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

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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. Lujan (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.

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

SECTION 1. SHORT TITLE.

    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''.

SEC. 2. INTERAGENCY COORDINATION TO FACILITATE TESTBEDS.

    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:
    ``(g) Testbeds.--
            ``(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).
            ``(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.
            ``(3) Memorandum of understanding.--
                    ``(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).
                    ``(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--
                            ``(i) to advance artificial intelligence 
                        tools, systems, facilities, capabilities, and 
                        workforce needs;
                            ``(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
                            ``(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.''.
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