U.S. AI regulation since 2023: executive orders, a March 2026 federal policy framework and an active patchwork of state laws, but no comprehensive national statute

Introduction to AI Regulation in the US

Three years ago, the United States embarked on a journey to define the governance of artificial intelligence. The expectations were high, with promises of accountability, transparency, and safety. However, the reality of what has been achieved is more complex.

Federal Actions and Changes

At the federal level, significant claims have been made, particularly during the Biden administration. An executive order in October 2023 was hailed as a landmark step, establishing safety reporting requirements and directing agencies to develop sector-specific guidance. However, it did not create binding law. The Trump administration, upon taking office in January 2025, quickly dismantled much of this framework, issuing its own executive order to remove perceived regulatory obstacles to AI development.

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By December 2025, the Trump administration issued another executive order targeting state AI laws, arguing for a coherent national policy. On March 20, 2026, the administration released a National AI Policy Framework, recommending federal preemption of state AI laws and calling for a single national standard.

Federal agencies are relying on existing statutes to police AI-related conduct, whereas states are moving aggressively to enact AI laws.

State-Level Legislation

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In the absence of comprehensive federal legislation, states have taken the lead in regulating AI. Over forty states have proposed or enacted AI-related legislation, creating a 'complex and evolving patchwork.' California and New York have been at the forefront, with New York adopting a transparency law in December 2025 that mirrors California's requirements.

Debate Over Federal Framework

Supporters of the federal approach argue that the March 2026 National Policy Framework is a step forward, promoting innovation while establishing necessary guardrails. However, critics argue that the framework is more aspirational than operational, lacking immediate legal force to override state laws. Legal challenges are anticipated, and a key federal AI accountability bill introduced in May 2023 remains stalled.

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The Foundation for American Innovation called the framework a meaningful step forward, noting a consensus around the principle of no federal preemption without federal standards to replace what is preempted.

Future Outlook and Challenges

The International AI Safety Report 2026 highlights the urgency of the debate, projecting sustained AI capability growth through 2030 with substantial uncertainty about associated risks. This underscores the inadequacy of the current regulatory posture. While there has been significant regulatory activity since 2023, a comprehensive federal law remains elusive. The gap between regulatory activity and a durable legal framework is a central issue, raising questions about whether this represents prudent restraint or a governance failure.