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More than 200 State Lawmakers Urge Congress to Reject Effort to Preempt State AI Rules

More than 200 bipartisan state legislators sent a letter to Congress urging rejection of a proposed defense-bill provision that would preempt state and local AI regulations. They warned a blanket ban would stifle democratic debate and erase state protections ranging from consumer transparency to patient safeguards. The dispute has intensified after previous efforts to impose a 10-year moratorium were removed and a White House draft order proposed legal challenges and potential broadband funding penalties for states that pass restrictive AI laws.

09:56 PM, 11/24/2025Politics
More than 200 State Lawmakers Urge Congress to Reject Effort to Preempt State AI Rules

More than 200 bipartisan state legislators have sent a letter to both the House and Senate urging Congress to reject a proposed provision in this year’s defense bill that would preempt state and local laws governing artificial intelligence.

The lawmakers argue that states must retain the ability to act as AI technology evolves and raises new policy questions. They warned a broad federal preemption would halt active democratic debate in statehouses and erase a range of protections enacted by states, from consumer transparency requirements to procurement rules and patient safeguards.

“A blanket prohibition on state and local AI and automated decision-system regulation would abruptly cut off active democratic debate in statehouses and impose a sweeping pause on policymaking at the very moment when communities are seeking responsive solutions,” the letter said.

Signatories emphasized they welcome congressional engagement on AI and are willing to collaborate on thoughtful national policy. But they cautioned that decades-long delays on federal action around privacy and social media harms make an indefinite or broad preemption dangerous: it could undermine protections states have already put in place.

The push to include preemption language comes as House GOP leaders press to add a clause to the National Defense Authorization Act (NDAA) that would bar state AI regulations. Earlier efforts to impose a 10-year moratorium on state AI measures in a tax-and-spending bill were removed after a 99–1 Senate vote amid Republican disagreements.

After reporting that House members were considering a preemption provision in the NDAA, several prominent Republicans — including Sen. Josh Hawley (R-Mo.), Rep. Marjorie Taylor Greene (R-Ga.) and Arkansas Gov. Sarah Huckabee Sanders — publicly opposed the move. At the same time, former President Donald Trump has signaled support for preemption.

A draft executive order circulated by the White House would go further: it would create a task force to challenge state AI laws in court and could make states that adopt certain AI restrictions ineligible for federal broadband funding if the administration deems those laws unduly burdensome. Some House Republican leaders have reportedly asked the White House to postpone issuing such an order while they attempt to secure preemption language in the must-pass defense package.

Lawmakers on both sides of the aisle say they remain open to federal leadership on AI but insist any national approach should allow states room to innovate and protect residents until Congress enacts comprehensive legislation.

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