Senate Parliamentarian Clears GOP Plan to Deny Access to Broadband Funding for States That Regulate AI

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States would have to avoid regulating AI for 10 years to receive federal broadband funding under the proposal.

Senate Parliamentarian Elizabeth MacDonough announced on June 21 that the Republican-backed measure to put a temporary block on statesโ€™ regulation of artificial intelligence (AI) can remain in the One Big Beautiful Bill. 

This means that the billโ€™s proposal to restrain state AI laws for 10 years can be part of Congressโ€™s reconciliation process and could be passed with a simple majority. 

Under the proposal, states that want access to federal funding from the Broadband Equity, Access, and Deployment (BEAD) program would be prohibited from regulating AI at a state level till 2035. 

Should the measure pass, states that adhere to the nonregulation policy would have access to a portion of the $500 million headed to the Department of Commerce for the modernization and security of information technology systems.

The announcement came alongside advice from the parliamentarian that a number of other provisions in the bill would be subject to a 60-vote threshold, rather than a simple majority, if included in the bill. These include several immigration measures, among other provisions. 

This AI policy, which originates from the Senate Commerce Committee and Chairman Ted Cruz (R-Texas), is a change from the House version of the bill. 

The House-passed legislation had a 10-year ban on any current or future AI regulations by the states. The Senateโ€™s addition included a proposal to deny states federal funding for broadband projects if they regulate AI.

โ€œThese provisions fulfill the mandate given to President Trump and Congressional Republicans by the voters: to unleash Americaโ€™s full economic potential and keep her safe from enemies,โ€ Cruz said after the text was unveiled on June 19.

Opposition to the Measure

A group of Democratic senators from the Senate Committee on Commerce, Science, and Transportation voiced objection to the billโ€™s AI policy in a June 11 letter to Cruz.

In their letter, the senators also took issue with the AI moratorium in the commerce title of the bill, saying, โ€œThe AI moratorium proposal tramples statesโ€™ rights and holds the $42 billion BEAD program hostage, further delaying the broadband Americans desperately need.โ€

By Savannah Hulsey Pointer

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