FY2026 NDAA, Section 6602 ("Artificial intelligence development and usage by intelligence community")

Summary

Designates Chief Artificial Intelligence Officers for each intelligence community element to hold lead responsibility for AI governance.

Requires the Chief Information Officer of the Intelligence Community, in coordination with the Chief AI Officer, to identify AI systems commonly used and suitable for reuse by other intelligence elements within one year after the enactment of this Act.

Instructs that policies be adopted for sharing custom-developed AI codes and components, ensuring compatibility with the protection of intelligence sources and methods.

Directs the Chief Information Officer to provide model contract terms to address technical data rights, AI dataset requirements, and promote competition, emphasizing interoperable AI products and services.

Requires heads of intelligence community elements to track and evaluate AI performance based on efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, and trustworthiness.

Renames intelligence community officials as Chief Artificial Intelligence Officers by amending Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023.

SEC. 6602. ARTIFICIAL INTELLIGENCE DEVELOPMENT AND USAGE BY INTELLIGENCE COMMUNITY. (a) Chief Artificial Intelligence Officers for Elements of the Intelligence Community.--Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 (50 U.S.C. 3334m) is amended-- (1) in subsection (a), by striking ``the officials'' and inserting ``the Chief Artificial Intelligence Officers''; and (2) in subsection (c)-- (A) in the subsection heading, by striking ``Leads'' and inserting ``Chief Artificial Intelligence Officers''; (B) by striking ``the designated element lead responsible'' and inserting ``the designated Chief Artificial Intelligence Officer, with lead responsibility''; and (C) by striking ``designated element leads'' and inserting ``designated Chief Artificial Intelligence Officers''.

Directs the intelligence community to identify and share reusable AI systems and functions among its elements no later than one year after the enactment of this Act.

(b) Identification of Commonly Used Artificial Intelligence Systems and Functions That Can Be Re-used by Other Elements.--Not later than 1 year after the date of the enactment of this Act, the Chief Information Officer of the Intelligence Community shall, in coordination with the Chief Artificial Intelligence Officer of the Intelligence Community, identify commonly used artificial intelligence systems or functions that have the greatest potential for re-use without significant modification by other intelligence community elements. (c) Sharing of Identified Applications and Functions.--To the extent consistent with the protection of intelligence sources and methods, for any artificial intelligence system or function identified pursuant to subsection (b), each Chief Artificial Intelligence Officer of an element of the intelligence community shall adopt a policy to promote the sharing, to the extent practical, of any custom-developed code and other key technical components, including models and model weights, whether agency-developed or procured, with other elements of the intelligence community that rely on common artificial intelligence systems or functions.

Instructs the intelligence community to adopt model contract terms for AI data rights and track and evaluate the performance of AI systems.

(d) Model Contract Terms.--The Chief Information Officer of the Intelligence Community shall provide the elements of the intelligence community with model contractual terms for consideration by the heads of those elements to appropriately address technical data rights and rights related to artificial intelligence dataset requirements, minimize dependency on proprietary information, and promote the adoption of procurement practices that encourage competition to sustain a robust marketplace for artificial intelligence products and services, including through contractual preferences for interoperable artificial intelligence products and services. (e) Tracking and Evaluating Performance.--Each head of an element of the intelligence community shall track and evaluate performance of procured and element-developed artificial intelligence, including efficacy, safety, fairness, transparency, accountability, appropriateness, lawfulness, and trustworthiness.