The Trump admin is readying an executive order on state AI law preemption

Nov 20, 2025

The discussion kicks off with a proposed executive order by Trump aiming to challenge state regulations on AI. A federal task force is in the works to tackle these state statutes, potentially restricting funding for those deemed too strict. The spotlight then shifts to the Pentagon's drastic reduction in critical technology areas, narrowing down from 14 to 6 key focuses, including applied AI and quantum tech. The episode dives deep into implications for AI governance and defense technology.

Ask episode

AI Snips

Chapters

Transcript

Episode notes

INSIGHT

Federal Push To Preempt State AI Laws

The Trump administration is preparing a draft executive order to centralize AI regulation and block state AI laws deemed obstructive.
It aims to create a federal litigation task force, restrict funds to certain states, and push federal preemption via agencies and legislation.

INSIGHT

Multiple Agencies Tasked To Override States

The draft directs Commerce, the FCC, and the FTC to identify and override state AI rules that conflict with a federal approach.
The plan includes using funding restrictions and regulatory actions to pressure states like California and Colorado.

ADVICE

Watch NDAA For Federal AI Standard

Expect Congress and the White House to pursue a single federal AI standard, possibly via the NDAA or other must-pass bills.
Monitor legislative text and NDAA negotiations if you need to anticipate state preemption risks.

Get the Snipd Podcast app to discover more snips from this episode

Get the app

President Donald Trump appears to be eyeing an executive order that would target individual state efforts to rein in artificial intelligence and initiate several actions aimed at preempting those laws. A draft order viewed by FedScoop includes plans to establish an AI litigation task force to challenge state AI statutes, restrict funding for states with AI laws that the administration views as “onerous,” and launch efforts to preempt state laws via the Federal Trade Commission, the Federal Communications Commission, and legislation. In response to a FedScoop inquiry about the six-page draft order, which was also marked “deliberative” and “predecisional,” a White House official said that until announced officially, “discussion about potential executive orders is speculation.” The document comes as long-discussed desires by the Trump administration and congressional Republicans to preempt state AI laws and clear the field for AI companies appear to be coming to a head. Republican lawmakers are again planning to include a state AI law moratorium in the must-pass National Defense Authorization Act, and Trump, in a Tuesday social media post, voiced clear support for a federal standard to be included in the NDAA or another bill. The Defense Department’s CTO has revised its list of critical technology areas — reducing the number of research-and-development priorities by more than half. The Pentagon announced on Monday that the 14 critical technology areas established during the Biden administration will be trimmed to just six categories. In a video shared on LinkedIn, Undersecretary of Defense for Research and Engineering Emil Michael emphasized that the shortened list will steer the department’s efforts to efficiently deliver the emerging capabilities that warfighters need. Michael said Monday in a statement: “When I stepped into this role, our office had identified 14 critical technology areas. While each of these areas holds value, such a broad list dilutes focus and fails to highlight the most urgent needs of the warfighter. 14 priorities, in truth, means no priorities at all.” The focus areas in the updated catalog include applied artificial intelligence (AAI); biomanufacturing; contested logistics technologies (LOG); quantum and battlefield information dominance (Q-BID); scaled directed energy (SCADE); and scaled hypersonics (SHY). Since its creation, the Pentagon’s outline of critical technology areas has included the most pressing challenges and capabilities needed for modern warfare. The list serves as a guide for where the department should focus its investment, research and development efforts. The Daily Scoop Podcast is available every Monday-Friday afternoon. If you want to hear more of the latest from Washington, subscribe to The Daily Scoop Podcast on Apple Podcasts, Soundcloud, Spotify and YouTube.