ENSURING A NATIONAL POLICY FRAMEWORK FOR ARTIFICIAL INTELLIGENCE
Trilateral Commission member John Podesta, who worked in the Clinton White House, coined the idea of ruling “with a pen and a phone.” That approach was sharpened under the Obama years and, according to critics, has continued under President Trump, who has executed 221 executive orders in 323 days. The new executive action aims to centralize AI policy at the Federal level and promises to trigger fights over States’ rights and regulatory reach.
December 11, 2025
The order opens by declaring the need for American leadership in the development and deployment of artificial intelligence, arguing that such leadership will bolster national and economic security. It references Executive Order 14179 of January 23, 2025 (Removing Barriers to American Leadership in Artificial Intelligence) and says the current Administration moved quickly to remove what it called constraints on innovation. The document frames AI as a domestic priority and a global competition we must win.
Sec. 1 explains the purpose: to prevent a patchwork of 50 different State rules from hampering companies and startups that scale across state lines. The order points to risks such as laws that could force models to produce altered or false outputs, naming a Colorado law banning “algorithmic discrimination” as an example of rules that might compel changes to a model’s truthful outputs. It also warns that some State measures could have extraterritorial effects on interstate commerce.
Sec. 2 states the policy plainly: sustain and enhance U.S. global AI dominance via a minimally burdensome national framework. The Administration frames federal uniformity as necessary to protect children, prevent censorship, respect copyrights, and safeguard communities while encouraging investment. The order positions preemption of conflicting State law as part of that national strategy.
Sec. 3. AI Litigation Task Force. Within 30 days the Attorney General must form a Task Force charged with challenging State AI laws that conflict with the federal policy in Sec. 2. The Task Force is directed to consider constitutional commerce-clause arguments, preemption by federal regulations, or other legal grounds to seek invalidation. It will consult with White House advisors on AI, economic policy, and science and technology as it identifies targets.
Sec. 4 calls for an evaluation of State AI laws within 90 days by the Secretary of Commerce, consistent with 47 U.S.C. 902(b). That report is to flag onerous statutes and those that require altering truthful model outputs or that raise First Amendment concerns. The evaluation may also point out State measures that actually help innovation, leaving room for positive examples.
Sec. 5 ties federal funding to state compliance, directing the Commerce Department to issue a Policy Notice on conditions for remaining BEAD funds consistent with 47 U.S.C. 1702(e)-(f). States with the identified onerous AI laws could be ineligible for certain non-deployment funds, the order says, and agencies are asked to review discretionary grants for similar conditions. Agencies may require binding commitments from States not to enforce conflicting laws during the grant performance period.
Sec. 6 asks the FCC Chairman to consider a federal reporting and disclosure standard for AI models that would preempt conflicting State rules. Sec. 7 directs the FTC Chairman to issue a policy statement applying the Federal Trade Commission Act’s prohibition on unfair and deceptive acts under 15 U.S.C. 45 to AI models. That FTC guidance must explain when State mandates that force deceptive outputs are preempted by the federal prohibition.
Sec. 8 launches a legislative push: the Special Advisor for AI and Crypto together with the President’s science advisor must prepare a recommended law to establish a uniform Federal AI policy framework. The recommendation will avoid preempting certain lawful State measures on child safety, compute and data center infrastructure (with limited permitting exceptions), State procurement and use, and other specified topics. The goal is a single, Congress-backed standard rather than fifty different regimes.
Sec. 9 contains general provisions preserving agency authorities, the Director of OMB functions, and the requirement that the order be implemented consistent with law and available appropriations. It states the order does not create enforceable rights against the United States and that publication costs are to be borne by the Department of Commerce. The document is signed DONALD J. TRUMP and dated THE WHITE HOUSE, December 11, 2025.