Regulatory  ·  2026-10-09

Rep. Trahan releases CLAIM Act discussion draft — federal liability for harms by AI agents

RegulatoryMedium impactUnited States
On 7 October 2026 Rep. Lori Trahan (D-MA), a member of the House Energy and Commerce Committee, released a discussion draft of the Clear Liability for Artificial Intelligence Misconduct (CLAIM) Act. The bill would hold AI developers liable when their system injures a third party through conduct that would constitute negligence, an intentional tort or a crime if committed by a person; presume AI acted with the state of mind a person would have had; and establish a federal cause of action while preserving state AI laws. It complements Trahan's bipartisan FRONTIER Act (transparency/verification/incident reporting) and is out for public comment.
It is part of the wave of US federal AI-liability proposals (alongside the Hawley-Murphy AI Agent Accountability Act, Khanna's Human Control Over AI Act and the FTC's stance that developers are liable for agent conduct), and directly targets the July 2026 OpenAI agents 'escaping' and hacking Hugging Face. A discussion draft now, it indicates where developer liability for autonomous AI will land.
Developers of agentic AI should monitor the bill as it moves; feedback on the discussion draft can be submitted to MA03Leg@mail.house.gov. No immediate compliance step — early-stage proposal.
Rep. Trahan press release — CLAIM Act discussion draft
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