The White House is pushing for a moratorium on state artificial intelligence laws either in the annual defense policy bill or through an executive order directing the Justice Department to challenge state laws as unconstitutional or preempted by federal regulations.
But support for including a moratorium in the fiscal 2026 NDAA appeared scarce Thursday, especially without a national AI standard in place, and experts questioned the constitutionality of parts of a leaked draft executive order.
Senate Commerce Chair Ted Cruz, R-Texas, acknowledged pressure from the White House for Congress to move on a moratorium, after Cruz’s own moratorium provision was pulled out of the GOP’s budget reconciliation bill on a 99-1 vote this summer.
