Sec. 6. State law preemption; temporary moratorium
360 words·~2 min read·
/bill/119/hr/5388/ih/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. Paragraph
(1)may not be construed to prohibit the enforcement of— any law or regulation that— the primary purpose and effect of which is to— remove legal impediments to, or facilitate the deployment or operation of, an artificial intelligence model, artificial intelligence system, or automated decision system; or streamline licensing, permitting, routing, zoning, procurement, or reporting procedures in a manner that facilitates the adoption of artificial intelligence models, artificial intelligence systems, or automated decision systems; does not impose any substantive design, performance, data-handling, documentation, civil liability, taxation, fee, or other requirement on artificial intelligence models, artificial intelligence systems, or automated decision systems unless such requirement— is imposed under Federal law; or in the case of a requirement imposed under a generally applicable law, is imposed in the same manner on models and systems, other than artificial intelligence models, artificial intelligence systems, and automated decision systems, that provide comparable functions to artificial intelligence models, artificial intelligence systems, or automated decision systems; and does not impose a fee or bond unless— such fee or bond is reasonable and cost-based; and under such fee or bond, artificial intelligence models, artificial intelligence systems, and automated decision systems are treated in the same manner as other models and systems that perform comparable functions; or any provision of a law or regulation to the extent that the violation of such provision carries a criminal penalty. Nothing in this section shall be construed to preempt generally applicable criminal laws of a State or political subdivision thereof. Nothing in this section shall be construed to limit a State or political subdivision from setting performance, security, or other requirements for its own procurement or use of artificial intelligence systems, provided such requirements do not operate as de facto regulations of private parties beyond the government’s role as a market participant.