OpenAI asks Congress for mandatory national AI safety rules

On Sept. 9, 2026, OpenAI’s chief global affairs officer, Chris Lehane, published “The AI policy window is open.” The ask is mandatory, capability-based national AI safety rules from Congress. The same day, California Gov. Gavin Newsom signed SB 813 and AB 1405 — a state auditor-and-verification framework, not that federal mandate.

Keep the fork clear. OpenAI wants binding national rules keyed to model capability. California built voluntary third-party assessment plumbing. Hedge the federal path until Congress acts.

The rule in English

OpenAI ask (Lehane, Sept. 9). Work with Congress on mandatory national AI safety regulation that is capability-based. Until Congress acts, keep supporting state bills that thicken the safety ecosystem. OpenAI says it backs four California measures: SB 813 (independent safety-assessment infrastructure), AB 1405 (AI-auditor standards), SB 1119 (youth protections), and AB 1864 (AI-enabled biological-threat safeguards). Separately, it will push industry frontier standards and compatible international measures for when development should slow or stop.

California law signed Sept. 9. SB 813 (Sen. Jerry McNerney) directs the Government Operations Agency, on or before Jan. 1, 2028, to set criteria and processes for designating independent verification organizations (IVOs) that can assess AI systems and models for compliance with state law. AB 1405 (Asm. Rebecca Bauer-Kahan) creates a state registry for AI auditors and standards for independence, transparency, and integrity. Governor’s office and contemporaneous coverage describe a voluntary framework for third-party evaluation — not a requirement that every model be audited before release.

Who wrote it / who it binds

OpenAI’s post binds OpenAI as an advocacy position and a pledge of state/federal engagement. It does not bind Congress.

SB 813 and AB 1405 bind California agencies building the IVO designation and auditor registry, and any auditors who seek designation or registration under those programs. They do not, on the signing-day texts described here, impose a universal mandate on every frontier lab to obtain an IVO certificate before shipping.

Who it exempts

Labs outside California’s reach for the state bills. Federal actors until Congress legislates. OpenAI’s own post leaves room for voluntary industry standards “with or without government support.”

What a founder, parent, or worker should do differently

Founders: separate the press release from the statute. Capability-based national safety is a lobby ask. California’s package is auditor infrastructure with a 2028 IVO-criteria deadline under SB 813 — watch the Government Operations Agency rulemaking, not an overnight federal bar.

Parents and schools: youth and bio bills OpenAI lists (SB 1119, AB 1864) are adjacent; this piece’s signed primaries are the auditor pair. Do not inflate SB 813 into a kids statute.

What’s next

• Any House/Senate text that converts “capability-based” into defined thresholds.
• California Government Operations Agency IVO criteria drafts toward the 2028 deadline.
• Whether other states copy the auditor-registry model.
• Whether OpenAI’s voluntary industry-standards track produces a published bar for slowing or stopping development.

Sources: OpenAI / Chris Lehane, Sept. 9, 2026; Gov. Newsom signing release, Sept. 9, 2026; SB 813 text (leginfo).