Washington (December 8, 2025) - Senator Edward J. Markey (D-Mass.) released the following statement after President Donald Trump announced plans to bypass Congress and sign an Executive Order to preempt state regulation of artificial intelligence (AI). Trump’s announcement comes after the release of the National Defense Authorization Act (NDAA) for Fiscal Year 2026, which excludes language preempting state regulation of AI.

“After yet again failing to convince Congress to pass its extreme proposal to block state AI regulation, Big Tech is turning to the politician it knows is open for business: Donald Trump. Trump’s plan to issue an Executive Order attempting to block state AI regulation would be an early Christmas present for his CEO billionaire buddies. With a few strokes of his pen, Trump would sell out our kids, workers, planet, and communities to help finance his new golden ballroom. This decision would be irresponsible, shortsighted, and an assault on states’ ability to safeguard their constituents.

“I will continue to lead a bipartisan coalition to fight any attempt to strip states of their right to protect their citizens. We defeated the AI moratorium last summer, 99-1. This week, we defeated Big Tech’s lobbying to attach the moratorium to the defense bill. We’ll defeat Trump’s Executive Order, too.”

Senator Markey has been a leading voice against a moratorium on state AI regulations.

• On November 20, Senator Markey and Senator Elizabeth Warren (D-Mass) sent a “Dear Colleague” letter calling on Senate Democrats to stand united and commit to opposing the NDAA if it were to include the AI regulation moratorium.
• On July 1, the U.S. Senate voted 99-1 in favor of an amendment led by Senator Markey, Senator Maria Cantwell (D-Wash.), and Senator Marsha Blackburn (R–Tenn.) to strip a ten-year moratorium on state AI regulations from the Republican budget reconciliation bill.

• On June 30, Senator Markey introduced an amendment with Senator Cantwell to strip the entire provision prior to introducing the same amendment with Senator Cantwell and Senator Blackburn on July 1.

• On June 10, Senator Markey announced his plans to file an amendment to the Senate reconciliation bill to block Republicans’ attempt to prevent states from regulating artificial intelligence (AI) for the next 10 years.

• On June 4, Senator Markey convened a virtual roundtable with advocates to discuss the impacts this ban would have on communities across the country.

• On June 3, Senator Markey delivered remarks on the Senate floor opposing the provision in the House-passed reconciliation bill that would prevent states from regulating AI for the next ten years.

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