On March 20, 2026, the White House released its National Policy Framework for Artificial Intelligence (“Framework”), outlining legislative recommendations for Congress to establish a unified federal approach to AI regulation. The Framework builds on prior executive actions, including the December 2025 Executive Order (the “Executive Order”) and the Trump administration’s “America’s AI Action Plan,” and it proposes that Congress adopt legislation broadly preempting state AI laws deemed to impose “undue burdens.” This alert summarizes the Framework’s key provisions, analyzes their potential impact on state laws, and highlights considerations for healthcare and life sciences stakeholders navigating the evolving regulatory landscape. While the Framework does not itself change the current legal status of the Executive Order, it signals increased policy focus and may prompt further agency action.
Executive Order and Prior Federal Efforts
Congress has repeatedly declined to enact comprehensive federal preemption of state AI laws, including rejecting such an approach in the One Big Beautiful Bill Act and the National Defense Authorization Act. States have continued to enact and enforce a wide range of AI-related laws, from statutes imposing algorithmic accountability (e.g., Colorado, California, Texas, Utah) to privacy laws and sector-specific requirements, thereby creating what the administration asserts is “a patchwork of 50 different regulatory regimes” that makes compliance more challenging.
In response, the Executive Order asserted broad federal authority to preempt state AI laws and established an “AI Litigation Task Force” to challenge state laws on constitutional grounds, including preemption and the Dormant Commerce Clause. The Executive Order also directed federal agencies to issue policy statements, initiate proceedings to clarify federal preemption under existing laws (e.g., Section 5 of the FTC Act), and condition federal funding on state compliance with federal AI policy. The Framework goes beyond just providing a standard under which to assert preemption; it sets forth a comprehensive vision for a federal regulatory standard governing AI and its relationship to state authorities, addressing issues ranging from child protection and community safeguards to intellectual property, free speech, innovation, and workforce development. The Framework aims to establish not only a unified national standard, but also a broad set of principles and requirements for the development and deployment of AI across sectors.
Read the full alert on Ropes & Gray’s Website, here.