LEXINGTON, Ky. (May 19, 2025) — The Council of State Governments (CSG), the nation’s only organization serving all three branches of state government, expresses strong concern regarding the proposed 10-year moratorium on state artificial intelligence (AI) legislation included in the Energy and Commerce Committee’s reconciliation measure. If enacted, this provision would represent a significant federal overreach into an area where states have consistently demonstrated leadership, innovation and bipartisan action.
States across the country are proactively engaging with the opportunities and challenges presented by artificial intelligence. Legislatures in both red and blue states have introduced and enacted thoughtful, targeted laws to address AI’s implications for privacy, employment, transparency, education and public safety. These efforts reflect the diverse needs and priorities of individual states and their residents, which are hallmarks of our federalist system.
A decade-long federal prohibition on state-level AI policymaking would undermine state sovereignty at a critical moment in the evolution of this technology. It would limit states’ ability to respond to emerging risks, adapt to local circumstances, and innovate in ways that can inform and complement federal policy. Such a moratorium risks stalling meaningful progress where it is most urgently needed.
States serve as laboratories of democracy, and their early action on AI reflects both prudence and foresight. Ensuring the United States remains a global leader in the responsible development and use of AI will require strong partnerships across all levels of government, including the continued innovation and agility of state leaders. Federal policymakers should support these efforts by recognizing the critical role that state governments play in shaping effective, responsible and responsive AI governance.
CSG urges Congress to remove this moratorium from the final legislation and reaffirm the rights of states to legislate in a manner that best serves their constituents. We look forward to continued collaboration with Congress, federal agencies and the technology industry to ensure the ethical and effective use of AI across all levels of government.