HB Ad Slot HB Mobile Ad Slot Townsend L. BourneEmail202-469-4917Bio and Articles Daniel J. AlvaradoEmail202.747.2325Bio and Articles Find Your Next Job ! Associate Litigation Attorney Social Services Attorney Paralegal - Illinois Explore More Job Openings HB Ad Slot Emerging AI Landscape: FedRAMP Publishes Draft Emerging Technology Prioritization Framework in Response to Executive Order on Artificial Intelligence by: Townsend L. Bourne, Daniel J. Alvarado of Sheppard, Mullin, Richter & Hampton LLP - Articles Friday, March 1, 2024 Related Practices & Jurisdictions Communications Media InternetAdministrative RegulatoryArtificial Intelligence All Federal Print Mail Download />i Facebook Linkedin Reddit X On January 26, 2024, the Federal Risk and Authorization Management Program (“FedRAMP”) published a draft Emerging Technology Prioritization Framework developed in response to President Biden’s Executive Order 14110 on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (previously analyzed by our colleague here). The Executive Order charged FedRAMP with developing a framework to prioritize Emerging Technologies in the FedRAMP authorization process, starting with generative AI. The first three generative AI capabilities selected for prioritization are: chat interfaces code generators debugging tools Emerging Technologies selected for prioritization will have a reduced waiting time before the authorization process (i.e., they get to skip the line), but the authorization process will not be accelerated. The authorization process still will take a similar amount of time as it would for other offerings with the same level and type of authorization. Notably, the Draft Framework emphasizes two points. First, no more than three capabilities will be prioritized at any time to avoid losing the benefits of prioritization. Second, when three cloud service offerings whose primary purpose is to offer one of the prioritized capabilities have achieved FedRAMP authorization, then the capability no longer will be prioritized and any additional offerings using the same technology will return to the standard prioritization process. As such, if you are developing a cloud service offering whose primary purpose is to offer one of the three generative AI capabilities selected for prioritization, it is critical to seek authorization early or risk missing out on the benefits of prioritization for your cloud offering. The Draft Framework also outlines the governance process for establishing prioritization of capabilities. On an annual basis (at minimum), the Chief Information Officer Council and Federal Chief Information Security Officer Council[1], with consultation from the Federal Secure Cloud Advisory Committee, the National Institute of Standards and Technology, and third party assessment organizations, is responsible for nominating Emerging Technologies for FedRAMP to consider for prioritization. The FedRAMP Program Management Office (“PMO”) will review the nominations and propose an updated list of up to three Emerging Technologies for prioritization. The FedRAMP Board is responsible for approving the final list but, as of the date of the publication, the FedRAMP Board has not yet been assembled. Therefore, the FedRAMP PMO is planning to adopt the first three capabilities and finalize the evaluation criteria without a presentation to the FedRAMP Board. Cloud service providers must complete an Emerging Technologies Request Form, which provides the business case demand justification and an attestation to the Emerging Technology criteria for review by the FedRAMP PMO. The justification will explain how the cloud service offering meets the Emerging Technology criteria. The FedRAMP PMO reviews the form and determines whether the cloud service offering meets the criteria established for the particular Emerging Technology and whether its technical characteristics match capabilities that the federal government is seeking to accelerate. If the criteria are met, the cloud service offering will be placed in the FedRAMP PMO’s authorization queue. If the criteria are not met, the cloud service offering still will be placed in the authorization queue, but it will not be prioritized. Appendix A of the Draft Framework provides an overview of artificial intelligence and provides the benchmarks for each of the three capabilities that will be used to measure a cloud service offering’s technical performance. The public comment period currently is open and will close on March 11, 2024. Companies are encouraged to submit comments, questions, or recommendations using this form. FedRAMP published a blog about the draft framework and included several questions on which the General Services Administration is particularly interested in receiving feedback. Providing feedback is critical to the development of the FedRAMP Emerging Technologies Prioritization Framework. We are monitoring the emerging federal government AI landscape and will continue to provide updates as federal agencies publish AI Executive Order-related materials. FOOTNOTES [1] The Chief Information Officer Council and Federal Chief Information Security Council are forums of Chief Information Officers (“CIOs”) with the goal of improving information technology practices across U.S. Government agencies. Copyright © 2025, Sheppard Mullin Richter & Hampton LLP. Facebook Linkedin Reddit X HTML Embed Code Current Public Notices Post Your Public Notice Today! PUBLIC NOTICE OF UCC SALE: Microplastics, Inc.Published: 29 July, 2025 PUBLIC NOTICE OF ASSET SALE: CleanBay Renewables, Inc, and Its Several SubsidiariesPublished: 29 July, 2025 PUBLIC NOTICE OF INTELLECTUAL PROPERTY SALE: Kyte Systems Inc.Published: 28 July, 2025 PUBLIC NOTICE OF AUCTION OF ASSETS: Confidential Women’s Resort Wear CompanyPublished: 28 July, 2025 PUBLIC NOTICE OF RECEIVERSHIP SALE: ENTEGRA CAPITAL LLC AND EC MASTER TRUSTPublished: 23 July, 2025 PUBLIC NOTICE OF ASSET SALE: SERFACE CARE, INC. D/B/A MYROPublished: 21 July, 2025 PUBLIC NOTICE OF UCC SALE: Harrisburg Hotel LLCPublished: 21 July, 2025 PUBLIC NOTICE OF UCC SALE: GLP 2206 LLCPublished: 18 July, 2025 PUBLIC NOTICE OF UCC SALE: Broad St Ventures Urban Renewal, LLCPublished: 10 July, 2025 PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Chenango Flats LLCPublished: 7 July, 2025 PUBLIC NOTICE OF UCC ARTICLE 9 SALE: Integrated Endoscopy, Inc.Published: 1 July, 2025 PUBLIC NOTICE OF ASSIGNMENT: Common Cents Distributors, LLCPublished: 26 June, 2025 PUBLIC NOTICE OF INTELLECTUAL PROPERTY SALE: American Energy Storage Innovations Inc.Published: 24 June, 2025 Discover more public notices HB Ad Slot Current Legal Analysis Federal Circuit Reverses Trademark Board: The KIST vs. SUNKIST Confusion by: Joe Wilson Chancery Refuses to Nullify Certificate of Cancellation by: Francis G.X. Pileggi EU Initiates Renewal of UK Adequacy Decision Following the UK's Adoption of the Data (Use and Access) Act 2025 by: Anita Hodea Florida AG Announces Investigation into Climate Nonprofits for Alleged Violations of Consumer Protection and Antitrust Laws Based Upon Environmental Disclosures by: Jacob H. Hupart America’s AI Action Plan is a “National Security Imperative” by: Leslie F. Spasser , Matt A. Todd HB Ad Slot HB Mobile Ad Slot More from Sheppard, Mullin, Richter & Hampton LLP California Court Upholds Prospective Meal Period Waivers by: Devin S. Lindsay Potential False Claims Act Liability for Providers of Gender-Affirming Care for Minors by: Hoyt Y. Sze , Madeline Townsley New Texas Law Permits Use of AI In Health Care by: Julia K. Kadish , Michael D. Sutton Fishing Expedition or Legitimate Dawn Raid? The Latest on European Commission’s Cartel Enforcement and Dawn Raids from the EU’s General Court by: Oliver Heinisch Connecticut, the Provisions State, Adds New Provisions to its Privacy Law by: Liisa M. Thomas , Kathryn Smith DOJ False Claims “Working Group” Update by: Dominick DiSabatino , Scott S. Liebman Art as Collateral: The Legal Landscape of Art-Backed Lending by: Sheppard, Mullin, Richter, & Hampton LLP FCC Adopts New Pole Attachment Rules to Streamline Broadband Deployment by: Dave Thomas , Abraham J. Shanedling DOJ and FTC Host Second Session on Structural and Regulatory Impediments to Drug Competition by: John D. Carroll , Elizabeth A. Nevins What Health Equity Means for CON — and Why It Matters Now by: Adam Herbst What Employers Should Know About the One Big Beautiful Bill Act (OBBBA) by: Hallie Aylesworth , Luke Bickel Health-e Law Episode 18: AI in Clinical Research: Opportunities, Risks, and the Road Ahead with Bill Kish and Dr. Brad Pruitt of Kenosha AI [Podcast] by: Sara Helene Shanti California Supreme Court Holds That Lack of Jury Trial Right Is Insufficient to Reject Enforcement of Forum Selection Clause by: John P. Stigi III , Andrea N. Feathers Ground Control to the FCC: GSaaS Order Ushers in a New Age for Space Communications by: Brian D. Weimer , Douglas A. "Drew" Svor CFPB Terminates Consent Order Against Credit Union Early by: A.J. S. Dhaliwal , Mehul N. Madia HB Ad Slot HB Mobile Ad Slot Upcoming Events Aug 21 2025 Crash Course: How to Acquire and Resuscitate Distressed Companies Jul 30 2025 Local Housing Development Incentives: What's Working? A Bi-Coastal Perspective Jul 31 2025 Critical Insights for App Owners: Mastering Privacy Compliance and Avoiding Class Actions Jul 31 2025 Financial Deregulation and the Law of Unintended Consequences Webinar Print