New AI Legislative Framework Announced

April 25, 2023

Reading Time : 3 min

A new legislative framework to regulate artificial intelligence (AI) was recently unveiled by Senate Majority Leader Chuck Schumer (D-NY). The effort, expected to span across multiple congressional committees, is centered on four guardrails: “Who,” “Where,” “How” and “Protect.”

The first three guardrails aim to “inform users, give the government the data needed to properly regulate AI technology, and reduce potential harm,” while the final guardrail “will focus on aligning these systems with American values and ensuring that AI developers deliver on their promise to create a better world.”

Staff from the Majority Leader’s office has compared the push to efforts last Congress to pass the CHIPS and Science Act (P.L. 117–167). In the coming weeks, Leader Schumer expects to refine the AI framework through conversations with industry, government officials, academics and advocacy groups.

Lawmakers continue to explore other tailored legislative reforms for AI, including those with a defense focus. Over the last month, the Senate Armed Services Committee’s (SASC) Cybersecurity Subcommittee convened two hearings featuring AI discussion, including a hearing to examine the state of AI and machine learning applications to improve U.S. Department of Defense (DoD) operations. During the hearing, Chair Joe Manchin (D-WV) and Sen. Mike Rounds (R-SD) outlined the need to examine legislative solutions to ensure cybersecurity protections in AI platforms and set guidelines for how DoD uses AI. To inform future legislation, the lawmakers asked witnesses testifying—including those from Palantir, Shift5 and RAND Corporation—to share related recommendations as soon as possible.

Further, Reps. Jay Obernolte (R-CA) and Jimmy Panetta (D-CA) have reintroduced the AI for National Security Act (H.R. 1718), which clarifies and codifies the DoD’s authority to procure AI-based endpoint security tools in order to improve cyber defenses of their systems.

Outside of congressional efforts, the Federal Trade Commission (FTC) continues to express its growing interest in regulating AI systems. The agency continues to bring AI-focused cases and is engaged in related rulemaking and market studies. In August 2022, the FTC announced an advance notice of proposed rulemaking (ANPRM) requesting public comment on the prevalence of commercial surveillance and data security practices that harm consumers. In particular, the ANPRM contains a section on automated systems, inquiring about the prevalence of algorithmic error. Following the close of the public comment period in November, staff has continued to review public comments.

Most recently, the FTC issued guidance cautioning companies against making false or misleading claims to the public regarding the capabilities of their AI products. Further, at the FTC’s 2023 Annual Antitrust Enforcers Summit, Chair Lina Khan outlined the need to protect competition in the emerging market for AI tools, and the agency has also announced the creation of an Office of Technology, where staff has deep expertise across a range of specialized fields, including AI.

The U.S. Department of Commerce has also honed in on these issues, recently releasing a formal public request for comment on accountability measures for AI, including whether potentially risky new AI models should go through a certification process before they are released. The request “focuses on self-regulatory, regulatory, and other measures and policies designed to provide reliable evidence to external stakeholders” or provide assurance “that AI systems are legal, effective, ethical, safe, and otherwise trustworthy.” Written comments must be received on or before June 12, 2023. 

Federal regulators and Congress will continue to closely scrutinize and take action to ensure the responsible use of AI and other automated tools across web and mobile platforms. The Akin cross-practice AI team continues to monitor forthcoming congressional, administrative and private-stakeholder and international initiatives in this area.

Share This Insight

Previous Entries

Data Dive

September 11,2025

The Department of Defense (DoD) recently published in the Federal Register its long-awaited final rule (the Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to formally implement the Cybersecurity Maturity Model Certification (CMMC) program. The Rule, effective November 10, 2025, will move CMMC from a policy framework into binding contractual obligations for most defense contractors.

...

Read More

Data Dive

September 3, 2025

AI policy for the health and life sciences sector has continued to take shape. Building on recent activity, on July 23, 2025, the White House released its highly-anticipated AI Action Plan, setting forth the Trump Administration’s recommended policy actions to accelerate AI innovation and build American AI infrastructure. This Plan recommends policies that would promote AI adoption, the creation of “AI-ready” scientific datasets and the establishment of real-world AI evaluation systems by and for the health care and life sciences industries.

...

Read More

Data Dive

July 29, 2025

The U.S. Court of Appeals for the Sixth Circuit has upheld a 2024 Federal Communications Commission (FCC) Order that significantly broadens telecommunications carriers’ breach notification obligations. This decision, issued on August 14, 2025, in Ohio Telecom Association v. FCC, mandates that carriers disclose breaches of any customer personally identifiable information (PII), not just customer proprietary network information (CPNI), and applies to both inadvertent and intentional breaches.2

...

Read More

Data Dive

March 3, 2025

On January 16, 2025, the Federal Trade Commission (FTC) issued a Final Rule updating the Children’s Online Privacy Protection (COPPA) Rule, significantly expanding compliance obligations for online services that collect, use, or disclose personal information from children under 13.1 The amendments impose new restrictions on targeted advertising, add data security requirements, refine parental consent mechanisms, and introduce additional compliance measures.

...

Read More

Data Dive

February 21, 2025

On January 8, 2025, the DOJ published a final rule prohibiting and restricting certain transactions that could allow persons from countries of concern, such as China, access to bulk sensitive personal data of U.S. citizens or to U.S. government-related data (regardless of volume).

...

Read More

Data Dive

January 22, 2025

On January 17, 2025, days before the inauguration, former President Joe Biden issued an executive order titled Strengthening and Promoting Innovation in the Nation's Cybersecurity (EO 14144). Building on previous efforts, including Executive Order 14028, this directive seeks to bolster cybersecurity across federal systems, supply chains and critical infrastructure from adversarial nations, particularly from the People’s Republic of China (PRC).

...

Read More

Data Dive

January 10, 2025

UPDATE: The California Privacy Protection Agency (CPPA) has extended the deadline for submitting public comments from January 14 to February 19, 2025, in response to the recent California wildfires. This extension aims to afford stakeholders additional time to provide comprehensive and detailed feedback, considering the significant challenges posed by the wildfires.

...

Read More

Data Dive

November 25, 2024

Treasury has issued a Final Rule to implement President Biden’s 2023 EO targeting U.S. investments in Chinese companies engaged in certain activities related to semiconductors, quantum computing or AI.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.