United States AI Regulation

North America · CoE Framework Convention signatory

Overview

• –The United States has no comprehensive federal AI legislation. Regulation has developed through a sequence of executive orders and, at the state level, through a rapidly growing body of enacted laws.
• –On 20 March 2026, the Trump administration published a National AI Legislative Framework setting out detailed recommendations to Congress across seven pillars: protecting children and empowering parents; safeguarding communities; respecting intellectual property rights; preventing censorship; enabling innovation; workforce development; and establishing federal preemption of state AI laws. The framework is a set of legislative recommendations, not law — Congress must act on it.
• –This follows three earlier executive actions: EO 14179 (January 2025) revoking the Biden administration's AI Executive Order; America's AI Action Plan (July 2025) setting out 90 policy positions across three pillars; and EO 14365 (December 2025) directing the DOJ to establish an AI Litigation Task Force to challenge state AI laws deemed inconsistent with federal policy.
• –The framework recommends that Congress should not create any new federal rulemaking body to regulate AI, and should instead support sector-specific regulation through existing bodies. On copyright, the administration states its belief that training AI models on copyrighted material does not violate copyright law, but supports allowing the courts to resolve the issue. On state preemption, Congress should preempt state AI laws that impose undue burdens while preserving states' traditional police powers. States should not be permitted to regulate AI development, which the framework characterises as an inherently interstate phenomenon with national security implications. The framework also calls for regulatory sandboxes, federal dataset access for AI training, age-assurance requirements for AI platforms accessed by minors, and expanded workforce development programmes.
• –In the absence of a country wide federal legislation, regulation has developed at the state level. In 2025, 38 states adopted or enacted around 100 AI-related measures. Key state laws include Colorado AI Act SB 24-205 (effective February 2026); Texas Responsible AI Governance Act HB 149 (effective January 2026); California AI Transparency Act SB 942 (effective August 2026, delayed from January 2026); Utah AI Policy Act SB 149 (effective May 2024); and Illinois AI Video Interview Act (2020, amended 2025). A separate state legislation tracker is coming soon to Deep Lex.
• –There is no federal AI regulator. NIST maintains the AI Risk Management Framework (voluntary). The FTC, SEC, EEOC, and HHS assert jurisdiction over AI within existing mandates. The DOJ AI Litigation Task Force (established per EO 14365) challenges state AI laws inconsistent with federal policy. CISA handles AI cybersecurity within DHS.

This content is for informational and educational purposes only and does not constitute legal advice.