Ensuring a National Policy Framework for Artificial Intelligence
United States · Regulation · The President of the United States
Our summary
This executive order establishes a national policy framework to promote United States leadership in AI by limiting state-level regulations. It directs the Attorney General to challenge state AI laws deemed inconsistent with federal policy, instructs the Commerce Secretary to evaluate and identify problematic state laws, and establishes mechanisms to condition federal funding on states' compliance with the federal framework. The order exempts certain state laws on child safety, data infrastructure, and state procurement from federal preemption.
Written by the Index in our own words. It is not legal advice; the official text is the authority.
Inside this policy
Every section of this policy in order. Our notes summarise each one in plain language and do not quote the official text, which is the authority.
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9 sections
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Section 1 Purpose. United States leadership in Artificial Intelligence (AI)
Establishes that AI leadership promotes national security and economic dominance, and that Federal action is needed to create a minimal national regulatory standard rather than 50 divergent state regimes that burden innovation. The framework should protect children, prevent censorship, respect copyrights, and safeguard communities while enabling US AI companies to compete without onerous regulation.
Section 2 Policy
The United States aims to preserve and strengthen its competitive advantage in artificial intelligence through a national policy framework that minimizes regulatory burden.
Section 3 AI Litigation Task Force. Within 30 days of the date of this order
Requires the Attorney General to establish a task force within 30 days whose purpose is to challenge state AI laws that conflict with the national policy, on grounds including unconstitutional regulation of interstate commerce, preemption by existing federal law, or other unlawfulness. The task force shall consult with specified advisors and officials regarding state laws warranting legal challenge.
Section 4 Evaluation of State AI Laws. Within 90 days of the date of this
Requires the Secretary of Commerce to publish an evaluation within 90 days identifying state AI laws that are onerous or conflict with national policy, including laws requiring alteration of truthful AI outputs or compelling disclosure that would violate the Constitution. The evaluation may also identify state laws that promote AI innovation.
Section 5 Restrictions on State Funding. (a) Within 90 days of the date of
The Secretary of Commerce must issue a policy notice within 90 days specifying when States qualify for remaining BEAD Program funds, providing that States with restrictive AI laws identified under section 4 cannot receive non-deployment funds to the extent permitted by Federal law, and explaining how fragmented State AI regulation threatens BEAD-funded infrastructure. Executive agencies must assess their discretionary grant programs and may condition grants on States either not enacting AI laws conflicting with this order or, if such laws exist, entering into binding agreements not to enforce them during the funding period.
Section 6 Federal Reporting and Disclosure Standard. Within 90 days of the
Section 7 Preemption of State Laws Mandating Deceptive Conduct in AI Models
Section 8 Legislation. (a) The Special Advisor for AI and Crypto and the
Section 9 General Provisions
This order does not curtail the authority or functions granted by law to any executive department, agency, or the Office of Management and Budget. Implementation follows applicable law and budget availability; the order creates no enforceable rights or benefits; and the Department of Commerce pays for publication costs.
Controls
What this policy requires, forbids, grants or penalises, one control at a time and in our own words. Each control links to the official text, which is the authority. This is not legal advice.
Drafted by the Index Drafted automatically from the official text, not yet reviewed by a person.Reviewed Checked by a person against the official text.
Themes covered 0 of 35
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Risk and scope 0 of 4
- Risk classification, not covered
- Prohibited practices, not covered
- Risk management system, not covered
- Impact assessment, not covered
Data and privacy 0 of 4
- Data governance and quality, not covered
- Data subject rights and consent, not covered
- Cross-border data transfer, not covered
- Copyright and training data, not covered
Transparency and records 0 of 4
- Transparency and disclosure to users, not covered
- Labelling of synthetic content, not covered
- Technical documentation, not covered
- Record keeping and logging, not covered
Technical safeguards 0 of 4
- Human oversight, not covered
- Accuracy, robustness and cybersecurity, not covered
- Bias and non-discrimination, not covered
- Testing and evaluation, not covered
Assurance and lifecycle 0 of 4
- Conformity assessment and certification, not covered
- Registration and notification, not covered
- Incident and breach reporting, not covered
- Post-market monitoring and corrective action, not covered
Rights and protected groups 0 of 4
- Automated decision-making rights, not covered
- Children and vulnerable groups, not covered
- Biometric identification and surveillance, not covered
- Whistleblowing, complaints and redress, not covered
Roles and organisation 0 of 6
- Supply chain and provider-deployer duties, not covered
- General purpose and foundation models, not covered
- Accountability and governance roles, not covered
- Training and AI literacy, not covered
- Public sector use and procurement, not covered
- Innovation support and sandboxes, not covered
Enforcement and sectors 0 of 5
- Enforcement, penalties and regulators, not covered
- Sector rules: health, not covered
- Sector rules: finance and insurance, not covered
- Sector rules: employment, not covered
- Sector rules: education, not covered
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Change history
No changes recorded since we began monitoring this policy.