Form F2-1. Model Statute: Interim Protection of Non-Human Intelligence in United States Custody or Control

SEC. ___. SHORT TITLE. This section may be cited as the “Non-Human Intelligence Interim Protection Act.”

SEC. ___. FINDINGS. Congress finds that– (1) the Federal Government has defined non-human intelligence as any sentient intelligent non-human lifeform; (2) beings with intelligence, communication, and moral agency are entitled to protection from killing, torture, and cruel treatment; and (3) the absence of clear law creates risk of grave abuses by officers, employees, and contractors of the United States.

SEC. ___. DEFINITIONS. In this section– (1) “Non-human intelligence” means any sentient intelligent non-human lifeform regardless of nature or ultimate origin. (2) “Covered person” means any officer, employee, member of the armed forces, or contractor or subcontractor (at any tier) of the United States, and any person acting under the direction or with the authorization of any of them.

SEC. ___. PROHIBITIONS. No covered person shall, anywhere– (1) kill a non-human intelligence, except in individual or collective self-defense against an imminent threat of death or serious bodily injury, and then only to the extent necessary; (2) commit torture or cruel, inhuman, or degrading treatment against a non-human intelligence within the custody or physical control of the covered person or the United States; (3) conduct any procedure, experiment, or examination on a living non-human intelligence without its informed consent, where communication is possible, or otherwise without approval of the Review Panel established under this section; or (4) use force against a craft associated with non-human intelligence that does not pose an imminent threat to persons or to the national security of the United States.

SEC. ___. HUMANE TREATMENT AND CARE. Any non-human intelligence in the custody or effective control of the United States or a covered person shall be treated humanely, provided appropriate care, and afforded the means of communication to the extent practicable.

SEC. ___. REPORTING AND MONITORING. (a) Within 72 hours after a non-human intelligence comes into the custody or effective control of the United States or a covered person, the Secretary of War or the Director of National Intelligence shall notify the congressional defense and intelligence committees, the leadership of each House, and the Independent Monitor. (b) The President shall appoint an Independent Monitor, cleared for all relevant programs, with access to any non-human intelligence in custody and to all records, who shall report to Congress every 90 days. (c) Within 60 days after enactment, the Secretary and the Director shall report to the same recipients every instance since January 1, 1945, known to any element of the Government or any contractor, in which a non-human intelligence was in custody or was killed, and the disposition of any remains.

SEC. ___. REVIEW PANEL. (a) Establishment. There is established a Non-Human Intelligence Research Review Panel of nine members appointed by the President, of whom at least two shall be physicians, two shall be scientists in the life sciences, two shall be ethicists, two shall be lawyers, and one shall be a member of the public with no affiliation with any department, agency, or contractor. Members shall be granted all clearances and accesses necessary to perform their duties. (b) Approval required. No examination, procedure, experiment, or research involving a living non-human intelligence, and no destructive analysis of remains, may be conducted without the Panel’s prior written approval. (c) Standards. The Panel shall approve a proposal only if it finds that– (1) the risks to the subject are minimized and are reasonable in relation to the anticipated benefits to the subject and the importance of the knowledge expected; (2) informed consent will be sought and documented where communication is possible, and that any attempt at communication has been made; (3) the subject’s privacy and dignity will be protected; and (4) for remains, the analysis is no more destructive than necessary, and the remains will be held with respect and returned if a claim on behalf of the deceased’s community is presented and accepted. In applying these standards the Panel shall be guided by part 46 of title 45, Code of Federal Regulations, and by the consultation and repatriation principles of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). (d) Monitoring and suspension. The Panel may monitor approved research and shall suspend any research that departs from the approval or causes unexpected serious harm. (e) Records. The Panel shall keep complete records of each proposal and decision and shall report to the congressional defense and intelligence committees every 90 days, with a classified annex.

SEC. ___. OFFENSES. Whoever, being a covered person, knowingly violates paragraph (1) or (2) of the Prohibitions section shall be fined under title 18, United States Code, or imprisoned for any term of years or for life, or both. There is extraterritorial jurisdiction over an offense under this section. No limitation period applies to an offense resulting in death.

SEC. ___. NO IMMUNITY. No grant of immunity under statute, plea, cooperation, or non-prosecution agreement, nondisclosure agreement, directive, or authorization shall relieve any person of liability for conduct described in the Prohibitions section, and no such conduct shall be “covered conduct” for purposes of any truth and reconciliation or disclosure statute.

SEC. ___. WHISTLEBLOWER PROTECTION. Any person who reports a violation of this section to the Independent Monitor, an inspector general, or Congress shall have the protections of section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (50 U.S.C. 3373b(b)).

SEC. ___. RULE OF CONSTRUCTION. Nothing in this section shall be construed to determine the legal status of non-human intelligence for any other purpose, or to limit any greater protection under other law.