American Artificial Intelligence Leadership and Uniformity Act

Bill Number: H.R. 5388
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Government Operations and Politics
Status: Introduced
Latest Action: 2025-12-19: Referred to the Subcommittee on Oversight and Investigations.
Last Updated: 2026-05-16T08:07:03Z

AI-Generated Summary

Purpose of the Legislation

The "American Artificial Intelligence Leadership and Uniformity Act" (H.R. 5388) seeks to maintain U.S. global leadership in artificial intelligence (AI) by establishing a unified national approach. It requires the development of a federal action plan to promote AI innovation and security, while imposing a temporary five-year moratorium on certain state laws that could restrict AI technologies involved in interstate commerce (trade across state lines). This aims to reduce regulatory confusion and support economic growth without overly burdening businesses.

Key Provisions

Definitions:
Artificial Intelligence (AI): Refers to the definition in the 2020 National AI Initiative Act, covering systems that perform tasks requiring human-like intelligence.
AI Model: A software component using techniques like machine learning to generate outputs from inputs.
AI System: Any hardware or tool that incorporates AI.
Automated Decision System: A process using AI or data analytics to influence or replace human decisions, such as scoring or recommendations.

Findings: Congress recognizes AI's potential to transform industries, work, and global power dynamics. It highlights U.S. leadership through innovation but notes challenges like inconsistent state rules that burden businesses, especially small ones, and the need for clear federal definitions and standards.

Policy Statements: Emphasizes U.S. AI dominance for national security and economic competitiveness. Promotes a flexible, sector-specific (industry-focused) regulatory approach that is technology-neutral (not targeting AI alone). Calls for a permissive environment to foster AI development, minimize burdens on small businesses, and use precise, time-limited federal overrides of state laws.

National AI Action Plan:
Must be developed by the President (through key advisors like the Science and Technology Policy director) and submitted to Congress within 30 days of enactment, with annual updates.
Contents include:
Removing federal, state, and local barriers to AI (e.g., simplifying permits or procurement).
Setting goals and timelines for AI research, testing, adoption in government, and risk management aligned with standards from the National Institute of Standards and Technology (NIST, a federal body that develops tech guidelines).
Strengthening AI-related security for infrastructure, national defense, supply chains, and incident reporting.
Supporting small businesses with access to AI resources like data and computing power.
Metrics for progress and interagency coordination.
Requires review of recent executive orders (e.g., on safe AI development and removing barriers) to ensure consistency; agencies must suspend or revise conflicting actions.
Identifies conflicting state laws and recommends adjustments to the moratorium, such as extensions or clarifications.

State Law Preemption and Moratorium:
For five years, states and localities cannot enforce laws restricting AI models, systems, or automated decision systems in interstate commerce.
Exceptions allow enforcement of:
Laws that facilitate AI deployment (e.g., streamlining permits) without imposing new design, data, or liability rules unless required by federal law or applied equally to non-AI technologies.
Reasonable, cost-based fees treated equally for AI and similar tech.
Criminal penalties under general laws (not AI-specific).
Does not affect states' own procurement rules for government use of AI, as long as they don't regulate private parties indirectly.
Preserves general state criminal laws.

General Rule of Construction: The bill does not grant federal agencies new powers to regulate AI design, performance, or liability beyond existing laws, nor does it limit enforcement of neutral criminal or other general laws.

Significant Changes to Existing Law

Federal Preemption of State Laws: Introduces a novel five-year nationwide pause on state-level AI regulations targeting models, systems, or automated decisions in interstate commerce, overriding the current "patchwork" of state rules. This is time-limited and precise to avoid broad overreach.
Mandatory Federal Planning: Requires a comprehensive, actionable AI strategy and annual updates, building on but potentially revising prior executive actions (e.g., Executive Orders 14110 and 14179 on AI safety and leadership).
Alignment with Standards: Mandates tying federal AI governance to evolving NIST frameworks, promoting consistency where none existed federally for preempting states.
No new federal substantive regulations are authorized, maintaining a "light-touch" approach compared to potential heavier state interventions.

Potential Impacts

Government Agencies: Increases coordination among federal bodies (e.g., Office of Science and Technology Policy, National Security Council) for AI planning and policy reviews, potentially leading to streamlined procurement and reduced internal conflicts. States lose enforcement power over certain AI rules temporarily, shifting focus to federal guidance.
Citizens and Businesses: Reduces regulatory uncertainty, enabling faster AI adoption in industries like healthcare, finance, and manufacturing. Small businesses benefit from lower compliance costs and better access to AI tools, fostering innovation and job creation. Citizens may see broader AI benefits (e.g., improved services) but with delayed state-specific protections against AI risks like bias.
International Relations: Bolsters U.S. competitiveness against global rivals (e.g., China) by prioritizing innovation and security, potentially influencing international AI standards and trade. Could strain federal-state relations domestically but project U.S. leadership abroad.

Main Stakeholders Affected

Federal Government: Key agencies (e.g., OSTP, OMB, NIST, defense departments) responsible for plan development and execution.
State and Local Governments: Limited in regulating private AI use during the moratorium, though they retain criminal enforcement and procurement rights.
Private Sector: AI developers, tech firms, and small businesses gain from reduced barriers and preemption, enabling interstate operations without state-by-state compliance.
Academia and Research Institutions: Benefit from federal goals for AI R&D funding, testing, and resource access.
General Public: Indirectly affected through economic growth, job shifts from AI, and national security enhancements, with potential trade-offs in localized AI oversight.

Notable Legal, Constitutional, or Political Implications

Legal: The preemption clause relies on the Commerce Clause of the U.S. Constitution (giving Congress power over interstate trade), but its scope could spark lawsuits over what qualifies as "interstate commerce" or exceptions, emphasizing precise definitions to minimize ambiguity.
Constitutional: Raises federalism concerns by temporarily limiting state authority, balancing national uniformity against states' traditional regulatory roles; the time limit (five years) and exceptions mitigate overreach.
Political: Promotes a pro-innovation stance, appealing to business interests, but may face criticism for pausing state protections (e.g., on AI privacy or discrimination). The review of executive orders signals potential shifts in AI policy direction, influencing partisan debates on regulation versus deregulation. Annual reporting ensures accountability to Congress.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Baumgartner, Michael [R-WA-5]

Recent Actions

2025-12-19: Referred to the Subcommittee on Oversight and Investigations.
2025-09-17: Referred to the Subcommittee on Cybersecurity and Infrastructure Protection.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Referred to the Committee on Science, Space, and Technology, and in addition to the Committees on Foreign Affairs, Armed Services, Homeland Security, Oversight and Government Reform, the Judiciary, Energy and Commerce, Small Business, Education and Workforce, Financial Services, Veterans' Affairs, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
2025-09-16: Introduced in House

Bill Versions

American Artificial Intelligence Leadership and Uniformity Act — issued 2025-09-16 — PDF (13 pages)