II 

★(Star Print)

118TH CONGRESS 

1ST 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, and 

Mr. RISCH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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. 

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


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S 3162 IS1S 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Testing and Evalua3 tion Systems for Trusted Artificial Intelligence Act of 

4 2023’’ or the ‘‘TEST AI Act of 2023’’. 

5 SEC. 2. INTERAGENCY COORDINATION TO FACILITATE 

6 TESTBEDS. 

7 Subsection (g) of section 22A of the National Insti8 tute of Standards and Technology Act (15 U.S.C. 278h– 

9 1) is amended to read as follows: 

10 ‘‘(g) TESTBEDS.— 

11 ‘‘(1) DEFINITION OF ARTIFICIAL INTEL12 LIGENCE.—In this subsection, the term ‘artificial in13 telligence’ has the meaning given such term in sec14 tion 5002 of the National Artificial Intelligence Act 

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

16 ‘‘(2) IN GENERAL.— The Director shall, in co17 ordination with the Secretary of Energy, the head of 

18 the interagency committee established under section 

19 5103(a) of the National Artificial Intelligence Initia20 tive Act of 2020 (15 U.S.C. 9413(a)), and such 

21 heads of such Federal agencies, private sector enti22 ties, and institutions of higher education as the head 

23 of such interagency committee considers appropriate, 

24 establish testbeds, including virtual and experimental 

25 environments, to support the development and test26 ing of trustworthy artificial intelligence systems, inVerDate Sep 11 2014 01:57 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3162.IS S3162

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1 cluding testbeds that support development of artifi2 cial intelligence guardrails, examine risks of misuse 

3 of such systems, and evaluate the vulnerabilities and 

4 conditions that may lead to failure in, malfunction 

5 of, or attacks on such systems. 

6 ‘‘(3) MEMORANDUM OF UNDERSTANDING.— 

7 ‘‘(A) IN GENERAL.—The Secretary of 

8 Commerce and the Secretary of Energy shall 

9 enter into a memorandum of understanding to 

10 implement the coordination between the Sec11 retary of Energy and the Director required by 

12 paragraph (2). 

13 ‘‘(B) REQUIREMENTS.—The memorandum 

14 shall be sufficient to ensure the Institute and 

15 other Federal agencies have access as may be 

16 necessary to the resources, personnel, and facili17 ties at the Department of Energy, including the 

18 cross-cutting research and development pro19 grams— 

20 ‘‘(i) to advance artificial intelligence 

21 tools, systems, facilities, capabilities, and 

22 workforce needs; 

23 ‘‘(ii) to improve the reliability and 

24 trustworthiness of artificial intelligence 

25 methods and solutions relevant to the misVerDate Sep 11 2014 01:57 Nov 08, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3162.IS S3162

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S 3162 IS1S 

1 sion of the Federal agencies conducting de2 velopment or testing of artificial intel3 ligence systems for use by the agency, or 

4 in conducting Federal oversight of com5 mercial uses of artificial intelligence sys6 tems; and 

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

8 classified testbed as necessary, to support 

9 safeguards and systems to prevent the mis10 use of artificial intelligence systems, par11 ticularly in but not limited to weapons of 

12 mass destruction proliferation, undertake 

13 annual risk assessments of artificial intel14 ligence misuse, formulate evaluation strate15 gies, and employ testing and evaluation re16 sources to support Federal oversight of ar17 tificial intelligence systems.’’. 

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