EveryAILaw.comEO 14365 — Ensuring a National Policy Framework for Artificial Intelligence
Obligations Covered
Timeline
| Milestone | Date | Notes |
|---|---|---|
| Signed | Dec 11, 2025 | President signed EO 14365 |
| Published | Dec 16, 2025 | Federal Register, 90 FR 58499 (FR Doc 2025-23092) |
| DOJ Task Force deadline | Jan 10, 2026 | 30 days to form AI Litigation Task Force |
| Commerce evaluation deadline | Mar 11, 2026 | 90 days to publish evaluation of state AI laws (§ 4) |
| BEAD Policy Notice deadline | Mar 11, 2026 | 90 days to issue BEAD eligibility Policy Notice (§ 5(a)) |
| FTC policy statement deadline | Mar 11, 2026 | 90 days to issue preemption policy statement (§ 7) |
| FCC proceeding deadline | TBD | § 6: 90 days after the § 4 evaluation is published; clock starts on that publication |
Related Regulations and Standards
Related instruments are selected from shared compliance obligations and jurisdiction coverage.
Provisions (2)
DOJ AI Litigation Task Force #
Does not create compliance obligations for AI companies. Instead, directs DOJ to form a task force to challenge state AI laws on preemption, interstate commerce, and First Amendment grounds. Directly threatens enforceability of state laws tracked in this reference (Colorado SB 24-205, Illinois HB 3773, California ADS regs, NYC LL144, and others). Section 8(b) carveouts bar the legislative recommendation from proposing preemption of state laws on child safety, AI compute and data-center infrastructure (other than generally applicable permitting reforms), and state government procurement and use of AI.
Requirements
| Requirement | Details |
|---|---|
| DOJ Task Force | Attorney General must establish an AI Litigation Task Force within 30 days whose sole responsibility is challenging state AI laws inconsistent with the § 2 policy (§ 3) |
| Preemption challenges | Task Force to challenge state laws as unconstitutional regulation of interstate commerce, preempted by federal regulation, or otherwise unlawful in the Attorney General's judgment (§ 3) |
| Legislative recommendations | The Special Advisor for AI and Crypto and the Assistant to the President for Science and Technology must jointly prepare a legislative recommendation for a uniform federal AI framework preempting conflicting state laws (§ 8(a)) |
Penalties
| Violation | Fine |
|---|---|
| N/A | No penalties on AI companies. States face federal litigation and potential funding restrictions for non-aligned AI laws. |
Commerce Evaluation of State AI Laws #
Directs the Secretary of Commerce to evaluate existing state AI laws within 90 days and identify those that conflict with federal objectives. A companion BEAD Policy Notice (§ 5(a)) makes states with those laws ineligible for BEAD non-deployment funds — not BEAD funding as a whole — and § 5(b) extends the same leverage to agency discretionary grants. Section 7 directs the FTC to issue a policy statement on how the FTC Act preempts state laws mandating alterations to truthful AI outputs, and § 6 directs the FCC to open a proceeding on a preemptive federal reporting and disclosure standard. No direct obligations for AI developers — but the evaluation results will shape which state laws survive federal challenge.
Requirements
| Requirement | Details |
|---|---|
| State law evaluation | Commerce must publish an evaluation of existing state AI laws within 90 days identifying "onerous laws that conflict" with the § 2 policy and laws to refer to the § 3 Task Force; at minimum it must identify laws requiring AI models to alter truthful outputs or compelling disclosure in a manner violating the First Amendment (§ 4) |
| BEAD funding restriction | Commerce, through NTIA, must issue within 90 days a BEAD Policy Notice providing that states with onerous AI laws identified under § 4 are ineligible for **non-deployment** funds, to the maximum extent allowed by federal law (§ 5(a)) |
| Discretionary grant conditioning | Agencies must assess whether their discretionary grant programs may be conditioned on states not enacting conflicting AI laws, or on a binding non-enforcement agreement for states that already have them (§ 5(b)) |
| FCC proceeding | FCC Chairman must initiate a proceeding, within 90 days of the § 4 evaluation, on whether to adopt a federal AI reporting and disclosure standard preempting conflicting state laws (§ 6) |
| FTC preemption statement | FTC Chairman must issue a policy statement within 90 days on when state laws requiring alterations to truthful AI outputs are preempted by the FTC Act's prohibition on deceptive acts or practices, 15 U.S.C. 45 (§ 7) |
Penalties
| Violation | Fine |
|---|---|
| N/A | No penalties on AI companies. States identified under § 4 lose eligibility for BEAD non-deployment funds and may face conditions on agency discretionary grants. |
Cite this regulation
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Attribution: EveryAILaw, PAICE.work PBC. “EO 14365 — Ensuring a National Policy Framework for Artificial Intelligence”, EveryAILaw.com, Aug 25, 2026. https://everyailaw.com/regulation/us-eo-ai-preemption/
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