[Congressional Record Volume 171, Number 131 (Wednesday, July 30, 2025)]
[Senate]
[Page S4921]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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