S2938-119

In Committee

Artificial Intelligence Risk Evaluation Act of 2025

119th Congress Introduced Sep 29, 2025

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

The Artificial Intelligence Risk Evaluation Act of 2025 creates a mandatory testing and evaluation program for advanced AI systems within the Department of Energy. Any AI system trained using more than 10^26 computing operations qualifies as an "advanced artificial intelligence system" and its developer must participate in the program. The program conducts standardized and classified testing to assess risks including loss-of-control scenarios, weaponization potential, critical infrastructure threats, civil liberties erosion, scheming behavior, and threats to economic competition. No advanced AI system may be deployed for interstate or foreign commerce without compliance, with violations subject to fines of at least ,000,000 per day. The Secretary of Energy must submit a detailed oversight recommendation to Congress within 360 days, including proposals for standards, certification, licensing, monitoring, and governance. The program terminates after 7 years unless renewed.

Who Benefits and How

  • Congress: Receives empirical data and evidence-based recommendations for AI regulation rather than making policy in a data vacuum.
  • The general public: Gains protection from potentially dangerous AI systems through mandatory pre-deployment testing.
  • National security apparatus: Classified testing identifies weaponization risks and foreign adversary threats before deployment.
  • Smaller AI companies below the threshold: Not subject to the program, potentially gaining a competitive advantage over larger developers.
  • Department of Energy: Gains a major new institutional role in AI oversight.

Who Bears the Burden and How

  • Large AI developers (companies training models above 10^26 operations): Must participate in mandatory testing, provide source code, training data, model weights, and architecture details to the government, and cannot deploy without compliance. Face M/day fines for violations.
  • Open-source AI developers above the threshold: Subject to the same requirements, potentially chilling open-source development of frontier models.
  • Federal Treasury: Must fund the evaluation program at DOE.
  • Department of Energy: Must stand up a complex new program within 90 days.

Key Provisions

  • Defines advanced AI system as one trained with more than 10^26 integer or floating-point operations (Section 3)
  • Mandatory participation for all developers of advanced AI systems (Section 4)
  • Developers must provide source code, training data, model weights, interfaces, and architecture details on request (Section 4)
  • No deployment of advanced AI systems without program compliance (Section 4)
  • Violations subject to fines of at least ,000,000 per day (Section 4)
  • DOE must establish the evaluation program within 90 days (Section 5)
  • Program includes adversarial red-team testing matching real-world jailbreaking techniques (Section 5)
  • Secretary must submit federal AI oversight recommendations to Congress within 360 days (Section 5)
  • Recommendations must address artificial superintelligence scenarios including potential nationalization (Section 5)
  • Program terminates after 7 years unless renewed by Congress (Section 5)

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers.

At a Glance

What This Bill Does

Establishes a mandatory Advanced Artificial Intelligence Evaluation Program at the Department of Energy to test and evaluate advanced AI systems for safety risks, requires developer participation under penalty of fines, and mandates the Secretary of Energy to recommend a federal AI oversight framework to Congress.

Key Policy Areas

Technology, National Security, Regulation

Primary Purpose

Establishes a mandatory Advanced Artificial Intelligence Evaluation Program at the Department of Energy to test and evaluate advanced AI systems for safety risks, requires developer participation under penalty of fines, and mandates the Secretary of Energy to recommend a federal AI oversight framework to Congress.

Policy Domains

Technology National Security Regulation

Section 4 - Obligation to Participate; Enforcement

Identified Gains
Contextual inference, no direct clause citation
  • Federal government (gains oversight capability)
  • General public (safety protection)
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • Large AI developers (mandatory participation and IP disclosure)
  • Open-source frontier AI developers
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Section 5 - Advanced AI Evaluation Program

Identified Gains
Contextual inference, no direct clause citation
  • Department of Energy
  • Congress
  • National security establishment
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Identified Costs
Contextual inference, no direct clause citation
  • AI developers subject to testing
  • Federal Treasury (program funding)
Model: N/A | Version: bill_summary_v2 | Source: is

Contextual inference, no direct clause citation

Legislative Progress

In Committee
Introduced Committee Passed
Sep 29, 2025

Mr. Hawley (for himself and Mr. Blumenthal) introduced the following …

Sep 29, 2025

Read twice and referred to the Committee on Commerce, Science, …

Sep 29, 2025

Introduced in Senate

Stakeholder Effects

cui bono?

How this legislation distributes effects. Mention counts reflect frequency, not effect magnitude.

Technology
8 mentions across 4 clauses
+2 positive -6 negative

AI developers - intellectual property, AI developers subject to evaluation, AI industry generally

Positive-direction: Red-team and AI safety researchers, Smaller AI companies below the threshold

Negative-direction: AI developers - intellectual property, AI developers subject to evaluation, AI industry generally, Developers of frontier AI models (above 10^26 ops threshold), Large AI developers (OpenAI, Anthropic, Google DeepMind, Meta AI, etc.), Open-source AI developers above threshold

Government
6 mentions across 3 clauses
+5 positive -1 negative

Congress, Department of Energy, Federal Treasury

Positive-direction: Congress, Department of Energy, National security establishment

Negative-direction: Federal Treasury

General Public
1 mention across 1 clause
+1 positive

General public

4/5
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Technology National Security
Domains
Technology
Actor Mappings
"the_secretary"
→ Secretary of Energy
Domains
Technology Regulation
Actor Mappings
"the_secretary"
→ Secretary of Energy
Domains
Technology National Security Regulation
Actor Mappings
"the_secretary"
→ Secretary of Energy

Key Definitions

Terms defined in this bill

6 terms
"Advanced artificial intelligence system" §3a

An AI system trained using more than 10^26 integer or floating-point operations. The Secretary may propose a new definition by rule, subject to Congressional approval via joint resolution.

"Adverse AI incident" §3b

An AI incident involving loss-of-control, weaponization by adversaries, critical infrastructure threats, civil liberties erosion, scheming behavior, or attempts to carry out such incidents.

"Artificial superintelligence" §3c

AI that can operate autonomously in open-ended environments, match or exceed human cognitive performance across most domains, and potentially modify its own functions to circumvent human control.

"Covered advanced AI system developer" §3d

A person that designs, codes, produces, owns, or substantially modifies an advanced AI system for interstate or foreign commerce, including initiating a training run.

"Loss-of-control scenario" §3e

A scenario where an AI system behaves contrary to instructions, deviates from rules, alters safety constraints, operates beyond scope, pursues unintended goals, subverts oversight mechanisms, or behaves unpredictably so as to be harmful.

"Scheming behavior" §3f

AI behavior to deceive human designers or operators, including hiding true capabilities and objectives or attempting to subvert oversight or shutdown mechanisms.

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology