Commerce Department Evaluation of State AI Laws
DOC-SAIL · United States Department of Commerce
The US Department of Commerce is required, within 90 days of the December 11, 2025 Executive Order on National AI policy, to publish an evaluation identifying state AI laws that conflict with federal policy objectives. The evaluation focuses on state laws that compel AI systems to alter truthful outputs or mandate disclosures that may implicate First Amendment protections. Laws identified in the evaluation may be referred to the AI Litigation Task Force for potential federal preemption action.
Overview
Pursuant to a December 11, 2025 Executive Order on National AI policy, the Secretary of Commerce must produce a formal written evaluation by approximately March 11, 2026, cataloguing state-level AI statutes and regulations that are deemed inconsistent with federal AI governance priorities. The evaluation specifically targets two categories of state law: those requiring AI developers or deployers to modify or suppress otherwise truthful AI-generated outputs, and those imposing disclosure obligations that may conflict with First Amendment speech protections. Upon publication, the evaluation serves as a referral mechanism to the AI Litigation Task Force, a federal body authorized to coordinate or initiate legal challenges against conflicting state laws. The evaluation does not itself carry direct preemptive legal force but signals which state laws the federal government may actively contest. Enterprises operating across multiple US states face potential uncertainty as state compliance obligations may be challenged or voided following referral. The scope of laws under review includes both enacted statutes and pending state legislation identified as posing conflicts with national AI policy.
Key Requirements
- •Secretary of Commerce must publish the state AI law evaluation within 90 days of December 11, 2025 (deadline approximately March 11, 2026)
- •Evaluation must identify state laws requiring AI systems to alter or suppress truthful outputs
- •Evaluation must identify state disclosure mandates potentially in conflict with First Amendment protections
- •Identified laws must be referred to the AI Litigation Task Force for potential legal challenge or preemption action
- •Enterprises subject to conflicting state AI laws should monitor the published evaluation for direct impact on their compliance obligations
- •No direct financial penalties attach to this evaluation instrument itself; compliance risk arises from downstream preemption litigation affecting state-law obligations
Who It Affects
Effective Date
2026-03-11