Last-Minute AI Law Preemption May Sneak into the NDAA

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Majority Leader Scalise attempts to insert controversial AI measure

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This week, news broke that House Majority Leader Steve Scalise (R-LA) was attempting to include legislation preempting state AI laws in the National Defense Authorization Act (NDAA). Earlier in the year, a similar measure attached to the Big Beautiful Bill failed in the Senate in a 99-1 vote. The latest effort comes late in the NDAA process, despite the fact that House- and Senate-passed versions of the NDAA did not include AI preemption legislation. No text or overview of the scope or length of Rep. Scalise’s proposed AI preemption effort has been publicly released.

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“You would think that congressional leaders learned earlier this year that a last-minute push to void state AI legislation covering kids, workers, and consumers is a total non-starter,” said ARI Executive Director Eric Gastfriend. “A hastily-drafted preemption measure threatens to block state AI laws that protect young people from online harms, safeguard artists and creators from deepfakes, and support workers facing automation. Expect to see broad-based opposition to this measure from lawmakers across the political spectrum and consumer safeguard groups. This is the worst kind of backroom politics – at the expense of the American people.”

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