CONSULT Act of 2023

Prohibits the Department of Defense from awarding contracts to any individual or entity, including those producing AI-powered products and services, that has entered into working agreements with any organization from a blacklist of national security threats.

  • Authority: United States Congress
  • Parent authority: Federal government
  • Jurisdiction: United States
  • Collections: U.S. federal laws
  • Most recent activity: Defunct
  • Most recent activity date: 2025-01-03

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
  • Disinformation, surveillance, and influence at scale
  • Cyberattacks, weapon development or use
  • Competitive dynamics

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 malicious actors (4.1, 4.2) and competitive dynamics (6.4). The document primarily addresses procurement restrictions rather than AI-specific risks, with only brief mentions of AI in the context of national security industries.

Sector coverage

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

  • Professional & Technical Services
  • National Security

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

  • Agriculture, Mining, Construction & Manufacturing
  • Information
  • Scientific Research & Development Services
  • Management, Administrative & Support Services

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs Professional and Technical Services (consulting companies) and National Security sectors. It also references multiple national security industries including Information (AI services), Scientific Research and Development Services, and Manufacturing (semiconductors, biotechnology, critical minerals).

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act introduced in the U.S. Senate that establishes mandatory prohibitions on Department of Defense contracts with specific entities, includes enforcement mechanisms with penalties and debarment procedures, and requires regulatory implementation.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: United States Congress; Senator Joni Ernst; Senator Mark Kelly; Senator Maggie Hassan; Senate Committee on Homeland Security and Governmental Affairs
  • Summary: The bill was introduced in the U.S. Senate by Senator Ernst and co-sponsored by Senators Kelly and Hassan, then referred to the Committee on Homeland Security and Governmental Affairs for consideration.

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Entities: Consulting companies providing services to Department of Defense; Covered consultancies; Individuals or entities submitting bids for DoD consulting contracts
  • Summary: The Act targets consulting companies and entities that provide consulting services to the Department of Defense, particularly those with relationships with foreign adversarial entities. This includes companies producing AI-powered products and services as part of national security industries.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Secretary of Defense; Department of Defense; Office of Foreign Assets Control of the Department of the Treasury
  • Summary: The Secretary of Defense is designated as the primary enforcement authority with powers to terminate contracts, initiate debarment proceedings, issue procurement policies, and revise acquisition regulations. The document also references existing enforcement lists maintained by Treasury and Commerce departments.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Secretary of Defense; Department of Defense; Department of Commerce; Department of the Treasury; Secretary of State
  • Summary: The Secretary of Defense is responsible for monitoring compliance through disclosure requirements and certification processes. The document also references monitoring lists maintained by Commerce (Entity List, Denied Persons List, Unverified List) and Treasury (NS-CMIC-List), with the Secretary of State making determinations about state sponsors of terrorism.

AI Lifecycle Stages

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

No lifecycle stages identified.

AI Lifecycle Summary

The document does not focus on specific AI lifecycle stages but rather on procurement restrictions for entities involved in AI-related industries. It mentions AI only in the context of defining national security industries, without addressing development, deployment, or operational stages of AI systems.

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 mentions AI only once in the context of defining 'national security industry' to include entities 'producing products or services that use artificial intelligence.' It does not define AI models, AI systems, or any specific AI technical categories, nor does it establish compute thresholds or distinguish between different types of AI.

https://www.congress.gov/bill/118th-congress/senate-bill/2034
https://agora.eto.tech/instrument/597
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Document data from AGORA, CSET Emerging Technology Observatory.