House Republicans Pursue Federal Preemption of State AI Laws

Key Points

  • House Republicans consider adding AI preemption language to the NDAA.
  • President Trump calls for a single federal AI standard to avoid a state patchwork.
  • A prior Senate effort for a five‑year AI moratorium was rejected by 99 of 100 senators.
  • Critics warned the moratorium could affect broader tech regulations, including child safety laws.
  • Industry groups like NetChoice argue state AI rules could hinder U.S. innovation and competitiveness.
  • Proposed NDAA language is expected before Thanksgiving, with a vote targeted for December.

Republicans are looking for a way to bring back the AI moratorium

Legislative Initiative

House Majority Leader Steve Scalise (R‑LA) told reporters that lawmakers are considering adding language to the National Defense Authorization Act (NDAA) that would effectively preempt state AI regulations. Attaching the amendment to the NDAA, a must‑pass bill, is a common strategy for advancing legislation late in the year.

Presidential Endorsement

President Donald Trump used his social platform to urge Congress to adopt a uniform federal standard for AI, warning that a patchwork of state rules could allow China to outpace the United States. He suggested the language be placed in the NDAA or passed as a separate bill.

Background on the Moratorium Effort

Earlier this year, the Senate voted on a five‑year moratorium on state AI laws, but the proposal failed after 99 of 100 senators turned against it. Critics had raised concerns about the original 10‑year term and the possibility that the language could extend to other technology regulations, such as those affecting children’s online safety.

Industry Perspective

Tech industry associations, including NetChoice, have argued that a fragmented set of state AI regulations would hamper innovation and threaten U.S. competitiveness with China. They support a federal approach to avoid conflicting state rules.

Next Steps

Details of the proposed NDAA amendment are expected before the Thanksgiving holiday, with a vote anticipated in December. Lawmakers and stakeholders will be watching closely to see whether the federal preemption effort gains traction.

Source: theverge.com