Artificial Intelligence - United States

Congress has not passed a comprehensive AI law analogous to the EU AI Act. The 119th Congress has introduced numerous AI bills (AI Accountability Act, CREATE AI Act, READ AI Models Act, GAIN AI Act, American AI Leadership and Uniformity Act) but none have been enacted into comprehensive law as of May 2026.

The only AI-specific federal law enacted in the 119th Congress is the TAKE IT DOWN Act, signed May 19, 2025. It criminalises non-consensual publication of AI-generated intimate imagery (deepfakes), imposes a 48-hour takedown obligation on online platforms, and became fully enforceable against platforms on May 19, 2026.

On December 11, 2025, President Trump signed EO 14365, 'Ensuring a National Policy Framework for Artificial Intelligence,' directing the Attorney General to create an AI Litigation Task Force to challenge state AI laws, the Commerce Secretary to identify 'onerous' state laws and condition federal broadband funding on state compliance, and the FTC and FCC to develop federal AI disclosure standards that would pre-empt conflicting state rules.

On March 20, 2026, the White House released formal legislative recommendations to Congress for a uniform national AI framework covering child safety, consumer protection, intellectual property, free speech, innovation, and workforce readiness. The document calls for federal pre-emption of conflicting state AI laws, regulatory sandboxes, sector-specific agency enforcement, and avoidance of new AI-specific rulemaking bodies. It is non-binding guidance, not enacted law.

Numerous state AI laws (notably Texas's Responsible AI Governance Act and California's Transparency in Frontier AI Act) took effect January 1, 2026, creating a patchwork regulatory environment. The Trump Administration is actively challenging or seeking to pre-empt these through litigation, funding conditions, and its proposed federal framework, but no court has yet struck down a state AI law on these grounds.

The FY 2026 National Defense Authorization Act contains AI-specific provisions requiring the Department of Defense to establish a Department-wide AI governance and cybersecurity policy within 180 days, and to create a cross-functional team for standardised AI model assessment, testing, and approval frameworks — representing one of the most detailed sector-specific federal AI mandates in force.