“Ensuring a National Policy Framework for Artificial Intelligence”

• The Core Problem

  • The administration argues that a "patchwork" of 50 different state regulatory regimes thwarts U.S. AI innovation and supremacy.
  • It specifically targets state laws that allegedly embed "ideological bias" or force AI models to produce "false results" to avoid "differential impact" on protected groups (citing a Colorado law as an example).
  • Asserts that some state laws unconstitutionally regulate beyond their borders and impinge on interstate commerce.

• The Solution: A National Standard

  • Establishes a policy of sustaining global AI dominance through a minimally burdensome national framework.
  • Directs the administration to work with Congress on legislation that preempts (overrides) conflicting state AI laws.
  • This national standard would still aim to protect children, prevent censorship, and respect copyrights.

• Immediate Enforcement Actions

  • AI Litigation Task Force: The Attorney General must create a task force within 30 days to sue states over AI laws that are inconsistent with federal policy or unconstitutionally regulate interstate commerce.
  • Evaluation of State Laws: The Secretary of Commerce has 90 days to publish a list of "onerous" state laws, specifically those requiring AI to alter "truthful outputs" or violating the First Amendment.

• Financial Leverage over States

  • Broadband Funding (BEAD): States with "onerous" AI laws may be declared ineligible for certain broadband expansion funds.
  • Discretionary Grants: Federal agencies are directed to consider conditioning grants on states agreeing not to enact or enforce conflicting AI regulations.

• Regulatory Preemption

  • FCC: Will investigate adopting a federal reporting standard for AI models to preempt state-level disclosure rules.
  • FTC: Will issue a policy statement explaining how federal law against "deceptive acts" can preempt state laws that force AI models to provide untruthful or altered outputs.

• What is NOT Preempted

  • The proposed federal framework would not override state laws regarding: