Marsha Blackburn releases first federal AI bill draft to codify Trump's AI executive order

Marsha Blackburn Takes First Step Toward Federal AI Framework

Sen. Marsha Blackburn (R-Tenn.) has released a 300-page discussion draft of what she calls the TRUMP AMERICA AI Act, marking the first legislative attempt to establish a federal AI framework following President Donald Trump's December executive order 1

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. The Tennessee senator, currently running for governor, aims to create what she describes as "one federal rulebook for AI" to address concerns around children, creators, conservatives, and communities 2

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. This represents a significant moment as lawmakers on Capitol Hill compete to shape the administration's AI policy direction and establish unified standards that would preempt the growing patchwork of state AI laws.

Duty of Care for AI Developers and Copyright Protections

At the heart of Blackburn's proposal lies a duty of care for AI developers that would require them to take reasonable steps to prevent and mitigate foreseeable harm during the design, development, and operation of AI platforms 1

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. The draft also tackles one of the industry's most contentious issues: AI model training using copyrighted materials. The legislation explicitly states that unauthorized reproduction, copying, or processing of copyrighted works for training, fine-tuning, developing, or creating AI does not constitute fair use under the Copyright Act 3

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. This provision directly addresses copyright infringement concerns raised by artists and rightsholders in dozens of ongoing lawsuits against AI companies.

Sunsetting Section 230 and Political Bias Provisions

Perhaps the most controversial element involves sunsetting Section 230 of the Communications Decency Act, which currently shields platforms from liability for user-generated content 2

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. This represents a step further from earlier versions that merely called for reforms. The draft also requires third-party audits to prevent discrimination based on political affiliation, addressing what conservatives claim is political bias in AI systems 3

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. It would codify Trump's executive order barring what he termed "woke" AI from federal government use, limiting agency heads to acquiring only large language models deemed "truthful" and free from ideological biases.

Building Bipartisan Support Through Existing Proposals

Blackburn has strategically incorporated provisions from bills with bipartisan backing, including her Kids Online Safety Act and the NO FAKES Act, which she co-sponsored with Sen. Chris Coons (D-Del.) 2

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. The draft includes chatbot safety provisions aimed at protecting users from potential harms. A source familiar with discussions indicated that Blackburn has been working with the White House on the draft and understands it will require ongoing negotiation as Congress and the administration work toward agreement 2

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What Comes Next for AI Legislation

The path forward remains uncertain. Senate Commerce Chair Ted Cruz (R-Texas) will need to support any plan for it to advance, while Rep. Jay Obernolte (R-Calif.) has been working on parallel federal AI legislation in the House 2

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. Lawmakers will likely spend considerable time negotiating over the eventual result, which may look notably different from this initial version. The discussion draft's stance on AI safety, censorship concerns, and its aim to ensure America maintains AI dominance over foreign adversaries will all face scrutiny. For the AI industry, creators, and platforms alike, the coming months will determine whether this ambitious attempt at a unified federal AI framework can survive the legislative process or become significantly weakened through compromise.