News
AI Regulation · Executive Order · Federal Preemption · State Authority
On December 11, President Trump signed an Executive Order titled "Ensuring a National Policy Framework for Artificial Intelligence," aiming to preempt state authority over AI governance and centralize oversight at the federal level, following failed legislative attempts earlier this year.
The EO asserts a policy to "sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework for AI," viewing fragmented state regulations as impediments to innovation. It establishes a DOJ AI Litigation Task Force by January 15, 2026, to challenge conflicting state laws and directs the Commerce Department to identify "onerous" state laws by March 16, 2026.
Federal agencies will also assess conditioning grant funds on states not enacting or enforcing conflicting AI laws. The FCC and FTC, in consultation with Special Advisor for AI and Crypto David Sacks, will explore federal reporting standards and clarify FTC Act application to AI, respectively, by March 16, 2026.
The EO also directs legislative recommendations for a federal AI framework, with carve-outs for child safety, infrastructure, and procurement. Legal and political challenges are expected, as states like Florida signal intent to continue their own AI policies, citing the EO's carve-outs and constitutional questions regarding executive overreach.
