[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