On March 20, 2026, the Trump Administration released its National Policy Framework for Artificial Intelligence (“AI Framework”), a legislative recommendation document intended to guide Congress in establishing a unified federal approach to artificial intelligence (“AI”) governance. The White House’s new AI Framework follows closely behind Senator Marsha Blackburn’s March 18, 2026, legislative discussion draft (“AI Discussion Draft”) titled the “Trump America AI Act.” Senator Blackburn’s draft generally reflects the priorities outlined in the AI Framework, with notable differences in the areas of copyright protections, liability for AI developers, and the proposed repeal of Section 230 of the Communications Act.
This AI Framework outlines seven congressional policy recommendations that together form a wide ranging federal strategy for AI regulation:
A Federal Policy Framework that Preempts State AI Laws
The White House calls on Congress to preempt state laws that regulate “AI development,” on the grounds that AI development is an inherently “interstate phenomenon with key foreign policy and national security implications.” At the same time, the AI Framework contains a number of carve-outs to preemption designed to preserve states’ traditional police powers over child protection, fraud prevention, consumer protection, zoning, and their own use of AI. The AI Framework also stresses that states must not penalize AI developers for the unlawful actions of third parties using an AI developer’s model, although it is unclear if the AI Framework intends to preempt state laws or causes of action that could be brought against developers in such cases.
Protecting Children and Empowering Parents
The AI Framework emphasizes safeguarding minors online by requiring age assurance mechanisms, limiting data collection for model training, and mandating features that reduce risks of exploitation and self harm. It also supports providing parents with tools to manage privacy settings, content exposure, and account controls. Existing child privacy protections are affirmed as applicable to AI systems, and states retain authority to enforce their own protections. These aims are broadly consistent with Sen. Blackburn’s AI Discussion Draft bill.
IP Rights in AI Training
The AI Framework calls for a balance between protecting creators and preserving lawful AI innovation and free expression. The Trump Administration states it believes that training of AI models on copyrighted material does not violate copyright laws, but acknowledges arguments to the contrary exist and therefore supports disputes being resolved in the Courts. The AI Framework then calls for Congress not to take any actions that would impact the judiciary’s resolution of whether training on copyrighted material constitutes fair use. It also calls for Congress to enable licensing or collective rights systems for rights holders to negotiate compensation from AI providers, establish a federal framework that protects individuals from unauthorized AI‑generated digital replicas while preserving First Amendment exceptions, and monitor emerging copyright case law to determine whether additional measures are needed to address AI‑related gaps or strengthen creator protections.
This approach – deferring to the courts unless and until Congress passes supplemental copyright legislation – seems to run counter to Sen. Blackburn’s AI Discussion Draft bill. Its provisions would establish as a matter of law that training AI on copyrighted works is per se not fair use.
Energy Safeguards
The AI Framework calls for ensuring that AI infrastructure does not increase electricity costs for residential ratepayers, and encourages streamlined permitting processes to support responsible infrastructure buildout.
Strengthening Law Enforcement oversight of AI
The AI Framework recommends strengthening law enforcement capabilities to combat AI enabled impersonation scams and ensuring national security agencies possess the necessary technical capacity to assess frontier AI risks.
Preventing Censorship and Protecting Free Speech
The AI Framework directs Congress to prevent federal agencies from influencing content moderation decisions based on ideological or partisan considerations. It also recommends creating a private right of action through which individuals could seek redress when government entities attempt to coerce or interfere with expressive content on AI platforms.
Enabling Innovation and Ensuring American AI Dominance
To support innovation, the AI Framework calls for regulatory sandboxes, expanded access to federal datasets, and reliance on existing regulatory agencies rather than the creation of a new federal AI regulator. It encourages sector specific guidance and industry driven standards to accelerate deployment and maintain global competitiveness.
Educating Americans and Developing an AI Ready Workforce
The document promotes integration of AI training into existing education and workforce programs, increased study of AI driven labor trends, and expanded technical support and youth development initiatives at land grant institutions.
Next Steps and Takeaway
The Trump Administration continues to advance its roadmap aimed at shaping the national AI legislative landscape. However, neither the AI Framework nor the AI Discussion Draft represents final legislative language. The next phase of any AI legislative development will depend on congressional action on the AI Discussion Draft, input from the AI industry, and the degree to which Congress chooses to adopt the Trump Administration’s recommendations. Given the scope and complexity of the AI Framework, like with the AI Discussion Draft, a substantial period of negotiation and refinement is expected before Congress produces any final AI legislative text.
