White House Proposes Uniform National Standard Ai Law

Last Tuesday, a draft executive order (EO) from the White House overriding states’ artificial intelligence (AI) laws was leaked. The draft EO was a surprise, considering that a moratorium on state AI laws was voted down 99-1 by the U.S. Senate on July 1, and the White House then said on July 10 that the federal government would not interfere with states’ rights if they pass “prudent AI laws.” While the White House stated last week that another AI-related EO was only speculation, the leaked draft EO raises several issues for AI governance — the combination of principles, laws and policies that relate... Yesterday, the White House pivoted from the draft EO to issue a fact sheet to “accelerate AI for scientific discovery” and an EO launching the Genesis Mission, an integrated platform designed to harness datasets... The new EO includes directives to combine efforts with the private sector and incorporate security standards.

The draft EO reiterates the AI Action Plan edict that “national security demands that we win this [AI] race” and asserts that state legislatures have introduced over 1,000 AI bills that threaten to undermine... The draft declares that the White House “will act to ensure that there is a minimally burdensome national standard — not 50 discordant state ones.” Of the more than “1,000 AI bills” the draft EO threatens to override, it calls out two consumer privacy AI laws — California’s Transparency in Frontier Artificial Intelligence Act (i.e., Senate Bill 53) and... Last Tuesday, a draft executive order (EO) from the White House overriding states’ artificial intelligence (AI) laws was leaked. The draft EO was a surprise, considering that a moratorium on state AI laws was voted down 99-1 by the U.S. Senate on July 1, and the White House then said on July 10 that the federal government would not interfere with states’ rights if they pass “prudent AI laws.”

While the White House stated last week that another AI-related EO was only speculation, the leaked draft EO raises several issues for AI governance — the combination of principles, laws and policies that relate... Yesterday, the White House pivoted from the draft EO to issue a fact sheet to “accelerate AI for scientific discovery” and an EO launching the Genesis Mission, an integrated platform designed to harness datasets... The new EO includes directives to combine efforts with the private sector and incorporate security standards. The draft EO reiterates the AI Action Plan edict that “national security demands that we win this [AI] race” and asserts that state legislatures have introduced over 1,000 AI bills that threaten to undermine... The draft declares that the White House “will act to ensure that there is a minimally burdensome national standard — not 50 discordant state ones.” Of the more than “1,000 AI bills” the draft EO threatens to override, it calls out two consumer privacy AI laws — California’s Transparency in Frontier Artificial Intelligence Act (i.e., Senate Bill 53) and...

According to reports published on November 19, the White House has prepared a draft Executive Order to preempt state AI regulations in lieu of a uniform national legislative framework, marking a significant escalation in... The draft Executive Order, titled “Eliminating State Law Obstruction of National AI Policy” (and marked “Deliberative/Predecisional/Draft”) (“draft EO”), outlines a sweeping, multi-pronged effort to “sustain and enhance America’s global AI dominance through a minimally... The draft EO directs White House officials and federal agencies to take various steps to preempt or challenge certain state AI regulations deemed unconstitutional or inconsistent with federal law, or to withhold federal funding... Although the operative provisions of the draft EO do not expressly target any particular state AI laws, the statement of purpose specifically references the Colorado AI Act, which establishes reporting, impact assessment, and transparency... While these laws are noted as motivating factors for the draft EO, agency actions taken pursuant to the draft EO would presumably apply to state laws deemed to conflict with the policies adopted in... The draft EO follows a series of recent efforts to curb state AI laws and, if ultimately finalized, could reshape the balance of federal and state authority over AI regulation.

On July 1, the Senate, by a 99–1 vote, rejected a proposed amendment to the budget reconciliation bill, the One Big Beautiful Bill Act, that would have imposed a moratorium on state and local... Later in July, the White House released its AI Action Plan, which called on federal agencies to limit funding to states with “burdensome” AI laws and urged the FCC to evaluate potential preemption under... And in recent weeks, and with support from the President, House Republicans have renewed efforts for federal legislation to preempt state AI laws, pushing to include an AI preemption provision in the Fiscal Year... While it remains uncertain whether President Trump will ultimately issue the draft EO as prepared or whether the latest legislative efforts to preempt state AI legislation will succeed, the debate over the proper scope... On November 19, multiple news outlets reported that President Trump is considering an Executive Order (EO) aimed at challenging state efforts in AI governance. The reported draft EO follows a summer of mounting tension between state policy makers and the administration’s federal-first, deregulatory approach.

If issued (potentially as soon as today, according to several sources), the EO would mark a significant federal intervention in the ongoing debate regarding the allocation of authority between federal and state governments in... The draft EO reportedly contends that the proliferation of state AI laws, with “over 1,000 AI bills introduced by state legislatures,” poses risks to US competitiveness. It asserts that “American AI companies must be free to innovate without cumbersome regulation” and grounds federal preemption in the policy goal of advancing “America’s global AI dominance through a minimally burdensome, uniform national... Under this policy directive, the reported draft EO includes the following operative elements: The draft EO specifically references recently enacted state AI statutes, including California’s Transparency in Frontier Artificial Intelligence Act (S.B. 53) and Colorado’s Artificial Intelligence Act (S.B.

24-205), which it characterizes as contributing to a “patchwork” regulatory landscape, as we’ve previously covered. These state laws impose requirements on large frontier developers and high-risk AI system deployers, including requirements for transparency reporting, model-risk disclosures, and guardrails for high-risk decision systems used in employment, housing, health care, and... The draft EO appears designed to curb regulatory divergence by limiting states’ ability to enforce such obligations, in line with the administration’s broader deregulatory approach to AI. Both California’s and Colorado’s statutes diverge from the deregulatory stance favored by the Trump administration, which emphasizes minimal oversight of AI technologies to facilitate national AI competitiveness and infrastructure. This draft EO aligns with the White House’s AI Action Plan released this summer, which prioritizes advancing US leadership in AI through deregulation, as we’ve previously reported. On November 18, President Trump posted on Truth Social that China “could easily catch us” in the global AI race absent a uniform, nationwide AI framework, signaling the potential issuance of the EO.

By seeking to reduce state-level regulatory barriers, the draft EO reinforces the administration’s objectives of accelerating AI innovation to promote US competitiveness. The White House has drafted an Executive Order that would seek to restrain state AI regulation by threatening states with lawsuits and the withholding of funds. The EO faces significant implementation challenges and legal hurdles even if signed, only further complicating an elaborate regulatory environment, which includes the potential impact of international AI regulations that are equally in a state... Impacted companies should monitor closely current efforts in Congress to insert a provision to preempt or otherwise block state-based AI regulation in federal legislation, the fate of this EO, and related international measures. President Trump is preparing to sign an Executive Order that would seek to forestall state regulation of artificial intelligence (AI) by threatening federal lawsuits and the withholding of some federal funds. The draft, unsigned six-page Executive Order, “Eliminating State Law Obstruction of National AI Policy” (EO), the text of which has been circulating publicly since November 19, would declare it the policy of the Administration...

The White House is reportedly holding the EO in abeyance while Congress debates including a provision to preempt or otherwise attempt to block state-based AI regulation in the must-pass National Defense Authorization Act for... US President Donald Trump is considering signing an executive order that would seek to challenge state efforts to regulate artificial intelligence through lawsuits and the withholding of federal funding, WIRED has learned. A draft of the order viewed by WIRED directs US attorney general Pam Bondi to create an “AI Litigation Task Force,” whose purpose is to sue states in court for passing AI regulations that... Trump could sign the order, which is currently titled “Eliminating State Law Obstruction of National AI Policy,” as early as this week, according to four sources familiar with the matter. A White House spokesperson told WIRED that “discussion about potential executive orders is speculation.” The order says that the AI Litigation Task Force will work with several White House technology advisors, including the special adviser for AI and crypto, David Sacks, to determine which states are violating federal...

It points to state regulations that “require AI models to alter their truthful outputs” or compel AI developers to “report information in a manner that would violate the First Amendment or any other provision... The order specifically cites recently enacted AI safety laws in California and Colorado that require AI developers to publish transparency reports about how they train models, among other provisions. Big Tech trade groups, including Chamber of Progress—which is backed by Andreessen Horowitz, Google, and OpenAI—have vigorously lobbied against these efforts, which they describe as a “patchwork” approach to AI regulation that hampers innovation. These groups are lobbying instead for a light-touch set of federal laws to guide AI progress. Kristian Stout is director of innovation policy at the International Center for Law & Economics (ICLE). Background: In October 2023, former President Joe Biden signed an executive order on artificial intelligence that emphasized caution, with a focus on governance frameworks, safety protocols, and AI risk management.

The Trump administration’s just-released AI Action Plan, in contrast, treats the development of AI as a national imperative akin to the Space Race, with a coordinated plan to advance innovation, infrastructure, and international leverage. And… The plan calls for aggressively removing state and federal restrictions that could slow AI progress, repurposing federal lands for data centers and energy infrastructure, and channeling federal resources toward chip manufacturing, open-source models,... It also proposes denying federal funds to states that impose burdensome AI rules. Its animating assumption is that AI infrastructure and model development are essential to maintain U.S. economic and geopolitical dominance. However… The plan is silent on copyright, which has been one of the most hotly contested legal questions facing generative AI.

The omission may reflect limits on executive authority. But given the U.S. Copyright Office’s recent criticism of fair use and ongoing litigation over model training, this silence is conspicuous. The absence of any position leaves unresolved a core risk to AI deployment: the threat of unpredictable copyright liability for foundational model developers. A centerpiece of the AI Action Plan is its embrace of a “full-stack” strategy that treats AI not merely as a set of models, but a vertically integrated ecosystem that spans research, infrastructure, talent,... Moreover, the federal government would play a coordinating role across each layer of this stack.

It proposes new federal investments in scientific labs equipped for AI-accelerated experimentation, as well as long-term support for focused research organizations aimed at enabling breakthroughs in material science, biology, and engineering. These initiatives are coupled with a forthcoming “National AI R&D Strategic Plan,” which is intended to guide federal priorities toward frontier scientific questions, including interpretability, robustness, and model control. By Joshua Ashley Klayman, Ieuan Jolly, Jeffrey Cohen, and Caitlin Potratz Metcalf Left to right: Joshua Ashley Klayman, Ieuan Jolly, Jeffrey Cohen, and Caitlin Potratz Metcalf (photos courtesy of Linklaters) On July 23, 2025, the White House published Winning the AI Race: America’s AI Action Plan (the AI Action Plan), a comprehensive effort aimed to solidify United States leadership in artificial intelligence. The AI Action Plan acknowledges the U.S.’ uniquely complex—and, at times, conflicting—regulatory landscape, including the patchwork of state-level laws that impact innovation, compliance, and policy predictability.

The Action Plan calls for national leadership and seeks a unified, pro-innovation regulatory approach, with an understanding that states will continue to develop their own laws. Businesses should prepare for both the opportunities and the compliance challenges that will arise as the Action Plan is implemented. The AI Action Plan describes three strategic pillars, as well as corresponding U.S. federal commitments: The AI Action Plan seeks to dramatically increase U.S. AI research, development and adoption via targeted investments and coordinated public-private initiatives.

Key provisions include:

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