[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1633 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1633

  To require the Director of the National Institute of Standards and 
 Technology to establish a pilot program that uses testbeds to develop 
  measurement standards for the evaluation of artificial intelligence 
                    systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 7, 2025

Mr. Lujan (for himself, Mrs. Blackburn, Mr. Durbin, Mr. Risch, and Mr. 
Welch) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To require the Director of the National Institute of Standards and 
 Technology to establish a pilot program that uses testbeds to develop 
  measurement standards for the evaluation of artificial intelligence 
                    systems, 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 2025'' or the ``TEST AI Act of 
2025''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 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).
            (2) Covered foreign country.--The term ``covered foreign 
        country'' means--
                    (A) the People's Republic of China;
                    (B) the Russian Federation;
                    (C) the Democratic People's Republic of Korea; and
                    (D) the Islamic Republic of Iran.
            (3) Director.--The term ``Director'' means the Director of 
        the National Institute of Standards and Technology.
            (4) Institute.--The term ``Institute'' means the National 
        Institute of Standards and Technology.
            (5) Testbed.--The term ``testbed'' means a facility or 
        mechanism equipped for conducting rigorous, transparent, and 
        replicable testing of tools or technologies to evaluate the 
        functionality, performance, and security of those tools or 
        technologies.
            (6) Working group.--The term ``Working Group'' means the 
        working group established under section 3(c)(1).

SEC. 3. PILOT PROGRAM ON TESTBEDS FOR DEVELOPMENT OF MEASUREMENT 
              STANDARDS FOR EVALUATION OF ARTIFICIAL INTELLIGENCE 
              SYSTEMS.

    (a) Pilot Program Required.--
            (1) In general.--The Director shall, in coordination with 
        the Secretary of Energy and after consultation with the Working 
        Group, carry out a pilot program of testbeds to assess the 
        feasibility and advisability of developing measurement 
        standards for the evaluation of artificial intelligence systems 
        used by Federal agencies through the use of testbeds.
            (2) Process.--The Director shall carry out the pilot 
        program required by paragraph (1) by building and demonstrating 
        an iterative process whereby measurement science is advanced 
        and standards are developed using testbeds in accordance with 
        subsection (d), and the results of the tests are reviewed by 
        stakeholders from government, the private sector, and academia.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, 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).
            (2) Requirements.--The memorandum shall be sufficient to 
        ensure the Institute and other Federal agencies have access, as 
        may be necessary and as determined by the Secretary of Energy, 
        to the resources, personnel, and facilities at the Department 
        of Energy, including the cross-cutting research and development 
        programs to support the activities of the pilot program require 
        by subsection (a)(1).
            (3) Renegotiations.--Not later than 2 years after the 
        establishment of the pilot program required by subsection 
        (a)(1), and every 2 years thereafter, Secretary of Commerce and 
        the Secretary of Energy shall reassess the memorandum of 
        understanding to ensure that it meets the needs of the agencies 
        and adequately supports the activities of the pilot program.
    (c) Artificial Intelligence Testing Working Group.--
            (1) Establishment.--
                    (A) In general.--Not later than 90 days after the 
                memorandum of understanding required by subsection 
                (b)(1) is signed, the Secretary of Commerce shall 
                establish a working group to provide advice to the 
                Secretary of Commerce and the Secretary of Energy on 
                the development of measurement standards for the 
                evaluation of artificial intelligence systems under the 
                pilot program required by subsection (a).
                    (B) Designation.--The working group established 
                under subparagraph (A) shall be known as the 
                ``Artificial Intelligence Testing Working Group''.
            (2) Membership.--
                    (A) In general.--The Working Group shall be 
                comprised of not more than 10 members that include the 
                following:
                            (i) The Secretary of Commerce or a designee 
                        of the Secretary of Commerce from the 
                        Department of Commerce.
                            (ii) The Secretary of Energy or a designee 
                        of the Secretary of Energy from the Department 
                        of Energy.
                            (iii) The Director or a designee of the 
                        Director from the Institute.
                            (iv) Representatives from the private 
                        sector, as the members described in clauses (i) 
                        through (iii) consider appropriate.
                            (v) Representatives from academic 
                        institutions, as the members described in 
                        clauses (i) through (iii) consider appropriate.
                    (B) Prohibition.--No citizen of a covered foreign 
                country may serve as a member of the Working Group.
            (3) Strategy for measurement standards.--
                    (A) In general.--Not later than 1 year after the 
                date on which the Working Group is established under 
                paragraph (1), the Working Group shall develop a 
                strategy for the development of measurement standards 
                for the evaluation of artificial intelligence systems.
                    (B) Elements.--The strategy required by 
                subparagraph (A) shall--
                            (i) identify measurement standards that the 
                        members of the Working Group consider 
                        necessary, including standards with respect to 
                        an artificial intelligence system for--
                                    (I) reliability;
                                    (II) performance;
                                    (III) capability;
                                    (IV) interpretability;
                                    (V) security, including the 
                                propensity of the system for leaking 
                                data;
                                    (VI) privacy;
                                    (VII) data bias; and
                                    (VIII) bounds for applicability and 
                                use cases;
                            (ii) include a proposed blueprint for 
                        developing the measurement standards;
                            (iii) identify the applications or 
                        artificial intelligence systems to which the 
                        standards should initially apply; and
                            (iv) identify metrics for the assessment of 
                        the pilot program.
                    (C) Publication.--The Secretary of Commerce shall 
                publish on a publicly accessible website of the 
                Department of Commerce the strategy for measurement 
                standards required by subparagraph (A) to provide the 
                information contained in the strategy to stakeholders, 
                including code and model developers, researchers, and 
                industrial users of artificial intelligence systems.
    (d) Development of Testbeds for Measurement Standards.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Director shall, in collaboration 
        with the Secretary of Energy and in coordination with the 
        Working Group, develop, in accordance with the strategy 
        developed under subsection (c)(3)(A), testbeds on which to 
        demonstrate the development of measurement standards for the 
        evaluation of artificial intelligence systems to be used by 
        Federal agencies.
            (2) Experts.--In carrying out paragraph (1), the Director 
        may hire any expert the Director considers necessary, including 
        experts from academia, industry, and standards development 
        organizations.
    (e) Report.--Not later than 180 days after the date on which the 
Director completes the first testbed demonstration and development of 
measurement standards under subsection (d)(1), the Director shall 
submit to Congress a report that--
            (1) reviews the findings of the Director with respect to 
        the initial demonstration carried out under this section;
            (2) recommends revisions to the pilot program plan, 
        including by identifying any resources, funding, or personnel 
        that is needed to improve and continue the development of 
        testbeds and measurement standards for the evaluation of 
        artificial intelligence systems for multiple applications; and
            (3) makes recommendations for legislative or administrative 
        action to advance the development of measurement standards for 
        the evaluation of artificial intelligence systems.
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