Executive Order 14110 in 2026: what still binds contractors

Orientation

Executive Order 14110 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence), signed October 30, 2023, was the most expansive federal AI directive in US history. It touched NIST standards, AI talent, immigration, export controls, foundation-model reporting, federal hiring, civil rights, and specific agency obligations. Much of its operationalization came through OMB memoranda (M-24-10 on agency AI use, M-24-18 on AI acquisition) and NIST publications (AI RMF, AI 600-1 Generative AI profile).

In 2025 the new administration rescinded EO 14110 and issued a replacement framework emphasizing competitiveness and deregulation. But rescinding an executive order does not automatically unwind the downstream agency actions it triggered. Understanding what actually binds contractors in 2026 requires separating the EO text from the operational artifacts produced under it.

What was in EO 14110

Area	Mechanism
Foundation-model safety reporting	Red-team results and training-compute thresholds reported to Commerce under Defense Production Act authority.
Federal AI use governance	OMB M-24-10 directing each agency to appoint a Chief AI Officer, inventory AI use, and apply risk-management practices.
AI in federal acquisition	OMB M-24-18 directing agencies to use specific contract language, require AI documentation, and evaluate risk.
AI workforce	OPM authorities, AI talent surge, training programs.
Civil rights	Agency guidance on bias in AI-enabled decisions (housing, employment, credit).
NIST standards	Directed NIST to develop AI RMF 1.0 profiles, red-team guidance, evaluation methods.
Export controls	Commerce authorities on frontier-model IaaS and chip controls.

What was rescinded, and what survived

The 2025 rescission removed the text of EO 14110. It did not automatically:

• Rescind OMB memoranda. M-24-10 and M-24-18 remained in force unless OMB itself revised them. OMB has since issued M-25-X series memoranda that update some guidance; the Chief AI Officer structure and agency AI inventory requirements persist.
• Rescind NIST publications. AI RMF 1.0, AI 600-1 Generative AI profile, and red-team guidance are NIST products. They continue to exist regardless of EO status and continue to be referenced in acquisition language and in other guidance.
• Void agency policies. Each agency published its own AI policy under EO 14110 (DoD, HHS, DHS, VA, and many others). These remain in force until revised by the issuing agency.
• Undo contract clauses already in signed contracts. If a 2024 contract includes AI-related compliance language, that clause runs until the contract closes.

What actually binds a federal AI contractor in 2026

• OMB M-24-10 (as updated) — agency AI inventory, Chief AI Officer coordination, risk management practices.
• OMB M-24-18 (as updated) — AI in acquisition, documentation requirements, risk evaluation.
• NIST AI RMF 1.0 and AI 600-1 — reference framework for risk management and generative-AI risk.
• Agency-specific AI policies — DoDI 5000.90 for DoD, HHS AI strategy documents, DHS AI use guidance, VA AI policy, and so on.
• FISMA and FedRAMP for system-level security.
• NIST 800-171 / CMMC for contractor CUI systems.
• DFARS 252.204-7012 for DoD CUI handling and 72-hour incident reporting.
• Contract-specific clauses — read the contract; AI clauses vary.

The DPA foundation-model reporting question

One of EO 14110's most-discussed provisions was the invocation of the Defense Production Act to require foundation-model developers to report red-team results and training-compute thresholds to Commerce. The rescission of EO 14110 changed the executive basis; whether the reporting requirement itself was rescinded, paused, or continued under other authorities is a live question through 2026. Most contractors do not develop models at the covered threshold and are unaffected. If you do develop at that scale, watch Commerce guidance specifically.

What is unsettled

• Whether the 2025 framework will expand into its own concrete mechanisms or remain largely deregulatory.
• Whether agency AI inventories will continue to be published. Some stopped, some continue.
• Whether civil-rights-related AI guidance will be consolidated, revised, or left in place by originating agencies.
• Whether Congress will act. Multiple 2026 bills touch AI in ways that would supersede executive action. None had passed as of April 2026.

Practical posture for a small AI firm

Ignore the EO-text ping-pong. Anchor on three durable artifacts: NIST AI RMF, NIST 800-53 / 800-171, and the specific contract you are responding to. These are the stable layer. The policy layer above will continue to shift administration to administration, but agency ISSOs and contracting officers will continue to reference these three for the foreseeable future.

Specifically:

• Maintain a live AI RMF implementation — Govern, Map, Measure, Manage.
• Maintain an 800-171 baseline for any CUI you handle.
• Read every solicitation closely for AI-specific clauses. Respond to what is in front of you, not the EO text.
• Track OMB memos as they issue. OMB is the stable operational layer.

Bottom line

EO 14110 shaped the 2023-2025 federal AI policy stack. It was rescinded in 2025. Its rescission did not automatically unwind downstream OMB memoranda, NIST publications, agency policies, or contract clauses, most of which continue to bind contractors in 2026. Anchor your compliance posture on the durable layer — AI RMF, 800-53, 800-171, and the specific contract — and treat the EO-level changes as political noise that does not materially shift your engineering obligations.

Frequently asked questions