[Federal Register Volume 90, Number 239 (Tuesday, December 16, 2025)]
[Presidential Documents]
[Pages 58499-58501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23092]
Presidential Documents
Federal Register / Vol. 90, No. 239 / Tuesday, December 16, 2025 /
Presidential Documents
[[Page 58499]]
Executive Order 14365 of December 11, 2025
Ensuring a National Policy Framework for
Artificial Intelligence
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.
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
[[Page 58500]]
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 promote 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) 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.
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.
[[Page 58501]]
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.
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.
(Presidential Sig.)
THE WHITE HOUSE,
December 11, 2025.
[FR Doc. 2025-23092
Filed 12-15-25; 11:15 am]
Billing code 3510-DT-P