In recent years, investigators in Congress have ramped up scrutiny of government contractors and other recipients of federal funds. This trend has only accelerated in the current Congress, with Republican-led committees pursuing expansive inquiries targeting a wide variety of federal contractors and grantees. Along with familiar allegations of waste or
Continue Reading Government Contractors Face Unique Risks Amid Growing Congressional Scrutiny
Samuel Klein
Samuel Klein counsels clients on mitigating reputational risks, responding to government investigations, and navigating the regulatory and political environment for strategic public engagement. As a member of Covington’s Election and Political Law Practice Group, Sam helps clients facing Congressional investigations and advises on election administration, ethics, and campaign finance laws. Working with the firm’s Public Policy Practice Group, he advises on federal and state initiatives for clients in technology, finance, and other regulated industries. He maintains an active pro bono practice. Before joining Covington, Sam served as a law clerk at the Federal Election Commission, interned for two committee leaders in Congress, and worked as a public affairs consultant.
Backlash to Bipartisan AI Omnibus Illustrates Preemption Impasse
On June 4, Representatives Jay Obernolte (R-CA) and Lori Trahan (D-MA) released a sweeping discussion draft of their Great American Artificial Intelligence Act. The latest bipartisan AI legislation quickly met bipartisan skepticism, particularly concerning the draft’s approach to federal preemption of state AI rules, with many House Democrats opposing the broad preemption for frontier model developers, while many House Republicans and other stakeholders lamented the bill’s omission of preemption for state laws reaching other parts of the AI ecosystem.
The bill would also establish mandatory disclosure and risk-mitigation requirements for frontier models and task the Center for Artificial Intelligence Standards and Innovation (CAISI) at the National Institute of Standards and Technology (NIST) with oversight of federal AI-related research and analysis, standards and guidelines development, and risk-mitigation activities.
Continue Reading Backlash to Bipartisan AI Omnibus Illustrates Preemption ImpasseWhite House, Blackburn Introduce Visions of Comprehensive Federal AI Policy
As artificial intelligence (AI) technologies continue to advance and states increasingly pass legislation to regulate AI development and use, Congress and the White House are proposing comprehensive nationwide laws.
New proposals from the White House Office of Science and Technology Policy (OSTP) and Senator Marsha Blackburn (R-TN) offer comprehensive approaches…
Continue Reading White House, Blackburn Introduce Visions of Comprehensive Federal AI PolicySenate Advances Bills To Broaden Foreign Agent Disclosures in Lobbying Reports
Shortly before adjourning for 2025, the Senate passed two bills to broaden disclosure and registration requirements related to the regulation of foreign agents under the Foreign Agents Registration Act (“FARA”) and the Lobbying Disclosure Act (“LDA”): the Disclosing Foreign Influence in Lobbying Act (S. 856 / H.R. 1883)…
Continue Reading Senate Advances Bills To Broaden Foreign Agent Disclosures in Lobbying ReportsCommerce Department Solicits Feedback on AI Exports Program
The Commerce Department today published a Request for Information (RFI) inviting the public to submit comments on U.S. artificial intelligence exports. The RFI asks stakeholders to weigh in on aspects of the Department’s new “American AI Exports Program,” an initiative intended to “promot[e] the export of full-stack American AI technology…
Continue Reading Commerce Department Solicits Feedback on AI Exports ProgramCommerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee Changes
The Trump Administration is considering multiple proposals to raise revenue from patent holders, including direct assessments on patent holders, changes to the existing patent fee schedule, and potentially a new mechanism for sharing profits from university-owned patents obtained through federal research funds.
Patent Tax
First, Commerce Secretary Howard Lutnick is…
Continue Reading Commerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee ChangesCongress Weighs Foreign Agent Disclosure and Registration Bills
Congress is considering several bills to broaden disclosure and registration requirements related to the regulation of foreign agents under the Foreign Agents Registration Act (“FARA”) and the Lobbying Disclosure Act (“LDA”): the Foreign Registration Obligations for Nonprofit Transparency (“FRONT”) Act (S. 2305), Disclosing Foreign Influence in Lobbying Act (S. 856 / H.R. 1883) and the Lobbying Disclosure Improvement Act (S. 865 / H.R. 1887). Additionally, multiple proposed amendments to the FY 2026 National Defense Authorization Act (NDAA) would increase certain disclosure obligations. Together, these legislative proposals indicate continued lawmaker interest in regulating foreign influence in the United States.
Continue Reading Congress Weighs Foreign Agent Disclosure and Registration BillsSenate Nixes State AI Enforcement Moratorium, For Now
Federal legislation to “pause” state artificial intelligence regulations will not become law—for now—after the Senate stripped the measure from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1).
The Senate voted 99–1 to strike the moratorium language from the bill during a marathon 27-hour “vote-a-rama” on July 1. The Senate voted 51–50, with Vice President J.D. Vance breaking the tie, to pass the bill (without the moratorium) and send it back to the House. The House passed the Senate-amended bill on July 3 by a vote of 218–214, with all Democrats and two Republicans voting against. President Trump signed the bill into law on July 4.
Continue Reading Senate Nixes State AI Enforcement Moratorium, For NowSenate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in Doubt
In a surprise move, Senate Parliamentarian Elizabeth MacDonough ruled that a proposed moratorium on state and local AI laws satisfies the Byrd Rule, the requirement that reconciliation bills contain only budgetary provisions and omit “extraneous” policy language. While MacDonough’s determination allows the Senate Commerce Committee’s version of the moratorium to…
Continue Reading Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in DoubtGeorgia Senate Launches Abrams-Focused Inquiry, Signaling Growing Risk of State Legislative Investigations
Last week, the Georgia state Senate authorized a sweeping investigation of former gubernatorial candidate Stacey Abrams, continuing a national trend of increased state legislative investigations. Although state-level investigations continue to lag far behind congressional investigations, state legislatures appear to be replicating what we see on the federal level with increasing…
Continue Reading Georgia Senate Launches Abrams-Focused Inquiry, Signaling Growing Risk of State Legislative Investigations