National Defense Authorization Act for Fiscal Year 2026, Section 1061 ("Notification of waivers under Department of Defense Directive 3000.09")

Amends Chapter 3 of title 10, United States Code, to require the Secretary of Defense to notify congressional defense committees of waivers related to autonomy in weapon systems, including rationale, description, and duration, within 30 days. Allows a classified annex.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: NDAA provisions;U.S. federal laws;FY2026 NDAA
  • Most recent activity: Enacted
  • Most recent activity date: 2025-12-18

Risk subdomain coverage

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

  • Cyberattacks, weapon development or use

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
  • AI possessing dangerous capabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has minimal coverage of approximately 3-4 subdomains, with focus on AI system security (2.2), cyberattacks and weapons (4.2), governance failure (6.5), and dangerous capabilities (7.2). Coverage is concentrated in weapon systems governance, security, and malicious use prevention domains.

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 addressing autonomous weapon systems within the Department of Defense. It establishes notification requirements for waivers related to autonomy in weapon systems and reporting on lethal autonomous weapon systems.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute enacted by the United States Congress with mandatory notification requirements and legal obligations for the Secretary of Defense.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress
  • Summary: The document is a section of the National Defense Authorization Act for Fiscal Year 2026, which is enacted by the United States Congress as the legislative authority.

Target

  • Entity Types: AI_Governance_Actor, AI_Developer
  • Entities: Secretary of Defense; Department of Defense
  • Summary: The document imposes notification requirements on the Secretary of Defense regarding waivers for autonomous weapon systems under DoD Directive 3000.09, making the Department of Defense the primary target of regulation.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Congressional defense committees
  • Summary: The congressional defense committees are designated as the recipients of mandatory notifications and serve as the oversight body to enforce compliance with the notification requirements.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Congressional defense committees
  • Summary: The congressional defense committees receive notifications and reports on waivers and deployment of lethal autonomous weapon systems, positioning them as the monitoring body for compliance and implementation.

AI Lifecycle Stages

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

  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily covers the Deploy and Operate and Monitor stages of the AI lifecycle, focusing on notification requirements for waivers related to autonomous weapon systems and reporting on their approval and deployment. There is minimal coverage of the Verify and Validate stage through references to legal reviews.

Technical Scope

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

  • AI Systems
  • Task-specific AI

Technical Scope Summary

The document explicitly mentions autonomous weapon systems and lethal autonomous weapon systems, but does not reference AI models, AI systems in general terms, or any specific categories like frontier AI, general purpose AI, or foundation models. It focuses specifically on military autonomous technologies.

https://www.congress.gov/bill/119th-congress/senate-bill/1071/text
https://agora.eto.tech/instrument/2716
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Document data from AGORA, CSET Emerging Technology Observatory.