Codify — Article

States’ Right to Regulate AI Act blocks AI policy funding

Prohibits federal funds from implementing the 2025 AI policy executive order, signaling a shift toward state-led AI governance.

The Brief

S.3557, the States’ Right to Regulate AI Act, would prevent the use of federal dollars to implement the executive order titled Ensuring a National Policy Framework for Artificial Intelligence, issued December 11, 2025. The bill’s effect is to constrain the federal government’s ability to deploy a national AI policy through funding incentives and mandates.

It frames AI governance as a state prerogative by prohibiting federal involvement in the EO’s implementation, administration, or enforcement. The proposal is narrowly targeted and does not alter existing state authorities directly, but it changes how federal dollars could be used to push national AI policy across the states.

At a Glance

What It Does

No Federal funds may be used to implement, administer, or enforce the Executive order entitled 'Ensuring a National Policy Framework for Artificial Intelligence,' issued December 11, 2025.

Who It Affects

Federal agencies and any programs or contractors that would have funded actions under the EO; states and localities relying on federal funds for AI-related efforts may be indirectly affected in terms of allowable funding.

Why It Matters

It foregrounds state regulatory autonomy in AI by restricting federal funding for a national policy framework, potentially altering how coordinated AI governance is pursued across the country.

More articles like this one.

A weekly email with all the latest developments on this topic.

Unsubscribe anytime.

What This Bill Actually Does

The bill is short and technical in scope. It establishes a two-section act: a formal short title and a funding prohibition.

The central rule is simple: no federal funds may be used to implement, administer, or enforce the executive order on AI policy issued in December 2025. The text does not change existing state authorities or create new federal AI standards.

Instead, it blocks a federal funding channel that could otherwise drive a unified national AI policy, thereby elevating state discretion in AI regulation. The measure leaves many practical questions unanswered, including how to coordinate with ongoing federal programs that do not rely on this specific EO and how funds already allocated would be treated.

Overall, the act shifts the leverage in AI governance from a centralized federal framework toward state-level approaches financed with state money or private resources. It is a constraint on what the federal government can do with its money in the AI policy space, not a comprehensive rewrite of AI law.

The Five Things You Need to Know

1

The bill blocks any use of Federal funds to implement the AI policy Executive Order.

2

It targets the EO issued on December 11, 2025, by barring funding for its implementation, administration, or enforcement.

3

The act is titled to emphasize states’ rights to regulate AI rather than central federal direction.

4

The text comprises two sections: a short title and a funding prohibition.

5

There are no stated penalties or enforcement mechanisms within the bill text, and it does not specify how existing funds should be treated.

Section-by-Section Breakdown

Every bill we cover gets an analysis of its key sections. Expand all ↓

Section 1

Short title

This section provides the formal citation of the act as the States’ Right to Regulate AI Act. It establishes naming for reference and ensures the measure is lawfully identifiable in any future fiscal or regulatory action.

Section 2

No Federal Funds for Executive Order Relating to State Regulation of Artificial Intelligence

This section bars the use of federal funds to implement, administer, or enforce the Executive order on AI policy issued December 11, 2025. It applies to federal programs, agencies, and any activities connected to the EO. The effect is to block the primary funding mechanism that could operationalize a national AI policy framework, thereby constraining federal influence over AI governance through spending power.

At scale

This bill is one of many.

Codify tracks hundreds of bills on Government across all five countries.

Explore Government in Codify Search →

Who Benefits and Who Bears the Cost

Every bill creates winners and losers. Here's who stands to gain and who bears the cost.

Who Benefits

  • State legislatures and state regulatory agencies that regulate AI can pursue oversight and rules without being tethered to a federally funded policy framework.
  • State Attorneys General and consumer-protection or privacy regulators who shape AI governance at the state level gain leverage to align enforcement with state priorities.
  • Public-interest and civil-society groups at the state level that advocate for local AI oversight may find more room to push for accountability using state budgets and priorities.

Who Bears the Cost

  • Federal agencies and personnel responsible for implementing or enforcing the AI policy EO face direct funding constraints.
  • Recipients of federal AI-related grants or contracts tied to the EO lose potential funding streams.
  • The federal government’s ability to coordinate nationwide AI policy through the EO could be diminished, potentially increasing policy fragmentation across states.

Key Issues

The Core Tension

Should the federal government be allowed to steer AI policy through funding programs, or should state governments retain ultimate control over AI regulation even when federal funds might otherwise enable national coordination?

The bill raises a classic governance tension: should AI policy be advanced through a centralized federal funding mechanism or through state-level autonomy financed with state resources? By prohibiting federal funds for the EO, it denies a national funding pathway that would have facilitated uniform AI policy implementation across the country.

This could lead to divergence in AI oversight and enforcement standards, with states choosing different regulatory approaches based on their own budgets and priorities. The text provides no enforcement provisions, penalties, or sunset for the prohibition, and it does not address funds already appropriated or how it interacts with broader federal-aid programs.

The lack of definitions for terms like 'No Federal funds' or what constitutes 'implement, administer, or enforce' creates ambiguity for agencies and contractors tasked with AI-related activities.

Try it yourself.

Ask a question in plain English, or pick a topic below. Results in seconds.