GW Law Faculty Publications & Other Works

Document Type

Article

Publication Date

2026

Status

Accepted

Abstract

The Department of Defense's January 2026 AI Strategy memorandum presents governance and speed as a zero-sum tradeoff, labeling core oversight mechanisms such as ATOs, test and evaluation, and contracting processes as "blockers" to be waived through a newly established Barrier Removal Board. By doing so, the memo converts governance from a baseline into a negotiable exception. It also redefines "Responsible AI" in ways that depart from the Department's prior lifecycle-assurance framework, mandates "any lawful use" contract language that shifts risk management responsibility to the government, and elevates undefined criteria like "model objectivity" to primary procurement standards, without providing contracting officers a methodology for evaluating compliance. These changes unfold as the acquisition workforce is hollowed out through retirements, buyouts, and reductions in force, reducing the institutional capacity needed to exercise the very discretion the memo demands. The Feature Comment argues that the resulting gap between waiver authority and oversight capacity is not a policy choice but a procurement integrity risk, one that will compound as the acquisition workforce shrinks and institutional oversight erodes.

GW Paper Series

2026-12

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