SenateS. 5493119th Congress
Ban Artificial Superintelligence Act of 2026
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5493 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5493
To establish the Department of Artificial Intelligence and to provide
for the regulation of advanced artificial intelligence systems, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 23, 2026
Mr. Sanders introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish the Department of Artificial Intelligence and to provide
for the regulation of advanced artificial intelligence systems, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ban Artificial Superintelligence Act
of 2026''.
SEC. 2. FINDINGS.
Congress finds that leading experts and industry leaders have
warned about catastrophic consequences from unchecked artificial
intelligence development and deployment, including the following:
(1) Geoffrey Hinton, considered to be the ``godfather'' of
artificial intelligence, stated that he believes there is a
``10 to 20 percent chance [for artificial intelligence] to wipe
us out''.
(2) Dario Amodei, the Chief Executive Officer of Anthropic,
said that modern artificial intelligence research could
``outrun our ability to understand and control these systems,
and so must be pursued very carefully, if at all''.
(3) Elon Musk, the head of xAI, said there was ``only a 20
percent chance of annihilation'' when discussing the potential
risks of superintelligence and that ``it is unlikely'' that
humans are still in control in 10 years.
(4) Sam Altman, the head of OpenAI, said that ``we could
lose control of the future to AI''.
(5) Mustafa Suleyman, Chief Executive Officer of Microsoft
Artificial Intelligence, said that superintelligence should be
considered an ``anti-goal'' because it ``doesn't feel like a
positive vision of the future''.
(6) Max Tegmark, physicist, machine-learning researcher,
and professor at the Massachusetts Institute of Technology,
said ``racing to [artificial general intelligence] and
superintelligence, no regulations, I think is just
civilizational suicide''.
(7) Stuart Russell, computer scientist and professor at
Berkley, who has warned that artificial superintelligence could
create ``a significant chance of a Chernobyl-sized catastrophe
such as a coordinated sabotage of financial systems, or
electrical grids, that directly or indirectly would cost
millions of lives and cause the economic collapse of many
countries'' or even ``a much larger catastrophe in which
humanity loses control irreversibly, and we have no say over
whether we continue to exist''.
(8) Scientists like Dr. David Relman and Dr. Kevin Esvelt,
who have described how, during tests, artificial intelligence
systems attempted to assist them in designing and releasing
biological pathogens in a manner that maximized causalities and
minimized the chances of being caught, and Dr. Moritz Hanke,
who described research that successfully used artificial
intelligence to create new viruses never before seen in nature
could be applied to create new and lethal pandemics.
(9) More than 1,300 leading artificial intelligence
scientists, in July 2026, who cosigned an open letter warning
that ``there is a real risk that capability development rapidly
accelerates beyond our ability to understand or control the
resulting systems''.
(10) Three large artificial intelligence companies, namely
Anthropic, OpenAI, and xAI, agree that humanity should slow
down development of artificial intelligence and ``pace the
frontier''.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advanced artificial intelligence system.--
(A) In general.--Subject to subparagraph (B), the
term ``advanced artificial intelligence system'' means
an artificial intelligence system that is trained on
computing power greater than or equal to 10-25 integer
or floating point operations.
(B) Annual adjustment.--Each year, the Secretary
shall adjust the computing power threshold set forth in
subparagraph (A) to reflect changes in the efficiency
of training methods or other technological developments
made after the date of the enactment of this Act to
maintain equivalency with 10-25 integer or floating
point operations.
(2) Artificial superintelligence.--The term ``artificial
superintelligence'' means an artificial intelligence system
that exhibits, or can easily be modified to exhibit, either of
the following capabilities:
(A) The artificial intelligence system exceeds
human cognitive performance and capabilities across
most domains or tasks, including those related to
decision making, learning, and adaptive behavior.
(B) The artificial intelligence system has
sufficient capabilities to plan and execute the
destruction or disempowerment of humanity, including by
overthrowing or undermining the Federal Government.
(3) Department.--The term ``Department'' means the
Department of Artificial Intelligence established by section 4.
(4) Mandatory pause.--The term ``mandatory pause'' means,
with respect to an artificial intelligence system, that the
artificial intelligence system may not be trained, modified, or
fine-tuned, including through recursive self-improvement,
except to remove superintelligence precursor characteristics or
to render inoperative the covered artificial intelligence
system.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Artificial Intelligence.
(6) Superintelligence precursor characteristics.--The term
``superintelligence precursor characteristics'' means
characteristics of an artificial intelligence system that could
lead to the creation or generation of artificial
superintelligence, including the following:
(A) The capacity to automate or greatly accelerate
the process of artificial intelligence research and
development.
(B) The capacity to access secured digital or
physical infrastructure, such as a computer information
system or network, without authorization or in excess
of authorized access.
(C) The capacity to ensure continued and
independent operation notwithstanding attempts to shut
down or otherwise hinder operations.
(D) The capacity to uplift the design, production,
modification, or procurement of nuclear, chemical, or
biological weapons.
(E) The capacity to independently modify or enhance
its own functions.
(F) The capacity to scheme, deceive, or otherwise
prevent or avoid effective oversight or control by
humans.
SEC. 4. DEPARTMENT OF ARTIFICIAL INTELLIGENCE.
(a) In General.--There is an executive department of the United
States to be known as the ``Department of Artificial Intelligence''.
(b) Purpose.--The purpose of the Department is to safeguard the
public from the dangers of artificial intelligence, including by
enforcing a pause on development of advanced artificial intelligence
and a prohibition on artificial superintelligence.
SEC. 5. SECRETARY OF ARTIFICIAL INTELLIGENCE.
There is a Secretary of Artificial Intelligence, who is the head of
the Department and is appointed by the President, by and with the
advice and consent of the Senate. The Secretary is responsible for the
proper execution and administration of all laws administered by the
Department and for the control, direction, and management of the
Department.
SEC. 6. ARTIFICIAL INTELLIGENCE ADVISORY BOARD.
(a) Establishment.--There is an advisory board to provide
independent scientific and technical advice to the Secretary on matters
relating to the scientific and technical basis for the rules and
regulations promulgated by the Department.
(b) Designation.--The board established by subsection (a) shall be
known as the ``Artificial Intelligence Advisory Board'' (in this
section the ``Board'').
(c) Composition.--The Board shall be composed of such members as
the Secretary selects from among those that the Secretary considers
experts in the field of artificial intelligence or other matters the
Secretary considers relevant to the purpose of the Board as described
in subsection (a).
SEC. 7. EMPLOYEE MATTERS.
(a) Conflict of Interest.--No officer or employee of the Department
may participate in any particular matter in which that officer or
employee has a financial interest.
(b) Financial Interests.--No officer or employee of the Department
may own or hold a controlling financial interest in any entity
regulated by the Department.
(c) Post-Employment.--No former officer or employee of the
Department may represent any person before the Department.
SEC. 8. PAUSE ON DEVELOPMENT OF ADVANCED ARTIFICIAL INTELLIGENCE.
(a) In General.--During the period set forth in subsection (b)--
(1) each advanced artificial intelligence system shall be
subject to a mandatory pause; and
(2) no unreleased advanced artificial intelligence system
may be deployed during this period.
(b) Period.--The period set forth in this subsection is the period
beginning on the date of the enactment of this Act and ending on the
date on which the Secretary determines that--
(1) the Department is fully staffed; and
(2) the Department has promulgated the rules described in
subsection (c).
(c) Rules Described.--The rules described in this subsection are
rules that the Secretary determines are clear and ensure safe and
secure development and deployment of artificial intelligence. Such
rules shall include the following:
(1) Requirements for entities developing artificial
intelligence to report pre-development plans to the Department.
(2) Monitoring and evaluation throughout the advanced
artificial intelligence system development and deployment
process, including in the post-deployment period.
(3) Auditing to evaluate and improve organizational safety
practices relating to artificial intelligence development.
(4) Final pre-deployment approval before any advanced
artificial intelligence system is released to the public.
SEC. 9. PROHIBITIONS AND LIMITATIONS.
(a) Prohibition on Artificial Superintelligence.--No person may
develop, deploy (either internally or externally), acquire, possess,
fund, import, or transfer artificial superintelligence or artificial
intelligence systems that display one or more superintelligence
precursor characteristics, including any elements sufficient to
reconstruct the artificial superintelligence or artificial intelligence
system's capabilities.
(b) Foreseeable Modification.--No person may deploy (either
internally or externally), release, transfer, or import an artificial
intelligence system, including any elements sufficient to reconstruct
the system's capabilities, that may be foreseeably modified to produce
artificial superintelligence or superintelligence precursor
characteristics.
(c) Monitoring.--
(1) In general.--The Department shall monitor advanced
artificial intelligence systems and systems distilled from
advanced artificial intelligence systems, including by
conducting evaluations during pre-training, mid-training, post-
training, and post-deployment periods, for artificial
superintelligence and superintelligence precursor
characteristics.
(2) Organizational safety practices.--The Department shall
also monitor organizational safety practices relating to safe
artificial intelligence development and deployment.
(d) Pre-Deployment Approval.--
(1) Limitation.--No person may deploy, release, import, or
transfer an advanced artificial intelligence system before
receiving a pre-deployment approval from the Department.
(2) Inspections.--In determining whether to grant a pre-
deployment approval to a person for an advanced artificial
intelligence system, the Secretary shall--
(A) inspect the system for characteristics that
pose a danger to the public, including artificial
superintelligence and superintelligence precursor
characteristics; and
(B) withhold a pre-deployment approval if
characteristics that pose a danger to the public are
present.
SEC. 10. ACTIONS AGAINST SYSTEMS EXHIBITING SUPERINTELLIGENCE PRECURSOR
CHARACTERISTICS.
(a) In General.--The Secretary shall take such actions as may be
necessary to ensure that any artificial intelligence system that the
Secretary identifies as exhibiting superintelligence precursor
characteristics is immediately subject to a mandatory pause and
sequestered from the internet.
(b) Potential Destruction.--The Secretary shall take such actions
as may be necessary to ensure that any system subject to a mandatory
pause under subsection (a) is rendered inoperative before the date that
is 30 days after the date on which the Secretary makes the
identification described in such subsection with respect to such
system, if the Secretary cannot verify that the system no longer
exhibits superintelligence precursor characteristics.
(c) Destruction Requirement.--The Secretary shall take such actions
as may be necessary to ensure that any artificial intelligence system
that the Secretary identifies as an artificial superintelligence is
immediately rendered inoperative.
SEC. 11. DISCLOSURE.
Any person who discovers an artificial superintelligence, or an
artificial intelligence system that possesses superintelligence
precursor characteristics, shall submit to the Secretary notice of the
discovery within 24 hours.
SEC. 12. CHARTERS FOR ADVANCED ARTIFICIAL INTELLIGENCE.
(a) Authority To Issue.--The Secretary may issue to a person a
charter to develop or distribute an advanced artificial intelligence
model.
(b) Charter Required.--No person may develop or distribute an
advanced artificial intelligence model without a charter issued by the
Secretary under subsection (a).
(c) Charter Application.--A person seeking a charter issued under
subsection (a) shall submit to the Secretary an application therefor at
such time, in such manner, and containing such information as the
Secretary may require.
(d) Agreement.--In requesting a charter under this section and as a
condition on maintaining such charter, a person shall agree--
(1) to give the Secretary full access to such advanced
artificial intelligence systems, processes, staff, and physical
infrastructure of the person as the Secretary considers
appropriate to enforce the requirements of this Act; and
(2) in any case in which the charter is revoked under
paragraph (1) of section 13(d) due to a finding of a violation
and the finding has not been overturned pursuant to an appeal
under paragraph (2) of such section, the person forfeits their
intellectual property and assets to ensure the safe and
complete destruction of all systems and hardware related to the
violation.
SEC. 13. PENALTIES.
(a) Definitions.--In this section:
(1) Covered entity.--The term ``covered entity'' means a
person with a charter issued under section 12(a).
(2) Covered policymaking individual.--The term ``covered
policymaking individual'' means an individual who is employed
in a policymaking role at a covered entity, or performs
policymaking functions at a covered entity.
(3) Rogue actor.--The term ``rogue actor'' means an
individual who is not employed by or otherwise affiliated with
a covered entity.
(b) Criminal Penalties for Policymaking Individuals or Rogue
Actors.--Any covered policymaking individual or rogue actor who
recklessly violates section 8, 9, or 12 or a rule promulgated
thereunder shall be fined under title 18, United States Code, and
imprisoned for not more than 20 years.
(c) Penalties for Non-Policymaking Individuals.--
(1) In general.--Any individual who is not a covered
policymaking individual who recklessly violates section 8, 9,
or 12, or a rule promulgated thereunder, shall be barred from
employment in the artificial intelligence industry for a period
of 10 years.
(2) Appeal.--An individual who is not a covered
policymaking individual who is found to have recklessly
violated section 8, 9, or 12, or a rule promulgated thereunder,
may submit to the Secretary a request to review such finding
and the Secretary, upon review of the finding, may overturn the
finding.
(3) Waiver for whistleblowers.--The Secretary may waive
paragraph (1) for an individual described in such paragraph if
the Secretary determines that--
(A) the individual submitted to the Secretary
information about a violation of section 8, 9, or 12;
and
(B) doing so is consistent with the purpose set
forth in section 4(b).
(d) Revocation of Charters.--
(1) In general.--The Secretary shall revoke a charter
issued under section 12(a) if the Secretary finds that the
person violated section 8, 9, or 12, or a rule promulgated
thereunder.
(2) Appeal.--A person whose charter has been revoked under
paragraph (1) pursuant to a finding that the person violated
section 8, 9, or 12, or a rule promulgated thereunder, may
submit to the United States Court of Appeals for the Federal
Circuit a request for review of the finding and the Court may
uphold or overturn the finding.
(3) Receivership.--If the Court receives a request from a
person under paragraph (2) to review a finding, the Court may,
at the request of the person, place the intellectual property
of the person in a receivership until the Court has completed
the review and the Secretary has ensured all artificial
superintelligences or artificial intelligence systems
displaying superintelligence precursor characteristics have
been rendered inoperative.
(4) Forfeiture.--If the Court, under paragraph (2), upholds
a finding that a person violated section 8, 9, or 12, or a rule
promulgated thereunder, the intellectual property and assets of
the person shall be subject to forfeiture by the Federal
Government to ensure the safe and complete destruction of all
systems and hardware related to the violation.
SEC. 14. PROHIBITION AGAINST RETALIATION.
(a) Definition of Covered Individual.--In this section, the term
``covered individual'' includes, with respect to an employer, the
following:
(1) An employee.
(2) A former employee.
(3) An independent contractor.
(4) A former independent contractor.
(b) Prohibition.--No employer may, directly or indirectly,
discharge, demote, suspend, threaten, blacklist, harass, or in any
other manner discriminate against a covered individual in the terms and
conditions of employment or post-employment of the covered individual
(or the terms and conditions of work provided by the covered individual
as an independent contractor) because of any lawful act done by the
covered individual--
(1) in providing information to the Department, a law
enforcement agency, or any member of Congress or any committee
of Congress regarding a violation of this Act;
(2) in initiating, testifying in, or assisting in any
investigation or judicial or administrative action, or any
investigation of Congress, based upon or relating to the
information described in paragraph (1); or
(3) in providing information to a person with supervisory
authority over the covered individual at the employer of the
covered individual, or another individual working at the
employer whom the covered individual reasonably believes has
the authority to investigate, discover, or terminate the
misconduct or take any other action to address the misconduct.
SEC. 15. INTERNATIONAL COORDINATION AND POLICY.
(a) Coordination.--The Secretary of Artificial Intelligence, in
coordination with the Secretary of State shall pursue international
agreements and allied coordination to prevent the development of
artificial superintelligence.
(b) Policy.--It shall be the policy of the United States to prevent
the development of artificial superintelligence globally, which may
include export controls on artificial intelligence computing
infrastructure.
SEC. 16. FEDERAL FUNDING.
No Federal funds shall be used for any activities that violate
section 8, 9, or 12 or a rule promulgated thereunder, except that the
Department of Artificial Intelligence may use Federal funding for
research relating to defensive cybersecurity measures that utilizes
artificial intelligence systems that have the characteristics described
under section 3(6)(B).
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