Editorial illustration for Scalise Weighs NDAA Provision to Halt State-Level AI Regulation Efforts
Scalise Seeks Federal Block on State AI Regulation Moves
Republicans eye AI moratorium, Scalise mulls NDAA language to block state rules
Republicans are trying again to kill every AI law written by a state legislature. They failed spectacularly a few months ago. Now they’re attaching the idea to the annual defense bill, a legislative tank that crushes most opposition.
House Majority Leader Steve Scalise wants to add a provision to the National Defense Authorization Act that would block states from regulating artificial intelligence. The NDAA passes every year. It is a vehicle for everything from military pay raises to politically toxic measures that would die on their own.
President Donald Trump endorsed the plan on Truth Social. He argued that a single federal rule is needed to beat China. "We MUST have one Federal Standard instead of a patchwork of 50 State Regulatory Regimes," he wrote. "If we don't, then China will easily catch us in the AI race."
House Majority Leader Steve Scalise (R-LA) told Punchbowl News he's considering adding language to the National Defense Authorization Act (NDAA) effectively banning state AI regulations. Later on Tuesday, President Donald Trump posted on Truth Social urging Congress to standardize AI regulations. "We MUST have one Federal Standard instead of a patchwork of 50 State Regulatory Regimes," he wrote.
"If we don't, then China will easily catch us in the AI race. Put it in the NDAA, or pass a separate Bill, and nobody will ever be able to compete with America." Tacking amendments onto the NDAA, which lawmakers consider a must-pass bill, is a common strategy to get legislation across the finish line at the end of the year. It's not totally clear what the new language would look like considering 99 out of 100 senators ultimately turned against the version of a five-year moratorium on state AI laws that was put to a vote this summer.
When the issue came up earlier this year, many lawmakers expressed concern about the initial 10-year term proposed for the moratorium, and the potential that language could be so broad as to cover a host of other tech regulations, including kids' online safety laws. Both red and blue states have adopted AI-related laws that could be effectively nullified if Congress were to vote to preempt or pause them. Proponents of the moratorium, including tech industry associations like NetChoice, argued that a complicated patchwork of state regulations for an early-stage industry like AI could hamper innovation and threaten US competitiveness with China.
More details on the NDAA's language are expected before the Thanksgiving holiday, with a vote on track for December, according to Politico.
The trick is writing a law that stops state AI rules without also wiping out other popular tech regulations. The earlier attempt, a five-year moratorium, was rejected by 99 senators. Critics feared its language was too vague. They worried it could accidentally nullify children’s online safety laws passed in places like California and Texas.
Tech lobbyists argue a patchwork of state laws will stifle innovation. States argue they are protecting their residents from algorithmic bias and fraud. Both sides claim the China competition mantle.
The new text is expected before Thanksgiving. A vote is scheduled for December. The goal is a federal override that doesn’t look like the last one.
It’s a narrow path. Preempting state power is always messy. Wrapping it in the flag of national security just makes the fight louder.
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Common Questions Answered
How might Steve Scalise use the National Defense Authorization Act to impact AI regulation?
Scalise is considering adding language to the NDAA that would effectively ban state-level AI regulations, creating a unified federal approach to AI governance. This legislative strategy aims to prevent a fragmented regulatory landscape across different states, potentially streamlining AI policy at the national level.
What did Donald Trump suggest about AI regulation in his recent social media post?
Trump urged Congress to establish a single federal standard for AI regulations instead of having different rules in each state. He argued that without a unified approach, the United States risks falling behind China in the AI technological race.
Why are Republican leaders pushing for federal intervention in AI regulation?
Republican leadership is concerned about the potential challenges created by a patchwork of state-level AI restrictions that could impede technological development and competitiveness. By seeking a federal standard, they aim to create a more consistent and strategic approach to AI governance across the United States.
Further Reading
- 10 More Organizations, 10 More Reasons to Oppose 10-Year AI Moratorium — U.S. Senate Committee on Commerce, Science, and Transportation
- Federal AI Moratorium Out, State AI Regulation Gold Rush In — Goodwin Law
- How different states are approaching AI — Brookings Institution
- California AI regulation safe after "big, beautiful bill" loses freeze — CalMatters
