Text of Senate Amendment 5968

On 2026-06-23, Senator Adam B. Schiff (D-CA) delivered a floor speech titled "Text Of Senate Amendment 5968" in the Senate.

Text of Senate Amendment 5968

Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)] [Senate] [Pages S3106-S3110] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5968. Mr. SCHIFF submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title XVI, insert the following: Subtitle ___ Human Authority in Lethal Operations SEC. ___1. SHORT TITLE. This subtitle may be cited as the ``Human Authority in Lethal Operations Act of 2026'' or the ``HALO Act of 2026''. SEC. ___2. DEFINITIONS. In this subtitle: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on the Judiciary of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on the Judiciary of the House of Representatives. (2) Artificial intelligence.--The term ``artificial intelligence'' has the meaning given such term in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401). (3) Autonomous weapon system.-- (A) In general.--The term ``autonomous weapon system'' means a weapon system that, once activated, can identify, select, or engage targets without further intervention by or communication with a human operator. (B) Includes.--The term defined in subparagraph (A) includes weapon systems that have human-operated supervision with the ability to override complete operation of the system, but can select and engage targets without further human operator input, recalibration, or communication after activation. (4) Covered artificial intelligence capability.--The term ``covered artificial intelligence capability'' means an artificial intelligence designed, tested, developed, procured, deployed, or used by, on behalf of, or shared with the Department. (5) Designated commander.--The term ``designated commander'' means the highest ranking commissioned officer within the chain of command who exercises operational or administrative command authority over an autonomous or semi- autonomous weapons system. (6) Department.--The term ``Department'' means Department of Defense. (7) Ethical principles for artificial intelligence.--The term ``Ethical Principles for Artificial Intelligence'' means the Ethical Principles for Artificial Intelligence adopted by the Department on February 24, 2020, as in effect on January 1, 2025. (8) Military departments.--The term ``military departments'' has the meaning given such term in section 101(a) of title 10, United States Code. (9) Responsible artificial intelligence strategy and implementation pathway.--The term ``Responsible Artificial Intelligence Strategy and Implementation Pathway'' means the Responsible Artificial Intelligence Strategy and Implementation Pathway dated June 2022 and prepared by the Department of Defense Responsible Artificial Intelligence Working Council in accordance with the memorandum issued by Deputy Secretary of Defense Kathleen Hicks on May 26, 2021, Implementing Responsible Artificial Intelligence in the Department of Defense, as in effect on January 1, 2025. (10) Secretary.--The term ``Secretary'' means the Secretary of Defense. (11) Semi-autonomous weapon system.-- (A) In general.--The term ``semi-autonomous weapon system'' means a weapon system that, once activated, is intended to only engage individual targets or specific target groups that have been previously selected by a human operator. (B) Included.--The term defined in subparagraph (A) includes weapon systems that autonomously conduct engagement- related functions, including the following: (i) Acquiring, tracking, and identifying potential targets. (ii) Cuing potential targets to human operators. (iii) Prioritizing selected targets. (iv) Providing input on timing of when to fire. (v) Providing terminal guidance on how to narrowly categorize selected targets, only if human operator control is retained for the purpose of selecting individual targets and specific target groups for engagement. (12) Specific target group.-- (A) In general.--The term ``specific target group'' means a discrete group of potential targets, such as a particular flight of enemy aircraft, a particular formation of enemy tanks, or a particular flotilla of enemy vessels. (B) Excluded.--The term defined in subparagraph (A) does not include a general class of targets or a specific type of target, such as a particular model of tank or aircraft. (13) Unintended engagement.--The term ``unintended engagement'' means the use of force outcomes resulting in damage to persons or objects that human operators did not intend to be the targets of United States [[Page S3107]] military operations, including levels of collateral damage beyond those consistent with the Law of Armed Conflict and relevant laws of the United States and international laws, applicable rules of engagement, and commander's intent. SEC. ___3. DESIGN AND SAFETY REQUIREMENTS FOR AUTONOMOUS AND SEMI-AUTONOMOUS WEAPON SYSTEMS. (a) General Requirement.-- (1) In general.--The Secretary shall, acting through each of the Secretaries of the military departments, ensure that whenever the Department designs, tests, develops, procures, deploys, or uses a system described in paragraph (2), the system meets the requirements of this section. (2) Systems.--A system described in this paragraph is an autonomous weapon system or semi-autonomous weapon system that uses artificial intelligence to create, generate, prioritize, recommend, or engage targets or courses of action in support of use of force decisions. (b) Human Responsibility Over Use of Force.-- (1) Accountable individuals.--For each system described in subsection (a)(2)-- (A) not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate rules for clear chain of command and command hierarchy for military operations involving a system described in subsection (a)(2) to mirror the chain of command and command hierarchy for military operations that do not involve such systems; (B) the Secretary shall ensure that a designated commander is identified as accountable under applicable military and international laws for each engagement or class of engagements involving a system described in subsection (a)(2), regardless of the degree to which artificial intelligence contributed to the identification, development, recommendation, selection, or engagement of the target; and (C) the designated commander identified under subparagraph (B) shall exercise ultimate discretion, judgment, and control over the use of force. (2) System requirements.--Each system described in subsection (a)(2) shall incorporate the following: (A) A system design that incorporates capabilities and interfaces that require the designated commander to exercise ultimate discretion, judgment and control in the envisioned development, planning, deployment, and use processes for the weapon system, including constraints on each such system's authorized actions, targets, and geographic, temporal, and contextual scope, which the system may not expand or modify without explicit human authorization. (B) System capabilities, human-machine interfaces, doctrine, tactics, techniques, procedures, and human operator training must require commanders and human operators to use the system with deference to their discretion regarding care, and to analyze the output, in accordance with the Law of Armed Conflict and relevant laws of the United States and international laws, applicable treaties, weapon system safety rules, and rules of engagement that are applicable or reasonably expected to be applicable. (C) The creation and ongoing maintenance of records of target selection data, decision logic, and human operator actions, including the individual designated under subsection (b)(1)(B), sufficiently detailed to enable post-engagement review of compliance. (D) The design, testing, development, procurement, deployment, legal analysis and review, and use of artificial intelligence capabilities in autonomous and semi-autonomous weapon systems shall be consistent with, but not limited to, the Ethical Principles for Artificial Intelligence and the Responsible Artificial Intelligence Strategy and Implementation Pathway. (3) Availability to the public.--The Secretary shall ensure that-- (A) the Ethical Principles for Artificial Intelligence and the Responsible Artificial Intelligence Strategy and Implementation Pathway are available to the public; and (B) any revision to the Ethical Principles for Artificial Intelligence or the Responsible Artificial Intelligence Strategy and Implementation Pathway adopted by the Secretary is made available to the public before the date that is 30 days before the date on which the revision goes into effect. (c) Engagement Constraints and Termination.-- (1) In general.--Each system described in subsection (a)(2) shall be designed-- (A) to complete engagements within a designated timeframe and designated geographic area and against a designated set of potential targets, as well as other relevant constraints, consistent with commander and human operator intentions; (B) to require independent review and analysis of a designated commander before using force against previously unauthorized targets, materially expanding target sets or geographic scope, taking actions contravening applicable law, rules of engagement, other relevant laws of the United States and international laws, or taking