Companies operating across multiple US jurisdictions should
closely monitor a forthcoming report from the US Department of
Commerce that is expected to shape the federal government's
approach to conflicts between state and federal artificial
intelligence (AI) regulation. The report, due by March 11, 2026,
will:
- identify state AI laws that the administration deems
inconsistent with federal policy and
- serve as the basis for potential federal enforcement,
litigation, and legislative proposals aimed at establishing a
national AI policy framework.
The report arises from a December 11, 2025, executive order
titled, “Ensuring a National Policy Framework for Artificial
Intelligence.” The order directs federal agencies to review
the expanding body of state AI regulation and determine whether
these laws create barriers to interstate commerce or conflict with
federal priorities related to technological development and
competitiveness. The Department of Commerce was
