Tech Lobby Pushes for Federal AI Law, Aiming to Override State Regulations
WASHINGTON D.C. - A concerted effort is underway to establish a national artificial intelligence policy that would preempt state-level regulations, sparking opposition from state officials and raising concerns about diminished oversight of the rapidly evolving technology. Backed by the tech industry and some Republican lawmakers, the push centers on inserting language into the National Defence Authorization Act (NDAA) that would effectively block states from enacting their own AI rules.
The debate pits the tech lobby, which argues federal preemption is crucial for maintaining U.S. leadership in AI – particularly for defense and national security applications – against state attorneys general and privacy advocates who fear a weakening of consumer protections. A letter signed by multiple state lawmakers was sent to members of the House and Senate opposing the preemption, asserting it would hinder their ability to address the impacts of artificial intelligence.
The core of the strategy involves securing agreement from the leaders of both the House and Senate Armed Services Committees to include the preemption language in the NDAA. According to Evan Kemp, a consultant working against the preemption, Alabama Republican Rep. Mike Rogers (chairman of the House Committee on Armed Services), washington Democratic Rep. Adam Smith (the committee’s ranking member), and Senate Committee on Armed Services ranking member Jack Reed are currently opposed. The position of Mississippi Republican Senator Roger Wicker, chairman of the Senate Committee on Armed Services, remains unannounced.
Beyond outright preemption, there’s a possibility of a broader, but weaker, federal AI law being introduced through the NDAA, limiting oversight from both state and federal regulators. The leading the Future PAC has launched a $10 million campaign to advocate for this “national AI policy,” as reported by CNBC.
“What we’re seeing, not just with preemption, but with these big tech super PACs is that big tech will go to any effort to undermine that overwhelming small-D democratic will,” said Daniel Kleinman, highlighting polling data that consistently shows strong bipartisan support for AI regulation.
The outcome of this legislative battle will have significant implications for the future of AI governance in the United States, determining whether states retain the ability to shape the development and deployment of this transformative technology or whether a uniform federal framework will prevail.