• Even though Trump has vowed to rescind Biden’s AI executive order, an onslaught of state bills around AI is coming

• These bills will use the AI Risk Management Framework (RMF), an outdated and little-known Office of Management and Budget regulatory memo written before the release of ChatGPT

• This memo is overly focused on DEI, calling for never-ending DEI-style impact assessments to “mitigate” the “harms” of “systemic bias,” which is “omnipresent” in the “design, implementation, operation, and maintenance” of any AI system

• Without serious action, state-level bills on AI will have America sleepwalking into an arcane bureaucratic regime that imposes broad government intervention with DEI-style policies on the AI sector

On paper, the United States seems to be adopting a “light-touch” approach to AI regulation. Congress has passed no major AI-related legislation since 2020. President Biden’s Executive Order (EO) on AI introduces almost no regulations, save a modest reporting requirement on companies training the very largest models. California’s SB 1047 — the most ambitious AI regulation proposed in America to date — was vetoed by Gavin Newsom. And now, with President Trump’s election (and the GOP’s promise to repeal even the Biden EO) alongside a commanding Republican mandate in Congress, it seems as though America is on the cusp of a golden age of AI innovation.