H.R. 10538

Ban Artificial Superintelligence Act of 2026

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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.