Executive Order on AI State Law Preemption

Jurisdiction:

United States

enforcing

Effective:

Dec 11, 2025

Authority:

Executive Office of the President

Official text Verified Mar 27, 2026

Obligations Covered

Risk Assessment Transparency & Disclosure

Provisions (2)

DOJ AI Litigation Task Force #

Obligation:

Risk Assessment

enforcing

Effective:

Dec 11, 2025

Risk tier:

all

Scope:

providers, deployers

cross-domainhigh-impact

Does not create compliance obligations for AI companies. Instead, directs DOJ to form a task force to challenge state AI laws on preemption, interstate commerce, and First Amendment grounds. Directly threatens enforceability of state laws tracked in this reference (Colorado SB 24-205, Illinois HB 3773, California ADS regs, NYC LL144, and others). Carveouts preserve state authority on child safety, AI infrastructure, and government procurement.

Requirements

Requirement	Details
DOJ Task Force	Attorney General must form AI Litigation Task Force within 30 days to identify and challenge state AI laws inconsistent with federal policy
Preemption challenges	Task Force to bring legal challenges against state laws on federal preemption, interstate commerce, and constitutional grounds
Legislative recommendations	Agencies must develop recommendations for federal framework preempting conflicting state laws

Penalties

Violation	Fine
N/A	No penalties on AI companies. States face federal litigation and potential funding restrictions for non-aligned AI laws.

Commerce Evaluation of State AI Laws #

Obligation:

Transparency

enforcing

Effective:

Dec 11, 2025

Risk tier:

all

Scope:

providers, deployers

cross-domainhigh-impact

Directs the Secretary of Commerce to evaluate existing state AI laws within 90 days and identify those that conflict with federal objectives. The evaluation includes a BEAD Program policy notice making states with conflicting AI laws ineligible for broadband funding. Also directs FTC to issue a policy statement on how the FTC Act preempts state laws mandating alterations to truthful AI outputs. No direct obligations for AI developers — but the evaluation results will shape which state laws survive federal challenge.

Requirements

Requirement	Details
State law evaluation	Commerce must evaluate state AI statutes within 90 days and identify "onerous laws that conflict" with federal objectives
BEAD funding restriction	Commerce to issue policy notice making states with conflicting AI laws ineligible for broadband infrastructure funds
FTC preemption statement	FTC Chair to issue policy statement within 90 days on FTC Act preemption of state laws requiring AI output alterations

Penalties

Violation	Fine
N/A	No penalties on AI companies. States may lose federal funding eligibility for non-aligned AI regulations.