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
- FTC Act Section 5 (unfair/deceptive AI) · In effect
- TAKE IT DOWN Act · In effect
- FCRA (AI in credit & background checks) · In effect
- ECOA / Regulation B (AI credit discrimination) · In effect
- Title VII / ADA (AI hiring) · In effect
- COPPA + 2025 Rule (childrens data) · In effect
Related automated decision-making rules elsewhere
- CCPA/CPRA + ADMT Regulations · In effect
- Colorado AI Act (repealed) · Repealed / replaced
- SB 26-189 (Colorado ADMT Law) · Enacted (not yet in effect)
- AI Video Interview Act · In effect
- HB 3773 (AI Employment Discrimination) · In effect
- TRAIGA · In effect
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