Senate Commerce Committee Chair Maria Cantwell (D-WA) and Senators Todd Young (R-IN), John Hickenlooper (D-CO), and Marsha Blackburn (R-TN) recently introduced the Future of AI Innovation Act, a legislative package that addresses key bipartisan priorities to promote AI safety, standardization, and access.  The bill would also advance U.S. leadership in AI by facilitating R&D and creating testbeds for AI systems.

First, the bill would codify the AI Safety Institute at the National Institute of Standards and Technology (NIST), a body established last year by the Commerce Department to develop voluntary safety standards for AI use and establish a framework for educating businesses and the public about the technology.  By funding new research; encouraging collaboration among NIST, the Department of Energy (DOE), the National Science Foundation (NSF), and public-private partnerships; and directing the development and adoption of “technology-neutral voluntary standards,” the bill would promote stakeholder involvement in the development of best practices for AI.

Another way the bill would advance AI innovation and safety is by establishing public testbeds through NIST.  These testbeds would allow government agencies, including DOE and NSF, as well as the private sector to collaborate on AI research and safety testing.  The bill would further authorize a joint NIST-DOE testbed to develop new materials for advanced manufacturing involving AI, including AI integrated with technologies such as quantum computing.

Furthermore, the bill would take steps toward making AI training and evaluation data publicly available by directing the White House Office of Science and Technology Policy (OSTP) and other agencies to prioritize which government datasets to release and to fund the further development and improvement of such datasets.  This provision aims to accelerate AI R&D among small- and medium-scale developers by expanding access to AI training resources.

Finally, the bill seeks to facilitate AI R&D in the United States, including in collaboration with allies.  The bill would create funding incentives, including prize competitions, for private researchers and engineers to develop innovative AI applications and integrate AI with other critical and emerging technologies.  The bill would also promote international cooperation among U.S. allies on AI R&D and standards development to support interoperability and security across AI platforms, as recommended by the National Standards Strategy for Critical and Emerging Technology.

Notably, the Future of AI Innovation Act focuses on innovation, not regulation, in AI.  However, the bill is sponsored by a bipartisan team that includes a powerful committee chair and a Republican member of Leader Schumer’s AI task force.  Although the bill is the latest AI proposal in a Congress that has already held dozens of hearings and introduced countless bills on a range of AI-related topics, it is one of only a handful to focus on private AI innovation rather than regulation or federal government AI use.  While it is clear that lawmakers remain interested in passing major AI legislation by year’s end, it is less certain whether members of Congress will align on the details of significant AI legislation in the waning months of this term.

Photo of Holly Fechner Holly Fechner

Holly Fechner has two decades of legal, legislative and public policy experience in the public and private sectors.  Ms. Fechner has a broad-based practice handling legislative and regulatory matters for clients in areas including healthcare, tax, intellectual property, education, and employee benefits.  Drawing…

Holly Fechner has two decades of legal, legislative and public policy experience in the public and private sectors.  Ms. Fechner has a broad-based practice handling legislative and regulatory matters for clients in areas including healthcare, tax, intellectual property, education, and employee benefits.  Drawing on her extensive congressional and private sector experience, Ms. Fechner offers clients comprehensive advocacy services, including strategic advice, substantive legal and regulatory expertise, and policy and message development.  She has a proven track record in assisting clients fulfill their government affairs goals.

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Matthew Shapanka

Matthew Shapanka draws on more than 15 years of experience – including on Capitol Hill, at Covington, and in state government – to advise and counsel clients across a range of industries on significant legislative, regulatory, and enforcement matters. He develops and executes…

Matthew Shapanka draws on more than 15 years of experience – including on Capitol Hill, at Covington, and in state government – to advise and counsel clients across a range of industries on significant legislative, regulatory, and enforcement matters. He develops and executes complex, multifaceted public policy initiatives for clients seeking actions by Congress, state legislatures, and federal and state government agencies, many with significant legal and political opportunities and risks.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration, where he advised Chairwoman Amy Klobuchar (D-MN) on all legal, policy, and oversight matters within the Committee’s jurisdiction, including federal election law and campaign finance, and oversight of the Federal Election Commission, legislative branch agencies, security and maintenance of the U.S. Capitol Complex, and Senate rules and regulations.

Most significantly, Matt led the Rules Committee staff work on the Electoral Count Reform and Presidential Transition Improvement Act – landmark bipartisan legislation to update the antiquated process of certifying and counting electoral votes in presidential elections that President Biden signed into law in 2022.

As Chief Counsel, Matt was a lead attorney on the joint bipartisan investigation (with the Homeland Security and Governmental Affairs Committee) into the security planning and response to the January 6, 2021 attack on the Capitol. In that role, he oversaw the collection review of documents, led interviews and depositions of key government officials, advised the Chairwoman and Committee members on two high-profile joint hearings, and drafted substantial portions of the Committees’ staff report on the attack. He also led oversight of the Capitol Police, Architect of the Capitol, Senate Sergeant at Arms, and executive branch agencies involved in implementing the Committees’ recommendations, including additional legislation and hearings.

Both in Congress and at the firm, Matt has prepared many corporate and nonprofit executives, academics, government officials, and presidential nominees for testimony at legislative, oversight, or nomination hearings before congressional committees, as well as witnesses appearing at congressional depositions and transcribed interviews. He is also an experienced legislative drafter who has composed dozens of bills introduced in Congress and state legislatures, including several that have been enacted into law across multiple policy areas.

In addition to his policy work, Matt advises and represents clients on the full range of political law compliance and enforcement matters involving federal election, campaign finance, lobbying, and government ethics laws, the Securities and Exchange Commission’s “Pay-to-Play” rule, as well as the election and political laws of states and municipalities across the country.

Before law school, Matt worked as a research analyst in the Massachusetts Recovery & Reinvestment Office, where he worked on all aspects of state-level policy, communications, and compliance for federal stimulus funding awarded to Massachusetts under the American Recovery & Reinvestment Act of 2009. He has also worked for federal, state, and local political candidates in Massachusetts and New Hampshire.

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Samuel Klein

Samuel Klein helps clients realize their policy objectives, manage reputational risks, and navigate the regulatory environment governing political engagement.

As a member of Covington’s Election and Political Law practice, Sam assists clients facing Congressional investigations and offers guidance on ethics laws; with the…

Samuel Klein helps clients realize their policy objectives, manage reputational risks, and navigate the regulatory environment governing political engagement.

As a member of Covington’s Election and Political Law practice, Sam assists clients facing Congressional investigations and offers guidance on ethics laws; with the firm’s Public Policy group, Sam supports strategic advocacy across a breadth of policy domains at the federal, state, and local levels.

Sam spent one year as a law clerk at the Federal Election Commission. His prior experience includes serving as an intern to two senior members of Congress and helping clients communicate nuanced policy concepts to lawmakers and stakeholders as a public-affairs consultant.

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