WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''AI Guardrails Act of 2026''.
Establishes the short title of the Act as the AI Guardrails Act of 2026. This section creates no compliance obligations.
(a) It is the sense of Congress that, consistent with America's AI Action Plan dated July 2025, the United States must aggressively adopt artificial intelligenceArtificial intelligenceIn this section, 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).Sec. 2(d) (AI) within its Armed Forces if it is to maintain its global military preeminence while also ensuring that the Department of Defense's use of AI is secure and reliable.
This subsection expresses the sense of Congress that the United States must aggressively adopt artificial intelligence within its Armed Forces to maintain global military preeminence, while ensuring the Department of Defense's use of AI is secure and reliable. As a non-binding sense of Congress, it creates no enforceable obligations but frames the legislative intent underlying the operative limitations in subsection (b).
(b)(1) 1 For the execution of launching or detonating a nuclear weapon.
(b)(2) 2 For the monitoring, tracking, profiling, or targeting of individuals or groups in the United States, without an individualized, articulable legal basis, regardless of the origin of the data used. In no event may the Department of Defense use AI solely for the purpose of monitoring, tracking, profiling, or targeting activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States.
(b)(3) 3 In the employment of lethal force by autonomous weapon systems without appropriate levels of human judgment and supervision. All other uses of artificial intelligenceArtificial intelligenceIn this section, 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).Sec. 2(d) in autonomous weapon systems shall be consistent with Department of Defense Directive 3000.09, ''Autonomy in Weapon Systems,'' dated January 25, 2023.
This subsection imposes three categorical prohibitions on the Department of Defense's use of artificial intelligence. The first is an absolute ban on AI execution of nuclear weapon launch or detonation. The second prohibits AI-based monitoring, tracking, profiling, or targeting of individuals or groups in the United States absent an individualized, articulable legal basis — with an additional absolute prohibition on AI targeting of First Amendment-protected activity or other constitutionally secured rights. The third prohibits AI-enabled lethal force by autonomous weapon systems without appropriate levels of human judgment and supervision, and requires all other autonomous weapon system uses to comply with DoD Directive 3000.09.
These are direct prohibitions on a government entity rather than obligations on private-sector developers or deployers, placing them outside the commercial AI compliance taxonomy. The nuclear-launch ban and the domestic-surveillance ban are structurally absolute; only the autonomous-weapon lethal-force ban is subject to the waiver mechanism in subsection (c).
(c)(1) 4 The Secretary of Defense, without delegation, may waive the prohibitions under subsection (b)(3) with respect to a system for up to one year, or renew such a waiver for up to one year, if the Secretary certifies, in writing, to the congressional defense committees that extraordinary circumstances affecting the national security of the United States require the waiver and that the probability of the system producing a result inconsistent with commander intent does not exceed the documented error rate of trained human operators performing equivalent functions under equivalent conditions.
(c)(2)(A)–(C) 5 For each waiver issued under paragraph (1) with respect to a system, the Secretary of Defense shall notify Congress, including submission of the certification required under such paragraph, not later than 5 days after— (A) the issuance of a waiver for formal development of such system; (B) the issuance of a waiver for fielding of such system; and (C) any modification to such system that results in the system algorithms, intended missions sets, intended operational environments, intended target sets, or expected adversarial countermeasures to substantially differ from those granted for previously waived uses.
(c)(3)(A)–(D) 5 Each notification submitted under paragraph (1) shall include the following elements: (A) The rationale for the waiver. (B) A description of the autonomous weapon system or technology covered by the waiver. (C) A description of the operational parameters and safeguards for the system, including: (i) Assessments of system performance, capability, reliability, effectiveness, and suitability under realistic conditions. (ii) A description of the associated training, doctrine, and tactics, techniques, and procedures. (iii) The timeframe and geographic area of intended use. (iv) A description of measures taken to minimize the probability and consequences of unintended engagements or failures. (v) Clear procedures for trained operators to activate and deactivate system functions. (vi) Post-deployment continuous monitoring mechanisms. (vii) Results from the realistic system developmental and operational testing and evaluation that demonstrate the probability of the system misidentifying a target, taking unintended action, or producing a result inconsistent with commander intent does not exceed the documented error rate of trained human operators performing equivalent functions under equivalent conditions. (D) The anticipated duration of the waiver.
(c)(4) 5 A notification under paragraph (1) shall be submitted in unclassified form, but may include a classified annex, as the Secretary determines necessary.
This subsection creates a narrow, time-limited waiver mechanism for the autonomous-weapon lethal-force prohibition in subsection (b)(3). Only the Secretary of Defense personally — without delegation — may issue a waiver, and only for up to one year (renewable). The waiver requires a written certification to the congressional defense committees that extraordinary national security circumstances necessitate the waiver and that the autonomous system's error rate does not exceed the documented error rate of trained human operators performing equivalent functions under equivalent conditions.
The notification requirements are detailed: Congress must be notified within five days of a waiver for formal development, fielding, or any substantial modification to the system. Each notification must include the rationale, a system description, operational parameters and safeguards (including performance assessments, training doctrine, geographic and temporal scope, measures to minimize unintended engagements, operator activation/deactivation procedures, continuous monitoring mechanisms, and testing results), and anticipated waiver duration. Notifications may include classified annexes.
(d) In this section, the term ''artificial intelligenceArtificial intelligenceIn this section, 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).Sec. 2(d)'' has the meaning given such term in section 5002 of the National Artificial IntelligenceArtificial intelligenceIn this section, 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).Sec. 2(d) Initiative Act of 2020 (15 U.S.C. 9401).
This subsection defines artificial intelligence by incorporating by reference the definition in section 5002 of the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. § 9401). This is a purely definitional provision that creates no independent compliance obligation.