A bipartisan coalition of 203 state lawmakers is urging Congress to block a House proposal that would temporarily bar states from enacting certain artificial intelligence regulations, arguing the move would leave constituents vulnerable to harm.
The letter, sent Tuesday and first obtained by The Hill, warns that the preemption provision in a discussion draft from Reps. Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.) would freeze a broad swath of state laws at a time when rapid technological change demands nimble oversight.
“We take seriously our responsibility to safeguard our constituents from AI harms to children, workers, artists and creators, families, and consumers,” the state lawmakers wrote. The provision, they added, “would freeze a sweeping set of state laws and tie the hands of lawmakers at a moment of rapid technological transformation.”
The discussion draft, which outlines a national framework for AI governance, proposes a three-year moratorium on state laws that target the development of AI models. It does not preempt laws governing how AI is used once deployed, nor does it affect general applicability laws or common law remedies, according to a summary of the draft.
But the state lawmakers—104 Democrats, 98 Republicans, and one independent—argue the language is dangerously broad. They say it could apply to measures addressing AI models trained on copyrighted material, anti-discrimination training requirements, and privacy protections.
“Not only is the provision extremely broad as written, but the tech industry will almost certainly weaponize such a provision in court to strike down state measures not intended to fall within the scope of GAAIA,” they wrote.
The pushback comes as Washington remains deadlocked on AI regulation, even as states move ahead with their own rules. The Senate nearly passed a moratorium on new state AI laws last year, but the effort collapsed at the last minute. The letter draws a direct line to the social media era, warning that letting Silicon Valley write its own rules leaves industry unaccountable and families exposed.
“The lessons of the social media era are clear: allowing Silicon Valley to write its own rulebook leaves industry unaccountable and leaves American families vulnerable to AI’s dangers,” the lawmakers wrote.
In the Senate, Sen. Marsha Blackburn (R-Tenn.), who is also running for governor, is leading negotiations with the White House on an AI preemption package. Her office told The Hill the package would include protections for “kids, creators, and communities,” but the specific preemption terms remain unclear.
The debate over preemption has also divided Republicans. Some GOP governors have signaled they will break with President Trump on the issue, and state lawmakers have long voiced concerns about federal overreach. The letter underscores the growing tension between state-level experimentation and federal efforts to establish uniform rules.
As OpenAI and Anthropic lead state-by-state AI regulation push as federal action stalls, the state lawmakers’ letter highlights the stakes. Meanwhile, other policy battles—such as the middle-class squeeze where inflation outpaces wages across US states—continue to dominate state capitols.
The coalition’s message is clear: Congress should not tie the hands of states that are already moving to protect their residents from AI’s risks.
