Jump to content

NDAA FY2025 AI Provisions: Difference between revisions

From AI Law Wiki
← Older editNewer edit →
AILawWikiAdmin (talk | contribs)
Bureaucrats, Interface administrators, Administrators
4,445 edits
Reorganize AI law coverage: article; preserve dated records and navigation; from NDAA FY2025 AI Provisions oldid=1069
Correct FY2025 NDAA public-law number and approval date from enacted text
Line 8: Line 8:
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Jurisdiction</strong><br />United States — Federal</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Jurisdiction</strong><br />United States — Federal</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Instrument type</strong><br />Legislation</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Instrument type</strong><br />Legislation</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Bill / legal citation</strong><br />Pub. L. 118-331 (enacted as amendment to H.R. 5009)</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Bill / legal citation</strong><br />Pub. L. 118-159 (H.R. 5009)<ref name="ndaa25-enacted">[https://www.govinfo.gov/content/pkg/PLAW-118publ159/html/PLAW-118publ159.htm Public Law 118-159], 138 Stat. 1773, approved December 23, 2024 (H.R. 5009), § 1.</ref></div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Legislative or adoption status</strong><br />See the dated record below.</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Legislative or adoption status</strong><br />See the dated record below.</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Effective dates</strong><br />See the timeline and source documents below.</div>
<div style="padding:0.55em 0; border-bottom:1px solid #e0e5eb;"><strong>Effective dates</strong><br />See the timeline and source documents below.</div>
Line 19: Line 19:
== Legislative details ==
== Legislative details ==
*'''Official Title:''' Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
*'''Official Title:''' Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
*'''Public Law:''' Pub. L. 118-331 (enacted as amendment to H.R. 5009)
*'''Public Law:''' Pub. L. 118-159 (H.R. 5009)<ref name="ndaa25-enacted">[https://www.govinfo.gov/content/pkg/PLAW-118publ159/html/PLAW-118publ159.htm Public Law 118-159], 138 Stat. 1773, approved December 23, 2024 (H.R. 5009), § 1.</ref>
*'''Signed:''' Late December 2024
*'''Signed:''' December 23, 2024<ref name="ndaa25-enacted" />
*'''Total Authorization:''' US$895 billion
*'''Total Authorization:''' US$895 billion


<span id="Legislative_History"></span>
<span id="Legislative_History"></span>
== Legislative history ==
== Legislative history ==
The FY2025 NDAA was released as a compromise text on December 7, 2024. The House passed the bill on December 11, and the Senate followed on December 18, with an 85-14 vote. President Biden signed the bill the following week. The final text exceeded 1,800 pages.
The FY2025 NDAA was released as a compromise text on December 7, 2024. The House passed the bill on December 11, and the Senate followed on December 18, with an 85-14 vote. The bill was approved on December 23, 2024.<ref name="ndaa25-enacted" /> The final text exceeded 1,800 pages.


Notably, several proposed AI bills were excluded from the final legislation, including the CREATE AI Act. The absence of these provisions reflected the challenging politics of AI legislation even in the defense authorization context.
Notably, several proposed AI bills were excluded from the final legislation, including the CREATE AI Act. The absence of these provisions reflected the challenging politics of AI legislation even in the defense authorization context.
Line 77: Line 77:
<span id="Sources"></span>
<span id="Sources"></span>
== Source documents ==
== Source documents ==
*[https://www.govinfo.gov/content/pkg/PLAW-118publ159/html/PLAW-118publ159.htm Public Law 118-159 — enacted text]
*K&L Gates — [https://www.klgates.com/Key-Provisions-on-Artificial-Intelligence-in-Fiscal-Year-2025-NDAA-1-2-2025 Key Provisions on AI in FY2025 NDAA]
*K&L Gates — [https://www.klgates.com/Key-Provisions-on-Artificial-Intelligence-in-Fiscal-Year-2025-NDAA-1-2-2025 Key Provisions on AI in FY2025 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]
*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]
Line 88: Line 89:
*[[NDAA FY2026 AI Provisions]]
*[[NDAA FY2026 AI Provisions]]
*[[Advancing American AI Act]]
*[[Advancing American AI Act]]
*[[Legislation]]
*[[Legislation and Regulation]]
 
== References ==
<references />
</div>
</div>
</div>
</div>

Revision as of 11:35, 8 September 2026

Legislation & Regulation · United States — Federal · Browse by topic
Law & policy information
Name
NDAA FY2025 AI Provisions
Jurisdiction
United States — Federal
Instrument type
Legislation
Bill / legal citation
Pub. L. 118-159 (H.R. 5009)[1]
Legislative or adoption status
See the dated record below.
Effective dates
See the timeline and source documents below.
Last source verification
Not recorded as a single article-wide date; see the dated source notes.

Overview

The NDAA FY2025 AI Provisions refer to the artificial intelligence-specific sections enacted as part of the National Defense Authorization Act for Fiscal Year 2025. Enacted as an amendment to H.R. 5009 (the WILD Act), the FY2025 NDAA authorized US$895 billion in defense spending and contained several significant AI provisions despite the exclusion of some proposed AI bills.

Legislative details

  • Official Title: Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025
  • Public Law: Pub. L. 118-159 (H.R. 5009)[1]
  • Signed: December 23, 2024[1]
  • Total Authorization: US$895 billion

Legislative history

The FY2025 NDAA was released as a compromise text on December 7, 2024. The House passed the bill on December 11, and the Senate followed on December 18, with an 85-14 vote. The bill was approved on December 23, 2024.[1] The final text exceeded 1,800 pages.

Notably, several proposed AI bills were excluded from the final legislation, including the CREATE AI Act. The absence of these provisions reflected the challenging politics of AI legislation even in the defense authorization context.

Requirements

Pilot Programs

  • Section 236: Pilot program for AI in security-related biotechnology applications
  • Section 237: Pilot for AI to optimize workflow at DOD facilities
  • Both pilots overseen by the Secretary of Defense with yearly evaluations

Human Factors and Infrastructure

  • Section 1531: Integration of human factors into AI system design and deployment
  • Section 1532: Enable advanced AI capabilities through advanced computing infrastructure
  • Section 1533: Develop a plan to streamline budgeting for data acquisition needed for AI training and deployment

Center of Excellence for AI-Enabled Weapons

  • Section 1534: Directed the Secretary of Defense to evaluate the feasibility of establishing centers for AI-enabled weapons systems development, including:
    • Capturing, analyzing, and sharing lessons learned
    • Facilitating collaboration between DOD, foreign partners, industry, academia, and nonprofits
    • Ukraine specifically mentioned as an international partner that would benefit

Chief Digital and AI Officer Governing Council

  • Section 225: Expanded duties regarding AI models and advanced AI technologies:
    • Identify and assess AI models/technologies that could pose national security risk if accessed by adversaries
    • Develop strategies to prevent unauthorized access by adversary countries
    • Make recommendations to Congress and federal agencies for legislative or administrative action on AI

International AI Partnerships

  • Section 1087: Secretary of Defense directed to establish a working group with U.S. allies for AI defense initiatives, including:
    • Comparing tools and practices
    • Identifying solutions to accelerate interoperability
    • Developing shared strategies and regulations
    • Testing member capabilities
    • Sharing best practices for innovation

Congressional Perspectives on AI

  • Section 1638: Recognized AI opportunities (strengthening strategic communications, reducing collateral damage risk, enhancing weapons functionality modeling) alongside risks (compromising U.S. strategic assets, including nuclear safeguards). Advised particular care to mitigate AI development risks.

Business Operations

  • Section 1007: Empowered DOD to use AI for business operations, including audits of FY2025 financial statements

DOD AI Initiatives (Concurrent)

Concurrent with the legislation, DOD launched US$100 million in AI initiatives through the AI Rapid Capabilities Cell (AI RCC) — a partnership between CDAO and the Defense Innovation Unit. Projects included generative AI pilots for warfighting, computation and digital sandboxes for AI experimentation, and rapid user-centric experimentation.

Significance

The FY2025 NDAA continued the trend of expanding AI provisions within the annual defense authorization, with particular emphasis on pilot programs, international cooperation, and infrastructure. The expansion of CDAO's governing council duties reflected growing concern about AI-related national security risks, while the Center of Excellence feasibility study signaled interest in institutionalizing AI weapons development.

The exclusion of the CREATE AI Act and other standalone AI bills from the NDAA illustrated the challenges of advancing comprehensive AI legislation through the defense authorization process, where provisions must relate directly to national security.

Source documents

References

  1. ↑ 1.0 1.1 1.2 1.3 Public Law 118-159, 138 Stat. 1773, approved December 23, 2024 (H.R. 5009), § 1.
Retrieved from "https://ailawwiki.com/index.php?title=NDAA_FY2025_AI_Provisions&oldid=3922"