Sen. Markey, Rep. Lee Reintroduce Legislation to Mandate Civil Rights Offices in Federal Agencies that Manage Artificial Intelligence

Bill Text (PDF)

Washington (January 15, 2026) - Senator Edward J. Markey (D-Mass.), member of the Commerce, Science, and Transportation Committee, and Representative Summer Lee (PA-12) today reintroduced the Eliminating Bias in Algorithmic Systems (BIAS) Act to ensure that every federal agency that uses, funds, or oversees artificial intelligence (AI) has an office of civil rights focused on combating AI bias and discrimination. The Eliminating BIAS Act would also require every civil rights office to report their efforts to Congress and provide recommendations for congressional action.

Many federal agencies lack civil rights offices whose principal mission is to protect vulnerable communities across the United States. Even where federal agencies have civil rights offices, many are not required to hire staff with the expertise needed to advise on algorithmic bias and discrimination.

"From housing to health care to public services, AI is increasingly being used to make consequential decisions, diagnoses, recommendations, and predictions that can significantly alter our lives," said Senator Markey. "As the risks of bias and discrimination in AI systems become more apparent, the federal government must lead by example and protect marginalized communities that face the greatest consequences when AI goes wrong. I am proud to introduce the Eliminating BIAS Act with Representative Lee to ensure that the government has the proper tools, resources, and personnel to protect these communities and mitigate AI's dangerous effects-all while providing Congress with critical information to address algorithmic harms."

"I represent Pittsburgh and Western Pennsylvania, a region that reflects both our industrial past and the technologies shaping our future. As a growing hub for innovation in Artificial Intelligence, we have a responsibility to make sure AI does not deepen the inequities Black, brown, low-income, and other vulnerable communities already face," said Representative Lee. "AI carries the same biases humans do, and without oversight, those harms will be replicated if not amplified. The Eliminating BIAS Act puts real guardrails in place to demand transparency, accountability, and strong civil rights protections, especially in an age of rampant disinformation and misinformation. I'm proud to partner with Senator Markey to ensure innovation never comes at the cost of our civil rights or human dignity."

While AI has already begun to revolutionize certain industries, the federal government must be committed to combating potential side effects of this emerging technology. Algorithms are already discriminating against disadvantaged communities in a variety of contexts. For example, companies have used algorithms to exclude users of certain gender identities from viewing job advertisements, block advertisements for clothing made for people with disabilities, and charge higher interest rates for minorities. In addition, facial recognition technologies have the highest error rates among Black women. If left unchecked, biased algorithms will further exacerbate discrimination, inequality, and racism.

The Eliminating BIAS Act is cosponsored in the Senate by Senators Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), Peter Welch (D-Vt.), Adam Schiff (D-Ca.), Ron Wyden (D-Ore.) and Cory Booker (D-N.J.) and in the House of Representatives by Reps. Eleanor Holmes Norton (D-DC), Rashida Tlaib (MI-12), Delia C. Ramirez (IL-03), Henry C. "Hank" Johnson Jr. (GA-04), Shri Thanedar (MI-13), Bennie G. Thompson (MS-02), Dwight Evans (PA-03), Suzanne Bonamici (OR-01), Bonnie Watson Coleman (NJ-12), Valerie P. Foushee (NC-04), Al Green (TX-09).

The Eliminating BIAS Act is endorsed by the Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, Common Sense Media, National Urban League, Center for Democracy and Technology, Electronic Privacy Information Center, Free Press Action, Open Technology Institute, Asian Americans Advancing Justice, The Trevor Project, and Access Now. Several of these organizations emphasized the importance of the Eliminating BIAS Act to combat AI bias and discrimination.

"Algorithmic systems affect nearly every part of daily life, making decisions about employment, housing, education, health, finance, and so much more. These systems have been shown to repeatedly create biased outcomes that disproportionately harm Black people and other communities of color. Yet, this administration has encouraged rapid adoption of algorithms without regard for civil rights. The Eliminating Bias in Algorithmic Systems Act presents an alternative path where agencies are required to report the harms created by algorithmic systems and ways to mitigate them" said Jina John, Policy Counsel at the Lawyers' Committee for Civil Rights Under Law.

"Common Sense Media applauds Senator Markey for reintroducing the Eliminating BIAS Act," said Amina Fazlullah, Head of Tech Policy Advocacy at Common Sense Media. "Without intentional choices to prioritize fairness, AI systems will not learn from past mistakes and will continue to replicate historic inequities, putting children, families, and marginalized communities at risk. This bill ensures federal agencies have the expertise, transparency, and oversight needed to identify and address discriminatory algorithms. As AI increasingly influences access to education, healthcare, employment, and housing, strong safeguards are essential to build public trust in how the government uses these technologies."

"New America's Open Technology Institute is pleased to endorse Senator Markey's and Congresswoman Lee's Eliminating BIAS Act, which requires federal agencies to establish civil rights offices focused on bias, discrimination, and other harms that may arise from the use of algorithms. This proposed legislation centers rights and fairness in the federal government's development, use, and oversight of artificial intelligence tools. Empowering civil rights offices within federal agencies is critical to ensuring that our government uses artificial intelligence in ways that safeguard vulnerable communities and the health of our democracy." said Prem Trivedi, Director, New America's Open Technology Institute.

"The National Urban League proudly supports the Eliminating BIAS Act-legislation that is long overdue. While AI holds great promise, far too often opaque algorithms reinforce systemic inequities that disproportionately harm Black, Brown, Indigenous, and immigrant communities. By requiring federal agencies to stand up civil rights offices staffed with technologists, mandating transparency to Congress, and establishing a cross agency working group, this bill puts accountability and equity at the heart of the government's use of AI. Today, our government must lead by example-ensuring that technology uplifts every community," said Marc H. Morial, President and CEO of the National Urban League.

Senator Markey has called on the federal government to hold Big Tech accountable, investigate AI, and stop algorithmic injustice. Senator Markey previously introduced the Eliminating BIAS Act in December 2023. Last month, Senator Markey and Representative Yvette Clarke (NY-09), Chair of the Congressional Black Caucus, reintroduced the Artificial Intelligence (AI) Civil Rights Act, comprehensive legislation to prevent companies from using biased and discriminatory AI-powered algorithms to help make critical decisions in Americans' lives, ensure algorithms are tested before and after deployment, and increase transparency of complex algorithms used for critical decisions.

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