AI Federal Framework

Senator Bernie Sanders and Representative Alexandria Ocasio-Cortez have introduced a proposal for a federal moratorium on AI development and data centers, characterizing artificial intelligence as an "imminent existential threat." The call for restrictions has crystallized a fundamental policy divide: whether AI requires aggressive regulatory intervention or a risk-based approach that permits innovation while addressing specific harms.

Congress moved on two fronts in late March to shape AI regulation. On March 26, bipartisan lawmakers introduced H.R. 8094, the AI Foundation Model Transparency Act, requiring developers of large language models to disclose training methods, purposes, risks, evaluation protocols, and monitoring practices. The bill imposes no affirmative regulation—only disclosure obligations. One week earlier, the Trump Administration released its National Policy Framework for Artificial Intelligence, a non-binding document recommending Congress adopt unified federal standards across seven areas: child protection, AI infrastructure, intellectual property, free speech, innovation, workforce development, and preemption of state law. The framework followed Senator Marsha Blackburn's March 18 discussion draft of the Trump America AI Act, which would codify President Trump's December 2025 executive order directing federal preemption of state AI laws.

On April 20, 2026, Anthropic's Mythos Preview—a frontier AI model—continued operating across U.S. government agencies including the NSA and Department of War despite DoW flagging Anthropic as a supply chain risk. The model's continued deployment underscores its perceived indispensability to federal operations, even as security concerns mount.

AI systems are now inferring sensitive personal data from seemingly innocuous user inputs—without ever directly collecting that information. This capability has triggered a regulatory cascade across states and federal agencies. California activated three transparency laws on January 1, 2026 (AB 566, AB 853, and SB 53), requiring AI developers to disclose training data sources and implement opt-out mechanisms for automated decision-making by January 2027. Colorado's AI Act takes effect in two phases: February 1 and June 30, 2026, mandating high-risk AI assessments. The EU's AI Act reaches full implementation in August 2026. Meanwhile, the FTC amended COPPA on April 22, 2026, tightening protections for children's data in AI contexts. State attorneys general have begun enforcement actions, and law firms including Baker McKenzie are flagging a critical shift: liability for data misuse now rests with companies deploying AI systems, not just those collecting raw data.

BakerHostetler released a podcast in April 2026 synthesizing the USPTO's evolving approach to artificial intelligence across patent operations, policy, and practice. The discussion centers on the agency's January 2025 Artificial Intelligence Strategy, which established five pillars: fostering responsible AI innovation, enhancing intellectual property policies, building AI infrastructure, promoting ethical use, and developing workforce expertise. The strategy builds on Executive Order 14110 (October 2023), which directed the USPTO to issue guidance on AI inventorship and patent eligibility. The agency has since revised its inventorship standards to require significant human contribution and bar AI as an independent inventor, and updated patent eligibility determinations under the Alice/Mayo framework in July 2024. Internally, the USPTO deployed SCOUT, a generative AI tool used by over 200 examiners for prior art analysis and cybersecurity tasks.

Anthropic CEO Dario Amodei met with White House Chief of Staff Susie Wiles and Treasury Secretary Scott Bessent on Friday, April 17, 2026, to discuss deployment of the company's Mythos AI model, which identifies software vulnerabilities but carries cybersecurity risks. The White House characterized the talks as "productive and constructive." Separately, the Office of Management and Budget is developing safeguards to potentially grant federal agencies—including the Pentagon, Treasury, and the Justice Department—access to a modified version of Mythos within weeks.

On December 11, 2025, President Donald J. Trump signed Executive Order 14365, titled “Ensuring a National Policy Framework for Artificial Intelligence,” establishing a federal policy to promote U.S. AI leadership through a minimally burdensome national framework that challenges conflicting state regulations.[1][3][8][10]

The U.S. Patent and Trademark Office extended its Artificial Intelligence Search Automated Pilot Program on April 17, 2026, pushing the petition deadline from April 20 to June 1, or until each of its Technology Centers reaches 400 granted applications. The program offers eligible applicants an automated, AI-assisted prior art search before substantive examination begins. Applicants who participate receive an Automated Search Results Notice listing up to 10 ranked references pulled from domestic and international patent databases. The notice is informational only and requires no response. To qualify, applicants must file original, noncontinuing, nonprovisional utility applications electronically through Patent Center. The USPTO waived petition fees in March and raised program capacity to 3,200 applications to encourage participation.

Core Event: On March 20, 2026, the Trump Administration released the “National Policy Framework for Artificial Intelligence,” a legislative blueprint calling on Congress to enact a unified federal AI standard that preempts burdensome state laws, as directed by Executive Order 14365 signed by President Trump on December 11, 2025.[6][8] This industry-friendly push, influenced by David Sacks, emphasizes deregulation to accelerate AI innovation, infrastructure like data centers, and U.S. dominance over China, while carving out exceptions for state powers on child safety, fraud, consumer protection, and zoning.[6][7]

Mayer Brown announced a mandatory generative AI training program for all 1,800 lawyers and business services professionals globally, to be completed throughout 2026. Chair Jon Van Gorp and global chief information officer Evette Pastoriza Clift are leading the initiative, which requires every attorney to complete instruction on responsible AI use, available tools, and practice-area-specific applications. The curriculum emphasizes mandatory human review of all AI outputs, citation verification, and data security protocols, and will deploy multiple platforms including Harvey and Microsoft Copilot.