Privacy & Information Security Law Blog

On December 11, 2025, President Trump signed an Executive Order on “Ensuring A National Policy Framework for Artificial Intelligence” (the “Order”). This follows Executive Order 14179 issued on January 23, 2025, under the Trump Administration on the topic of AI leadership (“Removing Barriers to American Leadership in Artificial Intelligence”). Key provisions in the Order are highlighted below.

The Order directs the Attorney General to establish an AI Litigation Task Force (the “Task Force”) within 30 days. The Task Force will be dedicated exclusively to challenging state-level AI regulations that conflict with the federal policy set forth in Section 2 of the Order, which outlines a commitment to maintaining and strengthening global leadership in AI through a “minimally burdensome national policy framework for AI.”

The Order further instructs the Secretary of Commerce to publish, within 90 days, an evaluation of current state AI laws. This evaluation will include any state laws that the Secretary finds conflict with the policy goals outlined in Section 2 of the Order and identify laws that will be referred to the Task Force. The evaluation may also highlight state laws that align with the Order’s policy objectives.

The Order introduces additional restrictions on state eligibility for federal funding through the Broadband Equity Access and Deployment (“BEAD”) Program. Within 90 days, the Secretary of Commerce is required to release a Policy Notice specifying the criteria under which states may be excluded from accessing remaining BEAD funds. Notably, the Order instructs that any state with AI laws identified in the Secretary’s evaluation as conflicting with the Order’s policy goals will be ineligible for non-deployment BEAD funds to the maximum extent allowed by federal law.

Finally, the Order directs the Special Advisor for AI and Crypto, together with the Assistant to the President for Science and Technology, to develop legislation to create a uniform federal policy for AI. The Order states that this framework would override any state AI laws that conflict with the policies outlined in the Order.