```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3162 Reported in Senate (RS)]

<DOC>

                                                       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. Lujan (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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Testing and Evaluation 
Systems for Trusted Artificial Intelligence Act of 2023'' or the ``TEST 
AI Act of 2023''.</DELETED>

<DELETED>SEC. 2. INTERAGENCY COORDINATION TO FACILITATE 
              TESTBEDS.</DELETED>

<DELETED>    Subsection (g) of section 22A of the National Institute of 
Standards and Technology Act (15 U.S.C. 278h-1) is amended to read as 
follows:</DELETED>
<DELETED>    ``(g) Testbeds.--</DELETED>
        <DELETED>    ``(1) Definition of artificial intelligence.--In 
        this subsection, the term `artificial intelligence' has the 
        meaning given such term in section 5002 of the National 
        Artificial Intelligence Act of 2020 (15 U.S.C. 9401).</DELETED>
        <DELETED>    ``(2) In general.-- The Director shall, in 
        coordination with the Secretary of Energy, the head of the 
        interagency committee established under section 5103(a) of the 
        National Artificial Intelligence Initiative Act of 2020 (15 
        U.S.C. 9413(a)), and such heads of such Federal agencies, 
        private sector entities, and institutions of higher education 
        as the head of such interagency committee considers 
        appropriate, establish testbeds, including virtual and 
        experimental environments, to support the development and 
        testing of trustworthy artificial intelligence systems, 
        including testbeds that support development of artificial 
        intelligence guardrails, examine risks of misuse of such 
        systems, and evaluate the vulnerabilities and conditions that 
        may lead to failure in, malfunction of, or attacks on such 
        systems.</DELETED>
        <DELETED>    ``(3) Memorandum of understanding.--</DELETED>
                <DELETED>    ``(A) In general.--The Secretary of 
                Commerce and the Secretary of Energy shall enter into a 
                memorandum of understanding to implement the 
                coordination between the Secretary of Energy and the 
                Director required by paragraph (2).</DELETED>
                <DELETED>    ``(B) Requirements.--The memorandum shall 
                be sufficient to ensure the Institute and other Federal 
                agencies have access as may be necessary to the 
                resources, personnel, and facilities at the Department 
                of Energy, including the cross-cutting research and 
                development programs--</DELETED>
                        <DELETED>    ``(i) to advance artificial 
                        intelligence tools, systems, facilities, 
                        capabilities, and workforce needs;</DELETED>
                        <DELETED>    ``(ii) to improve the reliability 
                        and trustworthiness of artificial intelligence 
                        methods and solutions relevant to the mission 
                        of the Federal agencies conducting development 
                        or testing of artificial intelligence systems 
                        for use by the agency, or in conducting Federal 
                        oversight of commercial uses of artificial 
                        intelligence systems; and</DELETED>
                        <DELETED>    ``(iii) to establish testbeds, 
                        including a classified testbed as necessary, to 
                        support safeguards and systems to prevent the 
                        misuse of artificial intelligence systems, 
                        particularly in but not limited to weapons of 
                        mass destruction proliferation, undertake 
                        annual risk assessments of artificial 
                        intelligence misuse, formulate evaluation 
                        strategies, and employ testing and evaluation 
                        resources to support Federal oversight of 
                        artificial intelligence systems.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Testing and Evaluation Systems for 
Trusted Artificial Intelligence Act of 2024'' or the ``TEST AI Act of 
2024''.

SEC. 2. PILOT PROGRAM ON ESTABLISHING TESTBEDS TO SUPPORT DEVELOPMENT, 
              RED-TEAMING, AND BLUE-TEAMING OF ARTIFICIAL INTELLIGENCE 
              SYSTEMS.

    (a) Definitions.--In this section:
            (1) Artificial intelligence blue-teaming.--The term 
        ``artificial intelligence blue-teaming'' means an effort to 
        conduct operational vulnerability evaluations and provide 
        mitigation techniques to entities who have a need for an 
        independent technical review of the security posture of an 
        artificial intelligence system.
            (2) Artificial intelligence system.--The term ``artificial 
        intelligence system'' has the meaning given the term 
        ``artificial intelligence'' in section 5002 of the National 
        Artificial Intelligence Act of 2020 (15 U.S.C. 9401).
            (3) Artificial intelligence red-teaming.--The term 
        ``artificial intelligence red-teaming'' means structured 
        adversarial testing efforts of an artificial intelligence 
        system.
            (4) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given such term in subsection 
        (e) of the Critical Infrastructures Protection Act of 2001 (42 
        U.S.C. 5195c(e)).
            (5) National security.--The term ``national security'' 
        means--
                    (A) the protection of the United States from 
                foreign aggression; and
                    (B) does not otherwise include the protection of 
                the general welfare of the United States.
            (6) Testbed.--The term ``testbed'' means a facility or 
        mechanism equipped for conducting rigorous and replicable 
        testing of tools and technologies to help evaluate the 
        functionality, performance, and security of those tools or 
        technologies.
    (b) Pilot Program Required.--Not later than 1 year after the date 
of the enactment of this Act, the Director of the National Institute of 
Standards and Technology and the Secretary of Energy shall, in 
coordination with the head of the interagency committee established 
under section 5103(a) of the National Artificial Intelligence 
Initiative Act of 2020 (15 U.S.C. 9413(a)), private sector entities, 
and institutions of higher education as the Director and Secretary of 
Energy consider appropriate, jointly carry out a pilot program to 
assess the feasibility and advisability of establishing testbeds, 
including virtual and experimental environments, to support the 
development, red-teaming and blue-teaming of artificial intelligence 
systems.
    (c) Testbeds.--In carrying out the pilot program required by 
subsection (b), the Director and the Secretary shall jointly establish 
one or more testbeds for the purposes described in subsection (b), 
including testbeds that support development of artificial intelligence 
standards for identifying, evaluating, and mitigating cyber, data, and 
network vulnerabilities that if exploited would create substantial 
risks to critical infrastructure or national security.
    (d) Primary Focus.--The primary focus of the pilot program required 
by subsection (b) shall be artificial intelligence systems used by 
Federal agencies or that are under evaluation for future use by Federal 
agencies.
    (e) Memorandum of Understanding.--
            (1) In general.--The Secretary of Commerce and the 
        Secretary of Energy shall enter into a memorandum of 
        understanding to implement the coordination between the 
        Secretary of Energy and the Director required by subsection 
        (b).
            (2) Requirements.--The memorandum of understanding entered 
        into under paragraph (1) shall be sufficient to ensure the 
        National Institute of Standards and Technology has such access 
        as may be necessary to the resources, personnel, and facilities 
        at the Department of Energy, including the cross-cutting 
        research and development programs--
                    (A) to employ testing and evaluation resources to 
                support Federal agency adoption and use of artificial 
                intelligence systems by improving the reliability, 
                functionality, performance, and security of artificial 
                intelligence systems used by the Federal agencies;
                    (B) to establish testbeds, including a classified 
                testbed as necessary, to support the testing, 
                evaluation and development of artificial intelligence 
                systems to identify, evaluate, and mitigate 
                cybersecurity, data, and network vulnerabilities that 
                if exploited would create substantial risks to critical 
                infrastructure or national security, such as weapons of 
                mass destruction proliferation; and
                    (C) to support the development of testing and 
                evaluation standards, tools, and technologies inclusive 
                of standards, tools, and technologies for artificial 
                intelligence red-teaming and artificial intelligence 
                blue-teaming, for such purposes.
    (f) Metrics.--Not later than 1 year after the commencement of the 
pilot program required by subsection (b), the Director and the 
Secretary of Energy shall jointly develop metrics to assess the 
effectiveness of the pilot program in achieving the requirements set 
forth under subsection (e)(2).
    (g) Evaluation.--Not later than 3 years after the commencement of 
the pilot program required by subsection (b) and not less frequently 
than once each year thereafter for the duration of the pilot program, 
the Director and the Secretary shall jointly--
            (1) evaluate the success of the pilot program, using the 
        metrics developed pursuant to subsection (f); and
            (2) submit to Congress the findings of the Director and the 
        Secretary with respect to the evaluation carried out pursuant 
        to paragraph (1).
    (h) Sunset.--The pilot program required by subsection (b) and the 
memorandum of understanding entered into under subsection (e) shall 
both terminate on the date that is 7 years after the date of the 
enactment of this Act.
    (i) Research Security.--
            (1) Definitions.--In this subsection:
                    (A) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                            (i) the congressional intelligence 
                        committees (as defined in section 3 of the 
                        National Security Act of 1947 (50 U.S.C. 
                        3003));
                            (ii) the Committee on Armed Services, the 
                        Committee on Energy and Natural Resources, the 
                        Committee on Foreign Relations, the Committee 
                        on the Judiciary, the Committee on Homeland 
                        Security and Governmental Affairs, the 
                        Committee on Commerce, Science, and 
                        Transportation, and the Committee on 
                        Appropriations of the Senate; and
                            (iii) the Committee on Armed Services, the 
                        Committee on Energy and Commerce, the Committee 
                        on Foreign Affairs, the Committee on the 
                        Judiciary, the Committee on Homeland Security, 
                        the Committee on Space, Science, and 
                        Technology, and the Committee on Appropriations 
                        of the House of Representatives.
                    (B) Country of risk.--The term ``country of risk'' 
                means a country identified in the report submitted to 
                Congress by the Director of National Intelligence in 
                2024 pursuant to section 108B of the National Security 
                Act of 1947 ( 50 U.S.C. 3043b) (commonly referred to as 
                the ``Annual Threat Assessment'').
                    (C) Covered assignee; covered visitor.--The terms 
                ``covered assignee'' and ``covered visitor'' mean a 
                foreign national from a country of risk that is 
                ``engaging in competitive behavior that directly 
                threatens U.S. national security'', who is not an 
                employee of either the Department of Energy or the 
                management and operations contractor operating a 
                National Laboratory on behalf of the Department of 
                Energy, and has requested access to the premises, 
                information, or technology of a National Laboratory.
                    (D) Director.--The term ``Director'' means the 
                Director of the Office of Intelligence and 
                Counterintelligence of the Department of Energy (or 
                their designee).
                    (E) Foreign national.--The term ``foreign 
                national'' has the meaning given the term ``alien'' in 
                section 101(a) of the Immigration and Nationality Act ( 
                8 U.S.C. 1101(a)).
                    (F) National laboratory.--The term ``National 
                Laboratory'' has the meaning given the term in section 
                2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801).
                    (G) Nontraditional collection threat.--The term 
                ``nontraditional collection threat'' means a threat 
                posed by an individual not employed by a foreign 
                intelligence service, who is seeking access to 
                information about a capability, research, or 
                organizational dynamics of the United States to inform 
                a foreign adversary or non-state actor.
            (2) Sense of the senate.--It is the sense of the Senate 
        that--
                    (A) before being granted access to the premises, 
                information, or technology of a National Laboratory, 
                citizens of foreign countries identified in the 2024 
                Annual Threat Assessment of the intelligence community 
                as ``engaging in competitive behavior that directly 
                threatens U.S. national security'' should be 
                appropriately screened by the National Laboratory to 
                which they seek access, and by the Office of 
                intelligence and Counterintelligence of the Department, 
                to identify risks associated with granting the 
                requested access to sensitive military, or dual-use 
                technologies; and
                    (B) identified risks should be mitigated.
            (3) Review of country of risk covered visitor and covered 
        assignee access requests.--The Director shall, in consultation 
        with the applicable Under Secretary of the Department of Energy 
        that oversees the National Laboratory, or their designee, 
        promulgate a policy to assess the counterintelligence risk that 
        covered visitors or covered assignees pose to the research or 
        activities undertaken at a National Laboratory.
            (4) Advice with respect to covered visitors or covered 
        assignees.--
                    (A) In general.--The Director shall provide advice 
                to a National Laboratory on covered visitors and 
                covered assignees when 1 or more of the following 
                conditions are present:
                            (i) The Director has reason to believe that 
                        a covered visitor or covered assignee is a 
                        nontraditional intelligence collection threat.
                            (ii) The Director is in receipt of 
                        information indicating that a covered visitor 
                        or covered assignee constitutes a 
                        counterintelligence risk to a National 
                        Laboratory.
                    (B) Advice described.--Advice provided to a 
                National Laboratory in accordance with paragraph (1) 
                shall include a description of the assessed risk.
                    (C) Risk mitigation.--When appropriate, the 
                Director shall, in consultation with the applicable 
                Under Secretary of the Department of Energy that 
                oversees the National Laboratory, or their designee, 
                provide recommendations to mitigate the risk as part of 
                the advice provided in accordance with paragraph (1).
            (5) Reports to congress.--Not later than 90 days after the 
        date of the enactment of this Act, and quarterly thereafter, 
        the Secretary of Energy shall submit to the appropriate 
        congressional committees a report, which shall include--
                    (A) the number of covered visitors or covered 
                assignees permitted to access the premises, 
                information, or technology of each National Laboratory;
                    (B) the number of instances in which the Director 
                provided advice to a National Laboratory in accordance 
                with subsection (e); and
                    (C) the number of instances in which a National 
                Laboratory took action inconsistent with advice 
                provided by the Director in accordance with subsection 
                (e).
    (j) Conforming Repeal.--Section 22A of the National Institute of 
Standards and Technology Act (15 U.S.C. 278h-1) is amended--
            (1) by striking subsection (g); and
            (2) by redesignating subsection (h) as subsection (g).
                                                       Calendar No. 722

118th CONGRESS

  2d Session

                                S. 3162

_______________________________________________________________________

                                 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.

_______________________________________________________________________

            December 17 (legislative day, December 16), 2024

                       Reported with an amendment
```