On December 11, President Trump signed an Executive Order on “Ensuring a National Policy Framework for Artificial Intelligence” (“AI Preemption EO”), the culmination of months of efforts by Republican lawmakers to assert federal primacy over AI regulation. The AI Preemption EO, which follows the release of a draft version in November, states that “[t]o win”
Continue Reading President Trump Signs Executive Order to Block State AI LawsUS Government
Covington Tech Briefing Spotlight: Impact of Latest Policy Developments on the Tech Industry
On September 24, 2025, Covington’s tech industry experts explored what legal teams, government affairs professionals, and business leaders at tech companies need to know during this pivotal period and offered insights into anticipated challenges and emerging opportunities in the year ahead. Eight Covington attorneys shared their insights during a 60-minute session moderated by Covington partner…
Continue Reading Covington Tech Briefing Spotlight: Impact of Latest Policy Developments on the Tech IndustryWhite House Drafts Executive Order to Preempt State AI Laws
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 federal efforts to assert control over AI regulation. The draft Executive Order, titled “Eliminating State Law Obstruction of National AI…
Continue Reading White House Drafts Executive Order to Preempt State AI LawsCommerce Department Solicits Feedback on AI Exports Program
The Commerce Department today published a Request for Information (RFI) inviting the public to submit comments on U.S. artificial intelligence exports. The RFI asks stakeholders to weigh in on aspects of the Department’s new “American AI Exports Program,” an initiative intended to “promot[e] the export of full-stack American AI technology packages.”
The RFI follows from…
Continue Reading Commerce Department Solicits Feedback on AI Exports ProgramCommerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee Changes
The Trump Administration is considering multiple proposals to raise revenue from patent holders, including direct assessments on patent holders, changes to the existing patent fee schedule, and potentially a new mechanism for sharing profits from university-owned patents obtained through federal research funds.
Patent Tax
First, Commerce Secretary Howard Lutnick is reportedly considering assessing a charge…
Continue Reading Commerce Department and U.S. Patent and Trademark Office Exploring a Patent Tax and Patent Fee ChangesSenator Cruz Unveils AI Framework and Regulatory Sandbox Bill
On September 10, Senate Commerce, Science, and Transportation Committee Chair Ted Cruz (R-TX) released what he called a “light-touch” regulatory framework for federal AI legislation, outlining five pillars for advancing American AI leadership. In parallel, Senator Cruz introduced the Strengthening AI Normalization and Diffusion by Oversight and eXperimentation (“SANDBOX”) Act (S. 2750), which…
Continue Reading Senator Cruz Unveils AI Framework and Regulatory Sandbox BillSenate Nixes State AI Enforcement Moratorium, For Now
Federal legislation to “pause” state artificial intelligence regulations will not become law—for now—after the Senate stripped the measure from the budget reconciliation package, the One Big Beautiful Bill Act (H.R. 1).
The Senate voted 99–1 to strike the moratorium language from the bill during a marathon 27-hour “vote-a-rama” on July 1. The Senate voted 51–50, with Vice President J.D. Vance breaking the tie, to pass the bill (without the moratorium) and send it back to the House. The House passed the Senate-amended bill on July 3 by a vote of 218–214, with all Democrats and two Republicans voting against. President Trump signed the bill into law on July 4.Continue Reading Senate Nixes State AI Enforcement Moratorium, For Now
Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in Doubt
In a surprise move, Senate Parliamentarian Elizabeth MacDonough ruled that a proposed moratorium on state and local AI laws satisfies the Byrd Rule, the requirement that reconciliation bills contain only budgetary provisions and omit “extraneous” policy language. While MacDonough’s determination allows the Senate Commerce Committee’s version of the moratorium to remain in the bill, its…
Continue Reading Senate Parliamentarian Clears Revised State AI Enforcement Moratorium for Reconciliation Bill, But Passage Remains in DoubtHouse Republicans Push for 10-Year Moratorium on State AI Laws
House Republicans have passed through committee a nationwide, 10-year moratorium on the enforcement of state and local laws and regulations that impose requirements on AI and automated decision systems. The moratorium, which would not apply to laws that promote AI adoption, highlights the widening gap between a wave of new state AI laws and the…
Continue Reading House Republicans Push for 10-Year Moratorium on State AI LawsApril 2025 AI Developments Under the Trump Administration
This is part of an ongoing series of Covington blogs on the AI policies, executive orders, and other actions of the Trump Administration. This blog describes AI actions taken by the Trump Administration in April 2025, and prior articles in this series are available here.
White House OMB Issues AI Use & Procurement Requirements for Federal Agencies
On April 3, the White House Office of Management & Budget (“OMB”) issued two memoranda on the use and procurement of AI by federal agencies: Memorandum M-25-21 on Accelerating Federal Use of AI through Innovation, Governance, and Public Trust (“OMB AI Use Memo“) and Memorandum M-25-22 on Driving Efficient Acquisition of Artificial Intelligence in Government (“OMB AI Procurement Memo”). The two memos partially implement President Trump’s January 23 Executive Order 14179 on “Removing Barriers to American Leadership in Artificial Intelligence,” which, among other things, directs OMB to revise the Biden OMB AI Memos to align with the AI EO’s policy of “sustain[ing] and enhance[ing] America’s global AI dominance.” The OMB AI Use Memo outlines agency governance and risk management requirements for the use of AI, including AI use case inventories and generative AI policies, and establishes “minimum risk management practices” for “high-impact AI use cases.” The OMB AI Procurement Memo establishes requirements for agency AI procurement, including preferences for AI “developed and produced in the United States” and contract terms to protect government data and prevent vendor lock-in. According to the White House’s fact sheet, the OMB Memos, which rescind and replace AI use and procurement memos issued under President Biden’s Executive Order 14110, shift U.S. AI policy to a “forward-leaning, pro-innovation, and pro-competition mindset” that will make agencies “more agile, cost-effective, and efficient.”Continue Reading April 2025 AI Developments Under the Trump Administration