Political Law

It may begin with an unusual media inquiry or a sudden spike in interest on social media. Just as often, it starts with a non-public request for documents or other evidence. Your boss or your staff have been accused of wrongdoing, and it falls to you to lead the response.…

Continue Reading Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of Staff

The recent decision in Freedom Path, Inc. v. Internal Revenue Service addressed whether the IRS’s standards used to deny Freedom Path’s tax exemption as a 501(c)(4) organization were unconstitutionally vague. The United States District Court for the District of Columbia partially agreed with Freedom Path, acknowledging that the relevant guidance…

Continue Reading Tax Exemption and Constitutional Vagueness – What Freedom Path Means for 501(c)(4) Organizations

Following a string of high-profile investigations targeting Members of Congress on both sides of the aisle, congressional ethics investigations are more visible than ever. Indeed, as we recently explored, the House Ethics Committee in particular may be moving toward a more active and transparent enforcement posture, with its most…

Continue Reading Congressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private Actors

Shareholder proposals on political issues—particularly lobbying spending disclosure and campaign finance issues—have been a common part of the proxy landscape for some time now. This proxy season, proposals seeking greater transparency around corporate political spending had surprising success compared to the past. Especially given this development, companies should be aware…

Continue Reading Corporate Political Disclosure Shareholder Proposals Draw Surprising Support

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 Bills

Covington is pleased to announce that it has revised and updated its comprehensive 50-state survey of political laws for 2025.

Corporations, trade associations, non-profits, other organizations, and individuals face significant penalties and reputational harm if they violate federal or state laws governing corporate and personal political activities, the registration of…

Continue Reading Covington Announces Political Law Survey (2025 Edition)

Important changes to California’s pay-to-play law took effect January 1, 2025, and now the state’s regulations have caught up to the law.

The state’s Fair Political Practices Commission adopted the new regulations late last month, following statutory revisions to California’s complex pay-to-play law found at California Government Code § 84308…

Continue Reading California Updates Pay-to-Play Law Regulations to Reflect Recent Law Changes

With a game-changing advisory opinion (AO 2024-01), 2024 started out with a bang at the Federal Election Commission (“FEC”). Other consequential opinions, enforcement actions, and regulations continued in the following months, challenging the notion that the divided Commission cannot find consensus.

In this alert, we highlight the FEC’s major…

Continue Reading FEC Year in Review 2024

With Election Day fast approaching, corporations face increasing pressure from both internal and external forces to make legal decisions about political activities. This can be a fraught area of law, with little understood, highly technical regulatory issues that vary significantly across jurisdictions. Corporate counsel should be mindful of common—and sometimes…

Continue Reading Avoiding Pitfalls on the Path to Election Day: Common Political Law Risks for Corporations in Election Season

The field of artificial intelligence (“AI”) is at a tipping point. Governments and industries are under increasing pressure to forecast and guide the evolution of a technology that promises to transform our economies and societies. In this series, our lawyers and advisors provide an overview of the policy approaches and regulatory frameworks for AI in jurisdictions around the world. Given the rapid pace of technological and policy developments in this area, the articles in this series should be viewed as snapshots in time, reflecting the current policy environment and priorities in each jurisdiction.

The following article examines the state of play in AI policy and regulation in the United States. The previous article in this series covered the European Union.

Future of AI Policy in the U.S.

U.S. policymakers are focused on artificial intelligence (AI) platforms as they explode into the mainstream.  AI has emerged as an active policy space across Congress and the Biden Administration, as officials scramble to educate themselves on the technology while crafting legislation, rules, and other measures to balance U.S. innovation leadership with national security priorities.

Over the past year, AI issues have drawn bipartisan interest and support.  House and Senate committees have held nearly three dozen hearings on AI this year alone, and more than 30 AI-focused bills have been introduced so far this Congress.  Two bipartisan groups of Senators have announced separate frameworks for comprehensive AI legislation.  Several AI bills—largely focused on the federal government’s internal use of AI—have also been voted on and passed through committees. 

Meanwhile, the Biden Administration has announced plans to issue a comprehensive executive order this fall to address a range of AI risks under existing law.  The Administration has also taken steps to promote the responsible development and deployment of AI systems, including securing voluntary commitments regarding AI safety and transparency from 15 technology companies. 

Despite strong bipartisan interest in AI regulation, commitment from leaders of major technology companies engaged in AI R&D, and broad support from the general public, passing comprehensive AI legislation remains a challenge.  No consensus has emerged around either substance or process, with different groups of Members, particularly in the Senate, developing their own versions of AI legislation through different procedures.  In the House, a bipartisan bill would punt the issue of comprehensive regulation to the executive branch, creating a blue-ribbon commission to study the issue and make recommendations.

I. Major Policy & Regulatory Initiatives

Three versions of a comprehensive AI regulatory regime have emerged in Congress – two in the Senate and one in the House.  We preview these proposals below.

            A. SAFE Innovation: Values-Based Framework and New Legislative Process

In June, Senate Majority Leader Chuck Schumer (D-NY) unveiled a new bipartisan proposal—with Senators Martin Heinrich (D-NM), Todd Young (R-IN), and Mike Rounds (R-SD)—to develop legislation to promote and regulate artificial intelligence.  Leader Schumer proposed a plan to boost U.S. global competitiveness in AI development, while ensuring appropriate protections for consumers and workers.Continue Reading Spotlight Series on Global AI Policy — Part II: U.S. Legislative and Regulatory Developments