WASHINGTON — States will not be blocked from enforcing artificial intelligence regulations after the Senate rejected an effort to include language restricting local laws as part of Republicans’ megabill advancing President Donald Trump’s agenda.
The Senate overwhelmingly approved a proposal early Monday morning to remove a provision from Republicans’ reconciliation package seeking to limit how states can regulate artificial intelligence over the next decade. The AI moratorium would block states from enforcing any law or regulations over AI systems for the next 10 years, prompting concerns from states such as Utah with laws prohibiting deepfakes and other identity theft attempts.
Sen. Marsha Blackburn, R-Tenn., introduced the amendment on Monday afternoon, coming as a surprise to some of her Republican colleagues who spearheaded the effort to create a national standard for AI regulation rather than operating on a state-by-state basis.
The final vote on the amendment was 99-1. Sen. Thom Tillis, R-N.C., was the lone no vote.
Blackburn had even worked with Sen. Ted Cruz, R-Texas, to adjust the 10-year moratorium, announcing a deal over the weekend that would’ve reduced the time period to just a five-year ban and include exemptions for unfair or deceptive practices, child sexual abuse material, rights of publicity, and protection of a person’s name, image, voice, or likeness. That language would have allowed states to regulate AI-generated content in certain areas without risking access to federal funding.
However, Blackburn backed out that agreement Monday night, citing concerns that Congress should not block states from “making laws that protect their citizens.”
“While I appreciate Chairman Cruz’s efforts to find acceptable language that allows states to protect their citizens from the abuses of AI, the current language is not acceptable to those who need these protections the most,” Blackburn said in a statement. “This provision could allow Big Tech to continue to exploit kids, creators, and conservatives.”
The updated provision comes after 17 Republican governors, including Utah Gov. Spencer Cox, wrote a letter last week urging Senate Majority Leader John Thune to nix the proposal, citing concerns of federal overreach and misuse of AI.
The amendment will be tucked into the Big Beautiful Bill Act, President Donald Trump’s budget framework advancing policies on border, energy, national defense and tax reform. The Senate began its vote-a-rama on Monday morning, an hourslong process wherein senators are permitted to introduce an unlimited number of amendments.
That process is expected to last until Tuesday morning, after which it will be sent back to the House for consideration.