Senator eyes updating NDAA with AI use guidance
Sen. Mark Kelly, D-Ariz., talks with reporters in the U.S. Capitol after a Senate Armed Services Committee closed briefing on the Iran war on Tuesday, March 10, 2026. Tom Williams/CQ-Roll Call, Inc via Getty Images
Sen. Mark Kelly, D-Ariz., said he and fellow lawmakers are discussing updating the National Defense Authorization Act with a framework for how artificial intelligence systems should be used in military operations.
Lawmakers are considering updating the fiscal year 2026 National Defense Authorization Act to address how artificial intelligence systems are used in military operations following the fallout between Anthropic and the Department of Defense, one elected official said this week.
Speaking on Wednesday morning during a conversation at the Brookings Institution, Sen. Mark Kelly, D-Ariz., said he and fellow elected officials have been examining how effectively current legal operating frameworks are governing advanced AI technologies and how AI should be safely used alongside warfighters. The results of this analysis could potentially update governance provisions in this year’s National Defense Authorization Act.
“For this next NDAA, I've been working with some of my colleagues already on this and how do we address this issue within Anthropic,” Kelly said. “Obviously, rules of engagement is something every military has, they change over time.”
Kelly’s office further confirmed to Nextgov/FCW that he is working on solutions to address AI usage in military operations in this year’s defense bill. His office declined to comment further.
Kelly acknowledged that combat demands flexibility and speed, and said, “We're going to have to make exceptions” to having a human in the loop for autonomous offensive systems. He also said contractors and agencies looking to use advanced sensitive technologies should be having discussions “up front” on how both parties intend to use the technology.
“I think it is a reasonable thing to expect from any contractor that there are things we should and shouldn't be doing within the U.S. military,” Kelly said. “We’re not Russia, we're not China or North Korea. We have to have a certain level of standard. And I think those standards actually help us. It helps us with our allies, and at the end of the day, I do really think it makes us stronger and more effective as a military.”
Kelly’s comments come amid an ongoing dispute between Anthropic and the Pentagon following the company’s refusal to relax its safety standards for defense operations that could include surveillance of U.S. citizens and using AI in autonomous lethal weapons. The situation further escalated when President Donald Trump ordered all federal agencies to shed their contracts, resulting in Anthropic suing multiple federal agencies alleging illegal retaliation.
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