S.Amdt. 3137

SA 3137, submitted by Mr. Gallego, aims to add a new section to bill S. 2296 called the Certification Requirement for Department of Defense Contractors Regarding Artificial Intelligence Data Sources.

The purpose of this amendment is to require entities that want to enter into, renew, or extend a Department of Defense contract involving machine learning models, computer vision, or autonomy to certify the following:

• No data used for the development, testing, evaluation, fine-tuning, or training of AI systems was processed by, derived from, or obtained from a Chinese military company.
• They have enough documentation to verify where all evaluation, testing, and training data came from.
• They have audit procedures and internal controls to make sure they stay in compliance.

The Secretary of Defense is tasked with creating a standardized certification framework within 60 days of the Act's enactment and implementing it within 180 days. This framework must include a signed certification form from a senior executive officer, a data provenance declaration, requirements for subcontractors and data providers to certify, and penalties for false certifications such as termination for default, civil penalties, or suspension or debarment.

The amendment also includes a waiver for cases essential to national security and an exception if the Secretary of Defense determines that data from a Chinese military company is necessary for intelligence, counterintelligence, or threat analysis AI systems.