On 11 December 2025, the President of the United States adopted an Executive Order entitled “Ensuring a National Policy Framework for Artificial Intelligence”, marking a significant shift in the federal governance of artificial intelligence in the United States.
The Executive Order sets out a clear political and legal objective: to preserve U.S. global leadership in artificial intelligence through a minimally burdensome national policy framework, while expressly opposing the proliferation of fragmented and restrictive State-level AI regulations.
Beyond its policy orientation, the Executive Order establishes concrete legal mechanisms for regulatory coordination, enforcement and federal primacy, with material implications for developers, deployers and users of AI systems operating across the United States.
For access to the full text of the Executive Order, readers are invited to consult the link provided at the end of this article.
Section 2 of the Executive Order expressly states that 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.”
Artificial intelligence is addressed not merely as a technological matter, but as an issue of national and economic security, firmly placing AI regulation within a context of global strategic competition.
The Executive Order identifies as a central risk the proliferation of State-level AI legislation, which is described as creating a fragmented regulatory environment, increasing compliance burdens—particularly for start-ups—and, in certain cases, regulating beyond State borders in a manner detrimental to interstate commerce.
The text thus clearly affirms the objective of establishing a unified federal framework, intended to prevail over inconsistent State laws and to ensure regulatory coherence throughout the United States.
To give effect to this unification strategy, the Executive Order provides for several complementary enforcement mechanisms.
First, Section 3 mandates the creation, within thirty days, of an AI Litigation Task Force under the authority of the Attorney General. The Task Force is tasked with challenging State AI laws deemed inconsistent with federal policy, including on grounds related to interstate commerce, the First Amendment, federal supremacy principles, or any other legal basis deemed appropriate.
Second, Section 4 requires the Secretary of Commerce to publish, within ninety days, a comprehensive evaluation of existing State AI laws, identifying those that are unduly burdensome, inconsistent with federal policy, or that compel AI systems to alter truthful outputs or disclose information in a manner that may infringe constitutional protections.
Third, the Executive Order introduces a significant economic lever. Pursuant to Section 5, States identified as having enacted overly burdensome AI laws may become ineligible for certain federal funding, notably under the Broadband Equity, Access, and Deployment (BEAD) Program. Federal agencies are also authorised to condition discretionary grants on a State’s commitment not to enact or enforce AI legislation conflicting with the federal framework.
Beyond litigation and funding mechanisms, the Executive Order anticipates the development of substantive federal standards.
Under Section 6, the Federal Communications Commission (FCC) is invited to consider the adoption of federal reporting and disclosure standards applicable to AI models, expressly designed to supersede competing State-level requirements.
In parallel, Section 7 directs the Federal Trade Commission (FTC) to clarify the application of the prohibition of unfair or deceptive acts or practices, as set out in the Federal Trade Commission Act, to AI systems. This includes identifying circumstances in which State laws requiring the alteration of truthful AI outputs could themselves be viewed as facilitating deceptive practices affecting commerce.
Finally, Section 8 provides for the formulation of legislative recommendations to Congress aimed at establishing a uniform federal AI regulatory framework, while expressly excluding certain sensitive areas—such as child protection, State procurement of AI systems, and AI infrastructure permitting—from automatic federal unification.
Conclusion
This Executive Order constitutes a clear assertion of federal authority over the regulation of artificial intelligence in the United States, combining litigation tools, regulatory coordination and financial incentives to curb State-level divergence.
While it does not, in itself, create directly enforceable private rights, it nonetheless conveys an unequivocal message: AI governance in the United States is intended to be federal, innovation-friendly, and strategically aligned with global competitive dynamics.
This article is provided for general informational purposes only and does not constitute legal advice under U.S. law.
For any specific questions relating to United States law, readers are advised to consult a qualified attorney licensed to practise in the relevant U.S. jurisdiction.
