Oppose the State and Local Moratorium on AI Policymaking

Action Needed

Urge your Members of Congress to oppose any legislation that would create a moratorium on state and local artificial intelligence (AI) policymaking. First introduced as a provision in The One Big Beautiful Bill Act (H.R. 1), the proposed moratorium would have been in place for a period of 10 years and apply to enforcement of all existing and new laws pertaining to artificial intelligence, with select exclusions. The provision was repealed from H.R. 1 after successful advocacy; however, the provision could re-appear as a stand-alone bill at a later point in the 119th Congress. Counties continue to oppose any moratorium on state and local AI policymaking and urge Congress to enact responsible guardrails for AI and GenAI. 

Background

Across the country, county governments have eagerly adopted AI solutions to improve and streamline the delivery of essential public goods and services. From smart transportation to permitting and website optimization, AI is bringing new efficiencies to county government. At the same time, state and local governments have an obligation to protect residents from the adverse side effects of new and emerging technologies, and many states and counties have begun to address the rise of nefarious uses of AI and generative AI. 

A moratorium on AI policy development at the state and local level would stifle the flexible problem-solving that counties bring to addressing emerging technologies in their communities. States and counties are employing a targeted, highly selective regulatory approach to AI that is protecting innovation while combatting nefarious use cases. Preempting this authority in the absence of an existing federal regulatory standard would only expose residents to harm. 

Furthermore, the conditioning of key federal funding sources – such as the Broadband Equity Access and Deployment program – on complying with such a moratorium is not only a large step backwards in the effort to close the digital divide, but would threaten to exacerbate new divides as rural communities relying on federal broadband infrastructure investments could become adversely impacted in the program is disrupted by the moratorium.

Finally, as users of AI, county governments are aware of the benefits added with these novel technologies and the opportunities presented to improve efficiency and enhance services provided to the public. However, counties governments hold and protect sensitive constituent data and are uniquely obligated to protect this data.  As such, counties must maintain the ability to pass meaningful resolutions and partner with their state governments to monitor the safe and responsible deployment of AI, protect constituent data, and safeguard against nefarious uses of technology.

Key Talking Points

• As key intergovernmental partners, counties should not be preempted from the ability to pass meaningful AI guardrails to protect our constituents.
• Generative AI brings vast new efficiencies to the public sector yet creates new risks. Congress should acknowledge the value of the intergovernmental partnership in studying and addressing the high-risk use cases of AI, both now and in the future.