US Targets New AI Safety Rules

Voluntary Framework, Classified Benchmarks

On June 2, 2026, President Trump signed an executive order titled "Promoting Advanced Artificial Intelligence Innovation and Security," directing several national security and civilian agencies to ramp up scrutiny of cutting-edge AI models and bolster federal cybersecurity defenses against AI-enabled threats.

For the private sector, the order establishes a voluntary process for AI model developers to submit models for federal review prior to broader release, and to provide critical infrastructure entities with early access to those models in order to strengthen cybersecurity protections. While the order prohibits creating a mandatory licensing or preclearance requirement for AI models, it directs the National Security Agency (NSA) and the Cybersecurity and Infrastructure Security Agency (CISA) to develop a classified benchmarking process to identify AI models with advanced cyber capabilities. Models meeting this threshold will be designated "covered frontier models," and developers of such models are invited, on a voluntary basis, to provide the government with up to 30 days of pre-release access.

The order signals that frontier models with advanced cyber capabilities may require closer public-private coordination. Although the framework is voluntary, it could provide a foundation for more substantial federal oversight of AI model development.

National Security at the Core

The June 2026 order adds a security dimension: advancing US AI capability while protecting against AI-enabled threats to federal systems and critical infrastructure. The consistent thread is that AI is treated as a national security and economic competitiveness asset, which shapes which risks receive regulatory attention.

In 2023, the Biden White House secured voluntary commitments from leading AI developers to test the safety and security of their systems before public release. The current order's voluntary framework can be seen as a continuation of that approach, now reoriented around cybersecurity and national security concerns.

Within 60 days, the NSA must develop a classified benchmarking process to assess AI models' cyber capabilities and designate covered frontier models. A parallel voluntary framework allows developers to engage the government on designations, share models 30 days before release, and collaborate on trusted early-access partners.

Congress has still not passed a comprehensive federal AI law, meaning the federal AI policy landscape remains an executive-action-only environment that can shift with administrations.

Sources:
White House Executive Order: Promoting Advanced Artificial Intelligence Innovation and Security
Skadden: New AI Executive Order Calls for Frontier Model Security and Early Government Access
Latham and Watkins: President Trump Signs Executive Order Establishing AI Cybersecurity and Frontier Model Framework