A bill to establish requirements for human judgment in the use of force by autonomous weapon systems used by the Department of Defense, and for other purposes.

a mechanism for operators of autonomous weapon systems or artificial intelligence capability to report, without fear of reprisal, concerns regarding weapon system reliability or the adequacy of human-machine interfaces.4.Review and certification (a) Senior-Level review (1) In general Before fielding an autonomous weapon system capable of independently selecting and engaging targets without human supervision, the Director of Operational Test and Evaluation shall conduct a review to certify that the weapon system complies with the requirements of this Act. (2) Independent assessment Each review required under paragraph (1) with respect to an autonomous weapon system shall include an independent adversarial testing (red-team) assessment that evaluates the vulnerability of the system to adversarial manipulation under operationally realistic conditions, including degraded and electronic warfare contested environments (such as jamming and spoofing), communication disruption, and adversarial manipulation. (b)Certification requirementNo autonomous weapon system described in subsection (a) may be fielded by the Department of Defense unless the Director of Operational Test and Evaluation certifies that the weapon system—(1)allows for ultimate human responsibility with respect to the use of force; and(2)has been tested to verify secure, safe, and reliable operations that meet the reliability standards of the Department for weapon systems, including retesting following any significant software update or change in operational environment.(c)Testing standards(1)In generalNot later than 18 months after the date of the enactment of this Act, the Director of Operational Test and Evaluation shall publish on a publicly available website standards for the testing and evaluation of artificial intelligence components in autonomous weapon systems, including benchmarks for reliability, robustness, security, and human-machine team performance.(2)FormThe standards required to be published under paragraph (1) shall be published in unclassified form to the maximum extent practicable.5.Annual reporting to CongressNot later than one year after the date of the enactment of this Act, and semiannually thereafter until the date that is six years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes—(1)a summary of autonomous weapon systems in development or fielded by the Department of Defense;(2)steps taken by the Secretary to ensure compliance with the requirements of this Act; and(3)such recommendations as the Secretary may have for legislative or administrative action relating to human judgment in autonomous weapon systems.6.Autonomous weapon system incident repository(a)EstablishmentThe Secretary of Defense shall establish and maintain a centralized repository for reporting, collecting, and analyzing incidents involving autonomous weapon systems and artificial intelligence capabilities used by the Department of Defense.(b)PurposeThe repository established under subsection (a) shall be used—(1)to document operational incidents, weapon system failures, unintended weapon system behaviors, or near-miss events involving autonomous weapon systems and artificial incident capabilities;(2)to enable the Department to identify systemic risks, software errors, or operational vulnerabilities associated with such weapon systems and capabilities; and(3)to promote institutional learning and improvement in the design, testing, and operational employment of autonomous weapon systems and artificial intelligence capabilities.(c)Reporting requirementsThe Secretary shall establish procedures requiring the reporting of incidents described in subsection (b)(1), including—(1)operational malfunctions affecting the use of force;(2)unintended or anomalous weapon system behavior;(3)instances in which autonomous weapon systems or artificial intelligence capabilities selected or engaged targets inconsistent with commander intent or rules of engagement, regardless of whether engagement was ultimately executed;(4)human-machine interaction failures affecting command or operator control; and(5)other safety-related events determined appropriate by the Secretary.(d)Safety reporting modelIn establishing the repository under subsection (a), the Secretary shall, to the extent practicable, model reporting practices on aviation safety reporting systems used to identify and mitigate systemic risks in complex operational environments.(e)Analysis and disseminationThe Secretary shall ensure that information collected through the repository established under subsection (a) is analyzed to identify trends and lessons learned, and that appropriate findings are disseminated across the Department of Defense to improve system design, training, and operational procedures.(f)Protection of sensitive informationInformation contained in the repository established under subsection (a) shall be handled in accordance with applicable classification, operational security, and national security requirements.(g)Congressional briefingNot less frequently than semiannually, the Secretary shall provide to the congressional defense committees a classified briefing on trends, systemic risks, and corrective actions identified through the repository established under subsection (a).7.Training pipelines(a)In generalThe Secretary of Defense shall develop formal training pipelines for autonomous systems of the Department of Defense.(b)ElementsThe formal training pipelines developed under subsection (a) shall include the following:(1)Specialized training tracks for operators, commanders, and system supervisors.(2)Certification in human-machine teaming, not just system operation.(3)Mandatory training in denied and contested environments, such as loss of global positioning system, electronic warfare, and degraded communications.(4)Integration of autonomous systems into Combat Training Center rotations.(5)Continuous retraining tied to software updates and system changes.8.Civilian harm mitigation and response office(a)EstablishmentThe Secretary of Defense shall establish within the Office of the Secretary of Defense an office to be known as the Civilian Harm Mitigation and Response Office (in this section referred to as the Office).(b)PurposeThe purpose of the Office is to develop, oversee, and coordinate Department-wide policies, practices, and capabilities to prevent, mitigate, and respond to civilian harm resulting from military operations.(c)ResponsibilitiesThe Office shall—(1)develop and implement policies and guidance relating to civilian harm mitigation and response;(2)oversee the integration of civilian harm mitigation practices into planning, targeting, and operational processes;(3)coordinate assessments, investigations, and responses to incidents involving civilian harm;(4)support training and doctrine development across the Department; and(5)provide regular reports to Congress on civilian harm mitigation efforts and outcomes.(d)LeadershipThe Office shall be headed by a senior official designated by the Secretary of Defense.9.Rule of constructionNothing in this Act shall be construed to prohibit the development or use of autonomous weapon systems designed to intercept incoming threats where human supervision remains part of the operational design.