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CRS Products
CRS Report R45178, Artificial Intelligence and National Security,
by Kelley M. Sayler
CRS Report R44466, Lethal Autonomous Weapon Systems:
Issues for Congress, by Nathan J. Lucas
CRS In Focus IF11294, International Discussions Concerning
Lethal Autonomous Weapon Systems, by Kelley M. Sayler and
Michael Moodie
CRS Report R45392, U.S. Ground Forces Robotics and
Autonomous Systems (RAS) and Artificial Intelligence (AI):
Considerations for Congress, coordinated by Andrew Feickert
Other Resources
Department of Defense Directive 3000.09, “Autonomy in
Weapon Systems,” Updated May 8, 2017,
https://www.esd.whs.mil/portals/54/documents/dd/issuances/
dodd/300009p.pdf.
U.S. Government, “Humanitarian Benefits of Emerging
Technologies in the Area of Lethal Autonomous Weapons,”
March 28, 2018, https://www.unog.ch/80256EDD006B8954/
(httpAssets)/7C177AE5BC10B588C125825F004B06BE/$file/C
CW_GGE.1_2018_WP.4.pdf.
U.S. Government, “Human-Machine Interaction in the
Development, Deployment and Use of Emerging Technologies
in the Area of Lethal Autonomous Weapons Systems,” August
28, 2018, https://www.unog.ch/80256EDD006B8954/
(httpAssets)/D1A2BA4B7B71D29FC12582F6004386EF/$file/2
018_GGE+LAWS_August_Working+Paper_US.pdf.
United Nations Office at Geneva, “Background on Lethal
Autonomous Weapons Systems in the CCW,”
https://www.unog.ch/80256EE600585943/
(httpPages)/8FA3C2562A60FF81C1257CE600393DF6?OpenD
ocument.
Defense Innovation Board, “AI Principles: Recommendations
on the Ethical Use of Artificial Intelligence by the Department
of Defense,” October 2019.

Weapons review process. DODD 3000.09 requires that the
software and hardware of covered semi-autonomous and
autonomous weapon systems, be tested and evaluated to
ensure they
Function as anticipated in realistic operational
environments against adaptive adversaries taking
realistic and practicable countermeasures, [and]
Defense Primer: U.S. Policy on Lethal Autonomous Weapon Systems
https://crsreports.congress.gov
complete engagements within a timeframe and
geographic area, as well as other relevant
environmental and operational constraints,
consistent with commander and operator intentions.
If unable to do so, the systems will terminate the
engagement or obtain additional operator input
before continuing the engagement.
Systems must also be “sufficiently robust to minimize the
probability and consequences of failures.” Any changes to
the system’s operating state—for example, due to machine
learning—would require the system to go through testing
and evaluation again to ensure that it has retained its safety
features and ability to operate as intended. The directive
also notes that “the use of AI capabilities in autonomous or
semi-autonomous systems will be consistent with the DOD
AI Ethical Principles.”
Senior-level review. In addition to the standard weapons
review process, a secondary senior-level review is required
for covered autonomous and semi-autonomous systems.
This review requires the Under Secretary of Defense for
Policy (USD[P]), the Vice Chairman of the Joint Chiefs of
Staff (VCJCS), and the Under Secretary of Defense for
Research and Engineering (USD[R&E]) to approve the
system before formal development. USD(P), VCJCS, and
the Under Secretary of Defense for Acquisition and
Sustainment (USD[A&S]) must then approve the system
before fielding. In the event of “urgent military need,” this
senior-level review may be waived by the Deputy Secretary
of Defense. DODD 3000.09 additionally establishes the
Autonomous Weapon System Working Group—composed
of representatives of USD(P); USD(R&E); USD(A&S);
DOD General Counsel; the Chief Digital and AI Officer;
the Director, Operational Test and Evaluation; and the
Chairman of the Joint Chiefs of Staff—to support and
advise the senior-level review process.
Congressional notification. Per Section 251 of the FY2024
NDAA (P.L. 118-31), the Secretary of Defense is to notify
the defense committees of any changes to DODD 3000.09
within 30 days. The Secretary is directed to provide a
denoscription of the modification and an explanation of the
reasons for the modification.
International Discussions of LAWS
Since 2014, the United States has participated in
international discussions of LAWS, sometimes colloquially
referred to as “killer robots,” under the auspices of the
United Nations Convention on Certain Conventional
Weapons (U.N. CCW). In 2017, these discussions
transitioned from an informal “meeting of experts” to a
formal “Group of Governmental Experts” (GGE) tasked
with examining the technological, military, ethical, and
legal dimensions of LAWS. In 2018 and 2019, the GGE has
considered proposals by states parties to issue political
declarations about LAWS, as well as proposals to regulate
them.
In addition, approximately 30 countries and 165
nongovernmental organizations have called for a
preemptive ban on LAWS due to ethical concerns,
including concerns about operational risk, accountability
for use, and compliance with the proportionality and
distinction requirements of the law of war. The U.S.
government does not currently support a ban on LAWS and
has addressed ethical concerns about the systems in a
March 2018 white paper, “Humanitarian Benefits of
Emerging Technologies in the Area of Lethal Autonomous
Weapons.” The paper notes that “automated target
identification, tracking, selection, and engagement

functions can allow weapons to strike military objectives
more accurately and with less risk of collateral damage” or
civilian casualties.
Although the U.N. CCW is a consensus-based forum, the
outcome of its discussions could hold implications for U.S.
policy on lethal autonomous weapons.