AI Preemption Tracker: Executive Order 14365 and State AI Laws

Every federal step on state AI laws, sourced, dated and checked every month.

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AI preemption status: October 2026

Last updated: October 27, 2026.

Federal action on state AI laws is still executive action, litigation and proposals. Executive Order 14365 set the program in motion in December 2025; Congress has not enacted a preemption statute. This month, the comment period on the Colorado Attorney General's proposed AI rules (4 CCR 904-6) closed on October 26, 2026. State effective dates are unchanged: Texas from January 1, 2026, Colorado and California from January 1, 2027.

This tracker supports our US AI governance framework. General information only; not legal advice.

The Executive Order 14365 and AI preemption tracker

One row per federal action. Each row cites its primary source. Where we have not verified an agency's progress, the row states only what the Executive Order requires.

Action	Source	Date	What it does	What it means for a portfolio company
Executive Order 14365	90 FR 58499–58501	Signed Dec 11, 2025; published Dec 16, 2025	Sets a federal program to challenge and evaluate state AI laws (§§ 3–8)	No change to state dates; watch each follow-on step
DOJ AI Litigation Task Force	Attorney General memorandum (EO § 3)	Jan 9, 2026	Established to challenge state AI laws in court	Litigation risk sits with states; companies keep complying
Commerce evaluation of state AI laws	EO 14365 § 4	Due within 90 days of the order	Requires Commerce to evaluate state AI laws	Status not tracked here until verified
NTIA BEAD funding conditions	EO 14365 § 5(a)	Due within 90 days of the order	Requires an NTIA policy notice on BEAD funding	Status not tracked here until verified
FCC proceeding	EO 14365 § 6	Within 90 days after the § 4 evaluation	Requires the FCC to begin a proceeding	Status not tracked here until verified
FTC proposed policy statement on AI	91 FR 41638–41642	Proposed Jul 7, 2026; comments closed Jul 31, 2026	Sets out how Section 5 of the FTC Act may apply to AI; refers to "Colorado's recently revised Artificial Intelligence Act"	Review AI outputs for unfair or deceptive practices
White House legislative framework	White House, March 2026	March 2026	Recommends that "Congress should preempt state AI laws that impose undue burdens"; keeps laws of general applicability	Recommendations to Congress, not law

Live dispute: xAI v. Weiser

In xAI v. Weiser, No. 26-cv-01515-DDD-CYC (D. Colo.), a minute order dated April 27, 2026 (Doc. 24) bars Colorado from enforcing SB 24-205 "or any legislation replacing or amending SB24-205 enacted during this legislative session" until 14 days after the court rules on xAI's motion for a preliminary injunction. That motion is due within 28 days after final adoption of the Attorney General's rules.

Colorado then enacted SB 26-189, which repeals and reenacts the AI Act and takes effect on January 1, 2027. The Attorney General's proposed rules (4 CCR 904-6) also state an effective date of January 1, 2027. They are proposed, not adopted.

For companies selling into Colorado, the practical position is to prepare for January 1, 2027 while the litigation runs. If the order lifts, SB 26-189 applies to decisions made on or after that date; if an injunction follows, the evidence built for Texas and California still stands.

Position stated as of the April 27, 2026 order. Later docket activity is not confirmed here; check the docket before relying on this row.

What AI preemption means for portfolio companies

Diagram of a federal layer above state tiles with solid and dashed links, showing AI preemption is not yet settled — Executive action and proposals sit above state laws but do not yet replace them

Executive action and proposals do not move a state's effective date. Until Congress legislates or a court rules, plan to the state calendar.

Keep complying. Texas TRAIGA is in force now. Colorado and California start on January 1, 2027.
Build on NIST. If a federal standard arrives, it is likely to be a smaller step from a NIST-based program than from a state-by-state patchwork. Texas already links its safe harbor to NIST AI 600-1.
Watch the FTC. The FTC already enforces Section 5 of the FTC Act. Its proposed statement signals how that power may be applied to AI outputs.
Brief the board quarterly. Federal moves can change the risk picture between diligence cycles.

See how the Texas module works in our TRAIGA compliance guide, and build the evidence with the US AI governance policy template.

Get the monthly AI preemption update. One email when the tracker changes, with each row re-checked against its source.

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Key dates to watch

Date	Event	Source
January 1, 2026	Texas TRAIGA in force	HB 149 § 10
October 26, 2026	Comment deadline on Colorado AG proposed rules	4 CCR 904-6 (proposed)
January 1, 2027	Colorado SB 26-189 takes effect	SB 26-189 § 5(1)
January 1, 2027	California ADMT compliance date	Cal. Code Regs. tit. 11 § 7200(b)
Open	Final FTC AI policy statement	91 FR 41638 (proposed)
Open	Congressional action on the White House framework	White House framework (March 2026)

Two of the three state dates fall on the same day. A company that plans one combined January 1, 2027 readiness review, built on its Texas evidence, avoids running two projects in parallel.

How we maintain this tracker

Every row cites a primary source: the Federal Register, govinfo, agency or White House documents, or the court docket.
Rows are re-checked in the week of each monthly update, and the check date is shown.
If we cannot verify an agency's progress, the row states only what Executive Order 14365 requires.
Proposals are labelled as proposals until they are final.

Frequently asked questions

Does an executive order supersede state law?

Not on its own. Executive Order 14365 directs federal agencies and the Department of Justice to act, including by challenging state AI laws in court. The White House's March 2026 framework asks Congress to preempt state AI laws that impose undue burdens, which would require legislation. Until Congress acts or a court rules, state AI laws apply on their own terms. Not legal advice.

What is the AI Litigation Task Force?

It is a Department of Justice task force established by Attorney General memorandum on January 9, 2026, under section 3 of Executive Order 14365. Its role is to challenge state AI laws in court. It does not change any state law by itself; a state law stays in force unless a court rules against it or Congress enacts preemption.

Has the FTC finalized its AI policy statement?

The FTC published a proposed policy statement on AI in the Federal Register on July 7, 2026 (91 FR 41638), and the comment period closed on July 31, 2026. This tracker shows it as proposed. Check the FTC's site or the Federal Register for a final version before relying on it, and see the date of our last check.

What is federal AI preemption?

Federal preemption is when federal law displaces state law on the same subject. For AI, the White House has recommended that Congress preempt state AI laws that impose undue burdens, while keeping state laws of general applicability, such as child-protection, fraud and consumer-protection laws. No federal AI preemption statute has been enacted, so state AI laws continue to apply.

Is Colorado's AI Act being enforced?

As of a federal court minute order dated April 27, 2026 in xAI v. Weiser, Colorado may not enforce SB 24-205 or replacement legislation enacted that session until 14 days after a ruling on xAI's preliminary-injunction motion. Colorado's replacement law, SB 26-189, takes effect on January 1, 2027. Check the docket for later activity before relying on this.