ETO AGORA FY2026 NDAA, Section 1532 ("Guidance and prohibition on use of certain artificial intelligence")

FY2026 NDAA, Section 1532 ("Guidance and prohibition on use of certain artificial intelligence")

Proposed 2025-03-14 | Enacted 2025-12-18 | Official source

Summary

Prohibits the Department of Defense and its contractors from using covered artificial intelligence (AI) developed covered AI companies within 30 days of enactment. Allows Secretary of Defense to issue waivers for research or national security purposes with necessary risk mitigation steps. Provides definitions of covered AI systems, companies, and nations.

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Key facts

🏛️ This document has been enacted by the United States Congress. For authoritative text and metadata, visit the official source.

🎯 This document primarily applies to the government, rather than the private sector.

📜 This document's name is National Defense Authorization Act for Fiscal Year 2026, Section 1532 ("Guidance and prohibition on use of certain artificial intelligence"). AGORA also tracks this document under the name FY2026 NDAA, Section 1532 ("Guidance and prohibition on use of certain artificial intelligence"). It is part of FY2026 NDAA.

↳ This document is part of a longer one: FY2026 NDAA. Some AGORA documents are "split off" from longer documents that mix AI and non-AI content, such as omnibus authorization or appropriations laws in the United States Congress. Read more >>

Themes AI risks, applications, governance strategies, and other themes addressed in AGORA documents.
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Governance strategies (2)

AI application areas (1)

Full text

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  • Thematic tags for this document are awaiting validation (peer review by a second AGORA editor).
SEC. 1532. GUIDANCE AND PROHIBITION ON USE OF CERTAIN ARTIFICIAL INTELLIGENCE. (a) Guidance and Prohibitions.-- (1) Exclusion and removal from department systems and devices.--Except as provided in subsection (b), not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall require the exclusion and removal of covered artificial intelligence from the systems and devices of the Department of Defense. (2) Consideration of guidance for department systems and devices.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall consider issuing Department of Defense-wide guidance to exclude and remove from systems and devices of the Department artificial intelligence developed by a covered artificial intelligence company which the Secretary determines poses a risk to national security. (3) Prohibition for contractors.-- (A) Use of covered artificial intelligence.--Except as provided in subsection (b), not later than 30 days after the date of enactment of this Act, no contractor may, during the period of performance of such contractor under a contract with the Department of Defense, use covered artificial intelligence with respect to the performance of a contract with the Department. (B) Use of artificial intelligence developed by a covered artificial intelligence company.--Except as provided in subsection (b), if the Secretary of Defense issues guidance described in paragraph (2) with respect to an artificial intelligence described in such paragraph, no contractor may, during the period of performance of such contractor under a contract with the Department of Defense, use such artificial intelligence with respect to the performance of a contract with the Department.

Requires the Secretary of Defense and contractors to exclude and prohibit the use of certain artificial intelligence systems in defense systems and contracts based on national security risk determinations, and directs department-wide governance guidance for such exclusions.

Requires the Secretary of Defense and contractors to exclude and prohibit the use of certain artificial intelligence systems in defense systems and contracts based on national security risk determinations, and directs department-wide governance guidance for such exclusions.
(b) Waiver.-- (1) In general.--The Secretary of Defense may waive a prohibition under subsection (a), on a case-by-case basis, if the Secretary determines that the waiver is necessary-- (A) for the purpose of scientifically valid research (as defined in section 102 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9501)); (B) for the purpose of evaluation, training, testing, or other analysis needed for national security; (C) for the purpose of conducting counter terrorism, counterintelligence, or other operational military activities supporting national security; or (D) for the purpose of fulfilling mission critical functions. (2) Mitigation of risks.--If the Secretary of Defense issues a waiver pursuant to paragraph (1), the Secretary shall take such steps as the Secretary considers necessary to mitigate any risks due to the issuance of the waiver.

Allows the Secretary of Defense to grant case-by-case waivers permitting otherwise prohibited use of covered artificial intelligence for research, national security, military, or mission-critical purposes, and to take steps to mitigate risks arising from such waivers.

Allows the Secretary of Defense to grant case-by-case waivers permitting otherwise prohibited use of covered artificial intelligence for research, national security, military, or mission-critical purposes, and to take steps to mitigate risks arising from such waivers.
(c) Definitions.--In this section: (1) The 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) and includes the systems and techniques described in paragraphs (1) through (5) of section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 4061 note prec.). (2) The term ``covered artificial intelligence'' means-- (A) any artificial intelligence, or successor artificial intelligence, developed by the Chinese company DeepSeek; or (B) any artificial intelligence, or successor artificial intelligence, developed by High Flyer or an entity owned by, funded by, or supported by High Flyer or an entity with respect to which High Flyer directly or indirectly owns at least a 20 percent stake. (3) The term ``covered nation'' has the meaning given such term in section 4872 of title 10, United States Code. (4) The term ``covered artificial intelligence company'' means an entity that produces or provides artificial intelligence models or applications and-- (A) is included on-- (i) the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce; or (ii) the civil-military fusion list maintained under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 113 note); (B) is domiciled in a covered nation; or (C) is subject to unmitigated foreign ownership, control, or influence by a covered nation, as determined by the Secretary of Defense in accordance with the National Industrial Security Program or any successor to such program.

Defines “artificial intelligence,” “covered artificial intelligence,” and “covered artificial intelligence companies,” including AI developed by specified foreign-linked entities and entities subject to foreign ownership or control.

Defines “artificial intelligence,” “covered artificial intelligence,” and “covered artificial intelligence companies,” including AI developed by specified foreign-linked entities and entities subject to foreign ownership or control.