WHAT THIS BILL REGULATES · 4 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 "Artificial IntelligenceArtificial intelligenceThe 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(h)(1) Weapon Accountability and Risk Evaluation Act of 2024" or the "AWARE Act of 2024".
Establishes the short title of the bill as the "Artificial Intelligence Weapon Accountability and Risk Evaluation Act of 2024" or the "AWARE Act of 2024." No compliance obligations are created.
(a)(1) 1 Not later than one year after the date of the enactment of this Act the Secretary of Defense shall commence creating, and not later than three years after the date of the enactment of this Act the Secretary shall complete creating, a ledger of all uses by the Department of Defense of covered systemsCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2).
(a)(2) 1 The Secretary shall ensure that the ledger created pursuant to paragraph (1)— (A) is a structured, indexed database; and (B) maintained and updated on a regular basis to ensure that the ledger is accurate.
Requires the Secretary of Defense to create a structured, indexed ledger cataloging all Department of Defense uses of AI-enabled weapon systems, targeting systems, and decision support systems. Creation must commence within one year of enactment and be completed within three years. The ledger must be maintained and updated on a regular basis to ensure accuracy — making this an ongoing inventory obligation rather than a one-time exercise.
(b)(1) 2 Not later than three years after the date of the enactment of this Act, the Secretary shall establish a risk assessment process that holistically evaluates each unique implementation by the Department of a covered systemCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2) included in the ledger required by subsection (a).
(b)(2)(A) 2 The process required by paragraph (1) shall, at a minimum, cover matters relating to the following: (i) Dependability. (ii) Cybersecurity. (iii) Privacy. (iv) Bias. (v) Bias towards escalation. (vi) Deployment span. (vii) Risk of civilian harm.
(b)(2)(B) 2 For purposes of subparagraph (A)(v), the process shall cover the intent of the system and assess for any bias relating to whether the technology ever escalates or deescalates conflict situations.
(b)(2)(C) 2 For purposes of subparagraph (A)(vi), the process shall address changes in risk levels based on whether covered systemsCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2) are deployed singularly or in clusters or swarms.
(b)(3) 3 The Secretary shall ensure that the process required by paragraph (1) requires reevaluation of each covered systemCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2) included in the ledger required by subsection (a)— (A) not less frequently than annually; and (B) whenever— (i) the underlying foundation artificial intelligenceArtificial intelligenceThe 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(h)(1) model receives an update; (ii) the Department procures any covered systemCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2) that has not previously been evaluated by the process; and (iii) a new weapons review of a covered systemCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2) is conducted by the Department.
Requires the Secretary of Defense to establish, within three years of enactment, a holistic risk assessment process for each unique implementation of a covered system in the ledger. The process must evaluate seven enumerated risk domains: dependability, cybersecurity, privacy, bias, bias towards escalation (whether the system escalates or deescalates conflict), deployment span (risk variation when systems are deployed individually versus in clusters or swarms), and risk of civilian harm. Assessments must be conducted at least annually and triggered by foundation model updates, new system procurement, or new weapons reviews — making this a continuing obligation with both periodic and event-driven reassessment requirements.
(c) 4 The Secretary shall annotate in the ledger required by subsection (a) when— (1) a covered systemCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2) developed or owned by the Department is shared with a foreign country, exported to a foreign country, or used by any foreign person or government; and (2) such sharing, exporting, or use presents additional risk covered by the risk assessment process required by subsection (b).
Requires the Secretary of Defense to annotate the AI ledger when a covered system developed or owned by the Department is shared with, exported to, or used by a foreign country, person, or government, and when such sharing or use presents additional risk covered by the risk assessment process. This creates a tracking obligation for international transfers of military AI capabilities, linking export events to the risk assessment framework.
(d) 5 Not later than one year after the date of the enactment of this Act and not less frequently once each year thereafter until the date that is three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the progress of the Secretary in carrying out this Act.
Requires the Secretary of Defense to submit annual progress reports to Congress beginning one year after enactment and continuing until three years after enactment, covering the Secretary's progress in creating the ledger and establishing the risk assessment process. This is a transitional reporting obligation that sunsets once the ledger and risk assessment process are complete.
(e)(1) 6 Not later than three years after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary shall submit to Congress an annual submission that includes the following: (A) The ledger required by subsection (a). (B) An annual report on the findings of the Secretary with respect to the risk assessments conducted, in the year covered by the annual submission, pursuant to the risk assessment process established under subsection (b). (C) The annotations made under subsection (c) during the year covered by the annual submission.
(e)(2) 6 Each submission under paragraph (1) shall be, to the fullest extent possible, in unclassified form, but may include a classified annex to the degree the Secretary considers necessary.
(e)(3) 7 The Secretary shall make available to the public the unclassified portion of each annual submission under paragraph (1).
Establishes an ongoing annual reporting obligation beginning three years after enactment. Each annual submission must include three components: the complete ledger of covered systems, a report on the year's risk assessment findings, and the export annotations made during the year. Submissions must be unclassified to the fullest extent possible, though a classified annex is permitted. The unclassified portion must be made publicly available — creating a public transparency obligation for military AI use.
(f) It is the sense of Congress that the ledger created pursuant to subsection (a)(1) will reflect strong and continuing commitment of the Department of Defense to being a transparent global leader in establishing responsible policies regarding military uses of artificial intelligenceArtificial intelligenceThe 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(h)(1)-enabled weapons, targeting, and decision support systems.
Expresses the sense of Congress that the AI ledger will reflect the Department of Defense's strong and continuing commitment to being a transparent global leader in establishing responsible policies for military AI-enabled weapons, targeting, and decision support systems. This is a non-binding expression of legislative intent that creates no compliance obligation.
(g) Nothing in this section shall be construed to reduce any existing privacy, safety, or security protections or guardrails in effect before the date of the enactment of this Act.
A savings clause specifying that nothing in the bill shall be construed to reduce any existing privacy, safety, or security protections or guardrails in effect before the date of enactment. This creates no new obligation.
(h)(1) The term "artificial intelligenceArtificial intelligenceThe 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(h)(1)" has the meaning given such term in section 5002 of the National Artificial IntelligenceArtificial intelligenceThe 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(h)(1) Initiative Act of 2020 (15 U.S.C. 9401).
(h)(2) The term "covered systemCovered systemThe term "covered system" includes the following systems that are enabled by artificial intelligence: (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).Sec. 2(h)(2)" includes the following systems that are enabled by artificial intelligenceArtificial intelligenceThe 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(h)(1): (A) A weapon system. (B) A targeting system. (C) A decision support system that aids a system described in subparagraph (A) or (B).
Defines the two key terms used throughout the bill. Artificial intelligence incorporates by reference the definition in section 5002 of the National Artificial Intelligence Initiative Act of 2020. Covered system means AI-enabled weapon systems, targeting systems, and decision support systems that aid weapon or targeting systems. This definitions section creates no independent compliance obligation.