,,ii #aaith ,,congress #b;d ,session ,s4 #dfig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #h1 #bjbf,mr4 ,schiff introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to provide for design and safety requirements for autonomous and semi-autonomous weapon systems1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,human ,authority in ,lethal ,operations ,act of #bjbf or the ,,halo ,act of #bjbf4 #b4 ,definitions ,in this ,act3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,artificial intelligence ,the term artificial intelligence has the meaning given such term in section #ejjb of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja74 7#c7 ,autonomous weapon system 7,a7 ,in general ,the term autonomous weapon system means a weapon system that1 once activated1 can identify1 select1 or engage targets without further intervention by or communication with a human operator4 7,b7 ,includes ,the term defined in subparagraph 7,a7 includes weapon systems that have human-operated supervision with the ability to override complete operation of the system1 but can select and engage targets without further human operator input1 recalibration1 or communication after activation4 7#d7 ,covered artificial intelligence capability ,the term covered artificial intelligence capability means an artificial intelligence designed1 tested1 developed1 procured1 deployed1 or used by1 on behalf of1 or shared with the ,department4 7#e7 ,designated commander ,the term designated commander means the highest ranking commissioned officer within the chain of command who exercises operational or administrative command authority over an autonomous or semi-autonomous weapons system4 7#f7 ,department ,the term ,department means ,department of ,defense4 7#g7 ,ethical ,principles for ,artificial ,intelligence ,the term ,ethical ,principles for ,artificial ,intelligence means the ,ethical ,principles for ,artificial ,intelligence adopted by the ,department on ,february #bd1 #bjbj1 as in effect on ,january #a1 #bjbe4 7#h7 ,military departments ,the term military departments has the meaning given such term in section #aja7;a7 of title #aj1 ,united ,states ,code4 7#i7 ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway ,the term ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway means the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway dated ,june #bjbb and prepared by the ,department of ,defense ,responsible ,artificial ,intelligence ,working ,council in accordance with the memorandum issued by ,deputy ,secretary of ,defense ,kathleen ,hicks on ,may #bf1 #bjba1 ,implementing ,responsible ,artificial ,intelligence in the ,department of ,defense1 as in effect on ,january #a1 #bjbe4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,defense4 7#aa7 ,semi-autonomous weapon system 7,a7 ,in general ,the term semi-autonomous weapon system means a weapon system that1 once activated1 is intended to only engage individual targets or specific target groups that have been previously selected by a human operator4 7,b7 ,included ,the term defined in subparagraph 7,a7 includes weapon systems that autonomously conduct engagement-related functions1 including the following3 7i7 ,acquiring1 tracking1 and identifying potential targets4 7ii7 ,cuing potential targets to human operators4 7iii7 ,prioritizing selected targets4 7iv7 ,providing input on timing of when to fire4 7v7 ,providing terminal guidance on how to narrowly categorize selected targets1 only if human operator control is retained for the purpose of selecting individual targets and specific target groups for engagement4 7#ab7 ,specific target group 7,a7 ,in general ,the term specific target group means a discrete group of potential targets1 such as a particular flight of enemy aircraft1 a particular formation of enemy tanks1 or a particular flotilla of enemy vessels4 7,b7 ,excluded ,the term defined in subparagraph 7,a7 does not include a general class of targets or a specific type of target1 such as a particular model of tank or aircraft4 7#ac7 ,unintended engagement ,the term unintended engagement means the use of force outcomes resulting in damage to persons or objects that human operators did not intend to be the targets of ,united ,states military operations1 including levels of collateral damage beyond those consistent with the ,law of ,armed ,conflict and relevant laws of the ,united ,states and international laws1 applicable rules of engagement1 and commander's intent4 #c4 ,design and safety requirements for autonomous and semi-autonomous weapon systems 7a7 ,general requirement 7#a7 ,in general ,the ,secretary shall1 acting through each of the ,secretaries of the military departments1 ensure that whenever the ,department designs1 tests1 develops1 procures1 deploys1 or uses a system described in paragraph 7#b71 the system meets the requirements of this section4 7#b7 ,systems ,a system described in this paragraph is an autonomous weapon system or semi-autonomous weapon system that uses artificial intelligence to create1 generate1 prioritize1 recommend1 or engage targets or courses of action in support of use of force decisions4 7b7 ,human responsibility over use of force 7#a7 ,accountable individuals ,for each system described in subsection 7a77#b7-- 7,a7 not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall promulgate rules for clear chain of command and command hierarchy for military operations involving a system described in subsection 7a77#b7 to mirror the chain of command and command hierarchy for military operations that do not involve such systems2 7,b7 the ,secretary shall ensure that a designated commander is identified as accountable under applicable military and international laws for each engagement or class of engagements involving a system described in subsection 7a77#b71 regardless of the degree to which artificial intelligence contributed to the identification1 development1 recommendation1 selection1 or engagement of the target2 and 7,c7 the designated commander identified under subparagraph 7,b7 shall exercise ultimate discretion1 judgment1 and control over the use of force4 7#b7 ,system requirements ,each system described in subsection 7a77#b7 shall incorporate the following3 7,a7 ,a system design that incorporates capabilities and interfaces that require the designated commander to exercise ultimate discretion1 judgment and control in the envisioned development1 planning1 deployment1 and use processes for the weapon system1 including constraints on each such system's authorized actions1 targets1 and geographic1 temporal1 and contextual scope1 which the system may not expand or modify without explicit human authorization4 7,b7 ,system capabilities1 human-machine interfaces1 doctrine1 tactics1 techniques1 procedures1 and human operator training must require commanders and human operators to use the system with deference to their discretion regarding care1 and to analyze the output1 in accordance with the ,law of ,armed ,conflict and relevant laws of the ,united ,states and international laws1 applicable treaties1 weapon system safety rules1 and rules of engagement that are applicable or reasonably expected to be applicable4 7,c7 ,the creation and ongoing maintenance of records of target selection data1 decision logic1 and human operator actions1 including the individual designated under subsection 7b77#a77;,b71 sufficiently detailed to enable post-engagement review of compliance4 7,d7 ,the design1 testing1 development1 procurement1 deployment1 legal analysis and review1 and use of artificial intelligence capabilities in autonomous and semi-autonomous weapon systems shall be consistent with1 but not limited to1 the ,ethical ,principles for ,artificial ,intelligence and the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway4 7#c7 ,availability to the public ,the ,secretary shall ensure that-- 7,a7 the ,ethical ,principles for ,artificial ,intelligence and the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway are available to the public2 and 7,b7 any revision to the ,ethical ,principles for ,artificial ,intelligence or the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway adopted by the ,secretary is made available to the public before the date that is #cj days before the date on which the revision goes into effect4 7c7 ,engagement constraints and termination 7#a7 ,in general ,each system described in subsection 7a77#b7 shall be designed-- 7,a7 to complete engagements within a designated timeframe and designated geographic area and against a designated set of potential targets1 as well as other relevant constraints1 consistent with commander and human operator intentions2 7,b7 to require independent review and analysis of a designated commander before using force against previously unauthorized targets1 materially expanding target sets or geographic scope1 taking actions contravening applicable law1 rules of engagement1 other relevant laws of the ,united ,states and international laws1 or taking actions likely to result in unintended engagement2 and 7,c7 if unable to complete an engagement consistent with the parameters described in paragraph 7#a71 to terminate the engagement until additional human operator and commander evaluation is completed4 7#b7 ,evaluation criteria ,the evaluation criteria used under subparagraph 7,c7 of paragraph 7#a7 shall consist of assessment of deficiencies and recommendations for changes to be compliant with subparagraph 7,a7 of such paragraph before restarting preparation for engagement4 7d7 ,transparency1 auditability1 and explainability ,consistent with the potential consequences of an unintended engagement or unauthorized interference with the operation of a system described in subsection 7a77#b71 the physical hardware and software of such system shall be designed with-- 7#a7 technologies and data sources that are available to1 auditable by1 and explainable to the greatest extent possible by relevant personnel of the ,department with the necessary clearance level2 and 7#b7 system safety1 anti-tamper mechanisms1 and cybersecurity in accordance with ,department instructions and military standards governing cybersecurity and system safety4 7e7 ,activation1 termination1 and human operator interface ,each system described in subsection 7a77#b7 shall be designed so that-- 7#a7 system design and human-machine interfaces are readily understandable to trained human operators1 including by clearly disaggregating which actions human operators need to perform and which actions the weapon system will perform2 7#b7 clear procedures exist for trained human operators to activate1 terminate1 and disable all weapon system functions2 7#c7 the system provides timely feedback on system status1 including regarding the quality and sufficiency of the data inputs relied upon1 to human operators in real time or near-real time2 and 7#d7 adequate training1 tactics1 techniques1 procedures1 and doctrine are available1 reviewed on a quarterly basis1 by weapon system human operators and designated commanders to understand the functioning1 capabilities1 and limitations of the system's autonomy in realistic operational conditions4 7f7 ,degraded communications safeguard ,any autonomous or semi-autonomous weapon system that is1 or is part of1 an unmanned platform shall be designed such that1 in the event of degraded or lost communications1 the system does not autonomously select and engage individual targets1 specific target groups1 or general classes or specific types of targets that have not been previously selected by an authorized human operator4 7g7 ,continuous monitoring ,the ,secretary shall1 in coordination with the ,director of ,operational ,test and ,evaluation1 the ,under ,secretary of ,defense for ,research and ,engineering1 and the appropriate ,secretary of a military department or ,assistant ,secretary for ,special ,operations and ,low-,intensity ,conflict1 establish and maintain procedures for continuous monitoring of each system1 to the greatest extent possible1 described in subsection 7a77#b7 to identify and address circumstances in which changes to the system design or operational environment require additional testing and evaluation or legal review to provide sufficient confidence that the system will continue-- 7#a7 to function as intended2 7#b7 to avoid unintended engagements2 7#c7 to resist interference by unauthorized parties2 and 7#d7 to remain compliant with relevant laws of the ,united ,states1 the ,law of ,armed ,conflict1 and international laws4 7h7 ,robust artificial intelligence design ,for any system described in subsection 7a7 that incorporates artificial intelligence capabilities1 such system shall be designed to utilize robust artificial intelligence1 in accordance with the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway so that the system is resilient in real-world settings and against adversarial attacks and spoofing4 #d4 ,advanced review and approval authority 7a7 ,general requirement for advanced review ,with the exception of systems described in subsection 7e71 the ,secretary shall ensure that each system described in section #c7;a77#b7 is approved in accordance with this section before formal development and before fielding4 7b7 ,pre-,development review ,before a decision to enter formal development of a system described in subsection 7a71 the ,under ,secretary of ,defense for ,policy1 the ,under ,secretary of ,defense for ,research and ,engineering1 and the ,vice ,chairman of the ,joint ,chiefs of ,staff shall jointly verify that-- 7#a7 the weapon system design incorporates the necessary capabilities to allow a designated commander to exercise ultimate discretion1 judgment1 and control over the use of force in the envisioned planning1 deployment1 and use processes for the weapon2 7#b7 the system is designed to complete engagements within a designated timeframe and designated geographic area and against a designated set of potential targets1 as well as other applicable parameters1 consistent with designated commander intentions1 and if unable to do so1 to terminate use until additional human operator and commander evaluation is completed before continuing the engagement2 7#c7 the combination of the system's design and concept of use1 including its target selection and engagement logic1 accounts for risks of armed conflict1 including to civilians1 civilian populations1 civilian objects1 and other protected entities1 consistent with commander and human operator intent and obligations under the ,law of ,armed ,conflict1 or other relevant laws of the ,united ,states and international laws2 7#d7 the system design1 including system safety1 anti-tamper mechanisms1 and cybersecurity1 addresses and minimizes the probability and consequences of failures2 7#e7 plans are in place for verification and validation and test and evaluation to establish system reliability1 effectiveness1 predictability of effects1 and accuracy under realistic conditions1 including possible adversary actions1 interference1 or unintended consequences2 7#f7 for systems incorporating artificial intelligence capabilities1 plans are in place to ensure consistency with the ,ethical ,principles for ,artificial ,intelligence and the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway2 and 7#g7 a thorough legal analysis1 review1 and risk assessment of a system described in subsection 7a7 has been completed in coordination with the ,general ,counsel of the ,department and other relevant ,department ,general ,counsels and in accordance with applicable directives governing the ,defense ,acquisition ,system1 the ,department of ,defense ,law of ,war ,program1 the ,law of ,armed ,conflict1 and other relevant laws of the ,united ,states and international laws4 7c7 ,pre-,fielding review ,before fielding a system described in subsection 7a71 the ,under ,secretary of ,defense for ,policy1 the ,under ,secretary of ,defense for ,acquisition and ,sustainment1 and the ,vice ,chairman of the ,joint ,chiefs of ,staff shall jointly verify that-- 7#a7 system capabilities1 human-machine interfaces1 doctrine1 tactics1 techniques1 procedures1 and training have been demonstrated to allow a designated commander to exercise ultimate discretion1 control1 and judgment over the use of force and to use systems whose outcomes are sufficiently accurate with thorough legal analysis in accordance with the law of war1 ,law of ,armed ,conflict1 applicable treaties1 weapon system safety rules1 and rules of engagement reasonably expected to be applicable2 7#b7 system safety1 anti-tamper mechanisms1 cyber survivability1 operational resilience1 and cybersecurity capabilities have been implemented to minimize the probability and consequences of failures1 including unpredictable outcomes1 and a monitoring protocol is in place to identify and address changes in operational environment1 data inputs1 and use that could contribute to such failures2 7#c7 verification and validation and test and evaluation have-- 7,a7 assessed system performance1 capability1 reliability1 risk margins1 effectiveness1 and suitability under realistic conditions1 including possible adversary actions1 interference1 or unintended consequences2 and 7,b7 have demonstrated that the system can be revised as needed with sufficient rapidity to enable timely correction of any unintended system behaviors that may be observed or discovered during future system operations2 7#d7 adequate training1 tactics1 techniques1 procedures1 and doctrine are available1 quarterly reviewed1 and used by system operators and commanders to understand the functioning1 capabilities1 and limitations of the system in real world conditions2 7#e7 system design and human-machine interfaces are readily understandable to trained human operators1 provide transparent feedback on system status1 provide secure logging to enable traceability1 and provide clear procedures for trained human operators to activate and terminate system functions2 7#f7 for systems incorporating artificial intelligence capabilities1 the deployment and use of such capabilities in the weapon system will be consistent with the ,ethical ,principles for ,artificial ,intelligence1 the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway1 the ,law of ,armed ,conflict1 and other relevant laws of the ,united ,states and international laws2 and 7#g7 a legal review of the compliance of the weapon system with the ,defense ,acquisition ,system1 the ,department of ,defense ,law of ,war ,program1 the ,law of ,armed ,conflict1 and other relevant laws of the ,united ,states and international laws has been completed in coordination with the ,general ,counsel of the ,department4 7d7 ,re-,review of modified systems ,a system described in subsection 7a7 that is a variant of an existing weapon system previously approved through the review process under this section shall not be covered by previous approval if changes to the system algorithms1 intended mission set1 intended operational environments1 intended target sets1 or expected adversarial countermeasures materially differ from those applicable to the previously approved weapon system4 ,such systems shall require a new analysis1 review1 and risk assessment before formal development and again before fielding4 7e7 ,systems not requiring advanced review 7#a7 ,in general ,except as provided in paragraph 7#b71 the advance review described in this section is not required for weapon systems intended to be used in the following manners3 7,a7 ,semi-autonomous weapon systems used to apply lethal or non-lethal1 kinetic or non-kinetic1 force without capability to function as an autonomous weapon system4 7,b7 ,human operator-supervised autonomous weapon systems used to select and engage materiel targets for local defense to intercept attempted time-critical or saturation attacks for-- 7i7 static defense of installations with personnel1 including networked defense where the autonomous weapon system is not co-located with the installation2 or 7ii7 onboard or networked defense of platforms with onboard personnel4 7,c7 ,human operator-supervised autonomous weapon systems used to select and engage materiel targets for purpose of protecting remotely piloted or autonomous vehicles and vessels4 7,d7 ,autonomous weapon systems used to apply non-lethal1 non-kinetic force against materiel targets4 7#b7 ,exception ,paragraph 7#a7 shall not apply to a weapon system intended to be used in the manner described in subparagraph 7,b7 of such paragraph in a case in which the engagement zone for the system encompasses densely populated areas or essential civilian infrastructure4 ,in such a case1 the weapon system shall undergo the advanced review described in this section to certify that the system can effectively distinguish between military targets and non-combatants or civilian objects in high-clutter environments4 #e4 ,role of the ,chief ,digital and ,artificial ,intelligence ,officer 7a7 ,monitoring and evaluation ,the ,chief ,digital and ,artificial ,intelligence ,officer shall monitor and evaluate artificial intelligence capabilities in1 and cybersecurity for1 autonomous and semi-autonomous weapon systems1 and shall advise the ,secretary on such matters4 7b7 ,testable requirements ,the ,chief ,digital and ,artificial ,intelligence ,officer shall1 in collaboration with the ,under ,secretary of ,defense for ,research and ,engineering-- 7#a7 formulate concrete1 testable requirements for implementing the ,ethical ,principles for ,artificial ,intelligence and the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway2 7#b7 establish policy and issue guidance on definitions of requirements and testability for artificial intelligence-enabled systems to implement and demonstrate adherence to the ,ethical ,principles for ,artificial ,intelligence and the ,responsible ,artificial ,intelligence ,strategy and ,implementation ,pathway2 and 7#c7 issue guidance on test and evaluation practices for artificial intelligence capabilities in autonomous or semi-autonomous weapon systems1 which shall include an adversarial assessment 7known as red-team assessment7 that evaluates weapon system vulnerability to adversarial manipulation under operationally realistic conditions4 7c7 ,common tools and infrastructure ,the ,chief ,digital and ,artificial ,intelligence ,officer shall coordinate with the ,under ,secretary of ,defense for ,research and ,engineering and the ,director of ,operational ,test and ,evaluation on developing and using common tools and infrastructure for test and evaluation and verification and validation of artificial intelligence capabilities in autonomous or semi-autonomous weapon systems1 including assurance benchmarks for reliability1 robustness1 security1 and human-machine team performance4 #f4 ,testing and evaluation requirements 7a7 ,general requirement ,the ,secretary shall ensure that1 regardless of the acquisition pathway or testing and evaluation oversight status for a weapon system1 each system described in section #c7;a77#b7 undergoes-- 7#a7 rigorous hardware and software verification and validation2 and 7#b7 realistic system developmental and operational test and evaluation1 including analysis of unanticipated emergent behavior4 7b7 ,specific considerations ,testing and evaluation of a system under subsection 7a77#b7 may include testing on how human operators respond to ensure they are provided with enough time to exercise judgment and can reject or challenge suggestions or recommendations4 7c7 ,specific requirements ,testing and evaluation of a system under subsection 7a7 shall include the following3 7#a7 ,verification that the system functions as anticipated in realistic operational environments against adaptive adversaries1 including with realistic civilian presence1 activities1 actions1 and reactions1 and are sufficiently robust to minimize failures4 7#b7 ,for a system incorporating artificial intelligence capabilities1 rigorous developmental and operational test and evaluation to verify and validate that the artificial intelligence is robust according to design requirements4 7#c7 ,testing to confirm that autonomy algorithms in systems incorporating artificial intelligence capabilities can be rapidly reprogrammed on new input data4 7d7 ,post-,fielding testing ,the ,secretary shall ensure that1 after initial operational test and evaluation of a system under subsection 7a71 as directed by the ,director of ,operational ,test and ,evaluation-- 7#a7 system data is collected and any further changes to the system undergo appropriate verification and validation and test and evaluation to ensure that critical safety features have not been degraded2 7#b7 system software is tested using best-available ,department means and methods to validate that critical safety features have not been degraded1 and automated testing tools1 such as modeling and simulation1 are used whenever feasible2 7#c7 any new or revised operating states or other relevant changes in the system are identified and undergoes appropriate and tailored additional test and evaluation to characterize the system behavior in that new operating state2 and 7#d7 changes to the state transition matrix are evaluated to determine whether they require whole system follow-on operational test and evaluation4 7e7 ,iterative cyber testing ,the ,secretary shall ensure that hardware and software verification and validation of a system under subsection 7a7 includes quarterly cyber test and evaluation to verify that the system is resilient and survivable in contested cyberspace4 7f7 ,role of the ,director of ,operational ,test and ,evaluation ,under this section1 the ,director of ,operational ,test and ,evaluation shall-- 7#a7 oversee development of realistic operational test1 risk assessments1 and evaluation standards for autonomous and semi-autonomous weapon systems1 including requirements for data collection and standards for test and evaluation of any changes to the system following initial operational test and evaluation2 7#b7 evaluate whether autonomous and semi-autonomous weapon systems under the ,director's oversight have met standards after being tested for rigorous verification1 validation1 and evaluation in realistic operational conditions1 including potential adversary action1 to ensure that the system is robust to minimize failures2 7#c7 establish standards for data collection post-fielding and monitoring and assessment by programs2 7#d7 establish and maintain a centralized repository for reporting1 collecting1 and analyzing operational incidents1 weapon system failures1 and unintended weapon system behaviors2 7#e7 review and approve operational and live fire test plans for autonomous and semi-autonomous weapon systems2 and 7#f7 coordinate with the ,under ,secretary of ,defense for ,research and ,engineering and the appropriate ,secretary of a military department or ,assistant ,secretary for ,low-,intensity ,conflict to provide for monitoring to identify and address when changes to the system design or operational environment require additional testing and evaluation to ensure that the system is robust to minimize failures such as unintended engagements with civilians and civilian infrastructure1 densely populated areas1 and resist interference by unauthorized parties4 #g4 ,prohibited uses of artificial intelligence 7a7 ,general prohibition ,no covered artificial intelligence capability may be used in any manner that violates the ,constitution of the ,united ,states1 ,federal law1 the ,law of ,armed ,conflict1 or international treaty or other legal obligation of the ,united ,states1 or in any manner that poses an unacceptable level of risk to the safety of an individual or the civil liberty of an individual4 7b7 ,specific prohibitions 7#a7 ,in general ,no covered artificial intelligence capability may be used with the intent1 purpose1 or outcome of-- 7,a7 profiling1 targeting1 tracking1 monitoring1 inferring1 or concluding based on the data points of activity of any individual based solely on the exercise of rights protected under the ,constitution or ,federal law1 including freedom of expression1 association1 and assembly2 7,b7 detecting1 measuring1 or inferring the emotional state of any individual from data acquired about such individual1 including the support of the health of consenting personnel of the ,federal ,government2 7,c7 inferring or determining an individual's religion1 ethnicity1 race1 sexual orientation1 immigration status1 disability status1 gender identity1 or political identity2 7,d7 tracking1 monitoring1 or inferring the past1 real-time1 or anticipated future location of any individual in the ,united ,states1 including using data acquired from commercial1 data brokers1 data aggregators1 or other third-party sources1 unless such acquisition and use is authorized pursuant to an individualized judicial order1 warrant1 or otherwise required by the ,constitution or ,federal law2 7,e7 aggregating or analyzing internal data or data acquired from commercial1 data brokers1 data aggregators1 or other third-party sources1 including but not limited to location data1 financial transaction data1 communications metadata1 or biometric data1 to accomplish any purpose prohibited under paragraphs 7#a7 through 7#d72 7,f7 removing a human from the chain of decisionmaking for actions critical to informing and executing decisions by the ,president1 including initiating or terminating nuclear weapons employment2 or 7,g7 obtaining1 receiving1 or otherwise accessing1 for a fee or other consideration1 any personal data of a ,united ,states person from a data broker or other third-party source1 including any other governmental entity 7including ,state1 local1 or ,federal entities7 if such data was obtained by that entity in a manner that would violate this subsection if performed by the ,department4 7#b7 ,personal data ,for purposes of paragraph 7#a77;,g71 the term personal data-- 7,a7 means data1 derived data1 or any unique identifier that is linked to1 or is reasonably linkable to1 an individual or to an electronic device that is linked to1 or is reasonably linkable to1 one or more individuals in a household2 7,b7 includes anonymized data that1 if combined with other data1 can be linked to1 or is reasonably linkable to1 an individual or to an electronic device that identifies1 is linked to1 or is reasonably linkable to one or more individuals in a household2 and 7,c7 does not include data that is lawfully available through ,federal1 ,state1 or local government records or through widely distributed media4 7c7 ,applicability ,the prohibitions in this section shall apply to all activities of the ,department1 including operational planning1 logistics1 intelligence analysis1 and operational support to any other agencies or military personnel1 regardless of status of deployment4 ,in any case in which the ,department shares systems1 data1 or analytical products derived from a covered artificial intelligence capability or protected data 7as described in subsection 7b77#g77 with another department or agency of the ,federal ,government1 the receiving department or agency shall be subject to the same prohibitions and requirements as the ,department with respect to the use1 querying1 or further dissemination of such systems1 data1 or products4 ,the ,secretary shall ensure that such department or agency is notified of1 and in compliance with1 the restrictions under this section4 7d7 ,joint operations ,the prohibitions of this section shall apply to any ,departmental participation in joint task forces1 fusion centers1 or interagency working groups1 regardless of which agency serves as the lead or providing entity4 #h4 ,whistleblower protections 7a7 ,protections ,the ,secretary shall update such whistleblower protections as the ,secretary considers appropriate to clarify procedures for artificial intelligence systems1 which shall ensure that all personnel who develop1 assess1 deploy1 operate1 or use artificial intelligence as a component of a ,national ,security ,system 7as defined in section #ceeb7;b7 of title #dd1 ,united ,states ,code7 or otherwise for military or intelligence purposes can report concerns about artificial intelligence1 including concerns about improperly harming civil liberties1 privacy1 safety1 or compliance with the requirements of this ,act1 to relevant oversight officials4 7b7 ,compliance with existing law ,updates to whistleblower protections under subsection 7a7 shall be compliant with-- 7#a7 section #ajcd of title #aj1 ,united ,states ,code1 and its implementation guidance under ,department of ,defense ,directive #gjej4jf 7relating to military whistleblower protection72 7#b7 section #bcjb of title #e1 ,united ,states ,code2 7#c7 title ,,vi of the ,intelligence ,authorization ,act of ,fiscal ,year #bjad 7,public ,law #aac-abf2 #abh ,stat4 #adad7 and the amendments made by such title2 and 7#d7 section #dgja of title #aj1 ,united ,states ,code4 7c7 ,anonymity 7#a7 ,in general ,the ,secretary shall ensure that adequate and special procedures exist to receive1 investigate1 respond to1 and redress complaints anonymously1 when appropriate1 and that reports may be made confidentially so that personnel may raise concerns without fear of reprisal for any disclosures related to artificial intelligence4 7#b7 ,exception ,confidentiality under paragraph 7#a7 shall not extend to significant misconduct1 including violations of law or government ethics1 or when otherwise precluded by law4 7d7 ,investigation and corrective action ,the ,secretary shall ensure that adequate and special procedures exist for reporting incidents of artificial intelligence misuse1 investigations of reported incidents1 and processes for taking corrective actions4 #i4 ,reporting requirements 7a7 ,semiannual report on artificial intelligence use cases ,not later than six months after the date of the enactment of this ,act1 and semiannually thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report containing the following3 7#a7 ,a description of exemplary use cases of artificial intelligence within the ,department during the preceding year1 identifying best practices1 failure modes1 and risk mitigation strategies employed4 7#b7 ,after-action reports on significant operational use of covered artificial intelligence capabilities during the preceding year1 including-- 7,a7 an assessment of system performance and effectiveness of human oversight2 7,b7 any identified risks or failure modes2 7,c7 a detailed accounting of any critical incidents1 including incidents resulting in civilian casualties or injuries1 damage to civilian objects or protected infrastructure1 or other unintended effects inconsistent with the ,law of ,armed ,conflict2 and 7,d7 recommendations for improvements to human oversight1 system safeguards1 and the mitigation of future civilian harm4 7#c7 ,a description of training provided to human operators of autonomous and semi-autonomous weapon systems and other artificial intelligence capabilities covered by this ,act1 including documentation on employment procedures and responsible retirement of systems4 7b7 ,annual report on infrastructure and barriers ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report identifying-- 7#a7 any significant barriers to the responsible development and deployment of artificial intelligence within the ,department2 7#b7 gaps in infrastructure required to support traceability1 auditability1 risk analysis1 and forensics for artificial intelligence capabilities covered by this ,act2 and 7#c7 recommended hardware1 software1 or other infrastructure needs necessary to fulfill the requirements of this ,act4 7c7 ,semiannual report on compliance for fielded systems ,not later than six months after the date of the enactment of this ,act1 and semiannually thereafter1 the ,secretary shall submit to the appropriate committees of ,congress a report identifying-- 7#a7 each fielded system for which compliance under this ,act cannot be certified1 with a description of the specific requirement or requirements with which the system does not comply2 7#b7 the operational or national security legal justification1 if any1 for the continued fielding of each such non-compliant system2 and 7#c7 a remediation plan and timeline for bringing each such system into compliance or1 if compliance is not practicable1 a plan for the responsible retirement or modification of the system4 #aj4 ,exceptions 7a7 ,cyberspace capabilities ,the requirements of sections #c1 #d1 #e1 and #g shall not apply to autonomous or semi-autonomous cyberspace capabilities4 7b7 ,unarmed platforms ,the requirements of sections #c1 #d1 #e1 and #g shall not apply to unarmed platforms1 whether remotely operated or operated by onboard personnel1 and whether autonomous or semi-autonomous4 7c7 ,time-,critical defensive systems ,in cases where the time available between threat detection and required intercept is insufficient to allow for individual human authorization of each engagement and provided that such operations do not have death or serious bodily harm to any person as a reasonably foreseeable consequence1 the requirements of sections #c1 #d1 #e1 and #g shall not apply to-- 7#a7 systems employed exclusively for the defense against incoming munitions1 rockets1 artillery1 mortars1 missiles2 or 7#b7 unmanned aircraft systems4 7d7 ,other excluded systems ,the requirements of sections #c1 #d1 #e1 and #g shall not apply to-- 7#a7 unguided munitions2 7#b7 munitions manually guided by the human operator1 such as laser- or wire-guided munitions2 7#c7 mines2 7#d7 unexploded explosive ordnance2 or 7#e7 autonomous or semi-autonomous systems that are not weapon systems4 7e7 ,identification systems ,the requirements of sections #c1 #d1 #e1 and #g shall not apply to a system described in section #c7;a77#b7 with the sole purpose and outcome of identifying potential targets without further intervention by or communication with a human operator4 #aa4 ,effective date2 review of systems currently in use 7a7 ,in general ,this ,act shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7b7 ,review of systems currently in use 7#a7 ,in general ,not later than #ahj days after the effective date set forth in subsection 7a71 the ,secretary shall conduct a review of all systems described in section #c7;a77#b7 that are in use by the ,department as of such effective date4 7#b7 ,attestation ,upon completion of the review required under paragraph 7#a71 the ,secretary shall submit to the appropriate committees of ,congress a written attestation identifying1 for each reviewed system1 whether the system is compliant with the requirements of sections #c1 #f1 and #g4 7#c7 ,noncompliant systems ,for any system that the ,secretary cannot attest is in compliance with sections #c1 #f1 and #g1 the ,secretary shall immediately cease all use of such system and1 concurrent with the attestation required under paragraph 7#b71 submit to appropriate committees of ,congress a remediation plan that includes-- 7,a7 a description of the specific requirement or requirements with which the system does not comply2 7,b7 an operational or national security justification1 if any1 for continued use of the system pending remediation2 and 7,c7 a timeline for bringing the system into compliance or1 if compliance is not practicable1 for the responsible retirement or modification of the system4