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White House and Congress negotiate federal AI preemption in exchange for kids safety and deepfake rules


The White House is in active negotiations with lawmakers in the United States Congress over a potential federal framework that would reshape how artificial intelligence is regulated at the state level, in exchange for new national policies focused on online safety for children, deepfake protections, and safeguards for creators.

At the center of the talks is a push for federal preemption of certain state AI regulations. The effort is being led on Capitol Hill by Sen. Marsha Blackburn, whose spokesperson said she is “spearheading” negotiations with the White House to finalize legislative text for an AI preemption package. According to the spokesperson, the proposal would also include “protections for kids, creators, and communities.”

The emerging package is expected to move through a combination of long-debated technology and online safety measures, including provisions tied to the Senate version of the Kids Online Safety Act. That bill has been a focal point of congressional debate over social media accountability and youth protections. In addition, lawmakers are looking to incorporate the No Fakes Act, which aims to protect artists and public figures from AI-generated impersonation and deepfakes.

Another contentious component under discussion is age verification requirements for online platforms, an issue that has long divided lawmakers, technology companies, and digital rights advocates.

The White House has pursued some form of federal AI preemption for more than a year, but previous attempts to advance legislation in both chambers of Congress stalled. The current negotiations aim to replace a patchwork of state-level AI rules with a more unified federal approach, though only in narrowly defined subject areas.

According to Blackburn’s spokesperson, the proposal would involve “subject-matter preemption,” rather than what they described as a “blanket preemption of all laws regulating AI or kids safety.” Under that structure, states would be restricted only from enacting laws that overlap directly with the specific topics covered in the federal package.

The talks follow the recent release of a bipartisan draft framework from Reps. Jay Obernolte and Lori Trahan. Their proposal would temporarily override certain state AI regulations for three years, particularly those targeting AI model development, while still allowing states to regulate how systems are used after deployment.

Despite growing momentum, the path forward remains uncertain. Lawmakers face limited legislative time in the current Congress, and divisions persist both within and between parties. AI safety advocates have also raised concerns about the scope and impact of federal preemption, adding further complexity to already difficult negotiations.

As discussions continue between the White House and Congress, the outcome could significantly shape the balance of power between federal and state authority in regulating artificial intelligence across the United States.