Contact your senators! NCSL urges you to call your senators and ask them to oppose the proposed 10-year moratorium on states' ability to enforce AI legislation included in the House of Representatives reconciliation bill.
Background
The House of Representatives approved a reconciliation bill that would preempt state authority in the AI arena for 10 years. The bill now moves to the Senate for consideration. It is imperative that you reach out to your senators and remind them:
- This provision violates the Byrd Rule because its only purpose is to preempt state laws, not affect the federal budget. Reconciliation bills should only include provisions that directly impact federal spending or taxes.
- Ask your senator if he/she would be willing to raise a point of order to have the provision stripped from the reconciliation bill.
- This moratorium violates the 10th Amendment by disregarding the essential work of state legislatures in the AI space.
- Because there is currently no comprehensive federal AI legislation, a 10-year moratorium will leave our mutual constituents completely vulnerable to a host of threats such as cyberattacks, financial fraud, privacy violations, discrimination and negative influences on our children.
- The moratorium will also limit state and local government authorities to regulate the placement of data centers, as well as other infrastructure that operates using AI, raising costs for ratepayers and infringing on zoning decisions.
- States have been diligently working in a bipartisan fashion with all stakeholders, including industry, to enact AI legislation that responds to community needs and rapidly evolving technological changes. Congress has been unable to respond in this way.
Please discuss any important state legislation that would be preempted by this proposed moratorium.
NCSL Letters on Select Reconciliation Provisions
NCSL Urges Congress to Oppose AI Moratorium on States: In a letter to the House Energy and Commerce Committee, NCSL opposes language in the reconciliation bill that would impose a 10-year moratorium on state artificial intelligence legislation.
NCSL Raises Concerns About SNAP Cost Shifts to States: In a letter to the House Agriculture Committee, NCSL expresses concerns about SNAP cost-sharing provisions in the reconciliation bill. The proposal would shift billions of dollars in SNAP costs to states.
NCSL Urges Congress to Oppose State Income Tax Intervention in Reconciliation: In a letter to the House Budget Committee, NCSL voices its opposition to the inclusion of the Interstate Commerce Simplification Act of 2025 and any other similar changes to PL 86-272 in a final budget reconciliation measure. The act has adverse fiscal ramifications on states, and its inclusion in a reconciliation bill has no direct federal fiscal impacts, as stipulated by the Congressional Budget Act.
NCSL Urges Congress to Update Child Care Tax Credits: In a letter to leadership of the Senate Finance and House Ways and Means Committees, NCSL encourages Congress to update the Child Tax Credit, Child and Dependent Care Tax Credit and the 45F Tax Credit to help states improve child care access and affordability.
NCSL Joins Others in Expressing Concerns Over Federal Medicaid Proposals: In a letter to House and Senate leadership, NCSL and other state and local government organizations express concern over proposed changes to Medicaid financing and requirements.