U.S. Senate Committee on Banking, Housing, and Urban Affairs

05/04/2026 | Press release | Distributed by Public on 05/04/2026 11:13

Banks, Warren Introduce AI OVERWATCH Act

May 04, 2026

Banks, Warren Introduce AI OVERWATCH Act

WASHINGTON, D.C. - Last week, Senator Jim Banks (R-Ind.) introduced the AI OVERWATCH Act. This bill ensures that the chips powering the next generation of AI fuel American innovation and American national security, not the military and surveillance apparatus of the Chinese Communist Party. The legislation is cosponsored by Senators Warren (D-MA), Cotton (R-AR), Cortez Masto (D-NV), Ricketts (R-NE), and Shaheen (D-NH).

Senator Jim Banks (R-Ind.): "We are in an AI arms race with the Chinese Communist Party that's powered by advanced chips and the winner will determine the future of global military superiority. I'm leading the AI OVERWATCH Act to bolster President Trump's national security strategy and ensure continued American AI dominance."

Senator Elizabeth Warren (D-Mass.): "Selling advanced chips to China is bad in the short run and worse in the long run. We've seen this playbook before - we export our technology, and then China uses it, copies it, and puts us out of business. We can't afford to keep exporting our most advanced technology to China. It's time to get this done."

Senator Tom Cotton (R-Ark.): "Our most advanced AI technologies must be kept out of the hands of adversaries like Communist China. Congress should ensure that America keeps our edge in the AI race."

Senator Catherine Cortez Masto (D-Nev.): "In the wrong hands, AI tools and advanced microchips have the capacity to cause as much damage as conventional weapons. The United States' microchip technology is well ahead of any of its competitors and allowing countries like Communist China to import such sensitive materials without oversight is reckless. We must make sure that these technologies stay out of the hands of our adversaries and ensure the United States remains at the forefront of the AI race."

Senator Jeanne Shaheen (D-N.H.): "American technological leadership is vital to our economic and national security. Shipping advanced chips to our primary competitor is a sure way to lose that lead. The American people want AI innovation that creates good jobs at home, not that advances our adversaries' efforts to modernize their militaries and hollow out our industry. With this legislation, Congress is sending a clear message that there is bipartisan support for protecting our competitive edge to the benefit of all Americans."

Key Provisions of AI OVERWATCH Act:

  • Codifies into law President Trump's prohibition on exports of the most capable AI chips to foreign adversaries, ensuring the systems that will define the future of warfare and intelligence are not handed to America's adversaries under any circumstances.
  • Requires the Commerce Department to certify that the end user of advanced chips will not support the military, intelligence, surveillance, and cyber-enabled capabilities of foreign adversaries and that the export of these chips to adversaries will not adversely impact U.S. advantage in technology leadership.
  • Fast tracks AI exports to allies and partners for trusted U.S. companies meeting strong security and ownership standards, consistent with the call from the White House AI Action Plan to "export American AI to allies and partners."
  • Ensures that allies access top-tier AI capabilities, while the ownership, oversight, and strategic leverage of these critical technologies remain permanently with the United States.

Full bill text can be found here.

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