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Bipartisan Resistance Grows to Federal AI Pre‑emption Push as Virginia Plans Health‑Focused Rules for 2026

Pre‑emption efforts center on a draft executive order with an NDAA add‑on under discussion.

Overview

  • House leaders weighed inserting language overriding state AI laws into the NDAA, drawing an immediate warning from Sen. Brian Schatz that such a move would be blocked.
  • President Donald Trump endorsed federal pre‑emption, while White House AI czar David Sacks and investor Marc Andreessen backed a national standard, and GOP figures Ron DeSantis, Marjorie Taylor Greene, and Steve Bannon voiced opposition.
  • A draft executive order to curb state AI regulation leaked this week, was reported as unfinished, and received no public comment from the White House.
  • A new YouGov poll with the Institute for Family Studies found adults opposed congressional pre‑emption of state AI rules by roughly three to one.
  • Virginia Delegate Michelle Maldonado said she will reintroduce a narrowed healthcare‑focused AI anti‑discrimination bill in 2026 and file additional tech measures on chatbots and data used to train AI.