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Senate Pushback Threatens House’s 10-year Ban on State AI Rules

Senate resistance from both parties alongside a Byrd Rule review threatens to strip out the AI preemption clause.

Republicans celebrate the One Big Beautiful Bill Act, which contains a ban on state AI regulation.
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Overview

  • The House approved the “Big Beautiful Bill” on May 22 by a single vote, embedding a 10-year moratorium on state AI regulations alongside a $500 million fund for federal AI modernization.
  • Senators Marsha Blackburn and Josh Hawley have joined bipartisan objections from over two dozen state attorneys general who warn the ban could undermine consumer privacy and local innovation.
  • A Senate parliamentarian is weighing whether the state-preemption provision violates the Byrd Rule’s restrictions on extraneous items in reconciliation bills.
  • More than 45 states and Puerto Rico have introduced over 550 AI bills this year, with Utah, Maryland and Florida already enacting dedicated oversight laws.
  • OpenAI, Google and Meta continue to urge a unified federal approach to avoid a patchwork of state rules they say would hamper technological growth.