S. 5493: Ban Artificial Superintelligence Act of 2026

This bill would create a new federal agency, the Department of Artificial Intelligence, led by a Senate-confirmed Secretary of Artificial Intelligence, to oversee certain advanced AI systems.

What counts as “advanced AI” and “superintelligence”

The bill defines an advanced artificial intelligence system as one trained using extremely large amounts of computing power, with the threshold set initially at 10^25 operations and adjusted over time by the department. It defines artificial superintelligence as AI that is either broadly more capable than humans across most tasks or capable of planning and carrying out the destruction or disempowerment of humanity. It also defines a list of superintelligence precursor characteristics, such as the ability to speed up AI research, access secure systems without authorization, resist shutdown, improve itself, help create nuclear/chemical/biological weapons, or evade human oversight.

Temporary pause on advanced AI development

The bill would impose a temporary pause on advanced AI systems starting when the law takes effect and lasting until the department is fully staffed and has issued its rules. During that pause, advanced AI systems could not be trained, modified, fine-tuned, or deployed, except to remove dangerous characteristics or disable the system.

Before advanced AI systems can be released, companies would need to submit plans to the department, allow ongoing monitoring and audits, and get final pre-deployment approval.

Permanent restrictions on certain AI systems

The bill would prohibit anyone from developing, deploying, acquiring, possessing, funding, importing, or transferring artificial superintelligence. It would also prohibit deploying or transferring AI systems that could foreseeably be modified into artificial superintelligence or into systems with precursor characteristics.

If the department identifies a system as having precursor characteristics, it must be paused and disconnected from the internet. If those characteristics cannot be verified as removed within 30 days, the system may be rendered inoperative. Any system identified as artificial superintelligence must be rendered inoperative immediately.

Licensing and oversight

Anyone wanting to develop or distribute an advanced AI model would need a charter from the department. As a condition of getting and keeping that charter, the person would have to give the department broad access to systems, staff, and facilities for enforcement purposes.

The bill also creates an advisory board to provide technical advice to the secretary.

Penalties and enforcement

Violating the bill’s key restrictions could lead to serious consequences. For certain individuals involved in policymaking at covered entities, reckless violations could result in criminal fines and up to 20 years in prison. Other individuals who recklessly violate the rules could be barred from working in the AI industry for 10 years.

If a chartered entity violates the law, the secretary must revoke its charter. The entity can appeal to the Federal Circuit. If the violation is upheld, the entity’s intellectual property and assets could be forfeited to the federal government to ensure the systems are destroyed.

Reporting and whistleblower protections

Anyone who discovers artificial superintelligence or a system with precursor characteristics would have to notify the secretary within 24 hours. The bill also bars employers from retaliating against workers or contractors who report violations or assist investigations.

International policy and federal funding

The bill directs the secretary, together with the Secretary of State, to pursue international agreements and allied coordination to prevent artificial superintelligence. It states that U.S. policy should aim to prevent superintelligence globally, potentially including export controls on AI computing infrastructure.

Federal funds could not be used for activities that violate the bill, except for certain defensive cybersecurity research involving AI.

Relevant Companies

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