White House Issues AI Policy Framework

On December 11, 2025, the Trump administration issued an Executive Order regarding development of a national framework for AI regulation while seeking to stop states from adopting AI legislation that would conflict with the Administration’s objectives.  In particular, the Executive Order provides the United States’ official policy on AI, which is “to sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework for AI” (the “Policy”). This Policy will be advanced through two primary objectives of the Executive Order. 

First, through the creation of the AI Litigation Task Force, which has the single responsibility of challenging laws at the state level regulating AI in a manner inconsistent with the Policy.  Examples of laws that would be in conflict with the Administration’s policy include laws that that “require AI models to alter their truthful outputs, or that may compel AI developers or deployers to disclose or report information in a manner that would violate the First Amendment or any other provision of the Constitution.”

Second, the Order provides that the Special Advisor for AI and Crypto and the assistant to the President for Science and Technology shall jointly prepare a recommendation for federal legislation consistent with the Policy and that specifically preempts state laws inconsistent with the Policy.  Notably, the legislative recommendation is specifically directed to not preempt state AI laws that relate to (i) child safety precautions, (ii) AI compute and data center infrastructure, other than permitting reforms, and (iii) state government procurement of AI, as well as other to be determined topics. In the interim before any federal legislation, the Order will attempt to halt state AI laws that conflict with the Policy through restriction of federal funding and FTC enforcement.

Overall, the Executive Order is light on details and specific standards surrounding the Policy, and with states taking up AI legislation, there will almost certainly be clashes over whether state laws are preempted by an future federal legislation. While the Executive Order directs federal legislation to include broad preemption over state law with the carve out for children’s safety, we may still have a patchwork of laws related to protection of children and AI use. The Executive Order can be read here: https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/.