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US executive order moves against state AI laws

Executive Order 14365 of 11 December 2025 creates a Justice Department task force to challenge state AI laws, asks Commerce to list 'onerous' ones and links some federal broadband funds to the outcome. It asks for a federal framework that would preempt state rules, with carve-outs including state use of AI.

Polity Atlas editorsPublished 11 Dec 2025
Original sourceThe White HouseRead at The White House ↗

What happened. President Trump signed Executive Order 14365, 'Ensuring a National Policy Framework for Artificial Intelligence'. It calls for 'a minimally burdensome national standard — not 50 discordant State ones'.

Main provisions.

  • The Attorney General must set up, within 30 days, an AI Litigation Task Force whose sole responsibility is to challenge state AI laws inconsistent with the order's policy.
  • Within 90 days the Secretary of Commerce must publish an evaluation identifying onerous state AI laws, at a minimum those that require models to 'alter their truthful outputs', and refer some to the task force.
  • States with laws so identified are to be ineligible for non-deployment funds under the BEAD broadband programme to the extent federal law allows, and agencies must consider conditioning discretionary grants.
  • The Federal Communications Commission must consider a federal reporting and disclosure standard that would preempt conflicting state laws, and the Federal Trade Commission must explain when state laws requiring changes to truthful outputs are preempted by the ban on deceptive practices.
  • White House advisers must draft a legislative proposal for a uniform federal framework, which should not preempt otherwise lawful state laws on child safety, AI compute and data-centre infrastructure, or state procurement and use of AI.

Context. On 1 July 2025 the US Senate voted 99-1 to remove a proposed moratorium on state AI laws from the budget reconciliation bill (Nextgov). States had continued to legislate, including California's SB 53 on frontier developers and Colorado's law on algorithmic discrimination. An executive order cannot itself preempt state law; that requires an act of Congress or valid federal regulation, so much depends on litigation and on Congress.

Why it matters. The order is a federalism contest over who governs AI. It uses funding conditions and litigation rather than legislation, and it explicitly leaves states in charge of how their own governments buy and use AI.

What to watch. The Commerce list and which laws it names; the first task-force lawsuits and how courts treat the funding conditions; FCC and FTC proceedings; and whether Congress takes up a preemptive framework.