More than 300 state lawmakers from across the political spectrum are urging Congress to reject any attempt to override state and local artificial intelligence (AI) regulations in the upcoming National Defense Authorization Act (NDAA), warning that such a move would “freeze active democratic debate” and strip communities of urgently needed protections.
In a letter sent to House and Senate leaders, lawmakers from all 50 states said they “strongly oppose” federal preemption language under consideration, arguing it would abruptly halt state-level policymaking on AI at a moment when residents are facing escalating digital risks — from online child exploitation and AI-enabled scams to opaque automated decision systems affecting workers and consumers.
“States serve as laboratories of democracy,” the coalition wrote, stressing that local governments are often better positioned than federal agencies to respond quickly to emerging AI harms. They warned that a sweeping federal prohibition could invalidate laws already passed in dozens of states to boost transparency, guide responsible procurement, protect patients, and safeguard creators from AI misuse.
The lawmakers — a mix of Republicans, Democrats, and independents — said a federal pause on state AI regulation would leave communities exposed as Congress continues to debate national standards. They cited years of stalled federal action on privacy and social-media accountability as evidence that prohibiting local action now would be premature and dangerous.
The letter also emphasizes the growing pressure lawmakers face from constituents encountering real-time threats fueled by generative AI, including seniors targeted by convincing AI voice scams and young people navigating increasingly unsafe online environments.
While the coalition expressed openness to collaborating on federal AI policy, it warned that preemption “would set back progress” rather than advance responsible governance. “States must retain the authority to act,” the letter concludes.
Congress is expected to continue negotiations over AI provisions as it works toward finalizing the NDAA later this year.
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