EO 14365 — Ensuring a National Policy Framework for Artificial Intelligence

Q: Does EO 14365 — Ensuring a National Policy Framework for Artificial Intelligence require Risk Assessment?

Yes. EO 14365 — Ensuring a National Policy Framework for Artificial Intelligence addresses Risk Assessment through 1 provision.

Does EO 14365 — Ensuring a National Policy Framework for Artificial Intelligence require Risk Assessment?

United States • enforcing

Yes — 1 provision

Requirements at a glance

This regulation imposes 3 specific requirements for Risk Assessment across 1 provision:

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))

DOJ AI Litigation Task Force #

Obligation:

Risk Assessment

enforcing

Effective:

Dec 11, 2025

Risk tier:

all

Scope:

government (DOJ); states

cross-domainhigh-impact

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.

Sources: EO 14365 Text (Federal Register, 90 FR 58499)

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