But it’s the proposal to preempt state rules on AI developers that has drawn the fiercest attacks from AI safety advocates and tech critics in both parties. Trahan’s decision to work with a Republican on a federal framework for AI has attracted blowback from her own party, with state lawmakers in Massachusetts and New York warning her against preempting their ability to regulate AI developers.
Brad Carson, president of Americans for Responsible Innovation – a nonprofit backed by a faction of tech billionaires that pushes for AI rules – said the proposal in its current form would turn “the current floor on state AI legislation” into a ceiling. He argued that state lawmakers have served as a key backstop for tech accountability and warned that preempting their authority would be “a generational mistake” that allows tech companies to operate without sufficient safeguards.
Brendan Steinhauser, CEO of the Alliance for Secure AI, a nonprofit that promotes safeguards for AI, praised the bill’s bipartisan approach to addressing advanced AI risks but said it “falls short” by preempting state AI laws. He called for Congress to set a federal floor for AI regulation while allowing states to adopt stronger protections.
The draft legislation’s release follows delicate talks between the two lawmakers over aspects of the legislation. Those include provisions that would preempt AI safety laws like those recently passed in California, New York and Illinois to rein in cutting-edge AI developers, and the question of whether a federal vetting regime should be compulsory.
Reps. Suhas Subramanyam (D-Va.), Scott Peters (D-Calif.), Scott Franklin (R-Fla.) and Erin Houchin (R-Ind.) are also expected to sign on to the framework, according to two people familiar with the matter, who — like others in this report — were granted anonymity to discuss nonpublic details.
The length of a sunset provision that would allow states to resume regulating advanced AI development was also a major sticking point. The lawmakers landed on a three-year phase-out in Thursday’s draft bill.
The draft legislation taps the Center for AI Standards and Innovation — an office within the Commerce Department’s National Institute of Standards and Technology — to ensure that top AI developers comply with the requirements. The draft would also formally establish CAISI, which was created via presidential executive order, and authorizes $300 million over the next three years for its budget. Top AI companies, including OpenAI, Anthropic and Google DeepMind, already partner with CAISI to conduct model evaluations on a voluntary basis.