Ban Artificial Superintelligence Act of 2026
Sponsored By: Senator Sanders, Bernard [I-VT]
Introduced
Summary
Creates a standalone Department of Artificial Intelligence with sweeping authority to pause, inspect, and control advanced AI development to protect the public. This bill would freeze advanced AI work until the department is staffed and safety rules, inspections, and pre-deployment approvals are in place.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 1 benefits, 3 costs, 3 mixed.
New criminal and job penalties
If enacted, covered policymaking individuals and rogue actors who recklessly violate the bill could face criminal fines and up to 20 years in prison. Other workers who recklessly violate the rules could be barred from AI industry jobs for 10 years, though the Secretary could waive that ban in some whistleblower cases.
Pauses and restricts advanced AI work
If enacted, the bill would impose a mandatory pause on all advanced AI development from enactment until the Secretary says the Department is staffed and rules are in place. Developers would need to file pre-development plans, pass safety audits, and get pre-deployment approval. Any system with precursor traits must be paused, sequestered from the internet, and shut down within 30 days if it still shows danger. Discovery of ASI or precursor systems must be reported to the Secretary within 24 hours.
New charter requirement for developers
If enacted, the bill would require anyone who develops or distributes advanced AI to get a charter from the Secretary. Charter-holders would have to give the Department full access to systems, staff, and infrastructure. The Secretary could revoke charters for violations and courts could place intellectual property in receivership or order forfeiture to ensure safe destruction.
Creates a new AI department
If enacted, the bill would create a Department of Artificial Intelligence led by a President-appointed, Senate-confirmed Secretary. The Secretary would pick an expert advisory board and run AI rulemaking. Department staff would face conflict-of-interest and post-employment limits. The Secretary would also work with the Secretary of State to pursue international coordination and possible export controls on AI infrastructure.
Defines advanced AI and thresholds
If enacted, the bill would define what counts as an "advanced" AI system using a computing-power threshold called "10-25." The Secretary would update that threshold each year. The bill would also define "artificial superintelligence" and list precursor traits that trigger stricter oversight.
Protections for AI whistleblowers
If enacted, employees and contractors who report AI safety violations would be protected from employer retaliation. Covered individuals could not be fired, demoted, suspended, threatened, blacklisted, harassed, or otherwise punished for reporting or helping investigations.
Limits federal funding, with exception
If enacted, the bill would bar use of Federal funds for activities that violate the Act or its rules. As a narrow exception, the Department could use Federal money for defensive cybersecurity research using certain AI systems that can access secured infrastructure without authorization.
Sponsors & CoSponsors
Sponsor
Sanders, Bernard [I-VT]
VT • I
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov