Which federal bills would preempt or freeze state AI laws, and who are their sponsors and cosponsors? Map the preemption bills and the opposing state-authority bills, the sponsors on each side, and the exact preemption provisions, cited to the official record.
Federal AI Preemption Bills
H.R. 5388 — American Artificial Intelligence Leadership and Uniformity Act
Status: Referred to Subcommittee on Oversight and Investigations (introduced Sept. 16, 2025)
Sponsor: Rep. Michael Baumgartner (R-WA-5) Cosponsors: None
Preemption Provision (Section 6):
"Except as provided in paragraph (2), no State or political subdivision thereof may enforce, during the 5-year period beginning on the date of the enactment of this Act, any law or regulation of that State or a political subdivision thereof limiting, restricting, or otherwise regulating artificial intelligence models, artificial intelligence systems, or automated decision systems entered into interstate commerce."
Scope: Freezes state AI laws for 5 years. Carves out state laws that: (1) remove legal impediments to AI deployment; (2) streamline licensing/permitting; (3) do not impose substantive design, performance, data-handling, documentation, or civil-liability requirements; (4) apply generally to comparable non-AI systems; (5) impose reasonable, cost-based fees; or (6) carry criminal penalties. States retain procurement authority for their own use.
H.R. 9925 — FRONTIER Act
Status: Referred to Energy and Commerce; Science, Space, and Technology (introduced July 23, 2026)
Sponsor: Rep. Jay Obernolte (R-CA-23) Cosponsors (11): Lori Trahan (D-MA), Scott H. Peters (D-CA), Erin Houchin (R-IN), Suhas Subramanyam (D-VA), Scott Franklin (R-FL), Gabe Vasquez (D-NM), Joe Wilson (R-SC), Nicole Malliotakis (R-NY), J. Luis Correa (D-CA), Mike Quigley (D-IL), James Gallagher (R-CA)
Preemption Provision (Section 2(b)(1)-(3)):
"Except as provided in subsection (c), no State or political subdivision of a State may adopt or enforce any law, regulation, order, or other requirement that imposes new substantive requirements on frontier AI systems... [including] regulate the use or deployment of AI systems by deployers or users, including via consumer protection, civil rights, contract, criminal, or privacy laws... [or] adopt or enforce laws, regulations, orders, or other requirements specifically relating to the protection of minors from harms arising from the use of AI systems."
Scope: Preempts state laws imposing substantive requirements on "frontier models" (foundation models trained with >10^26 compute operations). Carves out state laws protecting minors and generally applicable criminal law. Allows state opt-in for Attorney General reporting. Applies to "very large frontier developers" (>$5B revenue, >$10B AI spending) and "large frontier developers" (>$50M revenue, >$1B AI spending).
Federal State-Authority Bills (Opposing Preemption)
S. 2367 — AI Accountability and Personal Data Protection Act
Status: Referred to Judiciary Committee (introduced July 21, 2025)
Sponsor: Sen. Josh Hawley (R-MO) Cosponsors (2): Richard Blumenthal (D-CT), Peter Welch (D-VT)
State-Authority Provision (Section 8):
"(a) No preemption of existing State laws — Nothing in this Act shall be construed to preempt or limit any law, rule, regulation, or common law doctrine of any State that is in effect as of the date of enactment of this Act. (b) Minimum standard — This Act shall be construed as establishing a minimum standard for the tort described in section 3(a), and nothing in this Act shall be deemed to prohibit or restrict the application of any State law, rule, regulation, or common law doctrine that provides greater or additional rights, remedies, or protections than the rights, remedies, and protections provided under this Act."
Approach: Creates federal private right of action for unauthorized use of personal data in AI training, but explicitly preserves state laws and allows states to impose stricter standards. Establishes a federal floor, not a ceiling.
H.R. 9125 — Sectoral AI Governance Act of 2026
Status: Referred to Judiciary; Oversight and Government Reform (introduced June 3, 2026)
Sponsor: Rep. Sara Jacobs (D-CA-51) Cosponsors (3): Valerie P. Foushee (D-NC), Ted Lieu (D-CA), James R. Walkinshaw (D-VA)
State-Authority Provision (Section 3(h)):
"Non-Preemption — Nothing in this Act shall be construed to preempt or limit the authority of a State to regulate the use of an algorithmic decision-making system, except to the extent that the regulation of such system by a State is in conflict with this Act or a rule issued under this Act."
Approach: Authorizes federal agencies to issue sectoral rules on algorithmic decision-making systems that materially contribute to violations of federal law they enforce. Explicitly preserves state authority except where directly conflicting with federal rules. Requires agency consultation and coordination to minimize conflicts.
Coalition Map
| Position | House Bills | Senate Bills | Party Mix |
|---|---|---|---|
| Preemption | H.R. 5388 (Baumgartner, R-WA, solo); H.R. 9925 (Obernolte, R-CA, 11 cosponsors: 6D/5R) | None | Bipartisan on FRONTIER; Republican-led on Uniformity |
| State Authority | H.R. 9125 (Jacobs, D-CA, 3D cosponsors) | S. 2367 (Hawley, R-MO, 1D/1D cosponsors) | Bipartisan on S. 2367; Democratic-led on H.R. 9125 |
Key Distinctions
H.R. 5388 (Uniformity Act) is the most aggressive preemption: a blanket 5-year freeze on state AI regulation with narrow carve-outs. It has no cosponsors and is stalled in subcommittee.
H.R. 9925 (FRONTIER Act) is narrower but has bipartisan support (11 cosponsors, 6 Democrats). It preempts state law only for "frontier" models above specified compute/revenue thresholds and allows state opt-in to federal reporting. It's the most advanced preemption bill (referred to full committees).
S. 2367 (Hawley) and H.R. 9125 (Jacobs) both preserve state authority. S. 2367 explicitly states it sets a federal minimum floor; H.R. 9125 allows state regulation except where directly conflicting with federal rules. S. 2367 has bipartisan Senate support; H.R. 9125 is Democratic-led in the House.
Sources
Sources
- H.R. 5388 § 4 - American Artificial Intelligence Leadership and Uniformity Act (Congress.gov)
- S. 5054 § 4 - Data Center Tax Accountability and Disclosure Act of 2026 (Congress.gov)
- H.R. 1656 § 5 - PLUS for Veterans Act of 2025 (Congress.gov)
- H.R. 3132 § 7 - CHOICE for Veterans Act of 2025 (Congress.gov)
- S. 4855 (a) - SAFE KIDS Act (Congress.gov)
- H.R. 9925 § 1 - FRONTIER Act (Congress.gov)
- S. 2081 § 1 - RISE Act of 2025 (Congress.gov)
- H.R. 9125 (h) - Sectoral AI Governance Act of 2026 (Congress.gov)
- S. 2367 (a) - AI Accountability and Personal Data Protection Act (Congress.gov)
- S. 4199 (d) - Youth AI Privacy Act (Congress.gov)
- H.R. 10484 § 1 - Covered AI Prohibition Act (Congress.gov)
- H.R. 8516 § 1 - American Leadership in AI Act (Congress.gov)
- S. 2296 § 3 - National Defense Authorization Act for Fiscal Year 2026 (Congress.gov)
- H.R. 9323 § 2 - Department of Advanced Technology and Artificial Intelligence Act (Congress.gov)
- H.R. 10152 § 4 - Open-Source AI Leadership Act (Congress.gov)
- S. Res. 918 § 6 - A resolution establishing the Select Committee on Artificial Intelligence. (Congress.gov)
- S. 321 (d) - Decoupling America's Artificial Intelligence Capabilities from China Act of 2025 (Congress.gov)
- S. 1110 (b) - Leveraging Artificial Intelligence to Streamline the Code of Federal Regulations Act of 2025 (Congress.gov)
- Rep. Trahan, Lori (D-MA) (Congress.gov)
- Rep. Peters, Scott H. (D-CA) (Congress.gov)