On December 11, the White House issued a new executive order (EO) to create a uniform national framework for artificial intelligence (AI). The EO, Ensuring a National Policy Framework for Artificial Intelligence, seeks to centralize AI governance at the federal level and allow companies more flexibility.

The Trump Administration states that state-by-state regulation would create a “patchwork of 50 different regulatory regimes that makes compliance more challenging, particularly for start-ups.”

While the Executive Order does not mention education or workforce applications of AI, the components could impact how states address these issues. The core components of the EO include:

• A Federal AI Litigation Taskforce: The taskforce will identify and challenge state AI laws that conflict with the desired federal policy direction.
• Evaluating State AI Laws: Within 90 days, the Secretary of Commerce must evaluate existing state AI laws and identify those deemed onerous or inconsistent with the federal stance.
• Restrictions on State Funding: Within 90 days, the Secretary of Commerce will also issue a policy notice tying eligibility for remaining Broadband Equity Access and Deployment (BEAD) funds to whether a state’s AI laws conflict with the federal policy. Other agencies shall also review grants to determine if they can condition funding on State AI policies.
• Federal Reporting and Disclosure Standards: The Federal Communications Commission (FCC) will be tasked with initiating proceedings to determine whether to establish a national reporting and disclosure standard for AI models.
• FTC Preemption of Deceptive AI Laws: The Federal Trade Commission (FTC) must issue guidance clarifying that state laws requiring AI models to alter “truthful outputs” are preempted under the FTC’s authority to prohibit deceptive acts and practices.
• Legislative Recommendations: The EO calls for federal recommendations to Congress for creating a formal statutory AI policy framework that would preempt conflicting state laws.

ACTE will continue to monitor the implementation of the EO and will inform our members will relevant updates. If you have any questions, please contact ACTE’s Government Relations Manager, Jimmy Koch (jkoch@acteonline.org).