S.Amdt. 3860

This amendment, submitted by Mr. Gallego, aims to add a new section (SEC. 881) to the bill. Its purpose is to create a certification requirement for Department of Defense contractors who work with autonomy, computer vision, or machine learning models.

The amendment would require these contractors to certify the following:

• Whether any data used to develop, test, or fine-tune their AI systems came from or was processed by a Chinese military company.
• That they have enough documentation to prove where their training, testing, and evaluation data came from.
• That they have internal audits and controls to make sure they stay compliant.

The Secretary of Defense would be required to set up a standardized framework for these certifications, which must include a form signed by a senior executive, rules for subcontractors, and penalties for false certifications like fines or termination.

There are specific exceptions:

• Requirements do not apply if the Secretary of Defense decides using data from a Chinese military company is necessary for threat analysis, intelligence, or counterintelligence.
• The framework allows for waivers if they are essential to national security, provided congressional defense committees are notified within 15 days.