United States Senators Edward J. Markey (D-Mass.) and Mazie Hirono (D-Hawaii) have proposed the Artificial Intelligence Civil Rights Act of 2024 (AI Civil Rights Act), which is comprehensive legislation aimed at regulating the use of algorithms in decisions that impact civil rights, preventing AI bias, and ensuring transparency and accountability in AI systems.

The AI Civil Rights Act aims to:

• Regulate AI algorithms used in consequential decision-making, e.g., employment, banking, healthcare, the criminal justice system, public accommodations, and government services.
• Prohibit the commercialization of algorithms that discriminate based on protected characteristics.
• Require that developers, through independent auditors, conduct pre-deployment evaluations and post-deployment impact assessments to identify, address, and mitigate any potential biases or discriminatory outcomes from AI systems.
• Increase compliance by disclosing to individuals that AI algorithms used in consequential decision-making are audited to comply with the AI Civil Rights Act. 
• Increase transparency by providing individuals with more information about decisions made by AI.
• Authorize enforcement by empowering the Federal Trade Commission (FTC), state attorney generals, and individuals to enforce the provisions of the AI Civil Rights Act.

It is yet to be seen how the AI Civil Rights Act will interact with pending and existing state and international law, including California's proposed AI Safety Bill, the EU AI Act, and the recently signed Framework Convention on AI. Businesses deploying AI should continue to prepare for enhanced compliance obligations as the technology and regulatory landscape evolves.