Ensuring a National Policy Framework for Artificial Intelligence

Law & policy information

Name
Ensuring a National Policy Framework for Artificial Intelligence

Jurisdiction
United States — Federal

Instrument type
Executive order

Bill / legal citation
Executive Order 14365; 90 FR 58499

Legislative or adoption status
Signed December 11, 2025; directs further federal actions.

Effective dates
Deadlines measured from December 11, 2025, except the FCC trigger; see Requirements.

Last source verification
September 12, 2026 — original instrument and January 9 DOJ memorandum checked; not a certification of every later implementation step.

Overview

Executive Order 14365, titled Ensuring a National Policy Framework for Artificial Intelligence, was signed on December 11, 2025. It directs federal litigation, agency assessments, funding reviews and a legislative recommendation aimed at a nationally uniform approach to AI regulation. It was published on December 16, 2025, at 90 FR 58499.

Background

The order builds on Executive Order 14179. Its preamble argues that differing state rules increase compliance burdens, particularly for startups, and criticizes some state requirements concerning AI outputs and disclosures. These are the administration's stated reasons for its policy, not judicial findings that the targeted laws are invalid.

Requirements

Policy Statement

Section 2 states a policy of maintaining US global AI leadership through a minimally burdensome national framework.

DOJ AI Litigation Task Force

Section 3 directs the Attorney General to establish a task force within 30 days to challenge state AI laws inconsistent with that policy. Listed grounds include unconstitutional regulation of interstate commerce, preemption by existing federal regulations, and other grounds of unlawfulness in the Attorney General's judgment.

Commerce Department State-Law Assessment

Section 4 directs Commerce to publish an evaluation within 90 days identifying state AI laws it considers inconsistent with the policy and laws for potential referral to the task force. The evaluation must address certain output-alteration requirements and potentially unconstitutional disclosure or reporting requirements; it may also identify laws that promote innovation.

FTC AI Policy Statement

Section 7 directs the FTC chairman to issue a policy statement within 90 days on the FTC Act's unfair-or-deceptive-practices prohibition as applied to AI models, including the proposed preemption rationale concerning state-mandated alterations of truthful outputs. This provision is a direction to issue a statement, not proof that one was issued by the deadline.

FCC Proceeding

Section 6 directs the FCC chairman to initiate a proceeding on whether to adopt a federal AI-model reporting and disclosure standard that preempts conflicting state laws. Its deadline is 90 days after publication of the § 4 identification, rather than 90 days after the executive order itself.

Federal Funding Conditions

Section 5(a) directs a Commerce policy notice within 90 days concerning remaining BEAD funding, including ineligibility for non-deployment funds for states with identified laws, to the maximum extent federal law allows. Section 5(b) separately directs agencies to assess whether discretionary grants may be conditioned on states not enacting conflicting AI laws or agreeing not to enforce them during the grant performance period.

Carveouts for State Authority

Section 8 directs preparation of a legislative recommendation. Its proposed preemption must exclude otherwise lawful state laws concerning child safety; AI compute and data-center infrastructure, except generally applicable permitting reforms; state-government procurement and use of AI; and other topics to be determined. These limitations apply to the legislative recommendation described in § 8, rather than operating as a blanket exemption from every action directed elsewhere in the order.

Downstream Agency Actions

On January 9, 2026, the Attorney General issued a memorandum establishing the AI Litigation Task Force. The memorandum makes the Attorney General or a designee its chair and the Associate Attorney General its vice chair, with representatives from specified DOJ offices and the Civil Division.

The order's deadlines for Commerce and FTC documents must be distinguished from publication of the documents themselves. The original order establishes those obligations but does not establish subsequent completion.

Legal and Constitutional Analysis

The order directs litigation and further agency action and calls for legislation; it does not itself adjudicate the validity of an individual state statute. Section 9 preserves statutory agency authority, makes implementation subject to applicable law and available appropriations, and disclaims creation of a privately enforceable right or benefit.

Related articles

• Executive Order 14179
• America's AI Action Plan
• United States policy on catastrophic AI risk
• United States Federal Authorities

References

External Links

• Full executive order — White House
• Federal Register publication