The Wrap for Legal Teams: AI Law Ban - Again; ATC Upgrade Incoming; 317K Feds Left; Task Force Voyager
Quick legal brief for Wednesday, November 26. Four moves with real implications for preemption, procurement risk, employment law, and federal relocation.
AI Law Ban - Again
A bipartisan push is building in Congress to block an artificial intelligence moratorium in the NDAA. Eighty-one House Democrats and more than 280 state legislators are urging GOP leaders to drop the measure after a prior 10-year pause failed in the Senate, 99-1.
Rep. Doris Matsui warned the move would "quietly jam" a policy already rejected and sidestep regular procedures. In the Senate, Ed Markey and Elizabeth Warren said the moratorium would "prevent states from responding" to fast-moving risks and pledged to oppose an NDAA containing the freeze. States note they've enacted roughly 100 AI-related laws across 38 states this year. Former President Donald Trump has voiced support for a moratorium.
Why it matters for counsel
- Watch for express or implied preemption that could curb state consumer protection, labor, and privacy enforcement tied to AI use.
- If a moratorium advances, expect litigation over federalism and the scope of state police powers. Saving clauses and definitions will do the heavy lifting.
- Compliance programs may need dual tracks: state-by-state obligations now, with a potential federal freeze later. Track conference text line-by-line.
NCSL's AI legislation tracker is a useful heat map for state activity.
If you advise on AI governance or policy, you may find curated training by role helpful: AI courses by job.
ATC Upgrade Incoming
The FAA is seeking a common automation platform to replace legacy ATC systems. The centralized solution would handle flight data exchange and aircraft handoffs across airspace. An RFI posted Nov. 20 sets a Dec. 19 response deadline.
Why it matters for counsel
- Procurement will run under the FAA's Acquisition Management System (not strictly the FAR). GAO protest risk still applies-scrutinize evaluation factors and OCI controls early.
- Expect stringent safety, cybersecurity, and data rights terms. Work through IP licensing, software SBOM duties, and continuous update obligations in any down-select.
- For subs, flowdown clarity and export controls (especially if using AI-enabled components) will be key.
Federal Register hosts the RFI notice and deadlines.
317K Feds Left Their Jobs This Year
OPM Director Scott Kupor said 317,000 federal employees have departed this year under the Trump administration, against 68,000 new hires-exceeding the stated goal of four departures per new hire. It's unclear whether the total includes RIFs tied to the recent shutdown that were later rescinded by court order and short-term funding agreements.
Why it matters for counsel
- Expect increased MSPB and EEO activity over separations, particularly where RIF criteria, bump/retreat rights, or redeployments are disputed.
- Audit documentation now: adverse action files, performance records, due process notices, and union consultation logs.
- If agencies used deferred resignation programs, verify voluntary nature, consideration, and any OWBPA requirements for older workers.
Task Force Voyager
U.S. Space Command established Task Force Voyager to coordinate its relocation from Colorado to Alabama. The move, announced Sept. 3, 2025, revives a 2021 plan to base headquarters at Redstone Arsenal. After a 2023 pause over readiness concerns, the transfer is moving ahead, with leadership travel to Huntsville and active coordination across Pentagon and state stakeholders. Officials acknowledge political and legal challenges but are pressing forward.
Why it matters for counsel
- Track NEPA reviews, environmental permitting, and potential APA challenges to siting and sequencing decisions.
- Construction and IT awards will bring bid protest exposure; lock in OCI mitigations and subcontractor disclosures now.
- Personnel moves raise relocation benefits, labor relations, and retention incentives issues. Prepare for mixed status workforces across states during transition.
That's the brief. Keep an eye on conference text for the NDAA, procurement notices on the ATC platform, OPM separation data, and environmental documentation for the Space Command move. The legal risk shifts with the next page of fine print.
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