Republicans ready new proposal to block state AI laws
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House Republican leaders are pressing ahead on a proposal to preempt state-level AI regulation, two GOP aides told Axios on Thursday.
Why it matters: President Trump's draft executive order to thwart state AI laws may not be ready for prime time, so his Hill allies are scrambling to get the task done via Congress.
State of play: The executive order, which was expected as soon as Friday, is likely to be delayed, multiple sources told Axios, and Capitol Hill is feeling the heat to provide a legislative play in the National Defense Authorization Act.
Driving the news: A flurry of proposals were circulating in Washington on Thursday, from language mirroring California's major new AI law to a limited preemption model, multiple sources told Axios, noting all ideas were in flux.
Reality check: The effort is a long shot.
- The leaders of the Armed Services committees in each chamber are wary of including these provisions in the must-pass defense bill.
- Democrats, civil society groups, and conservatives who are vocally in support of states' rights, including Govs. Ron DeSantis and Sarah Huckabee Sanders, will be a tough sell.
- Republicans protective of their states' internet grants resisted tying them to AI regulation when Sen. Ted Cruz (R-Texas) tried that route this summer, and now that idea has resurfaced in Trump's draft executive order.
What they're saying: The draft executive order to preempt state-level AI regulation has been widely denounced as a Big Tech power grab by many groups, but some tech, AI and startup leaders applauded it.
- "This is obvious overreach. Congress explicitly rejected AI law preemption attached to broadband funding in a 99-1 vote," tech advocacy group Americans for Responsible Innovation president Brad Carson said.
- California State Sen. Scott Wiener, who sponsored a major AI bill that was signed into law this year, said in a statement to Axios that "Trump thinks he's the king, but he's not. He has no power to issue a royal edict canceling state laws."
- "AI has so much promise to improve people's lives — cure diseases, help us fight climate change, etc. — and as with any new technology, there are also risks. California has the power and the responsibility to both promote AI innovation and reduce those risks," Wiener added.
Sens. Ed Markey (D-Mass.) and Elizabeth Warren (D-Mass.) sent a letter to Senate Democrats on Thursday calling for them to stay united in opposing the National Defense Authorization Act if it includes an AI moratorium.
- "Democrats have direct control over whether the AI moratorium is enacted into law. Our message should be simple: Congress should not give Big Tech a multi-year holiday from state oversight," the letter states.
What's next: Both chambers are aiming to vote on the annual defense policy bill in December, and lawmakers are now waiting to see the final version.
