More than 200 lawmakers from 42 states say Congress should not block state AI laws unless it first creates meaningful federal protections.
A bipartisan coalition of more than 200 state lawmakers from 42 states is urging Congress to remove a provision in the proposed Great American AI Act (GAAIA) that would prevent states from enforcing certain AI laws for three years, arguing the measure would eliminate existing safeguards without replacing them with a federal regulatory system.
The coalition sent a letter responding to a discussion draft of the GAAIA released earlier this month by Reps. Jay Obernolte (R-Calif.) and Lori Trahan (D-Mass.). The proposed bill would create a national approach to AI regulation while temporarily preempting many state laws governing the development of AI models. States would still be able to regulate many uses of AI after deployment.
The debate follows an earlier effort to impose a broader moratorium on state AI laws. That proposal was ultimately removed, but the issue has returned in a narrower form.
Led by Michael Moore (D-Miss.) and Louis Blessing (R-Ohio), the lawmakers argue that states have become the primary source of AI oversight. At the same time, Congress continues to debate comprehensive federal legislation. They warn that freezing state authority without establishing federal protections would leave consumers, workers, and businesses with fewer legal safeguards as AI adoption accelerates.
The letter also rejects the bill’s proposed three-year pause on many state AI laws. Supporters of the proposal argue the three-year pause would prevent companies developing AI models from having to comply with dozens of different state laws while Congress works on a single national framework. The lawmakers disagree, arguing that states have historically served as “laboratories of democracy,” allowing them to respond quickly to emerging issues and test new policy approaches. They say AI should be no exception.
Among their concerns is that the draft bill would override state laws governing AI model development without establishing a comparable federal system. The lawmakers also say the proposal could prevent states from responding to new AI risks that emerge during the three-year preemption period, even as the technology continues to evolve rapidly.
The coalition asked Congress to remove the preemption provision entirely or substantially narrow its scope. The letter argues that any future federal preemption should occur only after Congress enacts comprehensive AI protections that provide safeguards at least as strong as those already adopted by states.
The Great American AI Act remains a discussion draft, and lawmakers are continuing to solicit public feedback before introducing formal legislation. The state lawmakers’ letter asks Congress to remove the preemption provision or substantially narrow its scope, arguing that states should retain the ability to regulate AI until comprehensive federal protections are in place.
