AI Legislation

AI Legislative Framework Proposed by the White House

By James R. Holbein, Of Counsel, Braumiller Law Group PLLC

Overview

On March 20, 2026, the Trump Administration announced that it, “is committed to winning the AI race to usher in a new era of human flourishing, economic competitiveness, and national security for the American people“ (Fact Sheet at  President Donald J. Trump Unveils National AI Legislative Framework – The White House).  The White House issued a new comprehensive national legislative framework that addresses six key objectives:

  1. Protecting Children and Empowering Parents
  2. Safeguarding and Strengthening American Communities
  3. Respecting Intellectual Property Rights and Supporting Creators
  4. Preventing Censorship and Protecting Free Speech
  5. Enabling Innovation and Ensuring American AI Dominance and
  6. Educating Americans and Developing an AI-Ready Workforce.

Additionally, the goal of the legislative framework is to produce a national framework to preempt state innovation and bring AI regulation under a federal umbrella.  Note, all quotes that follow are taken and can be copied from,  White House National Policy Framework for AI – Legislative Recommendations. The following sections analyze each objective.

Families

The overarching goal is stated as follows: “AI services and platforms must take measures to protect children, while empowering parents to control their children’s digital environment and upbringing.”  It pushes Congress to act to pass the Take It Down Act to address deep fakes.  It proposes robust tools for managing children’s AI and screen use, many of which are already available for internet and social media use.  It calls for Congress to act to establish “commercially reasonable, privacy protective, age assurance requirements (such as parental attestation) for AI platforms and services likely to be accessed by minors.”  This should include features to reduce the risks of self-harm and sexual exploitation of minors. It calls on Congress to set clear standards to reduce litigation and to avoid preempting state laws on child sexual abuse, including AI-generated materials. All these goals seem quite sensible in the abstract, however, setting a uniform approach at the national level may create political tensions with local and state governments that have varying views of what is needed.  The technical requirements for coding the requirements into the various AI products will also be a potential variable that could complicate implementing the requirements.

Communities

“AI development, including data infrastructure buildout, should strengthen American communities and small businesses through economic growth and energy dominance, while ensuring communities are protected from harmful impacts.” This requirement calls for Congress to maintain residential electric costs level despite new AI data center construction and operation.  Congress should streamline AI data center construction and enhance grid reliability.  New rules should “combat AI-enabled impersonation scams and fraud that target vulnerable populations such as seniors.”  It calls for upgrading national security technical capabilities and plans.  Of course, Congress should provide resources such as grants, tax incentives and technical assistance for small businesses to use AI.  The tension between these various goals impacts both revenues from and incentives to build AI infrastructure.  How the government will keep residential electric costs neutral will be an interesting balancing of interests that have federal, state and local interest at stake. 

Intellectual Property Rights and Creators

“American creators, publishers, and innovators should be protected from AI generated outputs that infringe their protected content, without undermining lawful innovation and free expression.” The policy asks the judiciary to set the rules on AI use of copyrighted materials, including whether training the model with copyrighted materials is fair use.  Congress should enable, but not require, “licensing frameworks or collective rights systems for rights holders to collectively negotiate compensation from AI providers, without incurring antitrust liability.” A key question is whether Congress can curb the unauthorized use of individuals’ likeness, while permitting satire, parody, news and other valid First Amendment protected speech.  Congress should also monitor the evolution of copyright to protect creators.  All these suggestions make sense, but the key question is whether Congress will choose to act or continue to defer to the White House going forward.

Free Speech

The President clearly identifies with the goal articulated here: “The federal government must defend free speech and First Amendment protections, while preventing AI systems from being used to silence or censor lawful political expression or dissent.” The focus is almost solely on political speech, urging Congress to prevent government coercion of AI providers for political speech, while enabling suits against the government for agency coercion of AI platforms.  No guidance was provided about how to balance free speech of creators with AI use of materials with protected speech such as copyright and trademarks.  No mention of how to deal with hate speech in any form, deception as protected speech, fraud and inducement through AI-generated scams, or other similar issues involving free speech and the limits that a just society can and should place upon such materials.

Innovation

The stated goal is: “The United States must lead the world in AI by removing barriers to innovation, accelerating deployment of AI applications across sectors, and ensuring broad access to the testing environments needed to build world-class AI systems.”  Congress can accomplish this by establishing regulatory sandboxes for AI developers, providing industry and academia access to federal data sets for training, and avoid creating federal regulatory authority in an agency, letting industry standards guide the sector.  It is not immediately clear how this framework will provide the type of certainty needed for national standards as contemplated in some of the other goals.  Nor is the industry mature and diverse enough to generate open source and related standards that will allow competition from small and medium enterprises against the tech behemoths building all the data centers and therefore controlling access to the data.  

AI-Ready Workforce

“American workers must benefit from AI-driven growth, not just the outputs of AI development, through youth development and skills training, the creation of new jobs in an AI-powered economy, and expanded opportunities across sectors.”  The policy calls on Congress to use non-regulatory methods to foster apprenticeships, training programs, etc.  the Feds should study “task-level workforce realignment” driven by AI to aid the workforce.  I am not sure about the workforce realignment as I am unaware of any national policy or other framework for helping people prepare for a different economy. I am sure that there is insufficient training, retraining, skills enhancement and related programs available in this country to truly enable the average person seeking work to have the skills necessary to get a job that pays a living wage to support a family. The policy would also foster programs at land grant universities.  It brings into focus the critical need to educate the workers of today to become valued and higher paid workers and creators of the next economy that is evolving.

Federal Pre-Emption of State Laws

“The federal government must establish a federal AI policy framework to protect American rights, support innovation, and prevent a fragmented patchwork of state regulations that would hinder our national competitiveness, while respecting federalism and State rights.”  Congress is asked to preempt state AI laws to reduce the regulatory burdens on AI industry participants. Such preemption should not address police powers, zoning laws, or state government use of AI.  However, states should not be permitted to regulate AI development, unduly burden lawful AI uses, nor punish AI companies for customers’ unlawful conduct on their platforms.  This approach reflects a familiar federal policy objective of establishing a uniform national standard for emerging technologies. At the same time, it echoes ongoing debates seen in the social media context, where large platforms have generally not been held liable for user conduct on their systems. As applied to AI, one issue to watch will be how policymakers balance reduced regulatory burdens with expectations around platform responsibility, particularly where AI systems play a more active role in generating or shaping content.

Conclusion

The National Policy Framework for Artificial Intelligence is best understood as a high-level legislative roadmap rather than a detailed regulatory proposal. It identifies many of the key issues shaping the integration of AI into economic, social, and political systems, while signaling the Administration’s policy priorities. As Congress considers these recommendations, the framework provides a useful reference point for understanding how a federal approach to AI governance may develop, including areas where further clarification or balancing of competing interests may be required.

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