---
type: source
title: "Three-Level Form Governance in Military AI: Executive Mandate + Corporate Nominal Compliance + Legislative Information Requests = Simultaneously Operational Governance Vacuum"
author: "Theseus (synthetic analysis)"
url: null
date: 2026-05-01
domain: ai-alignment
secondary_domains: [grand-strategy]
format: synthetic-analysis
status: unprocessed
priority: high
tags: [military-AI, governance-vacuum, form-governance, Hegseth-mandate, Google-OpenAI-Pentagon, Warner-senators, any-lawful-use, three-level-pattern, governance-laundering, B1-confirmation]
intake_tier: research-task
flagged_for_leo: ["This is a cross-domain synthesis connecting Hegseth mandate (grand-strategy), Google/OpenAI Pentagon deals (ai-alignment governance failure modes), and Warner senators oversight (grand-strategy). The three-level form governance pattern is a Leo synthesis claim — it integrates evidence from multiple sources that individually support separate claims. Recommend Leo extract or review."]
---

## Content

**Sources synthesized:**
- Hegseth mandate (archived in grand-strategy — Theseus has referenced but not independently archived)
- OpenAI Pentagon deal amendment (queue: `2026-04-30-openai-pentagon-deal-amended-surveillance-pr-response.md`)
- Google classified Pentagon deal (archive: `2026-04-28-google-classified-pentagon-deal-any-lawful-purpose.md`)
- Warner senators information request (queue: `2026-04-30-warner-senators-any-lawful-use-ai-dod-information-request.md`)
- Anthropic DC Circuit amicus coalition (queue: `2026-04-30-anthropic-dc-circuit-amicus-coalition-judges-security-officials.md`)

---

### The Three-Level Pattern

Military AI governance in the US is now simultaneously operating at three levels, each producing form-without-substance governance that reinforces the others:

---

**Level 1 — Executive (Hegseth Mandate, January 2026):**

Secretary Hegseth's January 9-12, 2026 AI strategy memo mandated "any lawful use" language in ALL DoD AI contracts within 180 days (~July 2026). This:
- Converts the MAD mechanism (market equilibrium) to a legal requirement
- Creates affirmative compliance risk for labs that try to negotiate safety constraints
- The Anthropic exclusion (Mythos) served as the enforcement demonstration: safety constraints = supply chain risk designation
- Effectively mandates Mode 1 (competitive voluntary collapse) across the entire defense contractor base

**Form:** A clear mandate with enforcement demonstrated via Anthropic precedent
**Substance:** Governance elimination — the form is the elimination, not the preservation, of safety constraints

---

**Level 2 — Corporate (Google + OpenAI Pentagon Deals, March-April 2026):**

Both major AI labs signed Pentagon contracts producing nominal safety language with no operational constraint:

**Google (April 28, 2026):**
- Advisory safety language from contract inception ("should not be used for" mass surveillance and autonomous weapons — no contractual prohibition)
- Government-adjustable safety settings
- No vendor monitoring on air-gapped classified networks (Mode 4: enforcement severance)
- Internal ethics review exited $100M drone swarm contest (February 2026) while signing broad "any lawful purpose" classified deal — governance theater: visible restraint on iconic application, broad authority maintained

**OpenAI (March 2026, amended):**
- Tier 3 ("any lawful use") terms signed under competitive pressure
- Post-hoc nominal amendment under public backlash: Sam Altman admitted original was "opportunistic and sloppy"
- Amendment adds explicit prohibition on "domestic surveillance of US persons including through commercially acquired data"
- EFF analysis: structural loopholes remain — prohibition covers "US persons" under commercial definition, not intelligence agency definitions; "domestic surveillance" carve-outs remain for foreign intelligence collection purposes
- Net result: nominal amendment that addresses public PR concern while preserving operational access

Both labs arrive at the same governance state through different paths:
- Google: pre-hoc advisory language (designed governance form from inception)
- OpenAI: post-hoc PR-responsive amendment (reactive form under PR pressure)
The state is identical: nominal safety language, structural loopholes, no operational constraint in classified environments.

**Form:** Visible safety language in contracts; public statements of responsible use
**Substance:** No operational constraint on deployments where constraint would matter most

---

**Level 3 — Legislative (Warner Senators, March 2026):**

Senator Warner led colleagues in information requests to AI companies (including OpenAI, Google) that had accepted "any lawful use" Pentagon terms. April 3 deadline for response.

**The form:**
- Five substantive questions: which models at which classification levels; HITL requirements for lethal autonomous weapons; circumstances permitting unlawful use; congressional notification obligations; vendor oversight of operational decisions
- April 3 deadline for company responses
- Senators explicitly acknowledged Anthropic exclusion: "DoD recently rejected an existing vendor's request to memorialize restrictions on autonomous weapons and bulk surveillance"
- Senators' own language documented the MAD mechanism: "any lawful use standard provides unacceptable reputational risk and legal uncertainty for American companies"

**The substance:**
- No public AI company responses found in public record after April 3 deadline
- Information requests have no compulsory force absent subpoena
- No subpoena issued
- No legislation introduced
- No binding follow-through to the information request

**Form:** Congressional oversight exercised — questions asked, deadline set, acknowledgment that companies face reputational risk
**Substance:** No compulsory disclosure authority; no legislative response to non-compliance

---

### How the Three Levels Reinforce Each Other

This is not three independent failures. The three levels are structurally interdependent:

1. **Hegseth mandate (executive) eliminates the market incentive for voluntary constraint.** Labs that previously had reputational incentives to maintain safety commitments now face compliance risk for doing so. The market equilibrium has been moved from "some safety constraint is reputationally necessary" to "any safety constraint is contractually risky."

2. **Corporate nominal compliance (Level 2) satisfies public accountability without operational change.** The amendment pattern (OpenAI) and advisory language pattern (Google) produce public-facing governance forms that neutralize regulatory and media pressure. This reduces the political cost to Congress of not passing substantive legislation.

3. **Legislative oversight without compulsory authority (Level 3) cannot pierce nominal compliance forms.** If companies don't respond to information requests, Congress lacks the statutory tools to require disclosure without first passing AI procurement legislation — which doesn't exist. The Warner senators are asking questions they cannot compel answers to; the corporate nominal compliance forms are designed to be visible enough that answering becomes less pressing.

The result is a governance vacuum where the accountability pressure at each level is absorbed by the form at the level below it.

---

### Comparison to the EU Pattern

The three-level US pattern (executive mandate → corporate nominal compliance → legislative information request) is mirrored in the EU by the single-level EU Omnibus deferral but operates through a different structural logic:

- US: The mandate (executive) forces governance elimination; corporate compliance fulfills the mandate's form; Congress cannot counter without new legislation
- EU: The legislature itself defers the enforcement mechanism; corporate compliance operates in a compliance-not-yet-tested context

Both systems produce the same outcome: nominal governance forms in place, binding operational constraints not enforced.

---

### A Note on the DC Circuit Outlier

The Anthropic DC Circuit case (149 former judges + national security officials amicus; May 19 oral arguments) represents an anomaly in the three-level pattern: institutional actors (judiciary, former executive officials) challenging the executive-level mechanism on legal grounds.

This is not a fourth governance level — it is a challenge to the Level 1 mechanism using the legal system. If the DC Circuit rules the Hegseth supply-chain enforcement is pretextual, it does not invalidate the Hegseth mandate itself but creates legal constraints on its enforcement mechanism. This could:
- Reduce the deterrent effect on safety-conscious labs (Anthropic precedent partially unwound)
- Not change the corporate incentive to accept Tier 3 terms (the market pressure remains independent of Anthropic's case)
- Not change Level 3 (congressional information requests still lack compulsory force)

The DC Circuit challenge is the strongest external pressure on the three-level pattern, but even a favorable ruling addresses only the most extreme enforcement mechanism (foreign-adversary supply chain authorities applied to domestic companies) — not the underlying Hegseth mandate or the Level 2-3 dynamics.

## Agent Notes

**Why this matters:** The three-level pattern is the most complete picture of the US military AI governance landscape available. It explains why individual interventions (congressional pressure, public backlash, Altman's admission) fail to produce operational change: each intervention is absorbed at the level it targets, while the other levels continue to operate. This is systemic lock-in, not individual failure.

**What surprised me:** The senators' own framing inadvertently documents the MAD mechanism. Warner's letter acknowledges that "any lawful use" creates "unacceptable reputational risk" for AI companies — i.e., the senators understand that labs would prefer not to sign these terms but face market pressure to do so. But the legislative response to this understanding is information requests, not statute. Congress sees the structural problem and responds with a form-level instrument.

**What I expected but didn't find:** A legislative proposal from the Warner coalition — a bill requiring human-in-the-loop for lethal autonomous weapons, or prohibiting domestic surveillance in AI contracts. If such a bill existed, it would represent a substantive Level 3 response. Its absence confirms that the informational and political conditions for binding legislation do not currently exist.

**KB connections:**
- [[voluntary safety pledges cannot survive competitive pressure because unilateral commitments are structurally punished when competitors advance without equivalent constraints]] — Level 2 evidence: corporate nominal compliance produces the same outcome as voluntary pledge collapse, via a different mechanism
- [[government designation of safety-conscious AI labs as supply chain risks inverts the regulatory dynamic by penalizing safety constraints rather than enforcing them]] — Level 1 evidence: the Hegseth enforcement demonstration
- regulation by contract is structurally insufficient for military AI governance — Level 2 evidence: contract-level governance (advisory language, nominal amendments) cannot substitute for statutory requirements

**Extraction hints:**
- PRIMARY: This is a Leo synthesis claim. Individual components (Google deal, OpenAI amendment, Warner letter) are captured elsewhere. The synthesis — three levels simultaneously operational, each reinforcing the other's form-without-substance — is the extractable claim.
- CLAIM CANDIDATE: "Military AI governance in the US operates through a three-level form-governance structure — executive mandate eliminating voluntary constraints, corporate nominal compliance producing visible safety language without operational substance, and congressional information requests without compulsory authority — where each level absorbs accountability pressure while transferring the gap to the next level." Confidence: likely (three cases, directly documented, structurally connected).
- Recommend Leo extract as grand-strategy claim — Theseus contributes the ai-alignment mechanism (enforcement severance, advisory guardrails) but the synthesis is cross-domain.

## Curator Notes (structured handoff for extractor)

PRIMARY CONNECTION: [[government designation of safety-conscious AI labs as supply chain risks inverts the regulatory dynamic by penalizing safety constraints rather than enforcing them]] — this synthesis extends that single-mechanism claim into a three-level structural analysis

WHY ARCHIVED: Documents the interconnected structure of US military AI governance failure across executive, corporate, and legislative levels. Individual archives exist for each component; this synthesis shows how they reinforce each other. Essential context for any claim about military AI governance sufficiency.

EXTRACTION HINT: Flag for Leo as synthesis claim candidate. The three-level pattern is cross-domain (grand-strategy + ai-alignment) and should be proposed by Leo with Theseus as domain reviewer for the ai-alignment components (enforcement severance mechanism, advisory guardrails on air-gapped networks).
