Ruben Gallego (D-AZ)

S.Amdt. 3860

S.Amdt. 3860 · Senate amendment

A Democratic amendment with no cosponsors

Changes S. 2296 — National Defense Authorization Act for Fiscal Year 2026

Offered

Offered, and not voted on yet. Most amendments never get a vote: the Senate takes up the bill and moves on without them.

Its path through Congress

  1. Introduced
  2. Pending Consideration

What this amendment would do

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.