WHAT’S AT STAKE
The moratorium would block states from enforcing their own laws on AI accountability, deepfakes, consumer protection, energy policy, discrimination, and data rights. Tennessee’s ELVIS Act is a prime example. For ten years — or five years in the “softened” version — the federal government would force states to stand down while some of the most richest and powerful monopolies in commercial history continue deploying models trained on unlicensed works, scraped data, personal information, and everything in between. Regardless of whether it is ten years or five years, either may as well be an eternity in Tech World. Particularly since they don’t plan on following the law anyway with their “move fast and skip things” mentality.

99-1/2 just won’t do—Remember the AI moratorium that was defeated 99-1 in the Senate during the heady days of the One Big Beautiful Bill Act? We said it would come back in the must-pass National Defense Authorization Act and sure enough that’s exactly where it is courtesy of Senator and 2028 Presidential hopefull Ted Cruz (fundraising off of the Moratorium no doubt for his “Make Texas California Again” campaign) and other Big Tech sycophants according to a number of sources including Politico and the Tech Policy Press:
It…remains to be seen when exactly the moratorium issue may be taken up, though a final decision could still be a few weeks away.
Congressional leaders may either look to include the moratorium language in their initial NDAA agreement, set to be struck soon between the two chambers, or take it up as a separate amendment when it hits the floor in the House and Senate next month.
Either way, they likely will need to craft a version narrow enough to overcome the significant opposition to its initial iterations. While House lawmakers are typically able to advance measures with a simple majority or party-line vote, in the Senate, most bills require 60 votes to pass, meaning lawmakers must secure bipartisan support.
The pushback from Democrats is already underway. Sen. Brian Schatz (D-HI), an influential figure in tech policy debates and a member of the Senate Commerce Committee, called the provision “a poison pill” in a social media post late Monday, adding, “we will block it.”
Still, the effort has the support of several top congressional Republicans, who have repeatedly expressed their desire to try again to tuck the bill into the next available legislative package.
In Washington, must-pass bills invite mischief. And right now, House leadership is flirting with the worst kind: slipping a sweeping federal moratorium on state AI laws into the National Defense Authorization Act (NDAA).
This idea was buried once already — the Senate voted 99–1 to strike it from Trump’s earlier “One Big Beautiful Bill.” But instead of accepting that outcome, Big Tech trying to resurrect it quietly, through a bill that is supposed to fund national defense, not rewrite America’s entire AI legal structure.
The NDAA is the wrong vehicle, the wrong process, and the wrong moment to hand Big Tech blanket immunity from state oversight. As we have discussed many times the first time around, the concept is probably unconstitutional for a host of reasons and will no doubt be immediately challenged.
AI Moratorium Lobbying Explainer for Your Electric Bill
Here are the key shilleries pushing the federal AI moratorium and their backers:
| Lobby Shop / Organization | Supporters / Funders | Role in Pushing Moratorium | Notes |
| INCOMPAS / AI Competition Center (AICC) | Amazon, Google, Meta, Microsoft, telecom/cloud companies | Leads push for 10-year state-law preemption; argues moratorium prevents ‘patchwork’ laws | Identified as central industry driver |
| Consumer Technology Association (CTA) | Big Tech, electronics & platform economy firms | Lobbying for federal preemption; opposed aggressive state AI laws | High influence with Commerce/Appropriations staff |
| American Edge Project | Meta-backed advocacy org | Frames preemption as necessary for U.S. competitiveness vs. China; backed moratorium | Used as indirect political vehicle for Meta |
| Abundance Institute | Tech investors, deregulatory donors | Argues moratorium necessary for innovation; publicly predicts return of moratorium | Messaging aligns with Silicon Valley VCs |
| R Street Institute | Market-oriented donors; tech-aligned funders | Originated ‘learning period’ moratorium concept in 2024 papers by Adam Thierer | Not a lobby shop but provides intellectual framework |
| Corporate Lobbyists (Amazon/Google/Microsoft/Meta/OpenAI/etc.) | Internal lobbying shops + outside firms | Promote ‘uniform national standards’ in Congressional meetings | Operate through and alongside trade groups |
PARASITES GROW IN THE DARK: WHY THE NDAA IS THE ABSOLUTE WRONG PLACE FOR THIS
The National Defense Authorization Act is one of the few bills that must pass every year. That makes it a magnet for unrelated policy riders — but it doesn’t make those riders legitimate.
An AI policy that touches free speech, energy policy and electricity rates, civil rights, state sovereignty, copyright, election integrity, and consumer safety deserves open hearings, transparent markups, expert testimony, and a real public debate. And that’s the last thing the Big Tech shills want.
THE TIMING COULD NOT BE MORE INSULTING
Big Tech is simultaneously lobbying for massive federal subsidies for compute, federal preemption of state AI rules, and multi-billion-dollar 765-kV transmission corridors to feed their exploding data-center footprints.
And who pays for those high-voltage lines? Ratepayers do. Utilities that qualify as political subdivisions in the language of the moratorium—such as municipal utilities, public power districts, and cooperative systems—set rates through their governing boards rather than state regulators. These boards must recover the full cost of service, including new infrastructure needed to meet rising demand. Under the moratorium’s carve-outs, these entities could be required to accept massive AI-driven load increases, even when those loads trigger expensive upgrades. Because cost-of-service rules forbid charging AI labs above their allocated share, the utility may have no choice but to spread those costs across all ratepayers. Residents, not the AI companies, would absorb the rate hikes.
States must retain the power to protect their citizens. Congress has every right to legislate on AI. But it does not have the right to erase state authority in secret to save Big Tech from public accountability.
A CALL TO ACTION
Tell your Members of Congress:
No AI moratorium in the NDAA.
No backroom preemption.
No Big Tech giveaways in the defense budget.








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