FY26 NDAA AI preemption (failed)
FY26 NDAA AI State-Law Preemption Amendment (FAILED)
United States · FY26 NDAA preemption amendment (S.Amdt. to S. 2296) — not adopted
- Status
- Expired
- Applies to
- Would have preempted state regulators
- Enforced by
- Would have been federal
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.
Who is protected: State legislative authority preserved
Legal 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.
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Citation | FY26 NDAA preemption amendment (S.Amdt. to S. 2296) — not adopted |
| Private right of action | No, agency enforcement only |
| Topics | automated decision-making |
| Bill text | S. 2296 — FY26 NDAA |
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