Is AI Regulated in the US? Federal and State Rules Explained

Yes, but not through a single national law. As of mid-September 2026, Congress had not passed a comprehensive AI statute. NPR reported that most lawmakers were leaving Washington until after the November elections. In practice, AI is governed by executive orders, existing federal agency powers, a few narrow federal statutes and a growing body of state law. The Trump administration is challenging that body of state law.

Is there a federal AI law in the US?

There is no federal counterpart to the EU's AI Act. Congress has instead passed targeted measures. The TAKE IT DOWN Act became law on May 19, 2025. It generally prohibits publishing intimate images of a person online without consent, including computer-generated ones. It also requires covered platforms to remove such images within 48 hours of being notified.

Agencies also act under existing powers. In September 2025, the Federal Trade Commission ordered seven companies to explain how they test and monitor AI companion chatbots for harm to children and teens. The seven include Alphabet, Meta, OpenAI, Snap and xAI.

A broader bill exists only as a draft. On June 4, 2026, two lawmakers released a 269-page draft called the Great American Artificial Intelligence Act. They are Representatives Jay Obernolte, a California Republican, and Lori Trahan, a Massachusetts Democrat. According to Roll Call, it would require developers with more than $500 million in annual revenue to publish safety frameworks and report serious incidents. For three years, it would also preempt, meaning override, state laws that regulate the development of AI models. State rules on AI use and deployment would stay in place. NPR reported in September that such proposals had drawn little response from leaders of either party.

What has the White House done about AI rules?

Federal policy has mostly been set by executive order, and its direction has been deregulatory. On January 23, 2025, President Trump signed an order directing officials to review actions taken under the Biden administration's revoked 2023 AI executive order. It also directed them to suspend, revise or rescind any of those actions that conflict with his policy.

On December 11, 2025, he signed an order titled Ensuring a National Policy Framework for Artificial Intelligence. It told the attorney general to create an AI Litigation Task Force to challenge state AI laws. It told the Commerce Department to identify state laws it considers onerous. It directed that states with such laws be made ineligible for some federal broadband funding. It also called for legislation to override conflicting state laws, with exceptions for child safety, data center infrastructure and state government procurement.

The order works through lawsuits, funding conditions and a request for legislation. It does not itself strike down any state law. The attorney general established the task force on January 9, 2026. On March 20, 2026, the White House published legislative recommendations. They argue that conflicting state laws would hold back American innovation and that one framework should apply nationwide. On April 24, 2026, the Justice Department moved to intervene in a lawsuit by xAI against Colorado's 2024 law on algorithmic discrimination.

Which states have AI laws?

States are where most new AI rules come from. By July 1, 2026, 29 states had enacted a combined 109 AI laws during the year, according to a tally by NYU's Center on Technology Policy. The same tally counts 14 enacted bills on companion chatbots. Examples:

• California: SB 53 has been in effect since January 1, 2026. It requires large developers of frontier models to publish safety frameworks. It also creates a channel for reporting critical safety incidents to the state. SB 243 requires companion chatbot operators to tell users they are talking to AI when a reasonable person could be misled. It also requires them to maintain protocols for suicidal ideation and self-harm content. SB 1119 was signed on September 10, 2026. It adds child-safety risk assessments and independent audits for companion chatbots from July 1, 2027.
• Texas: the Responsible Artificial Intelligence Governance Act has been in effect since January 1, 2026. It prohibits developing or deploying AI systems with the intent to encourage self-harm, unlawfully discriminate or produce child sexual abuse material.
• Colorado: lawmakers repealed and reenacted the state's 2024 AI law. Its start date had been pushed back to June 30, 2026. The replacement was signed on May 14, 2026. It covers automated tools used in decisions about jobs, housing, lending and insurance. It requires notices, plain-language explanations of adverse decisions and a route to human review. Developer documentation duties start on January 1, 2027.
• New York and Illinois: frontier model safety laws take effect on January 1, 2027 in New York and Illinois. The Illinois requirements to publish a safety framework and commission annual independent audits begin on January 1, 2028.

What to watch

Three open questions stand out. One is whether Congress takes up a federal framework after the November 2026 elections, and how much state law it would override. Another is how companies respond to the state laws starting on January 1, 2027 in Colorado, New York and Illinois. The last is whether the Justice Department brings further court challenges against state laws. This article describes the rules and is not legal advice.