S.Amdt. 3137

SA 3137. Mr. GALLEGO submitted an amendment intended to be proposed
by him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle E of title VIII, add the following:

SEC. 881. CERTIFICATION REQUIREMENT FOR DEPARTMENT OF DEFENSE
CONTRACTORS REGARDING ARTIFICIAL INTELLIGENCE
DATA SOURCES.

(a) In General.--Beginning on the date that is 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall require any entity seeking to enter into,
renew, or extend a contract with the Department of Defense
involving autonomy, computer vision, or machine learning
models to submit a certification to the contracting officer
affirming each of the following:
(1) No data used in the training, testing, evaluation,
fine-tuning, or development of artificial intelligence
systems owned or used by the entity was obtained from,
derived from, or processed by a Chinese military company.
(2) The entity maintains documentation sufficient to verify
the provenance of all training, testing, and evaluation data
used in the development of artificial intelligence systems
provided under the contract.
(3) The entity has established internal controls and audit
procedures to ensure ongoing compliance with this section.
(b) Exception for Threat Analysis.--The requirements of
subsection (a) shall not apply if the use of data obtained
from, derived from, or processed by a Chinese military
company is necessary to train an artificial intelligence
system of the Department of Defense in threat analysis,
intelligence, or counterintelligence as determined by the
Secretary of Defense.
(c) Certification and Compliance.--
(1) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a standardized certification framework for
compliance with the requirements of subsection (a).
(2) Elements.--The framework established under paragraph
(1) shall include each of the following:
(A) A certification form to be signed by a senior executive
officer.
(B) A data provenance declaration.
(C) Flow-down certification requirements for subcontractors
and data providers.
(D) Waiver authority for cases determined essential to
national security, with notification to the congressional
defense committees not later than 15 days after the date on
which the waiver is granted.
(E) Penalties for false certifications, including
suspension or debarment, civil penalties, and termination for
default.
(3) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall implement
the standardized certification framework established under
paragraph (1).
(d) Definitions.--In this section:
(1) Artificial intelligence system.--The term ``artificial
intelligence system'' means any data system, software,
hardware, application, tool, or utility that operates, in
whole or in part, using artificial intelligence.
(2) Chinese military company.--The term ``Chinese military
company'' means an entity identified as a Chinese military
company operating in the United States pursuant to section
1260H(a) of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116-283;10 U.S.C. 113 note).
(3) Data.--The term ``data'' means any information used to
train, test, validate, or improve artificial intelligence
systems, including text, images, video, audio, synthetic
data, and pre-processed data sets.
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