressWALLET

Artificial Intelligence Civil Rights Act of 2025

Sponsored By: Senator Markey, Edward J. [D-MA]

Introduced

Summary

Bans discriminatory uses of powerful algorithms in high-stakes life areas. The Artificial Intelligence Civil Rights Act of 2025 would prohibit covered algorithms that cause disparate impact across employment, housing, health care, credit, elections, criminal justice, and similar consequential actions. It would require pre-deployment evaluations, independent audits, annual impact assessments, public disclosures in the most common U.S. languages, and create rights to human alternatives and appeals.

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  • Families and consumers: People would get clear notices and a short-form notice up to 500 words in the ten most common U.S. languages and accessible formats. The law includes a public reporting channel, a right to opt for human decisionmaking in specified cases, and an appeals pathway.
  • Developers and deployers: Developers and deployers would need preliminary and, if harm is plausible, full pre-deployment evaluations with independent auditor reports and annual impact assessments. Contracts and evaluation records must be kept at least 10 years and must document data sources, testing, mitigation steps, and stakeholder consultation.
  • Enforcement and federal action: The Federal Trade Commission would enforce violations as unfair or deceptive acts. States can seek civil penalties of $15,000 per violation or 4 percent of average gross annual revenue. Individuals may sue for treble damages or $15,000 per violation and pre-dispute arbitration waivers for these claims are invalidated. The Office of Personnel Management must create an algorithm-auditing job series within 270 days and the FTC may hire up to 500 staff and must complete multiple rulemakings within 2 years.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Notices, explanations, and human review

If enacted, developers and deployers would have to publish plain-language disclosures listing contact info, data types collected, links to evaluation summaries, and how to use your rights. Deployers must give a short notice (no more than 500 words) on first interaction or post it on their website. Notices must be accessible and provided in covered languages and previous versions must be kept for 10 years. The Commission would post a plain-language consumer webpage within 90 days, study how to give clear explanations within 18 months, and write rules on no-cost human opt-outs and appeals within two years.

Testing and audit rules for AI

If enacted, developers and companies would have to evaluate AI systems before they are used for important decisions. If a preliminary check shows a plausible harm, a full pre-deployment evaluation by an independent auditor would be required. After release, deployers must run yearly impact checks and hire an auditor if harms appear. Full reports must be sent to the Commission and a public summary posted within 30 days. Records must be kept at least 10 years and the Commission would create a public repository to share submissions.

Stronger enforcement, penalties, and suits

If enacted, the Commission would enforce this law like other unfair-or-deceptive rules and could reach some nonprofits, common carriers, certain banks and credit unions, airlines, and firms covered by the Packers and Stockyards Act. State attorneys general could sue on behalf of residents and seek injunctions, damages, and civil penalties of $15,000 per violation or 4% of the defendant's average gross annual revenue, whichever is greater. Individuals must notify the FTC and their State AG before suing and wait up to 60 days; prevailing plaintiffs could recover treble damages or $15,000 per violation, plus fees. Congress could appropriate funds and the FTC could hire up to 500 staff to implement the law.

Contracts, off-label limits, and arbitration

If enacted, developers who license algorithms would need written contracts with deployers. Contracts must describe data handling, roles, notice of material changes, and must forbid mixing data received from one party with data from other parties. Developers must keep each contract for 10 years and the rules apply even when serving a government agency. The bill would also bar offering or using algorithms for consequential actions not evaluated and would invalidate pre-dispute arbitration and class-waiver clauses for claims under the Act.

Federal auditor jobs and employer protections

If enacted, the Office of Personnel Management would create a new federal job series for algorithm auditors and related roles within 270 days. The Act would also make clear that it does not remove employers' duties to bargain with unions, follow health and safety laws, or comply with other federal, state, or local employee rights. The Act forbids using its rules to weaken other agency requirements or authority.

Sponsors & CoSponsors

Sponsor

Markey, Edward J. [D-MA]

MA • D

Cosponsors

  • Sen. Booker, Cory A. [D-NJ]

    NJ • D

    Sponsored 12/2/2025

  • Sen. Merkley, Jeff [D-OR]

    OR • D

    Sponsored 12/2/2025

  • Sen. Warren, Elizabeth [D-MA]

    MA • D

    Sponsored 12/2/2025

  • Sen. Hirono, Mazie K. [D-HI]

    HI • D

    Sponsored 12/2/2025

Roll Call Votes

No roll call votes available for this bill.

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