politics
December 8, 2025
Is AI preemption dead in Congress?
Axios reports that the Congressional negotiators hammering out the National Defense Authorization Act have grown “cold” on attaching language to the spending bill that would ban state-level AI laws. What hasn’t helped is the latest proposal being shopped around from the White House, Senate Commerce Committee Chair Ted Cruz (R-TX) and House Majority Leader Steve Scalise (R-AL), which reportedly proposes “straight preemption language to override most state-level AI laws without any additional federal regulatory framework”.

TL;DR
- Congressional negotiators are hesitant to attach language banning state-level AI laws to the National Defense Authorization Act.
- A proposal from the White House, Senator Ted Cruz, and Representative Steve Scalise is being circulated.
- This proposal reportedly includes federal preemption language to override most state AI laws.
- The proposal may not include additional federal regulatory frameworks.
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