Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1394 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1394

 To prohibit the use of Federal funds to launch a nuclear weapon using 
 an autonomous weapons system that is not subject to meaningful human 
                    control, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 1, 2023

  Mr. Markey (for himself, Ms. Warren, Mr. Merkley, and Mr. Sanders) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To prohibit the use of Federal funds to launch a nuclear weapon using 
 an autonomous weapons system that is not subject to meaningful human 
                    control, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Block Nuclear Launch by Autonomous 
Artificial Intelligence Act of 2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Department of Defense Directive 3000.09 (relating to 
        Autonomy in Weapons Systems), dated November 21, 2012, defines 
        ``autonomous weapons system'' as a weapons system that, once 
        activated, can select and engage targets without further 
        intervention by an operator.
            (2) Article 3, clause 8 of the Convention on Prohibitions 
        or Restrictions on the Use of Certain Conventional Weapons 
        Which may be Deemed to be Excessively Injurious or to Have 
        Indiscriminate Effects, signed at Geneva October 10, 1980 
        (commonly known as the`` Convention on Certain Conventional 
        Weapons'') prohibits the indiscriminate use of weapons, which 
        is defined in the Convention on Certain Conventional Weapons as 
        ``any placement of such weapons. . .which may be expected to 
        cause incidental loss of civilian life, injury to civilians, 
        damage to civilian objects, or a combination thereof, which 
        would be excessive in relation to the concrete and direct 
        military advantage anticipated''.
            (3) Section 5.10 of the Department of Defense Law of War 
        Manual states that ``[c]ommanders, at all levels, have a great 
        responsibility to exercise the leadership necessary to reduce 
        the risk of harm to civilians and civilian objects''.
            (4) In a report on autonomous weapons systems published on 
        December 1, 2021, Human Rights Watch and the International 
        Human Rights Clinic of Harvard Law School argue that ``[r]obots 
        lack the compassion, empathy, mercy, and judgment necessary to 
        treat humans humanely, and they cannot understand the inherent 
        worth of human life''.
            (5) The 2022 Nuclear Posture Review states ``[i]n all 
        cases, the United States will maintain a human `in the loop' 
        for all actions critical to informing and executing decisions 
        by the President to initiate and terminate nuclear weapon 
        employment''.
            (6) The National Security Commission on Artificial 
        Intelligence recommends that the United States ``clearly and 
        publicly affirm existing U.S. policy that only human beings can 
        authorize employment of nuclear weapons and seek similar 
        commitments from Russia and China''.
            (7) On February 16, 2023, the Secretary of State issued a 
        Political Declaration on Responsible Military Use of Artificial 
        Intelligence and Autonomy, which states that ``States should 
        maintain human control and involvement for all actions critical 
        to informing and executing sovereign decisions concerning 
        nuclear weapons''.
            (8) Large-scale nuclear war would lead to the deaths of 
        millions of people, firestorms, radioactive fallout 
        contamination, agricultural failure, and catastrophic climate 
        results.
            (9) Compliance with international humanitarian law, human 
        control and human legal judgment is essential in the nuclear 
        command and control process.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the use of lethal, autonomous nuclear weapons systems 
        that are not subject to meaningful human control cannot 
        properly adhere to international humanitarian law; and
            (2) any decision to launch a nuclear weapon should not be 
        made by artificial intelligence.

SEC. 4. PROHIBITION ON USE OF FEDERAL FUNDS TO DEPLOY NUCLEAR WEAPONS 
              WITH AUTONOMOUS WEAPONS SYSTEMS NOT SUBJECT TO MEANINGFUL 
              HUMAN CONTROL.

    (a) In General.--None of the funds authorized to be appropriated or 
otherwise made available for any fiscal year may be obligated or 
expended to use an autonomous weapons system that is not subject to 
meaningful human control--
            (1) to launch a nuclear weapon; or
            (2) to select or engage targets for the purposes of 
        launching a nuclear weapon.
    (b) Definitions.--In this section:
            (1) Autonomous weapons system.--The term ``autonomous 
        weapons system'' has the meaning given such term in Department 
        of Defense Directive 3000.09 (relating to Autonomy in Weapons 
        Systems), as in effect on the date of the enactment of this 
        Act.
            (2) Meaningful human control.--The term ``meaningful human 
        control'' means, with respect to an autonomous weapons system, 
        human control of--
                    (A) the selection and engagement of targets; and
                    (B) the time, location, and manner of use.
                                 &lt;all&gt;
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