PolicyBrief
H.R. 5388
119th CongressSep 16th 2025
American Artificial Intelligence Leadership and Uniformity Act
IN COMMITTEE

The American Artificial Intelligence Leadership and Uniformity Act establishes a national framework to promote U.S. AI leadership by creating a mandatory action plan while temporarily pausing state and local regulation of interstate AI systems.

Michael Baumgartner
R

Michael Baumgartner

Representative

WA-5

LEGISLATION

Federal AI Bill Puts 5-Year Freeze on State Regulation to Boost National Tech Leadership

If you’ve been following the policy world, you know Artificial Intelligence (AI) regulation is the new hot topic. The American Artificial Intelligence Leadership and Uniformity Act is the federal government’s attempt to get ahead of the curve, and it’s doing so with a massive move: hitting the pause button on state-level rules.

The National AI Blueprint: Why Your State Can’t Regulate (Yet)

The core of this bill is Section 6, which establishes a five-year temporary moratorium on state and local governments regulating AI models or automated decision systems that operate across state lines. Think of it as a five-year federal safe harbor for AI developers. The idea, as laid out in the bill’s findings (Sec. 3), is to prevent a confusing, state-by-state patchwork of rules that could stifle innovation and scare off investment, especially for smaller companies trying to scale nationally.

For five years, your state or city can’t impose new requirements on how AI is designed, performs, or handles data if that AI is used in interstate commerce. The only state rules that survive this pause are those that are either meant to actively help AI deployment (like streamlining zoning for data centers) or rules that apply equally to both AI and non-AI systems. For instance, if a state has a general safety law for all complex machinery, it can apply that to an AI system. But it can’t create a special, tougher safety rule just for AI.

What Does This Mean for Everyday Life?

This preemption is a big deal because it shifts power away from local communities. Say a state wanted to pass a strict law about using AI in hiring tools to prevent bias, or a city wanted to regulate how AI-powered surveillance systems operate. Under this bill, if those systems touch interstate commerce (which most software does), local governments are blocked from acting for half a decade. This means that if you, as a consumer, have a problem with an AI system—say, a bank’s automated decision system denies your loan—you might have to wait for federal rules to catch up, as your state’s ability to step in is severely limited.

The Federal Plan: Cutting Red Tape and Setting Standards

While states are sidelined, the federal government is supposed to be busy. Section 5 mandates the creation of a National Artificial Intelligence Action Plan within 30 days of the bill becoming law, with annual updates required thereafter. This plan is meant to be comprehensive, focusing on cutting red tape, setting national security standards aligned with bodies like NIST, and helping small businesses access AI resources.

Crucially, this plan also requires a review of existing AI-related Executive Orders (like EO 14110) to see if they conflict with this new policy framework. If they do, the agency head must suspend or change the conflicting action. This provision could potentially dismantle existing federal guidance or protections if they’re deemed too restrictive on innovation, which raises a flag about whether the drive for “uniformity” might override existing safety measures.

The Catch: Federal Agencies Can’t Write New Rules

Here’s the interesting twist: while the bill creates a massive federal policy framework, Section 7 specifically says this Act does not give federal agencies any new power to create detailed rules about the design, performance, or data handling of AI models, unless they already had that authority before this law passed. Essentially, Congress is establishing a national policy and pressing pause on the states, but it’s simultaneously telling federal regulators, “Don’t get any ideas about writing new technical rules.”

This creates a scenario where the U.S. is prioritizing speed and innovation by blocking state regulation for five years, but it’s also limiting the federal government’s ability to quickly fill that regulatory gap with comprehensive, technology-specific rules. The hope is that industry standards and existing laws will be enough, but it leaves a lot of room for uncertainty about who, exactly, will be keeping AI in check during this five-year moratorium.