US National AI Policy Framework

Overview

The National Policy Framework for Artificial Intelligence (Legislative Recommendations), released by the Trump Administration on March 20, 2026, represents a comprehensive proposal aimed at guiding the United States Congress in establishing a unified federal approach to artificial intelligence (AI) governance. This pivotal document articulates a strategic vision for maintaining American leadership in AI innovation while addressing potential societal challenges and safeguarding fundamental rights. It builds upon a series of prior executive actions, including Executive Order 14365, "Ensuring a National Policy Framework for Artificial Intelligence" (December 2025), and Executive Order 14179, "Removing Barriers to American Leadership in Artificial Intelligence" (January 2025), as well as the broader "America's AI Action Plan" (July 2025). The framework's overarching goal is to foster an environment conducive to rapid AI development and deployment by minimizing regulatory burdens, particularly through the preemption of conflicting state-level AI laws. It seeks to balance innovation with critical protections in areas such as child safety, free speech, and national security, advocating for a federal standard that promotes both technological advancement and public trust. The legislative recommendations contained within this framework are intended to serve as a blueprint for future congressional action, reflecting the administration's commitment to securing global AI dominance for the United States.

This framework is explicitly designed to counter what the administration perceives as a fragmented and potentially burdensome patchwork of state AI regulations that could hinder national competitiveness and innovation. By calling for federal preemption, the framework aims to create a consistent and predictable regulatory landscape across the nation, thereby reducing compliance complexities for AI developers and deployers. Beyond regulatory harmonization, the document emphasizes several key policy pillars: accelerating innovation, building robust AI infrastructure, and leading in international diplomacy and security. It also outlines specific legislative recommendations across critical domains, including safeguarding minors online, protecting free speech from government coercion, fostering workforce development, addressing the impacts of AI infrastructure on communities, and refining intellectual property protections in the context of AI. The framework underscores a philosophy of promoting trustworthy AI systems through market-driven solutions and voluntary standards, rather than through extensive new federal regulatory bodies.

Definitions

For the purposes of this National Policy Framework for Artificial Intelligence, several key terms are defined to ensure clarity and consistent application of the legislative recommendations. "Artificial intelligence" or "AI" is generally understood to align with the definition set forth in 15 U.S.C. 9401(3), which broadly encompasses a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. This foundational definition guides the scope of technologies and applications targeted by the framework's proposals. Furthermore, the framework introduces and elaborates on concepts such as "AI development," referring to the entire lifecycle of creating, training, testing, and refining AI models and systems. This includes foundational research, algorithm design, data curation for training, and the engineering processes that bring AI capabilities to fruition. The framework's emphasis on fostering innovation necessitates a clear understanding of what constitutes AI development to ensure that proposed regulations or incentives are appropriately targeted.

Another crucial term is "AI platform," which denotes the comprehensive infrastructure, tools, and services that enable the building, deployment, and management of AI applications. This can range from cloud-based AI services and development environments to specialized hardware and software ecosystems. The framework's recommendations often distinguish between AI developers, who create these platforms and models, and deployers or users, who integrate AI into their operations or products. The concept of "trustworthy AI" is central to the framework's objectives, referring to AI systems that are safe, secure, reliable, transparent, fair, and accountable, designed to uphold democratic values and protect civil liberties. This aligns with the principles articulated in the NIST AI Risk Management Framework, which the administration supports as a voluntary standard for enhancing AI trustworthiness. Finally, "federal preemption" is a core legal principle underpinning the framework, asserting that federal law should supersede state laws that conflict with or unduly burden the national AI strategy, thereby establishing a "minimally burdensome national standard" for AI governance.

Governance and Institutional Framework

The proposed governance structure outlined in the National Policy Framework for Artificial Intelligence (Legislative Recommendations) strongly advocates for a federal approach that prioritizes national uniformity and innovation over a fragmented landscape of state-level regulations. A cornerstone of this framework is the call for Congress to enact legislation that preempts state AI laws deemed to impose "undue burdens" or contradict the national strategy for AI dominance. This preemption is intended to prevent a confusing "patchwork" of 50 different regulatory regimes that could stifle innovation, increase compliance costs for businesses, and impede the interstate flow of AI-related commerce. The framework, however, carves out exceptions, preserving states' traditional police powers over areas like child protection, fraud prevention, consumer protection, zoning, and their own use of AI, ensuring a balance between federal oversight and state authority.

Rather than proposing the creation of a new, overarching federal AI regulatory body, the framework recommends leveraging and coordinating existing sector-specific agencies with relevant subject matter expertise. This approach aims to integrate AI oversight within established regulatory mechanisms, minimizing bureaucratic overhead and capitalizing on existing institutional knowledge. The National Artificial Intelligence Initiative Office (NAIIO), established under the National AI Initiative Act of 2020, is envisioned as a central hub for federal coordination and collaboration in AI research and policymaking, working across government, private sector, and academia. Furthermore, the framework emphasizes the critical role of the National Institute of Standards and Technology (NIST) in developing voluntary, industry-led technical standards, guidelines, and risk management frameworks for trustworthy AI systems. This reliance on existing federal entities and voluntary standards reflects a preference for a light-touch, pro-innovation regulatory environment that empowers American leadership in AI through market mechanisms and collaborative governance.

Key Focus Areas

The National Policy Framework for Artificial Intelligence (Legislative Recommendations) identifies several critical areas for congressional action, reflecting a multi-faceted approach to AI governance. A primary focus is on Protecting Children and Empowering Parents, recognizing the unique vulnerabilities of minors in an AI-driven digital landscape. The framework recommends legislative mandates for age assurance mechanisms on AI platforms likely to be accessed by children, alongside features designed to reduce risks of sexual exploitation and self-harm. It also advocates for robust parental controls that allow guardians to manage privacy settings, screen time, and content exposure, while affirming that existing child privacy protections, including limits on data collection for model training, apply to AI systems. This approach seeks to create a safer online environment for children without imposing overly broad content restrictions that could stifle innovation or free speech.

Another significant area is Enabling Innovation and Ensuring American AI Dominance, which underpins the entire framework. This involves removing regulatory and other barriers to the safe development and testing of AI technologies, with a strong emphasis on fostering a competitive and dynamic AI industry. The framework proposes the establishment of regulatory sandboxes for AI applications, allowing companies to experiment with new technologies in a controlled environment with reduced regulatory pressure. It also calls for making federal AI-ready data sets available to industry and academia, and for increased investment in AI research and development. Concurrently, the framework addresses Protecting Free Speech and Preventing Censorship, urging Congress to prohibit federal agencies from coercing technology providers, including AI platforms, to ban, compel, or alter content based on partisan or ideological agendas. It recommends creating a private right of action for individuals to seek redress when government entities attempt to interfere with expressive content on AI platforms. Additional key areas include Workforce Development, advocating for non-regulatory methods to integrate AI training into existing education and workforce programs; Community and Infrastructure Impacts, focusing on protecting residential ratepayers from increased electricity costs due to AI data centers and streamlining federal permitting for AI infrastructure; and Intellectual Property, with a recommendation to clarify that training AI on copyrighted works is not per se fair use.

Implementation Framework

The implementation framework for the National Policy Framework for Artificial Intelligence (Legislative Recommendations) is primarily centered on congressional action, as the document itself comprises legislative recommendations. The White House explicitly states its intention to work with Congress to translate these proposals into federal legislation, aiming to create a uniform national standard for AI governance. This legislative pathway is crucial for achieving the framework's goal of preempting state AI laws that are deemed to create undue burdens or conflict with the national strategy. The framework envisions a collaborative process where Congress, informed by these recommendations, enacts statutes that define the scope of federal authority, delineate responsibilities for existing agencies, and establish the foundational principles for AI development and deployment across the United States. The emphasis is on a legislative rather than purely executive approach to ensure long-term stability and broad applicability of AI policy.

Beyond direct legislation, the implementation strategy relies heavily on the continued efforts of existing federal agencies and the promotion of voluntary industry standards. Agencies such as the National Institute of Standards and Technology (NIST) are expected to continue their work in developing and refining AI risk management frameworks, technical standards, and best practices, which are intended for voluntary adoption by industry. The framework discourages the creation of new federal regulatory bodies, instead advocating for the use of existing sector-specific regulators with established expertise to oversee AI applications within their respective domains. This approach aims to integrate AI governance into the existing regulatory ecosystem, minimizing disruption and leveraging established institutional capacities. Furthermore, the framework encourages public-private partnerships, regulatory sandboxes, and incentives for research and development to accelerate innovation, with the Department of Commerce playing a key role in promoting American AI exports and infrastructure development.

Monitoring and Evaluation

Monitoring and evaluation within the National Policy Framework for Artificial Intelligence (Legislative Recommendations) are implicitly integrated into its overarching goals of sustaining American AI leadership and ensuring trustworthy AI development. While the framework, as a set of legislative recommendations, does not prescribe specific monitoring bodies or detailed evaluation metrics, it lays the groundwork for future governmental oversight and assessment. The ongoing work of the National Artificial Intelligence Initiative Office (NAIIO) is central to this, as it serves as a coordination hub for federal AI activities, which inherently includes tracking progress on research, development, and policy implementation. Regular reporting requirements to Congress, as established by the National AI Initiative Act of 2020, would provide mechanisms for evaluating the effectiveness of federal strategies and identifying areas for adjustment. This continuous feedback loop is crucial for adapting policies to the rapidly evolving AI landscape.

Furthermore, the framework's reliance on voluntary standards developed by organizations like the National Institute of Standards and Technology (NIST) suggests an evaluation approach rooted in industry adoption and best practices. NIST's AI Risk Management Framework (AI RMF), for instance, provides a structured methodology for organizations to identify, assess, and mitigate AI-related risks, thereby serving as a de facto tool for internal evaluation of AI system trustworthiness. The framework's emphasis on data availability and research investment also implies a commitment to empirical assessment of AI's societal and economic impacts. Future legislation stemming from these recommendations would likely include provisions for periodic reviews of AI policy efficacy, potentially involving expert commissions, public consultations, and interagency task forces to ensure that the United States remains at the forefront of responsible AI innovation. The objective of preventing "woke AI" and ensuring AI systems are free from ideological bias also implies a need for mechanisms to monitor AI outputs and development practices against these stated policy goals.

Penalties, Liability, and Appeals

The National Policy Framework for Artificial Intelligence (Legislative Recommendations) addresses the complex issues of penalties, liability, and appeals with a clear preference for minimizing burdens on AI developers while ensuring avenues for redress where harm occurs. A significant recommendation is to prevent states from penalizing AI developers for the unlawful actions of third parties who use their models. This proposal aims to shield innovators from excessive liability that could stifle the development and deployment of new AI technologies, particularly foundational models that may be used in unforeseen ways. The framework seeks to avoid "open-ended liability" and ambiguous standards that could lead to excessive litigation, thereby promoting a more predictable legal environment for the AI industry. This approach reflects a broader philosophy of fostering innovation by reducing perceived legal risks for companies operating in the rapidly evolving AI sector.

Conversely, the framework also proposes specific mechanisms for individuals to seek redress in certain circumstances. Notably, it recommends creating a private right of action through which individuals could seek redress from the Federal Government for agency efforts to censor expression on AI platforms or dictate the information provided by an AI platform. This provision underscores the framework's commitment to protecting free speech and preventing government overreach in the digital sphere, particularly concerning AI-generated or moderated content. While the framework emphasizes a light-touch regulatory approach for AI development, it implicitly acknowledges the need for accountability when fundamental rights are infringed upon by government actions related to AI. The balance sought is one that encourages robust innovation while providing targeted legal recourse for specific harms, particularly those involving government interference with constitutional liberties.

Relationship to Other Instruments

The National Policy Framework for Artificial Intelligence (Legislative Recommendations) is deeply rooted in, and explicitly builds upon, a series of prior executive and legislative instruments that have shaped U.S. AI policy. It directly references and seeks to further the objectives of Executive Order 14365, "Ensuring a National Policy Framework for Artificial Intelligence" (December 2025), which called for the development of these legislative recommendations to establish a uniform federal policy framework for AI. This December 2025 EO itself reinforced earlier directives, including Executive Order 14179, "Removing Barriers to American Leadership in Artificial Intelligence" (January 2025), which aimed to revoke previous AI policies perceived as hindering innovation and to clear a path for U.S. global AI dominance. The framework also draws from the broader "America's AI Action Plan" (July 2025), which outlined pillars for accelerating innovation, building AI infrastructure, and leading in international diplomacy and security.

Furthermore, the framework acknowledges and integrates the foundational work of the National Artificial Intelligence Initiative Act of 2020. This bipartisan legislation established the National AI Initiative and its coordinating office (NAIIO), mandating federal efforts in AI research and development, workforce preparation, and the advancement of trustworthy AI systems, including through the work of the National Institute of Standards and Technology (NIST). The framework's call for federal preemption of state AI laws is a direct response to the concerns articulated in these preceding executive orders regarding a fragmented state regulatory environment that could impede national AI strategy. By explicitly linking its recommendations to these existing instruments, the framework positions itself not as a standalone policy, but as the next logical step in a continuous and evolving national strategy to secure and advance American leadership in AI.

International Alignment

The National Policy Framework for Artificial Intelligence (Legislative Recommendations) underscores the importance of international engagement and alignment as a critical component of the United States' strategy for global AI leadership. The framework advocates for continued collaboration with like-minded international allies to promote a global AI environment that is supportive of democratic values and principles. This approach recognizes that AI development and deployment have significant cross-border implications and that international cooperation is essential for addressing shared challenges, such as ensuring AI safety, promoting ethical AI use, and preventing the misuse of AI technologies. The Department of Commerce, for instance, is actively implementing an "American AI Exports Program" to promote the export of U.S. full-stack AI technology packages to allies, thereby extending American influence and standards globally.

The framework also implicitly aligns with international efforts to develop voluntary AI standards and risk management approaches, such as those promoted by the National Institute of Standards and Technology (NIST), which actively engages in international discussions on AI safety and trustworthiness. By fostering an open and competitive domestic AI ecosystem, the United States aims to set a global benchmark for responsible innovation, encouraging other nations to adopt similar principles and practices. This includes sharing best practices for AI governance, collaborating on research and development, and working to counter adversarial nations' attempts to weaponize AI or use it in ways that undermine democratic norms. The overall strategy is to leverage America's technological prowess and diplomatic influence to shape a global AI landscape that reflects U.S. values and economic interests, ensuring that the benefits of AI are widely shared while mitigating its risks on an international scale.

Implementation Timeline

Sources and References