Editing NDAA FY2026 AI Provisions

The '''NDAA FY2026 AI Provisions''' refer to the artificial intelligence-specific sections enacted as part of the National Defense Authorization Act for Fiscal Year 2026 (Pub. L. 119-60). The 3,000+ page legislation contains extensive AI provisions organized primarily under Title XV, Subtitles B through D, with additional provisions in other titles. It is the most comprehensive NDAA for AI to date.

== Overview ==

*'''Parent Act:''' National Defense Authorization Act for Fiscal Year 2026
*'''Public Law:''' Pub. L. 119-60
*'''Bill Number:''' S. 1071 (119th Congress)
*'''Signed:''' December 18, 2025

== Legislative History ==

The FY2026 NDAA was the product of extensive negotiations between the House and Senate Armed Services Committees. The House Armed Services Committee passed its version 55-2, and the Senate Armed Services Committee advanced its version 26-1 on July 9, 2025. Both chambers debated the bills on the floor through September 2025 with hundreds of amendments. The final bill was signed into law on December 18, 2025, authorizing over $8 billion in defense spending.

== Key AI Provisions ==

=== Subtitle D — Artificial Intelligence (Title XV) ===

==== Section 1531 — Data Centers ====
Modifies the FY2025 NDAA high-performance computing roadmap to require the Secretary of Defense to ensure data centers installed on military installations consider energy and usage requirements.

==== Section 1532 — Prohibited AI Systems ====
'''Prohibits''' DOD from using or acquiring AI systems:
*Domiciled in covered nations: '''North Korea, China, Russia, Iran'''
*Subject to foreign influence or control
*Specifically names '''DeepSeek''' and '''High Flyer AI''' as prohibited systems
*Contractors also barred from using prohibited systems
*Secretary of Defense may grant case-by-case waivers for scientific research, training, evaluation, or national security functions (counterterrorism/counterintelligence)

==== Section 1533 — AI Model Assessment Team ====
Directs the Secretary of Defense to:
*Establish a '''cross-functional team for AI model assessment and oversight by June 2026'''
*Develop a department-wide assessment framework by '''June 2027''' including:
**Standards for performance
**Testing procedures
**Security requirements
**Ethical use principles

==== Section 1534 — AI Sandbox Environments ====
Requires the Secretary of Defense to create a task force to develop and deploy '''AI sandbox environments''' — isolated computing environments for AI experimentation, training, and development. Must create standard requirements department-wide.

==== Section 1535 — AI Futures Steering Committee ====
Creates the '''Artificial Intelligence Futures Steering Committee''' to:
*Shape long-term AI strategy
*Identify emerging technologies
*Recommend investments in research, workforce, and ethics
*Focus on '''general AI''' and transformative capabilities

=== Subtitle B — Cybersecurity (AI-Specific) ===

==== Section 1512 — AI/ML Cybersecurity Policy ====
Requires a comprehensive cybersecurity and governance policy for all DOD AI/ML systems, addressing risks including:
*Counterfeit parts
*Data poisoning
*Jailbreaks
*Unauthorized access

==== Section 1513 — AI Procurement Security ====
Directs development of physical and cybersecurity procurement requirements to mitigate risk for covered DOD AI/ML systems.

==== Section 1515 — AI in Cybersecurity Training ====
Requires incorporation of AI considerations into DOD cybersecurity training for personnel.

=== Intelligence Community AI Provisions ===

==== Section 6602 — IC AI Governance ===
*IC CIO and Chief AI Officer must identify commonly used AI systems/functions reusable across IC elements
*Each Chief Intelligence Officer must create policies for sharing custom-developed code
*'''Section 6602(e)''' directs evaluation of procured and element-developed AI, evaluating "efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, and trustworthiness"
*'''Section 6602(d)''' requires development of model contractual terms addressing technical data rights and minimizing dependency on proprietary information
*'''Rule of construction:''' Nothing authorizes directing a vendor to "alter a model to favor a particular viewpoint" — aligns with [[Executive Order 14319]] on Preventing Woke AI

==== Section 6603 — Publicly Available AI Models ====
Addresses hosting publicly available models (e.g., ChatGPT, Google Gemini) in classified environments. Requires AI testing standards evaluating performance, efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, and trustworthiness.

==== Section 6604 — DeepSeek Removal ====
DNI and IC heads must create guidelines requiring removal of DeepSeek from national security systems.

=== Autonomous Weapons Oversight ===

==== Section 1654 — Missile Defense Subscription Prohibition ====
Prohibits the Secretary of Defense from developing or operating missile defense systems with kinetic capabilities using subscription-based, pay-for-service, or recurring-fee models to engage or intercept targets — deemed "inherently governmental functions."

==== Section 1061 — Autonomous Weapons Waiver Reporting ====
Requires the Pentagon to report waivers of DOD Directive 3000.09 (safeguards for autonomous/semi-autonomous weapons) to congressional defense committees, including descriptions of weapons systems, rationale, and anticipated duration.

=== Other AI Provisions ===

==== Section 8521 — Defense Production Act Amendments ====
Amends the Defense Production Act to direct Treasury to update outbound investment rules:
*Add countries to specified countries of concern: Cuba, Iran, North Korea, Russia, Venezuela
*Expand covered foreign parties
*Impose restrictions on national security-related transactions

== Significance ==

The FY2026 NDAA represents the most comprehensive congressional action on AI to date. Several provisions are particularly significant:

*The '''prohibition on Chinese/Russian AI systems''' (Section 1532) is the first statutory ban on specific foreign AI products by the U.S. government, targeting DeepSeek by name
*The '''AI Model Assessment Team''' (Section 1533) creates a statutory framework for DOD-wide AI evaluation, moving beyond the voluntary guidelines of previous NDAAs
*The '''"viewpoint neutrality" rule of construction''' (Section 6602) codifies the Trump administration's approach to AI ideology, preventing the government from directing vendors to alter models for viewpoint-based reasons
*The '''missile defense subscription prohibition''' (Section 1654) addresses concerns about defense contractors locking critical military capabilities behind subscription models

Unlike the Trump administration's AI Action Plan, which emphasized acceleration without brakes, the FY2026 NDAA calls for creation of several new internal processes, frameworks, and governance structures to identify, measure, and mitigate risks from advanced AI systems — reflecting a legislative preference for structured risk management alongside rapid AI adoption.

== Sources ==

*CRS — [https://www.congress.gov/crs-product/IF13197 Cyber and AI Provisions in the FY2026 NDAA]
*K&L Gates — [https://www.klgates.com/Artificial-Intelligence-Provisions-in-the-Fiscal-Year-2026-House-and-Senate-National-Defense-Authorization-Acts-9-11-2025 AI Provisions in FY2026 NDAAs]
*WilmerHale — [https://www.wilmerhale.com/en/insights/client-alerts/20251219-what-the-ndaa-means-for-ai-and-cybersecurity What the NDAA Means for AI and Cybersecurity]
*Brennan Center — [https://www.brennancenter.org/our-work/analysis-opinion/good-bad-and-really-weird-ai-provisions-annual-defense-policy-bill The Good, Bad, and Really Weird AI Provisions in the NDAA]
*Government Contracts Legal Forum — [https://www.governmentcontractslegalforum.com/2025/12/articles/dod/the-fy-2026-national-defense-authorization-act/ The FY2026 NDAA]
*Akin Gump — [https://www.akingump.com/en/insights/alerts/congress-moves-forward-with-ai-measures-in-key-defense-legislation Congress Moves Forward with AI Measures]

== See Also ==

*[[NDAA AI Provisions]]
*[[NDAA FY2024 AI Provisions]]
*[[NDAA FY2025 AI Provisions]]
*[[Advancing American AI Act]]
*[[Executive Order 14319]]
*[[Legislation]]

[[Category:Federal Legislation]]
[[Category:United States]]