FY26 NDAA AI State-Law Preemption Amendment (FAILED)
United States · FY26 NDAA preemption amendment (S.Amdt. to S. 2296) — not adopted
A Cruz-led amendment to the FY26 NDAA would have preempted state AI regulation under a defense-nexus theory. The amendment was not adopted in conference, the second failed federal preemption attempt within a year.
Technical detail
S.Amdt. to S. 2296 (2025, Cruz) — would have preempted state AI laws affecting Defense Department contractors or critical-infrastructure operators under federal defense authority. Conference committee did not adopt; FY26 NDAA enacted Dec. 17, 2025 without AI preemption provisions.
Who is protected: State legislative authority preserved
Who must comply: Would have preempted state regulators
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Status | Expired |
| Protection strength | Unknown |
| Citation | FY26 NDAA preemption amendment (S.Amdt. to S. 2296) — not adopted |
| Enforced by | Would have been federal |
| Private right of action | No — agency enforcement only |
| Topics | automated decision-making |
| Last verified | 2026-06-16 |
| Official source | S. 2296 — FY26 NDAA ↗ |
More AI rules in United States
- Trump AI Innovation & Security EO (June 2026) · In effect
- FERC order directing PJM and other grid operators to reform · Enacted (not yet in effect)
- Chatrie v. United States (Fourth Amendment protection for lo · Blocked / in litigation
- Kids Internet and Digital Safety Act (KIDS Act) (H.R. 7757) · Proposed / pending
- NAIC AI Evaluation Tool Pilot (12 states, 2026) · Proposed / pending
- FTC Proposed Policy Statement — AI Accuracy (July 2026) · Proposed / pending
Related automated decision-making rules elsewhere
- CA EO N-6-26 (AI Workforce) · In effect
- Arkansas public entity AI/ADS policy mandate (Act 848, 2025) · In effect
- Connecticut algorithmic rent ban — HB 8002 (eff. Jan 1, 2026) · In effect
- San Diego algorithmic rent price-fixing ban (Ord. O-21955, May 2025) · In effect
- Minneapolis algorithmic rent ban (Ord. 2025-010, eff. Mar 1, 2026) · In effect
- Seattle algorithmic rent-fixing ban (Ord. 127241 / SMC 7.34, July 2025) · In effect
See something wrong or out of date? Submit a correction — every entry must carry a verifiable official source.