James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Section 6718 ("Certification relating to information technology and software systems")

Requires heads of intelligence elements to certify IT systems' compatibility with AI before renewing or entering into new contracts. Mandates the Director of National Intelligence to provide guidance on incentives for the adoption of new technologies including additional funding and training.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: NDAA provisions;U.S. federal laws
  • Most recent activity: Enacted
  • Most recent activity date: 2022-12-23

Risk subdomain coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • AI system security vulnerabilities
  • Governance failure

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of AI risk domains, with limited focus on system security (2.2) and governance failure (6.5). The document primarily addresses IT procurement and AI integration requirements rather than specific AI risks and harms.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • National Security

All other sectors had no coverage in this document.

Sectors Summary

This document exclusively governs the National Security sector, specifically intelligence community elements' procurement and integration of AI-compatible IT systems. No other economic sectors are regulated.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute enacted by the U.S. Congress as part of the National Defense Authorization Act, with mandatory certification requirements and enforcement authority vested in the Director of National Intelligence.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress
  • Summary: The document is Section 6718 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, which is federal legislation enacted by the U.S. Congress.

Target

  • Entity Types: AI_Governance_Actor, AI_Deployer
  • Entities: elements of the intelligence community; heads of elements of the intelligence community
  • Summary: The document explicitly targets heads of intelligence community elements who must certify IT systems before entering into, renewing, or extending contracts. These entities are both governance actors (as government agencies) and deployers of AI systems.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Director of National Intelligence
  • Summary: The Director of National Intelligence has authority to receive certifications, grant exemptions, and issue binding guidance to intelligence community elements.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: congressional intelligence committees; Subcommittee on Defense of the Committee on Appropriations of the Senate; Subcommittee on Defense of the Committee on Appropriations of the House of Representatives
  • Summary: Congressional committees receive guidance submissions and oversight reports, providing legislative monitoring of implementation and compliance.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily addresses the Plan and Design stage by requiring compatibility assessments with AI technologies before procurement, and the Deploy stage through contract execution requirements. It also implicitly covers Operate and Monitor through provisions for technology integration, system replacement, and personnel training.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

No technical scope terms identified.

Technical Scope Summary

The document explicitly mentions artificial intelligence as an emerging technology that IT systems must be compatible with. It does not define AI models, AI systems, or specify particular types of AI (frontier, general purpose, task-specific, etc.). No compute thresholds or model weight distribution approaches are mentioned.

https://www.congress.gov/bill/117th-congress/house-bill/7776/text
https://agora.eto.tech/instrument/1161
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Document data from AGORA, CSET Emerging Technology Observatory.