II 

Calendar No. 722 

118TH CONGRESS 

2D SESSION S. 3162 

To improve the requirement for the Director of the National Institute of 

Standards and Technology to establish testbeds to support the development and testing of trustworthy artificial intelligence systems and to 

improve interagency coordination in development of such testbeds, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 30, 2023 

Mr. LUJA ́N (for himself, Mr. DURBIN, Mr. THUNE, Mrs. BLACKBURN, Mr. 

RISCH, and Mr. WELCH) introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 17 (legislative day, DECEMBER 16), 2024 

Reported by Ms. CANTWELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To improve the requirement for the Director of the National 

Institute of Standards and Technology to establish 

testbeds to support the development and testing of trustworthy artificial intelligence systems and to improve 

interagency coordination in development of such testbeds, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Testing and Evalua5 tion Systems for Trusted Artificial Intelligence Act of 

6 2023’’ or the ‘‘TEST AI Act of 2023’’. 

7 SEC. 2. INTERAGENCY COORDINATION TO FACILITATE 

8 TESTBEDS. 

9 Subsection (g) of section 22A of the National Insti10 tute of Standards and Technology Act (15 U.S.C. 278h– 

11 1) is amended to read as follows: 

12 ‘‘(g) TESTBEDS.— 

13 ‘‘(1) DEFINITION OF ARTIFICIAL INTEL14 LIGENCE.—In this subsection, the term ‘artificial in15 telligence’ has the meaning given such term in sec16 tion 5002 of the National Artificial Intelligence Act 

17 of 2020 (15 U.S.C. 9401). 

18 ‘‘(2) IN GENERAL.— The Director shall, in co19 ordination with the Secretary of Energy, the head of 

20 the interagency committee established under section 

21 5103(a) of the National Artificial Intelligence Initia22 tive Act of 2020 (15 U.S.C. 9413(a)), and such 

23 heads of such Federal agencies, private sector enti24 ties, and institutions of higher education as the head 

25 of such interagency committee considers appropriate, 


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1 establish testbeds, including virtual and experimental 

2 environments, to support the development and test3 ing of trustworthy artificial intelligence systems, in4 cluding testbeds that support development of artifi5 cial intelligence guardrails, examine risks of misuse 

6 of such systems, and evaluate the vulnerabilities and 

7 conditions that may lead to failure in, malfunction 

8 of, or attacks on such systems. 

9 ‘‘(3) MEMORANDUM OF UNDERSTANDING.— 

10 ‘‘(A) IN GENERAL.—The Secretary of 

11 Commerce and the Secretary of Energy shall 

12 enter into a memorandum of understanding to 

13 implement the coordination between the Sec14 retary of Energy and the Director required by 

15 paragraph (2). 

16 ‘‘(B) REQUIREMENTS.—The memorandum 

17 shall be sufficient to ensure the Institute and 

18 other Federal agencies have access as may be 

19 necessary to the resources, personnel, and facili20 ties at the Department of Energy, including the 

21 cross-cutting research and development pro22 grams— 

23 ‘‘(i) to advance artificial intelligence 

24 tools, systems, facilities, capabilities, and 

25 workforce needs; 


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1 ‘‘(ii) to improve the reliability and 

2 trustworthiness of artificial intelligence 

3 methods and solutions relevant to the mis4 sion of the Federal agencies conducting de5 velopment or testing of artificial intel6 ligence systems for use by the agency, or 

7 in conducting Federal oversight of com8 mercial uses of artificial intelligence sys9 tems; and 

10 ‘‘(iii) to establish testbeds, including a 

11 classified testbed as necessary, to support 

12 safeguards and systems to prevent the mis13 use of artificial intelligence systems, par14 ticularly in but not limited to weapons of 

15 mass destruction proliferation, undertake 

16 annual risk assessments of artificial intel17 ligence misuse, formulate evaluation strate18 gies, and employ testing and evaluation re19 sources to support Federal oversight of ar20 tificial intelligence systems.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Testing and Evaluation 

23 Systems for Trusted Artificial Intelligence Act of 2024’’ or 

24 the ‘‘TEST AI Act of 2024’’. 


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1 SEC. 2. PILOT PROGRAM ON ESTABLISHING TESTBEDS TO 

2 SUPPORT DEVELOPMENT, RED-TEAMING, AND 

3 BLUE-TEAMING OF ARTIFICIAL INTEL4 LIGENCE SYSTEMS. 

5 (a) DEFINITIONS.—In this section: 

6 (1) ARTIFICIAL INTELLIGENCE BLUE-TEAMING.— 

7 The term ‘‘artificial intelligence blue-teaming’’ means 

8 an effort to conduct operational vulnerability evalua9 tions and provide mitigation techniques to entities 

10 who have a need for an independent technical review 

11 of the security posture of an artificial intelligence sys12 tem. 

13 (2) ARTIFICIAL INTELLIGENCE SYSTEM.—The 

14 term ‘‘artificial intelligence system’’ has the meaning 

15 given the term ‘‘artificial intelligence’’ in section 

16 5002 of the National Artificial Intelligence Act of 

17 2020 (15 U.S.C. 9401). 

18 (3) ARTIFICIAL INTELLIGENCE RED-TEAMING.— 

19 The term ‘‘artificial intelligence red-teaming’’ means 

20 structured adversarial testing efforts of an artificial 

21 intelligence system. 

22 (4) CRITICAL INFRASTRUCTURE.—The term 

23 ‘‘critical infrastructure’’ has the meaning given such 

24 term in subsection (e) of the Critical Infrastructures 

25 Protection Act of 2001 (42 U.S.C. 5195c(e)). 


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1 (5) NATIONAL SECURITY.—The term ‘‘national 

2 security’’ means— 

3 (A) the protection of the United States from 

4 foreign aggression; and 

5 (B) does not otherwise include the protec6 tion of the general welfare of the United States. 

7 (6) TESTBED.—The term ‘‘testbed’’ means a fa8 cility or mechanism equipped for conducting rigorous 

9 and replicable testing of tools and technologies to help 

10 evaluate the functionality, performance, and security 

11 of those tools or technologies. 

12 (b) PILOT PROGRAM REQUIRED.—Not later than 1 

13 year after the date of the enactment of this Act, the Director 

14 of the National Institute of Standards and Technology and 

15 the Secretary of Energy shall, in coordination with the head 

16 of the interagency committee established under section 

17 5103(a) of the National Artificial Intelligence Initiative Act 

18 of 2020 (15 U.S.C. 9413(a)), private sector entities, and 

19 institutions of higher education as the Director and Sec20 retary of Energy consider appropriate, jointly carry out a 

21 pilot program to assess the feasibility and advisability of 

22 establishing testbeds, including virtual and experimental 

23 environments, to support the development, red-teaming and 

24 blue-teaming of artificial intelligence systems. 


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1 (c) TESTBEDS.—In carrying out the pilot program re2 quired by subsection (b), the Director and the Secretary 

3 shall jointly establish one or more testbeds for the purposes 

4 described in subsection (b), including testbeds that support 

5 development of artificial intelligence standards for identi6 fying, evaluating, and mitigating cyber, data, and network 

7 vulnerabilities that if exploited would create substantial 

8 risks to critical infrastructure or national security. 

9 (d) PRIMARY FOCUS.—The primary focus of the pilot 

10 program required by subsection (b) shall be artificial intel11 ligence systems used by Federal agencies or that are under 

12 evaluation for future use by Federal agencies. 

13 (e) MEMORANDUM OF UNDERSTANDING.— 

14 (1) IN GENERAL.—The Secretary of Commerce 

15 and the Secretary of Energy shall enter into a memo16 randum of understanding to implement the coordina17 tion between the Secretary of Energy and the Director 

18 required by subsection (b). 

19 (2) REQUIREMENTS.—The memorandum of un20 derstanding entered into under paragraph (1) shall be 

21 sufficient to ensure the National Institute of Stand22 ards and Technology has such access as may be nec23 essary to the resources, personnel, and facilities at the 

24 Department of Energy, including the cross-cutting re25 search and development programs— 


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1 (A) to employ testing and evaluation re2 sources to support Federal agency adoption and 

3 use of artificial intelligence systems by improv4 ing the reliability, functionality, performance, 

5 and security of artificial intelligence systems 

6 used by the Federal agencies; 

7 (B) to establish testbeds, including a classi8 fied testbed as necessary, to support the testing, 

9 evaluation and development of artificial intel10 ligence systems to identify, evaluate, and miti11 gate cybersecurity, data, and network 

12 vulnerabilities that if exploited would create sub13 stantial risks to critical infrastructure or na14 tional security, such as weapons of mass destruc15 tion proliferation; and 

16 (C) to support the development of testing 

17 and evaluation standards, tools, and technologies 

18 inclusive of standards, tools, and technologies for 

19 artificial intelligence red-teaming and artificial 

20 intelligence blue-teaming, for such purposes. 

21 (f) METRICS.—Not later than 1 year after the com22 mencement of the pilot program required by subsection (b), 

23 the Director and the Secretary of Energy shall jointly de24 velop metrics to assess the effectiveness of the pilot program 


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1 in achieving the requirements set forth under subsection 

2 (e)(2). 

3 (g) EVALUATION.—Not later than 3 years after the 

4 commencement of the pilot program required by subsection 

5 (b) and not less frequently than once each year thereafter 

6 for the duration of the pilot program, the Director and the 

7 Secretary shall jointly— 

8 (1) evaluate the success of the pilot program, 

9 using the metrics developed pursuant to subsection (f); 

10 and 

11 (2) submit to Congress the findings of the Direc12 tor and the Secretary with respect to the evaluation 

13 carried out pursuant to paragraph (1). 

14 (h) SUNSET.—The pilot program required by sub15 section (b) and the memorandum of understanding entered 

16 into under subsection (e) shall both terminate on the date 

17 that is 7 years after the date of the enactment of this Act. 

18 (i) RESEARCH SECURITY.— 

19 (1) DEFINITIONS.—In this subsection: 

20 (A) APPROPRIATE CONGRESSIONAL COMMIT21 TEES.—The term ‘‘appropriate congressional 

22 committees’’ means— 

23 (i) the congressional intelligence com24 mittees (as defined in section 3 of the NaVerDate Sep 11 2014 07:17 Dec 18, 2024 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S3162.RS S3162

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1 tional Security Act of 1947 (50 U.S.C. 

2 3003)); 

3 (ii) the Committee on Armed Services, 

4 the Committee on Energy and Natural Re5 sources, the Committee on Foreign Rela6 tions, the Committee on the Judiciary, the 

7 Committee on Homeland Security and Gov8 ernmental Affairs, the Committee on Com9 merce, Science, and Transportation, and the 

10 Committee on Appropriations of the Senate; 

11 and 

12 (iii) the Committee on Armed Services, 

13 the Committee on Energy and Commerce, 

14 the Committee on Foreign Affairs, the Com15 mittee on the Judiciary, the Committee on 

16 Homeland Security, the Committee on 

17 Space, Science, and Technology, and the 

18 Committee on Appropriations of the House 

19 of Representatives. 

20 (B) COUNTRY OF RISK.—The term ‘‘country 

21 of risk’’ means a country identified in the report 

22 submitted to Congress by the Director of Na23 tional Intelligence in 2024 pursuant to section 

24 108B of the National Security Act of 1947 ( 50 


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1 U.S.C. 3043b) (commonly referred to as the ‘‘An2 nual Threat Assessment’’). 

3 (C) COVERED ASSIGNEE; COVERED VIS4 ITOR.—The terms ‘‘covered assignee’’ and ‘‘cov5 ered visitor’’ mean a foreign national from a 

6 country of risk that is ‘‘engaging in competitive 

7 behavior that directly threatens U.S. national se8 curity’’, who is not an employee of either the De9 partment of Energy or the management and op10 erations contractor operating a National Labora11 tory on behalf of the Department of Energy, and 

12 has requested access to the premises, information, 

13 or technology of a National Laboratory. 

14 (D) DIRECTOR.—The term ‘‘Director’’ 

15 means the Director of the Office of Intelligence 

16 and Counterintelligence of the Department of 

17 Energy (or their designee). 

18 (E) FOREIGN NATIONAL.—The term ‘‘for19 eign national’’ has the meaning given the term 

20 ‘‘alien’’ in section 101(a) of the Immigration 

21 and Nationality Act ( 8 U.S.C. 1101(a)). 

22 (F) NATIONAL LABORATORY.—The term 

23 ‘‘National Laboratory’’ has the meaning given 

24 the term in section 2 of the Energy Policy Act 

25 of 2005 ( 42 U.S.C. 15801). 


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1 (G) NONTRADITIONAL COLLECTION

2 THREAT.—The term ‘‘nontraditional collection 

3 threat’’ means a threat posed by an individual 

4 not employed by a foreign intelligence service, 

5 who is seeking access to information about a ca6 pability, research, or organizational dynamics of 

7 the United States to inform a foreign adversary 

8 or non-state actor. 

9 (2) SENSE OF THE SENATE.—It is the sense of 

10 the Senate that— 

11 (A) before being granted access to the prem12 ises, information, or technology of a National 

13 Laboratory, citizens of foreign countries identi14 fied in the 2024 Annual Threat Assessment of the 

15 intelligence community as ‘‘engaging in competi16 tive behavior that directly threatens U.S. na17 tional security’’ should be appropriately screened 

18 by the National Laboratory to which they seek 

19 access, and by the Office of intelligence and 

20 Counterintelligence of the Department, to iden21 tify risks associated with granting the requested 

22 access to sensitive military, or dual-use tech23 nologies; and 

24 (B) identified risks should be mitigated. 


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1 (3) REVIEW OF COUNTRY OF RISK COVERED VIS2 ITOR AND COVERED ASSIGNEE ACCESS REQUESTS.— 

3 The Director shall, in consultation with the applica4 ble Under Secretary of the Department of Energy that 

5 oversees the National Laboratory, or their designee, 

6 promulgate a policy to assess the counterintelligence 

7 risk that covered visitors or covered assignees pose to 

8 the research or activities undertaken at a National 

9 Laboratory. 

10 (4) ADVICE WITH RESPECT TO COVERED VISI11 TORS OR COVERED ASSIGNEES.— 

12 (A) IN GENERAL.—The Director shall pro13 vide advice to a National Laboratory on covered 

14 visitors and covered assignees when 1 or more of 

15 the following conditions are present: 

16 (i) The Director has reason to believe 

17 that a covered visitor or covered assignee is 

18 a nontraditional intelligence collection 

19 threat. 

20 (ii) The Director is in receipt of infor21 mation indicating that a covered visitor or 

22 covered assignee constitutes a counterintel23 ligence risk to a National Laboratory. 

24 (B) ADVICE DESCRIBED.—Advice provided 

25 to a National Laboratory in accordance with 


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1 paragraph (1) shall include a description of the 

2 assessed risk. 

3 (C) RISK MITIGATION.—When appropriate, 

4 the Director shall, in consultation with the ap5 plicable Under Secretary of the Department of 

6 Energy that oversees the National Laboratory, or 

7 their designee, provide recommendations to miti8 gate the risk as part of the advice provided in 

9 accordance with paragraph (1). 

10 (5) REPORTS TO CONGRESS.—Not later than 90 

11 days after the date of the enactment of this Act, and 

12 quarterly thereafter, the Secretary of Energy shall 

13 submit to the appropriate congressional committees a 

14 report, which shall include— 

15 (A) the number of covered visitors or cov16 ered assignees permitted to access the premises, 

17 information, or technology of each National Lab18 oratory; 

19 (B) the number of instances in which the 

20 Director provided advice to a National Labora21 tory in accordance with subsection (e); and 

22 (C) the number of instances in which a Na23 tional Laboratory took action inconsistent with 

24 advice provided by the Director in accordance 

25 with subsection (e). 


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1 (j) CONFORMING REPEAL.—Section 22A of the Na2 tional Institute of Standards and Technology Act (15 

3 U.S.C. 278h–1) is amended— 

4 (1) by striking subsection (g); and 

5 (2) by redesignating subsection (h) as subsection 

6 (g). 


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Calendar No. 722 

118TH CONGRESS 

2D SESSION S. 3162 

A BILL 

To improve the requirement for the Director of the 

D

purposes. in development of such testbeds, and for other systems and to improve interagency coordination and testing of trustworthy artificial intelligence to establish testbeds to support the development National Institute of Standards and Technology 

ECEMBER 17 (legislative day, DECEMBER 16), 2024 

Reported with an amendment 


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