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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsU.S. AI policy is made through several channels, not by one law or office. Congress can create legal authority, fund programs, or direct government work; the President can set executive-branch priorities through orders and memoranda within applicable law; and agencies put statutes and directives into practice using their own authorities, rules, guidance, procurement, and programs. These mechanisms differ in legal force and reach.
How is U.S. AI policy made?
Federal AI policy is a combination of statutes, presidential actions, agency requirements and guidance, and coordination among executive-branch bodies. The Congressional Research Service (CRS) describes federal efforts as including targeted legislation, agencies’ use of existing authorities, consideration of additional authorities, and voluntary industry commitments. Those approaches can overlap, but a voluntary commitment is not a statute, and a presidential direction is not an act of Congress. CRS, June 4, 2025
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A useful way to read any federal AI announcement is to ask four questions: what goal it pursues, which institution is acting, what mechanism it uses, and whether the action is proposed, directed, issued as guidance, or enacted. The date matters too: an order may change executive-branch priorities without changing the underlying law.
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What role does Congress play in AI regulation?
Congress can establish or amend statutory authority, authorize or fund government activity, and direct agencies through legislation. Legislation can create duties or prohibitions within its scope; bills and recommendations do not have that effect unless they become law. Congress can also consider whether agencies need additional authority, an issue CRS identifies as part of the federal policy debate. CRS, June 4, 2025
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As a dated point of reference, CRS reported on June 4, 2025, that no broad federal law establishing general regulatory authorities for AI development or use, or broad AI prohibitions, had been enacted as of that report. That is a snapshot, not a statement about the status of legislation after June 4, 2025.
What can an executive order do?
An executive order can direct executive-branch officials and agencies to take specified actions within the President’s applicable legal authority. It can set priorities, assign work, or call for recommendations. It does not, by itself, enact a statute or give agencies powers that Congress has not authorized.
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EO 14179: setting a new executive-branch agenda
Executive Order 14179, dated January 23, 2025, directed the White House science and technology, AI, and national security advisers to develop an AI action plan. It also directed a review of actions associated with revoked EO 14110. Those are presidential directions to the executive branch, not statutory provisions enacted by Congress. EO 14179, January 23, 2025
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EO 14365: proposing a national framework
Executive Order 14365, dated December 11, 2025, directs work toward a proposed national AI framework and identifies topics its legislative recommendation should not seek to preempt, including child safety, certain AI infrastructure matters, and state government procurement and use. The order and its requested recommendation are not enacted legislation: the proposal would need the legislative process to become law. EO 14365, December 11, 2025
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EO 14434: directing terminology and a legislative proposal
As of September 29, 2026, EO 14434 provides a current example of a presidential directive: it tells agencies to use “Super Intelligence” and “SI” in specified non-statutory materials and asks for proposed legislative language within 60 days. The order does not itself amend statutory definitions; that would require legislation. EO 14434, September 29, 2026
How do federal agencies implement AI policy?
Agencies implement statutes and presidential directions within their respective responsibilities and existing authorities. Their work may include internal requirements, guidance, procurement decisions, programs, and coordination with other executive-branch bodies. This makes implementation distributed: a government-wide priority can result in many agency-level actions rather than one central AI regulator or a single uniform document.
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OMB guidance for federal agencies’ own AI use
The Office of Management and Budget’s memorandum M-25-21, dated April 3, 2025, addresses innovation, governance, and public trust in federal agencies’ use of AI. It rescinds and replaces M-24-10. It is an administrative channel for agency practice, distinct from a statute passed by Congress. OMB M-25-21, April 3, 2025
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The Government Accountability Office (GAO) reported on September 9, 2025, that it identified 94 government-wide or government-wide-impact AI-related requirements and 10 executive-branch oversight and advisory groups with roles in federal AI implementation and oversight. The 94 requirements were identified as current or forthcoming as of July 2025. These are GAO’s counts, not a claim that every agency has the same obligations or that all items were already in effect. GAO-25-107933, published September 9, 2025
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How do the main policy mechanisms differ?
| Mechanism | Who acts | What it can do | Status and example |
|---|---|---|---|
| Statute | Congress, through the legislative process | Create or amend legal authority, fund activity, or direct agencies within the law’s scope. | Enacted law has statutory force. A bill or recommendation alone is not law. |
| Executive order or memorandum | The President and executive branch | Set executive-branch priorities and direct officials to take actions within applicable law. | EO 14179 (January 23, 2025) directed development of an AI action plan; it did not itself enact a statute. |
| Agency action or guidance | Federal agencies, within their authorities | Implement laws and directives through agency requirements, guidance, procurement, and programs. | OMB M-25-21 (April 3, 2025) addresses agencies’ own AI use and replaces M-24-10. |
| Voluntary commitment | Industry participants or other organizations | Set voluntary practices or commitments; it is not itself a statutory requirement. | CRS identifies voluntary industry commitments among federal AI policy approaches; no single date or uniform legal status applies. CRS, June 4, 2025 |
For proposals in particular, distinguish the policy goal—such as safety, security, innovation, or government adoption—from the mechanism and its status. A proposal for Congress to consider is not an enacted national framework, just as an agency memorandum is not itself a new statute.
Why do federal and state approaches come into the debate?
One recurring dispute is how to balance safety, security, innovation, and agency authority, and whether the country should have a national approach or allow more state-level variation. EO 14365 illustrates the issue: it directs a proposed national framework while identifying subjects its legislative recommendation should not seek to preempt. Because the order calls for a proposal rather than enacting a statute, it should not be read as having itself settled the boundaries of federal and state authority. EO 14365, December 11, 2025
To assess a new announcement, check whether it is a law, a presidential direction, agency guidance, or a voluntary commitment; identify which government actors it covers; and note its date and stated scope. That prevents a requested legislative proposal or an executive-branch instruction from being mistaken for a rule that Congress has enacted.
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