Return of AI Federal Preemption: Trying to Force an Unpopular Measure into a Must-Pass Bill

01 Dec 2025
US Capitol

As featured on iatse.net:

After losing 99-1 in the Senate this July, Big Tech has escalated its attempts to roll back and ban state AI protections. They're attacking on two fronts simultaneously: pressuring Congress to tuck federal preemption into the National Defense Authorization Act (NDAA) while the White House drafted an Executive Order (EO) directing the Justice Department to sue states that regulate AI.

Preemption of state AI laws is extremely unpopular as it unites Republicans and Democrats. The Senate rejected it, as did 20 Republican governors and bipartisan groups of state legislators and state attorneys general.  

In recent weeks, IATSE and the labor movement have been actively mobilizing resistance to these efforts in Congress and the Trump Administration. The House and Senate committees of jurisdiction for the NDAA rejected, on a bipartisan basis, the addition of language to stop states from regulating AI. The EO also appears to be on hold for now, but the leaked draft reveals the intensity of Big Tech's efforts to eviscerate state authority to protect against harmful AI uses. 

The text of the NDAA is expected to be finalized this week following Congressional leadership input and if it includes another attempt to force AI federal preemption into this must-pass bill, the Department will be in touch seeking your locals' activism in opposition.