In the rapidly evolving landscape of artificial intelligence, policymakers face the challenge of balancing innovation with responsible governance. The current regulatory environment, characterized by a multitude of state-level initiatives, raises important questions about the most effective approach to artificial intelligence (AI) oversight in America. On May 13th, the House Energy and Commerce Committee in the United States Congress considered language that would put a 10-year regulatory moratorium on artificial intelligence (AI). Should this language become law, states could not pass new laws specific to AI. That responsibility would clearly fall to Congress.
The first months of 2025 have witnessed an unprecedented surge in legislative activity around AI, with over 1,000 AI-related bills introduced across various state legislatures. This averages to approximately eight new bills daily, creating a complex and potentially fragmented regulatory landscape. This emerging patchwork presents significant challenges. Different states are developing regulations with inconsistent definitions, requirements, and enforcement mechanisms. For example, some proposed legislation would require third-party inspections using varied evaluation metrics depending on the state, while fundamental concepts like “high-risk” systems or even the definition of “artificial intelligence” itself lack standardization across jurisdictions.
A fragmented regulatory approach creates disproportionate burdens across the AI ecosystem and innovation itself. While large, well-established companies can deploy resources to navigate multi-state compliance requirements, smaller innovators and startups face potentially insurmountable barriers. This disparity raises concerns about maintaining a competitive environment that fosters American leadership in AI and technology development. Historical precedent suggests that allowing time for policy development can yield better outcomes. Previous technology-related “learning periods” have provided policymakers with opportunities to gather evidence, understand impacts, and craft more coherent national frameworks. A consistent approach to AI regulation could preserve interstate commerce while still maintaining important protections. Existing laws covering privacy, consumer protection, civil rights, product liability, and other areas continue to apply to AI systems regardless of regulatory approach. Importantly, technology-neutral regulations that apply equally to AI and non-AI systems can address many concerns without creating AI-specific complications.
The optimal approach to AI governance requires balancing multiple priorities:
- Preserving innovation and American competitiveness
- Protecting consumers
- Preventing a fragmented landscape that creates uneven compliance burdens
- Developing evidence-based policies informed by real-world implementation
As the dialogue continues, policymakers face the challenge of creating a regulatory framework that provides clear guidelines without stifling the very innovation that drives the field forward. A thoughtful, coordinated approach that avoids unnecessary fragmentation while maintaining appropriate safeguards may offer the most promising path toward responsible AI development in America.
The decisions made in Congress about AI governance will shape not only the technology itself but also America’s position in an increasingly competitive global landscape where technological leadership remains a critical national priority.