“And the federal government should embrace policy frameworks that preserve access to data for fair learning, advance a risk-based approach to AI applications based on existing regulations, and preempt a chaotic patchwork of state-level rules on frontier AI development.”
Wants fewer rulesUS · FederalUS · StatePartially adopted
Preempt or pause state frontier-safety statutes
Bar states from enforcing their own AI safety laws, by statutory moratorium, by conditioning federal funds on a state's 'AI regulatory climate', or by DOJ litigation against state statutes. The single most consequential ask in US AI policy.
Where it stands
Rejected twice in Congress (Senate struck the OBBBA 10-year moratorium 99-1, Jul 2025; preemption dropped from the FY2026 NDAA, Dec 2025), then adopted as far as executive authority reaches: EO 14365 (Dec 11, 2025) directs DOJ litigation, BEAD funding conditions, an FCC disclosure proceeding, and an FTC policy statement against state AI laws, and DOJ is in court against Colorado's AI Act. An EO cannot itself preempt state law; statutory preemption has not passed Congress, and the March 2026 legislative framework and the Great American AI Act discussion draft (three-year preemption) remain proposals.
first seen 2025-03-06 · last seen 2026-06-04 · locus: state
Bill-status would miss this
The vehicles it rode
- 2025-03-13
Filed in OSTP RFI responses as federal preemption tied to a voluntary partnership framework
OSTP AI Action Plan RFI - 2025-05-22
House passes reconciliation bill with 10-year state-enforcement moratorium
H.R. 1 AI moratorium - 2025-07-01
Senate adopts Blackburn-Cantwell-Markey amendment 99-1 striking the AI moratorium; only Sen. Tillis votes no
H.R. 1 AI moratorium - 2025-07-23
AI Action Plan directs agencies to weigh a state's AI regulatory climate in discretionary funding
AI Action Plan - 2025-09-16
Rep. Baumgartner introduces H.R.5388, American Artificial Intelligence Leadership and Uniformity Act (5-year moratorium on new state AI mandates)
- 2025-11-20
Draft EO 'Eliminating State Law Obstruction of National AI Policy' circulates; Public Citizen publishes section-by-section legal analysis
EO 14365 (AI preemption) - 2025-12-11
President signs EO 14365 'Ensuring a National Policy Framework for Artificial Intelligence' (DOJ task force, BEAD conditions, FCC/FTC directives, carve-outs for child safety, data centers, state procurement)
EO 14365 (AI preemption) - 2026-01-09
DOJ announces AI Litigation Task Force to challenge state AI laws
EO 14365 (AI preemption) - 2026-01-15
Preemption language circulated for NDAA and standalone federal-framework vehicles (119th Congress, 2nd session)
- 2026-03-20
White House releases National Policy Framework for AI legislative recommendations proposing a federal baseline preempting 'undue burden' state AI laws
National AI Policy Framework - 2026-04-09
xAI sues to enjoin the Colorado AI Act (D. Colo.) on First Amendment, Commerce Clause, vagueness, and equal-protection grounds
Colorado AI Act - 2026-04-24
DOJ moves to intervene / files companion complaint, first DOJ challenge to a state AI law under EO 14365
Colorado AI Act - 2026-04-27
Stipulated order suspends enforcement of the Colorado AI Act
Colorado AI Act - 2026-05-14
Colorado repeals and reenacts its AI Act as SB 26-189 (ADMT transparency framework, obligations from Jan 1, 2027)
Colorado AI Act - 2026-06-04
Obernolte-Trahan Great American AI Act discussion draft proposes three-year preemption of state laws specifically regulating AI model development
Great American AI Act
6 claims · every quote links to its document
The record
For · 2
“More than 1,000 AI-related bills have already been introduced at the state and local level this year. Without a federal moratorium there will be a growing patchwork of state and local laws that will significantly limit AI development and deployment.”
Coalition letter of 250+ business associations to Senate leaders Thune and Schumer.
Against · 4
“This bill does not propose any regulatory scheme to replace or supplement the laws enacted or currently under consideration by the states, leaving Americans entirely unprotected from the potential harms of AI.”
Signed by 40 attorneys general, bipartisan.
“We, the undersigned organizations, call on you to strike the AI moratorium from the budget reconciliation text to protect our families. It is irresponsible and short sighted to strip children, creators, and Americans from all backgrounds of their most basic protections and tie the hands of state legislators.”
Co-led 140+ organization letter (with Common Sense Media, Young People's Alliance, ARI and others).
“However, its purpose is clear: create a standing mechanism for the federal government to attack a wide range of state laws even before those laws are fully implemented and, ideally, chill them from being adopted in the first place.”
“This is a disastrous proposal that Big Tech is celebrating. This bill strips states of their authority to respond to real harms consumers are experiencing.”