The White House is locked in negotiations with Capitol Hill over a legislative trade: federal preemption of certain state artificial intelligence regulations in exchange for advancing technology policies focused on children’s safety and deepfake protections, according to a spokesperson for Sen. Marsha Blackburn (R-Tenn.).
Blackburn, who is leading the talks for Senate Republicans, aims to finalize a package that would override state laws on specific AI subjects while incorporating measures from the long-stalled Kids Online Safety Act (KOSA) and the NO FAKES Act, which targets AI-generated impersonation of artists. The deal would also mandate age verification requirements, a flashpoint in the broader debate over online child safety.
“We’re looking at subject-matter preemption, not a blanket override of all state AI or kids safety laws,” a Blackburn spokesperson told The Hill on Tuesday. The approach would bar states from legislating on the same topics covered by the federal package, leaving other areas of AI regulation to state discretion.
The administration has been pushing for federal preemption of state AI rules for over a year, but previous attempts collapsed in both chambers last Congress. The renewed effort comes just days after Reps. Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.) released a bipartisan draft framework that would preempt state laws governing AI model development for three years, though it would not necessarily block state rules on how AI is used once deployed.
The clock is ticking. With the legislative calendar winding down, intraparty divisions and sharp pushback from AI safety advocates have stymied progress. The Senate and House remain out of sync on a path forward, and the political landscape is further complicated by redistricting chaos in Southern states that is reshaping congressional races and shifting priorities.
Blackburn’s office confirmed that the package would include “protections for kids, creators, and communities,” but declined to provide a timeline. The White House did not respond to a request for comment.
The negotiations, first reported by Axios, underscore the administration’s urgency to establish federal guardrails before a patchwork of state laws takes hold. However, critics warn that preemption could weaken state-led experiments in AI oversight, particularly in areas like bias and transparency. Advocates for stronger safeguards argue that the deal trades away too much regulatory authority for incremental federal action.
As the session’s end approaches, the odds of passing either package remain long. The NO FAKES Act and KOSA have each faced fierce opposition from tech industry groups and free speech advocates, while the broader AI preemption debate pits industry desire for uniformity against state efforts to address local concerns. The outcome may hinge on whether Blackburn and the White House can bridge the gap between competing visions—and whether there’s enough time left to do it.
