White House Releases National AI Legislative Framework Calling for Federal Preemption, March 2026

On March 20, 2026, the Trump Administration's Office of Science and Technology Policy (OSTP) released a National AI Legislative Framework — a set of non-binding legislative recommendations addressed to Congress. The document is in proposal form and does not carry the force of law. It represents the administration's legislative agenda for AI governance and requests that Congress enact corresponding statutes. Both Houses of Congress are expected to receive the framework as a basis for drafting legislation in the coming months.

The framework identifies six legislative objectives: protecting children from online harms and sexual exploitation; safeguarding communities by barring ratepayers from funding AI data centers and streamlining data center permitting; respecting intellectual property and supporting fair use of training data for AI systems; preventing censorship by prohibiting AI systems from filtering lawful political expression in a manner inconsistent with the First Amendment; enabling innovation by removing regulatory barriers and expanding access to testing environments; and educating Americans through workforce development programs. The framework explicitly calls on Congress to enact a single federal statute that preempts conflicting state AI laws.

AI developers, deployers, and technology companies operating under state AI laws must prepare for a potential federal preemption statute. The preemption proposal is particularly consequential for companies currently building compliance programs under state-level AI legislation in California, Colorado, Texas, and other states that have enacted or are considering AI-specific requirements. Companies with AI systems that generate political content, moderate speech, or train on copyright-protected material face immediate strategic decisions about how to structure their data licensing, content moderation policies, and safety disclosures in anticipation of federal legislation.

The framework is non-binding and does not amend any existing federal statute or create enforceable rights. The administration stated it looks forward to working with Congress in the coming months to convert the framework into legislation. Several competing AI bills are simultaneously pending in Congress, and the timeline for enactment remains open. Companies currently complying with state AI laws should not assume those obligations are immediately suspended. Questions regarding whether federal preemption will cover specific state enactments — particularly consumer protection laws that incidentally regulate AI — will be resolved only through the text of any eventual federal statute.

Our firm advises AI developers, technology companies, media platforms, and investors on US federal and state AI compliance strategy. We maintain a dedicated partner network with technology law specialists who track the legislative progress of federal AI bills and advise on state law obligations. Contact us to assess how the proposed federal preemption affects your existing compliance programs. Relevant work we handle includes AI governance program design, state AI law analysis, training data licensing, copyright compliance for AI systems, content moderation policy review, and regulatory affairs for AI-adjacent financial services.

Source: Office of Science and Technology Policy, President Donald J. Trump Unveils National AI Legislative Framework, March 20, 2026. Official URL: https://www.whitehouse.gov/releases/2026/03/president-donald-j-trump-unveils-national-ai-legislative-framework/. Confirmed March 31, 2026.

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