The United States still has no federal AI statute. The action is in the states, and in a federal attempt to rein them in.
In force now
California. SB 53, in force since 1 January 2026, requires the largest frontier model developers to publish safety frameworks and transparency reports and to report critical safety incidents within 15 days, or 24 hours where there is imminent danger. Penalties reach $1 million per violation. The companion chatbot law also applies, and privacy regulations require risk assessments.
Texas. The Texas Responsible AI Governance Act took effect on 1 January 2026, with prohibitions on certain harmful uses and duties focused on government bodies.
Chatbot laws in New York and Tennessee, and New York City’s bias audit rule for hiring tools.
Coming in 2027
Colorado. Its 2024 AI Act was rewritten in 2026 before it ever applied. The new version, starting 1 January 2027, regulates automated decision technology that materially influences consequential decisions, and drops the original duty of care and annual impact assessments.
California’s automated decision rules, and new chatbot laws in Oregon and Washington, also start on 1 January 2027.
The federal challenge
An executive order of December 2025 set up a Justice Department task force to challenge state AI laws in court and tied some federal funding to state AI policy. In March 2026 the White House recommended that Congress pre-empt state laws, with carve-outs for child protection and general consumer protection. Congress has not acted, so state laws remain in force unless a court holds otherwise.
Plan for the state laws. Treat federal pre-emption as a possibility, not a compliance strategy.
This article is general information on the law as at November 2026. It is not legal advice and has not been updated since that date. See the terms of use.