Ensuring a National Policy Framework for Artificial Intelligence
EO-NATAI · White House (Executive Office of the President)
This Executive Order, issued on December 11, 2025, directs federal agencies to establish a unified national AI policy and authorizes preemption of state AI laws that conflict with that policy. It applies to federal agencies, the Federal Trade Commission, and by extension any entity subject to state AI regulations that may be challenged under the order. Key requirements include a Commerce Department evaluation of state AI laws within 90 days, an FTC policy statement on unfair and deceptive AI practices within 90 days, and the creation of an AI Litigation Task Force.
Overview
The Executive Order establishes a federal policy framework intended to create a consistent, nationwide approach to AI governance by identifying and challenging state-level AI laws deemed to obstruct federal policy objectives. The Secretary of Commerce is directed to publish within 90 days a formal evaluation of existing and pending state AI laws, assessing their compatibility with the national framework. The Federal Trade Commission is separately mandated to issue a policy statement within 90 days addressing unfair and deceptive practices in the development and deployment of AI models. An AI Litigation Task Force is established to coordinate federal legal efforts to preempt or challenge conflicting state AI regulations. The order does not establish a new independent agency but relies on existing federal bodies to operationalize its mandates. Enterprises operating under state AI compliance regimes should monitor the Commerce Department evaluation and any subsequent federal preemption actions closely.
Key Requirements
- •The Secretary of Commerce must publish an evaluation of state AI laws within 90 days of the order (by approximately March 11, 2026).
- •The FTC must issue a policy statement on unfair and deceptive practices in AI models within 90 days of the order.
- •Federal agencies are directed to identify and challenge state AI laws that conflict with the national AI policy framework.
- •An AI Litigation Task Force is established to coordinate federal legal challenges to conflicting state AI regulations.
- •Federal agencies must align internal AI policies with the unified national framework as directed by the order.
- •No explicit financial penalties are established by the order itself; enforcement relies on federal preemption litigation and agency rulemaking authority.
Who It Affects
Effective Date
2025-12-11