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House Republicans tucked the measure into a section ordering the Commerce Department to deploy funds to “modernize and secure Federal information technology systems through the deployment of commercial artificial intelligence.” The measure has remained largely unchanged since its consideration by the House Energy and Commerce Committee earlier this month, though lawmakers on the House Committee on Rules recently added an exemption so that the moratorium would not apply to the enforcement of any law that “carries a criminal penalty.”

Widely rejected by Democrats, the push is also facing opposition from some Senate Republicans, who would largely need to unite on the legislation to get it passed. At a Senate hearing Wednesday, Sen. Marsha Blackburn (R-TN) poured cold water on the idea, expressing concern that the bill would override legislation to protect artists from deepfakes in her state.

“Speaking to the states and their actions, I do want to mention that Tennessee passed the ELVIS Act, which is like our first generation of the NO FAKES Act,” said Blackburn, “And we certainly know that, in Tennessee, we need those protections, and until we pass something that is federally preemptive, we can't call for a moratorium on those things.”

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