S3162-118

Reported

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.

118th Congress Introduced Oct 30, 2023

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 TEST AI Act of 2024 creates a 7-year pilot program for the federal government to build AI testing facilities (testbeds) that can evaluate the safety, security, and reliability of AI systems. It requires NIST and the Department of Energy to work together to establish these testbeds, with a focus on identifying AI vulnerabilities that could threaten critical infrastructure or national security.

Who Benefits and How

Federal agencies benefit by gaining access to testing infrastructure to evaluate AI systems before deployment. AI researchers and developers at universities and private companies gain access to government testing facilities through coordination agreements. National security agencies benefit from improved screening of foreign nationals seeking access to National Laboratories.

Who Bears the Burden and How

Foreign nationals from countries of risk (as identified in intelligence threat assessments) face enhanced screening and potential restrictions on accessing National Laboratory premises, information, or technology. Department of Energy and National Laboratories must implement new counterintelligence policies and submit quarterly reports to Congress on foreign visitor access.

Key Provisions

  • Creates AI testbeds for red-teaming (adversarial testing) and blue-teaming (vulnerability mitigation) of AI systems
  • Requires NIST and DOE to enter a memorandum of understanding for resource sharing
  • Mandates counterintelligence risk assessment policies for foreign visitors to National Laboratories
  • Requires quarterly congressional reporting on foreign national access to National Labs

Evidence Chain:

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

At a Glance

What This Bill Does

Establishes a pilot program for AI testbeds to support development, red-teaming, and blue-teaming of artificial intelligence systems, while enhancing counterintelligence oversight of foreign nationals at National Laboratories

Key Policy Areas

Technology, National Security, Research & Development, Cybersecurity

Primary Purpose

Establishes a pilot program for AI testbeds to support development, red-teaming, and blue-teaming of artificial intelligence systems, while enhancing counterintelligence oversight of foreign nationals at National Laboratories

Policy Domains

Technology National Security Research & Development Cybersecurity

Section 2 - Pilot Program on Establishing AI Testbeds

Identified Gains
  • Federal agencies using AI systems
  • AI researchers and developers
  • National security agencies
  • Critical infrastructure operators
Model: N/A | Version: bill_summary_v2 | Source: rs
National security agencies:
AI researchers and developers:
Critical infrastructure operators:
Federal agencies using AI systems:
Identified Costs
  • Foreign nationals from countries of risk
  • Department of Energy
  • National Laboratories
Model: N/A | Version: bill_summary_v2 | Source: rs
Department of Energy:
National Laboratories:
Foreign nationals from countries of risk:

Legislative Progress

Reported
Introduced Committee Passed
Dec 17, 2024

Reported by Ms. Cantwell, with an amendment

Oct 30, 2023

Mr. Luján (for himself, Mr. Durbin, Mr. Thune, Mrs. Blackburn, …

Oct 30, 2023

Mr. Luján (for himself, Mr. Durbin, Mr. Thune, Mrs. Blackburn, …

Stakeholder Effects

cui bono?

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

Government
7 mentions across 2 clauses
+2 positive -5 negative

Department of Energy, Federal agencies developing or procuring AI systems, Federal agencies using AI systems

Positive-direction: Federal agencies developing or procuring AI systems, Federal agencies using AI systems

Negative-direction: Department of Energy, National Institute of Standards and Technology, Office of Intelligence and Counterintelligence

Technology
2 mentions across 2 clauses
+2 positive

AI developers and researchers with federal partnerships, AI security testing companies

Research & Science
2 mentions across 1 clause
-2 negative

Foreign nationals from countries of risk seeking lab access, National Laboratories

3/4
sections analyzed
Full impact breakdown

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Technology National Security Cybersecurity Research & Development
Actor Mappings
"the_director"
→ Director of the National Institute of Standards and Technology
"director_oici"
→ Director of the Office of Intelligence and Counterintelligence of the Department of Energy
"the_secretary"
→ Secretary of Energy

Note: The Director refers to NIST Director in the testbed provisions but to the Director of the Office of Intelligence and Counterintelligence in the counterintelligence provisions

Key Definitions

Terms defined in this bill

9 terms
"artificial intelligence blue-teaming" §2(a)(1)

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

"artificial intelligence system" §2(a)(2)

Has the meaning given the term artificial intelligence in section 5002 of the National Artificial Intelligence Act of 2020 (15 U.S.C. 9401)

"artificial intelligence red-teaming" §2(a)(3)

Structured adversarial testing efforts of an artificial intelligence system

"critical infrastructure" §2(a)(4)

Has the meaning given such term in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e))

"national security" §2(a)(5)

The protection of the United States from foreign aggression; does not otherwise include the protection of the general welfare of the United States

"testbed" §2(a)(6)

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

"country of risk" §2(i)(1)

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 (commonly referred to as the Annual Threat Assessment)

"covered assignee and covered visitor" §2(i)(2)

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 DOE or the contractor operating a National Laboratory, and has requested access to the premises, information, or technology of a National Laboratory

"nontraditional collection threat" §2(i)(3)

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

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