Executive Order No. 14365. Ensuring a National Policy Framework for Artificial Intelligence

• Executive Order No.: 14365
• Published date: 16 December 2025
• Citation: 90 FR 58499
• Date: 11 December 2025
• Section: Presidential Documents

Presidential Documents

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Executive Order 14365 of December 11, 2025

Ensuring a National Policy Framework for Artificial Intel-

ligence

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 impera-

tive. 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 commu-

nities 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.

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 pre-

empted 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

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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.

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 pro-

mote AI innovation consistent with the policy set forth in section 2 of

this order.

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) Pro-

gram 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 pro-

vide 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 discre-

tionary 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.

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 com-

merce.

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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 frame-

work 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 applica-

ble permitting reforms;

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

(iv) other topics as shall be determined.

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.

THE WHITE HOUSE,

December 11, 2025.

[FR Doc. 2025–23092

Filed 12–15–25; 11:15 am]

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