Executive Order on Ensuring a National Policy Framework for Artificial Intelligence

Summary

Establishes a national policy to sustain United States leadership and global dominance in Artificial Intelligence (AI) by creating a "minimally burdensome" federal framework intended to replace a "patchwork" of conflicting state regulations

Directs the Attorney General to form an AI Litigation Task Force within 30 days to challenge state laws that unconstitutionally regulate interstate commerce or conflict with the national objective of AI supremacy,.

Mandates the Secretary of Commerce to conduct an evaluation of existing state AI laws within 90 days to identify "onerous" mandates that conflict with federal policy, specifically targeting those that require models to alter their truthful outputs or compel disclosures that violate the First Amendment.

Restricts state eligibility for remaining Broadband Equity Access and Deployment (BEAD) program funding, specifically making states with "onerous" AI laws ineligible for non-deployment funds.

Instructs executive agencies to assess discretionary grant program to determine if they can condition funding on states either not enacting conflicting AI laws or entering into binding agreements to not enforce existing ones during the performance period.

Requires the Federal Communications Commission to consider a Federal AI reporting and disclosure standard to preempt conflicting State laws.

Directs the Federal Trade Commission to issue a policy statement on preempting State laws that require deceptive modifications to AI outputs.

Mandates preparation of a legislative recommendation for a Federal AI policy framework, allowing certain State AI laws on topics like child safety to remain.

Directs the Administration to work with Congress to establish a national AI regulatory standard preventing restrictive state laws.

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. United States leadership in Artificial Intelligence (AI) will promote United States national and economic security and dominance across many domains. Pursuant to Executive Order 14179 of January 23, 2025 (Removing Barriers to American Leadership in Artificial Intelligence), I revoked my predecessor’s attempt to paralyze this industry and directed my Administration to remove barriers to United States AI leadership. My Administration has already done tremendous work to advance that objective, including by updating existing Federal regulatory frameworks to remove barriers to and encourage adoption of AI applications across sectors. These efforts have already delivered tremendous benefits to the American people and led to trillions of dollars of investments across the country. But we remain in the earliest days of this technological revolution and are in a race with adversaries for supremacy within it.

To win, United States AI companies must be free to innovate without cumbersome regulation. But excessive State regulation thwarts this imperative. First, State-by-State regulation by definition creates a patchwork of 50 different regulatory regimes that makes compliance more challenging, particularly for start-ups. Second, State laws are increasingly responsible for requiring entities to embed ideological bias within models. For example, a new Colorado law banning “algorithmic discrimination” may even force AI models to produce false results in order to avoid a “differential treatment or impact” on protected groups. Third, State laws sometimes impermissibly regulate beyond State borders, impinging on interstate commerce.

My Administration must act with the Congress to ensure that there is a minimally burdensome national standard — not 50 discordant State ones. The resulting framework must forbid State laws that conflict with the policy set forth in this order. That framework should also ensure that children are protected, censorship is prevented, copyrights are respected, and communities are safeguarded. A carefully crafted national framework can ensure that the United States wins the AI race, as we must.

Until such a national standard exists, however, it is imperative that my Administration takes action to check the most onerous and excessive laws emerging from the States that threaten to stymie innovation.

Directs the Attorney General to establish an AI Litigation Task Force (Task Force) to challenge state AI laws inconsistent with federal policy of US's Global AI dominance, on the grounds like unconstitutional regulation of interstate commerce and preemption by existing Federal regulations; and the Task Force to consult a list of relevant institutions as listed.

Sec. 2. Policy. It is the policy of the United States to sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework for AI.

Sec. 3. AI Litigation Task Force. Within 30 days of the date of this order, the Attorney General shall establish an AI Litigation Task Force (Task Force) whose sole responsibility shall be to challenge State AI laws inconsistent with the policy set forth in section 2 of this order, including on grounds that such laws unconstitutionally regulate interstate commerce, are preempted by existing Federal regulations, or are otherwise unlawful in the Attorney General’s judgment, including, if appropriate, those laws identified pursuant to section 4 of this order. The Task Force shall consult from time to time with the Special Advisor for AI and Crypto, the Assistant to the President for Science and Technology, the Assistant to the President for Economic Policy, and the Assistant to the President and Counsel to the President regarding the emergence of specific State AI laws that warrant challenge.

Requires the Secretary of Commerce, in consultation with relevant federal agencies, to evaluate existing State AI laws to identify those that conflict with federal AI policy, including laws that compel altered AI outputs or unconstitutional disclosure requirements violating the First Amendment, and to refer such laws to the federal task force.

Sec. 4. Evaluation of State AI Laws. Within 90 days of the date of this order, the Secretary of Commerce, consistent with the Secretary’s authorities under 47 U.S.C. 902(b), shall, in consultation with the Special Advisor for AI and Crypto, the Assistant to the President for Economic Policy, the Assistant to the President for Science and Technology, and the Assistant to the President and Counsel to the President, publish an evaluation of existing State AI laws that identifies onerous laws that conflict with the policy set forth in section 2 of this order, as well as laws that should be referred to the Task Force established pursuant to section 3 of this order. That evaluation of State AI laws shall, at a minimum, identify laws that require AI models to alter their truthful outputs, or that may compel AI developers or deployers to disclose or report information in a manner that would violate the First Amendment or any other provision of the Constitution. The evaluation may additionally identify State laws that promote AI innovation consistent with the policy set forth in section 2 of this order.

Requires the Secretary of Commerce to issue a Policy Notice specifying conditions to receive Broadband Equity Access and Deployment (BEAD) funds for States with onerous AI laws, and the impact of fragmented State regulation landscape on BEAD's mission; directs federal agencies to evaluate State AI laws and impose funding restrictions or binding non-enforcement agreements accordingly.

Sec. 5. Restrictions on State Funding. (a) Within 90 days of the date of this order, the Secretary of Commerce, through the Assistant Secretary of Commerce for Communications and Information, shall issue a Policy Notice specifying the conditions under which States may be eligible for remaining funding under the Broadband Equity Access and Deployment (BEAD) Program that was saved through my Administration’s “Benefit of the Bargain” reforms, consistent with 47 U.S.C. 1702(e)-(f). That Policy Notice must provide that States with onerous AI laws identified pursuant to section 4 of this order are ineligible for non-deployment funds, to the maximum extent allowed by Federal law. The Policy Notice must also describe how a fragmented State regulatory landscape for AI threatens to undermine BEAD-funded deployments, the growth of AI applications reliant on high-speed networks, and BEAD’s mission of delivering universal, high-speed connectivity.

(b) Executive departments and agencies (agencies) shall assess their discretionary grant programs in consultation with the Special Advisor for AI and Crypto and determine whether agencies may condition such grants on States either not enacting an AI law that conflicts with the policy of this order, including any AI law identified pursuant to section 4 or challenged pursuant to section 3 of this order, or, for those States that have enacted such laws, on those States entering into a binding agreement with the relevant agency not to enforce any such laws during the performance period in which it receives the discretionary funding.

Directs the Federal Communications Commission to consider a Federal AI reporting standard preempting State laws, and Federal Trade Commission to develop policy standards clarifying conditions to preempt State laws requiring 'truth alteration' in AI model outputs.

Sec. 6. Federal Reporting and Disclosure Standard. Within 90 days of the publication of the identification specified in section 4 of this order, the Chairman of the Federal Communications Commission shall, in consultation with the Special Advisor for AI and Crypto, initiate a proceeding to determine whether to adopt a Federal reporting and disclosure standard for AI models that preempts conflicting State laws.

Sec. 7. Preemption of State Laws Mandating Deceptive Conduct in AI Models. Within 90 days of the date of this order, the Chairman of the Federal Trade Commission shall, in consultation with the Special Advisor for AI and Crypto, issue a policy statement on the application of the Federal Trade Commission Act’s prohibition on unfair and deceptive acts or practices under 15 U.S.C. 45 to AI models. That policy statement must explain the circumstances under which State laws that require alterations to the truthful outputs of AI models are preempted by the Federal Trade Commission Act’s prohibition on engaging in deceptive acts or practices affecting commerce.

Requires Special Advisor for AI and Crypto and the Assistant to the President for Science and Technology to jointly develop a federal legislative recommendation to establish a uniform AI policy, excluding certain state AI laws from preemption.

Sec. 8. Legislation. (a) The Special Advisor for AI and Crypto and the Assistant to the President for Science and Technology shall jointly prepare a legislative recommendation establishing a uniform Federal policy framework for AI that preempts State AI laws that conflict with the policy set forth in this order.

(b) The legislative recommendation called for in subsection (a) of this section shall not propose preempting otherwise lawful State AI laws relating to:

(i) child safety protections;

(ii) AI compute and data center infrastructure, other than generally applicable permitting reforms;

(iii) State government procurement and use of AI; and

(iv) other topics as shall be determined.

Segment 7

Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The costs for publication of this order shall be borne by the Department of Commerce.

DONALD J. TRUMP

THE WHITE HOUSE,

December 11, 2025.