The Framework's specific statutory language remains unpublished. The extent to which Congress will engage with the proposal, and whether the administration will release the full text for public comment, is unclear. Constitutional questions also remain unresolved—particularly whether the Framework's distinction between AI development (federally regulated) and AI use (state-regulated) survives scrutiny under the major questions doctrine.
Attorneys should monitor this closely. The Framework directly challenges the emerging patchwork of state AI laws in California, New York, and elsewhere. If Congress acts on these recommendations, litigation over preemption will be inevitable, with Article III standing issues and federalism questions likely to reach appellate courts. For in-house counsel at AI developers, the outcome will determine whether compliance means navigating fifty state regimes or a single federal standard. For state attorneys general, the Framework signals federal intent to curtail regulatory authority they have already begun to exercise.