Ensuring a National Policy Framework for Artificial Intelligence: A Balancing Act
The Race for AI Supremacy
In the fast-paced world of artificial intelligence, the United States finds itself at a critical juncture. As the nation's leader, it is my duty to ensure that we not only keep pace with technological advancements but also set the standard for responsible innovation. The recent Executive Order 14179, issued on January 23, 2025, marks a significant step towards this goal, aiming to foster American leadership in AI while addressing the challenges it presents.
The Challenge of State Regulation
One of the key obstacles to achieving this vision is the patchwork of state regulations that can hinder innovation. Each state's unique approach to AI governance creates a complex compliance landscape, particularly for startups navigating the industry. Moreover, state laws may inadvertently introduce ideological biases into AI models, as seen in Colorado's recent legislation banning 'algorithmic discrimination'. This not only complicates the development process but also raises concerns about the potential for false results, as AI models may be forced to alter their outputs to avoid adverse impacts on protected groups.
The Need for a Unified Framework
To address these challenges, my administration is taking a proactive approach. We are working closely with Congress to establish a national policy framework that minimizes the burden of regulation while ensuring the protection of children, preventing censorship, respecting copyrights, and safeguarding communities. This framework aims to create a level playing field for AI companies, allowing them to innovate freely without the fear of excessive state intervention.
Taking Action: The AI Litigation Task Force
To support this effort, we have established the AI Litigation Task Force, tasked with challenging state AI laws that conflict with our national policy. This team will work closely with the Special Advisor for AI and Crypto, the Assistant to the President for Science and Technology, the Assistant to the President for Economic Policy, and the Assistant to the President and Counsel to the President to identify and address state laws that threaten innovation. The Task Force will also consult with the Attorney General to ensure that these laws are challenged on constitutional grounds, such as unconstitutional regulation of interstate commerce or preempted by existing federal regulations.
Evaluating State AI Laws
Additionally, the Secretary of Commerce will publish an evaluation of existing state AI laws within 90 days. This assessment will identify laws that impose excessive burdens on AI developers and conflict with our national policy. It will also highlight laws that promote innovation while ensuring the protection of children, preventing censorship, respecting copyrights, and safeguarding communities. The evaluation will be a crucial tool in guiding our efforts to create a unified framework.
Funding and Disclosure Standards
To further support our goals, we are implementing restrictions on state funding for broadband programs. States with onerous AI laws will be ineligible for non-deployment funds, as specified in the Policy Notice issued by the Secretary of Commerce. This will help ensure that federal funding is directed towards states that prioritize responsible AI innovation. We are also working with executive departments and agencies to assess their discretionary grant programs and determine whether they can condition grants on states not enacting conflicting AI laws or entering into binding agreements not to enforce such laws.
Federal Reporting and Disclosure Standard
To promote transparency and accountability, we are initiating a proceeding to adopt a federal reporting and disclosure standard for AI models. This standard will preempt conflicting state laws and ensure that AI developers and deployers provide accurate and truthful information. The Chairman of the Federal Communications Commission will work closely with the Special Advisor for AI and Crypto to establish this standard.
Preemption of Deceptive Conduct
Furthermore, we are issuing a policy statement on the application of the Federal Trade Commission Act's prohibition on unfair and deceptive acts or practices to AI models. This statement will explain the circumstances under which state laws requiring alterations to AI outputs are preempted by federal law. The Chairman of the Federal Trade Commission will collaborate with the Special Advisor for AI and Crypto to draft this policy.
Legislative Recommendations
To create a comprehensive and unified framework, we are preparing legislative recommendations. The Special Advisor for AI and Crypto and the Assistant to the President for Science and Technology will jointly develop these recommendations, which will establish a uniform federal policy for AI. This policy will preempt state laws that conflict with our national goals while allowing for state-specific provisions in areas such as child safety, AI infrastructure, and government procurement.
Conclusion: A Balancing Act
In conclusion, ensuring a national policy framework for artificial intelligence is a delicate balancing act. We must foster innovation while protecting our values and ensuring the safety and well-being of our citizens. By taking proactive steps, such as establishing the AI Litigation Task Force, evaluating state laws, and implementing funding restrictions, we are working towards a unified framework that supports American leadership in AI. As we navigate this complex landscape, we invite the public to engage in the discussion and share their thoughts on this critical issue.
