This executive order announces a policy to sustain and enhance the United States’ global AI dominance through a minimally burdensome national policy framework for AI. To that end, it seeks to remove state regulations that are perceived to thwart the AI policies of the federal government, including, but not limited to, state laws that imbed ideological bias within AI models; regulate beyond state borders; and create a patchwork of regulatory regimes that make compliance with them difficult. The order directs the attorney general to establish an AI litigation task force whose sole responsibility shall be to a challenge state AI laws inconsistent with this policy. The task force is directed to challenge such state AI laws on the grounds that they unconstitutionally regulate interstate commerce, are preempted by existing federal regulations or are otherwise unlawful. It also directs the secretary of commerce, in consultation with specified assistants to the president, to identify existing state AI laws that conflict with this policy.
The executive order also directs the assistant secretary of commerce for communications and information to issue a policy notice specifying the conditions upon which states may be eligible for remaining funding under the Broadband Equity Access and Deployment (BEAD) program, including making provision that states with onerous AI laws are ineligible for certain funds under BEAD. The order also directs executive departments and agencies to assess discretionary grant programs to determine whether agencies may condition grants upon states not enacting AI laws or conditioning the grants to states that have already enacted AI laws upon the states agreeing to not enforce laws that conflict with the national AI policy.