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Regulatory map
North AmericaVerified 2026-09-01

AI regulation in United States

Voluntary frameworkNo legal duty. Adoption is a commercial and reputational choice rather than a compliance one.

No single federal AI law, and no federal preemption of state law. NIST's AI RMF is the voluntary national reference. Binding rules come from individual states, and that layer is unsettled rather than merely patchy — Colorado repealed and rewrote its AI Act in 2026, and a federal executive order now directs litigation against state AI laws.

The instrument

NIST AI Risk Management Framework

Administered by U.S. National Institute of Standards and Technology.

What it requires
  • No binding federal AI statute. Congress has not preempted state AI law, and previous attempts to do so have failed.
  • The NIST AI Risk Management Framework is voluntary. It is the de facto national reference and is what most US procurement language points at, but nothing makes it mandatory.
  • Binding obligations come from states, and the state picture is actively unsettled rather than merely fragmented — the leading example was repealed and rewritten in 2026.
  • Sector regulators (FTC, EEOC, financial and health regulators) apply existing law to AI, which is where most live enforcement risk actually sits.
Timeline
14 May 2026
Colorado repealed its original AI Act (SB 24-205) and replaced it with SB 26-189, dropping mandatory risk-management programmes, impact assessments and the standalone anti-discrimination duty.
1 Jan 2027
Colorado's replacement law takes effect — consumer notice for consequential automated decisions, adverse-outcome disclosure within 30 days, and three-year record retention. Enforcement depends on Attorney General rulemaking, currently subject to a court stay.
Enforcement

State attorneys general for state AI statutes; federal sector regulators under existing authority. A federal executive order has directed the Justice Department to challenge state AI laws and threatened federal broadband funding over them, so the preemption question is live and unresolved.

This page is a general orientation guide built from public sources, not legal advice, and it does not establish that any organisation complies with United States's requirements. AIC certifies governance against its own published standard; that is a different question from legal compliance, and neither substitutes for the other. Back to the map.