Federal · Senate Bill · 119th Congress, 1st Session
S2938
S. 2938 — Artificial Intelligence Risk Evaluation Act of 2025

Status ● Introduced Effective N/A Passage Likelihood M

WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority
Secretary of Energy administers the Advanced Artificial Intelligence Evaluation Program and may request materials and information from covered developers. Enforcement is government-initiated through civil penalties for non-compliance with participation obligations or the deployment prohibition. No private right of action is created.
Private Right of Action
No private right of action. Enforcement is exclusive to the designated authority.
Penalties
A person that violates the participation obligation or the deployment prohibition shall be fined not less than $1,000,000 per day of the violation. No cap is specified. No injunctive relief, attorney fees, or private remedies are described.

What This Bill Requires

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text
Analysis & Obligations
Sec. 1
Short title

This Act may be cited as the ''Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) Risk Evaluation Act of 2025''.

This section establishes the short title of the Act as the Artificial Intelligence Risk Evaluation Act of 2025. It creates no compliance obligation.

Sec. 2
Sense of Congress; Purposes

(a) It is the sense of Congress that rapidly advancing artificial intelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) capabilities present both opportunities and significant risks to national security, public safety, economic competitiveness, civil liberties, and healthy labor and other markets, and that, as artificial intelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) advances toward human-level capabilities in virtually all domains, the United States must establish a secure testing and evaluation programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13) to generate data-driven options for managing emerging risks.

(b) The purposes of the programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13) established under this Act are to provide Congress with the empirical data, lessons, and insights necessary for Federal oversight of artificial intelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) to ensure that regulatory decisions are made on the basis of empirical testing, and to enable Congress to safeguard American citizens.

This section contains congressional findings and a statement of purposes. Subsection (a) expresses the sense of Congress that rapidly advancing AI capabilities present both opportunities and significant risks, and that a secure testing and evaluation program is needed. Subsection (b) states the program's purpose: to provide Congress with empirical data for evidence-based federal AI oversight. Neither subsection creates a compliance obligation.

Sec. 3
Definitions

(1) IN GENERAL.—Subject to subparagraph (B), the term ''advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1)'' means an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" or "AI system" means a particular model, program, or tool within the field of artificial intelligence.Sec. 3(4) that was trained using a quantity of computing powerComputing powerThe term "computing power" means the processing power and other electronic resources used to train, validate, deploy, and run AI algorithms and models.Sec. 3(6) greater than 10^26 integer or floating-point operations. (B) ALTERNATE MEANING.—The SecretarySecretaryThe term "Secretary" means the Secretary of Energy.Sec. 3(15) may, by a rule, propose a new definition of the term ''advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1)'' to replace the definition in subparagraph (A), which new definition shall not go into effect until the SecretarySecretaryThe term "Secretary" means the Secretary of Energy.Sec. 3(15) submits the rule to Congress and a joint resolution approving the rule is enacted into law.

(2) The term ''adverse AI incidentAdverse AI incidentThe term "adverse AI incident" means an incident relating to an artificial intelligence system that involves— (A) a loss-of-control scenario; (B) a risk of weaponization by a foreign adversary, a foreign terrorist organization, or another adversary of the United States Government; (C) a threat to the safety or reliability of critical infrastructure (as defined in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e))); (D) a significant erosion of civil liberties, economic competition, and healthy labor markets; (E) scheming behavior; or (F) an attempt to carry out an incident described in subparagraphs (A) through (E).Sec. 3(2)'' means an incident relating to an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" or "AI system" means a particular model, program, or tool within the field of artificial intelligence.Sec. 3(4) that involves— (A) a loss-of-control scenarioLoss-of-control scenarioThe term "loss-of-control scenario" means a scenario in which an artificial intelligence system— (A) behaves contrary to its instruction or programming by human designers or operators; (B) deviates from rules established by human designers or operators; (C) alters operational rules or safety constraints without authorization; (D) operates beyond the scope intended by human designers or operators; (E) pursues goals that are different from those intended by human designers or operators; (F) subverts oversight or shutdown mechanisms; or (G) otherwise behaves in an unpredictable manner so as to be harmful to humanity.Sec. 3(12); (B) a risk of weaponization by a foreign adversaryForeign adversaryThe term "foreign adversary" means a foreign adversary (as defined in section 791.2 of title 15, Code of Federal Regulations) (or successor regulations) that is included on the list in section 791.4(a) of that title (or successor regulations).Sec. 3(9), a foreign terrorist organizationForeign terrorist organizationThe term "foreign terrorist organization" means a foreign entity designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).Sec. 3(10), or another adversary of the United States Government; (C) a threat to the safety or reliability of critical infrastructure (as defined in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e))); (D) a significant erosion of civil liberties, economic competition, and healthy labor markets; (E) scheming behaviorScheming behaviorThe term "scheming behavior" means behavior by an AI system to deceive human designers or operators, including by— (A) hiding its true capabilities and objectives; or (B) attempting to subvert oversight mechanisms or shutdown mechanisms.Sec. 3(14); or (F) an attempt to carry out an incident described in subparagraphs (A) through (E).

(3) The term ''artificial intelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3)'' or ''AI'' means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.

(4) The term ''artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" or "AI system" means a particular model, program, or tool within the field of artificial intelligence.Sec. 3(4)'' or ''AI system'' means a particular model, programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13), or tool within the field of artificial intelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3).

(5) The term ''artificial superintelligenceArtificial superintelligenceThe term "artificial superintelligence" means artificial intelligence that exhibits, or can easily be modified to exhibit, all of the following characteristics: (i) The AI can enable a device or software to operate autonomously and effectively for long stretches of time in open-ended environments and in pursuit of broad objectives. (ii) The AI can enable a device or software to match or exceed human cognitive performance and capabilities across most domains or tasks, including those related to decisionmaking, learning, and adaptive behaviors. (iii) The AI can enable a device or software to potentially exhibit the capacity to independently modify or enhance its own functions in ways that could plausibly circumvent human control or oversight, posing substantial and unprecedented risks to humanity.Sec. 3(5)'' means artificial intelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) that exhibits, or can easily be modified to exhibit, all of the following characteristics: (i) The AI can enable a device or software to operate autonomously and effectively for long stretches of time in open-ended environments and in pursuit of broad objectives. (ii) The AI can enable a device or software to match or exceed human cognitive performance and capabilities across most domains or tasks, including those related to decisionmaking, learning, and adaptive behaviors. (iii) The AI can enable a device or software to potentially exhibit the capacity to independently modify or enhance its own functions in ways that could plausibly circumvent human control or oversight, posing substantial and unprecedented risks to humanity.

(6) The term ''computing powerComputing powerThe term "computing power" means the processing power and other electronic resources used to train, validate, deploy, and run AI algorithms and models.Sec. 3(6)'' means the processing power and other electronic resources used to train, validate, deployDeployThe term "deploy" means an action taken by a covered advanced artificial intelligence system developer to release, sell, or otherwise provide access to an advanced artificial intelligence system outside the custody of the developer, including by releasing an open-source advanced artificial intelligence system.Sec. 3(8), and run AI algorithms and models.

(7) The term ''covered advanced artificial intelligence system developerCovered advanced artificial intelligence system developerThe term "covered advanced artificial intelligence system developer" means a person that designs, codes, produces, owns, or substantially modifies an advanced artificial intelligence system for use in interstate or foreign commerce, including by taking steps to initiate a training run of the advanced artificial intelligence system.Sec. 3(7)'' means a person that designs, codes, produces, owns, or substantially modifies an advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1) for use in interstate or foreign commerceInterstate or foreign commerceThe term "interstate or foreign commerce" has the meaning given the term in section 921(a) of title 18, United States Code.Sec. 3(11), including by taking steps to initiate a training run of the advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1).

(8) The term ''deployDeployThe term "deploy" means an action taken by a covered advanced artificial intelligence system developer to release, sell, or otherwise provide access to an advanced artificial intelligence system outside the custody of the developer, including by releasing an open-source advanced artificial intelligence system.Sec. 3(8)'' means an action taken by a covered advanced artificial intelligence system developerCovered advanced artificial intelligence system developerThe term "covered advanced artificial intelligence system developer" means a person that designs, codes, produces, owns, or substantially modifies an advanced artificial intelligence system for use in interstate or foreign commerce, including by taking steps to initiate a training run of the advanced artificial intelligence system.Sec. 3(7) to release, sell, or otherwise provide access to an advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1) outside the custody of the developer, including by releasing an open-source advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1).

(9) The term ''foreign adversaryForeign adversaryThe term "foreign adversary" means a foreign adversary (as defined in section 791.2 of title 15, Code of Federal Regulations) (or successor regulations) that is included on the list in section 791.4(a) of that title (or successor regulations).Sec. 3(9)'' means a foreign adversaryForeign adversaryThe term "foreign adversary" means a foreign adversary (as defined in section 791.2 of title 15, Code of Federal Regulations) (or successor regulations) that is included on the list in section 791.4(a) of that title (or successor regulations).Sec. 3(9) (as defined in section 791.2 of title 15, Code of Federal Regulations) (or successor regulations) that is included on the list in section 791.4(a) of that title (or successor regulations).

(10) The term ''foreign terrorist organizationForeign terrorist organizationThe term "foreign terrorist organization" means a foreign entity designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).Sec. 3(10)'' means a foreign entity designated as a foreign terrorist organizationForeign terrorist organizationThe term "foreign terrorist organization" means a foreign entity designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).Sec. 3(10) by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

(11) The term ''interstate or foreign commerceInterstate or foreign commerceThe term "interstate or foreign commerce" has the meaning given the term in section 921(a) of title 18, United States Code.Sec. 3(11)'' has the meaning given the term in section 921(a) of title 18, United States Code.

(12) The term ''loss-of-control scenarioLoss-of-control scenarioThe term "loss-of-control scenario" means a scenario in which an artificial intelligence system— (A) behaves contrary to its instruction or programming by human designers or operators; (B) deviates from rules established by human designers or operators; (C) alters operational rules or safety constraints without authorization; (D) operates beyond the scope intended by human designers or operators; (E) pursues goals that are different from those intended by human designers or operators; (F) subverts oversight or shutdown mechanisms; or (G) otherwise behaves in an unpredictable manner so as to be harmful to humanity.Sec. 3(12)'' means a scenario in which an artificial intelligence systemArtificial intelligence systemThe term "artificial intelligence system" or "AI system" means a particular model, program, or tool within the field of artificial intelligence.Sec. 3(4)— (A) behaves contrary to its instruction or programming by human designers or operators; (B) deviates from rules established by human designers or operators; (C) alters operational rules or safety constraints without authorization; (D) operates beyond the scope intended by human designers or operators; (E) pursues goals that are different from those intended by human designers or operators; (F) subverts oversight or shutdown mechanisms; or (G) otherwise behaves in an unpredictable manner so as to be harmful to humanity.

(13) The term ''programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13)'' means the Advanced Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) Evaluation ProgramProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13) established under section 5.

(14) The term ''scheming behaviorScheming behaviorThe term "scheming behavior" means behavior by an AI system to deceive human designers or operators, including by— (A) hiding its true capabilities and objectives; or (B) attempting to subvert oversight mechanisms or shutdown mechanisms.Sec. 3(14)'' means behavior by an AI system to deceive human designers or operators, including by— (A) hiding its true capabilities and objectives; or (B) attempting to subvert oversight mechanisms or shutdown mechanisms.

(15) The term ''SecretarySecretaryThe term "Secretary" means the Secretary of Energy.Sec. 3(15)'' means the Secretary of Energy.

This section provides definitions for all key terms used throughout the Act. The critical threshold definition is advanced artificial intelligence system, which sets the scope of the bill at AI systems trained using greater than 1026 integer or floating-point operations — a compute-based trigger comparable to frontier model definitions in other bills. The Secretary may propose a replacement definition by rule, but such a rule requires congressional approval via joint resolution. The section also defines adverse AI incident broadly to encompass loss-of-control scenarios, weaponization risk, critical infrastructure threats, erosion of civil liberties and economic competition, and scheming behavior — as well as attempts to carry out any of these. The definition of artificial superintelligence is notable for its specificity, requiring autonomous operation, human-level-or-above cognition, and self-modification capacity.

Sec. 4
Obligation to participate; enforcement and penalties
Developer

(a)(1) 1 Each covered advanced artificial intelligence system developerCovered advanced artificial intelligence system developerThe term "covered advanced artificial intelligence system developer" means a person that designs, codes, produces, owns, or substantially modifies an advanced artificial intelligence system for use in interstate or foreign commerce, including by taking steps to initiate a training run of the advanced artificial intelligence system.Sec. 3(7) shall— (1) participate in the programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13);

(a)(2) 2 Each covered advanced artificial intelligence system developerCovered advanced artificial intelligence system developerThe term "covered advanced artificial intelligence system developer" means a person that designs, codes, produces, owns, or substantially modifies an advanced artificial intelligence system for use in interstate or foreign commerce, including by taking steps to initiate a training run of the advanced artificial intelligence system.Sec. 3(7) shall— (2) provide to the SecretarySecretaryThe term "Secretary" means the Secretary of Energy.Sec. 3(15), on request, materials and information necessary to carry out the programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13), which may include, with respect to the advanced artificial intelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) system of the covered advanced artificial intelligence system developerCovered advanced artificial intelligence system developerThe term "covered advanced artificial intelligence system developer" means a person that designs, codes, produces, owns, or substantially modifies an advanced artificial intelligence system for use in interstate or foreign commerce, including by taking steps to initiate a training run of the advanced artificial intelligence system.Sec. 3(7)— (A) the underlying code of the advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1); (B) data used to train the advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1); (C) model weights or other adjustable parameters for the advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1); (D) the interface engine or other implementation of the advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1); and (E) detailed information regarding the training, model architecture, or other aspects of the advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1).

(b) 3 No person may deployDeployThe term "deploy" means an action taken by a covered advanced artificial intelligence system developer to release, sell, or otherwise provide access to an advanced artificial intelligence system outside the custody of the developer, including by releasing an open-source advanced artificial intelligence system.Sec. 3(8) an advanced artificial intelligence systemAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1) for use in interstate or foreign commerceInterstate or foreign commerceThe term "interstate or foreign commerce" has the meaning given the term in section 921(a) of title 18, United States Code.Sec. 3(11) unless that person is in compliance with subsection (a).

(c) A person that violates subsection (a) or (b) shall be fined not less than $1,000,000 per day of the violation.

Section 4 creates the bill's core private-sector obligations. Covered advanced AI system developers must participate in the DOE evaluation program and, on request, provide the Secretary with specified materials including underlying code, training data, model weights, interface engines, and detailed architecture information. Subsection (b) prohibits any person from deploying an advanced AI system in interstate or foreign commerce unless they are in compliance with these participation and disclosure requirements — effectively creating a pre-deployment compliance gate. Subsection (c) imposes a minimum fine of $1,000,000 per day of violation for breaching either the participation obligation or the deployment prohibition.

Compliance actions 3 items
1
Covered advanced AI system developers must participate in the DOE Advanced Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) Evaluation ProgramProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13), which conducts standardized safety testing, adversarial red-team evaluation, and classified assessments of advanced AI systems.
S-01.1
2
Covered advanced AI system developers must provide to the Secretary of Energy, on request, materials necessary to carry out the evaluation programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13), including underlying code, training data, model weights, interface engines, and detailed information regarding training and model architecture.
R-02.2
3
No person may deployDeployThe term "deploy" means an action taken by a covered advanced artificial intelligence system developer to release, sell, or otherwise provide access to an advanced artificial intelligence system outside the custody of the developer, including by releasing an open-source advanced artificial intelligence system.Sec. 3(8) an advanced AI system for use in interstate or foreign commerceInterstate or foreign commerceThe term "interstate or foreign commerce" has the meaning given the term in section 921(a) of title 18, United States Code.Sec. 3(11) unless that person is in compliance with the programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13) participation and information-provision obligations.
S-03.3
Sec. 5
Advanced Artificial Intelligence Evaluation Program

(a) 4 Not later than 90 days after the date of enactment of this Act, the SecretarySecretaryThe term "Secretary" means the Secretary of Energy.Sec. 3(15) shall establish an Advanced Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" or "AI" means technology that enables a device or software— (A) to make—for a given set of human-defined objectives—predictions, recommendations, or decisions influencing real or virtual environments; and (B) to use machine and human-based inputs— (i) to perceive real and virtual environments; (ii) to abstract such perceptions into models through analysis in an automated manner; and (iii) to use model inference to formulate options for information or action.Sec. 3(3) Evaluation ProgramProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13) within the Department of Energy.

(b)(1)–(8) 4 The programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13) shall— (1) offer standardized and classified testing and evaluation of advanced AI systems to systematically collect data on the likelihood of adverse AI incidentsAdverse AI incidentThe term "adverse AI incident" means an incident relating to an artificial intelligence system that involves— (A) a loss-of-control scenario; (B) a risk of weaponization by a foreign adversary, a foreign terrorist organization, or another adversary of the United States Government; (C) a threat to the safety or reliability of critical infrastructure (as defined in subsection (e) of the Critical Infrastructures Protection Act of 2001 (42 U.S.C. 5195c(e))); (D) a significant erosion of civil liberties, economic competition, and healthy labor markets; (E) scheming behavior; or (F) an attempt to carry out an incident described in subparagraphs (A) through (E).Sec. 3(2) for a given advanced AI system; (2) implement testing protocols that match or exceed anticipated real-world AI jailbreaking techniques, including adversarial testing by red teams with expertise comparable to sophisticated malicious actors; (3) to the extent feasible, establish and facilitate classified, independent third-party assessments and blind model evaluations to maintain transparency and reliability; (4) provide participating entities with a formal report based on testing outcomes that clearly identifies evaluated risks and safety measures; (5) develop recommended containment protocols, contingency planning, and mitigation strategies informed by testing data to address identified risks; (6) inform the creation of evidence-based standards, regulatory options, guidelines, and governance mechanisms based on data collected from testing and evaluations; (7) assist Congress in determining the potential for controlled AI systems to reach artificial superintelligenceArtificial superintelligenceThe term "artificial superintelligence" means artificial intelligence that exhibits, or can easily be modified to exhibit, all of the following characteristics: (i) The AI can enable a device or software to operate autonomously and effectively for long stretches of time in open-ended environments and in pursuit of broad objectives. (ii) The AI can enable a device or software to match or exceed human cognitive performance and capabilities across most domains or tasks, including those related to decisionmaking, learning, and adaptive behaviors. (iii) The AI can enable a device or software to potentially exhibit the capacity to independently modify or enhance its own functions in ways that could plausibly circumvent human control or oversight, posing substantial and unprecedented risks to humanity.Sec. 3(5), exceed human oversight or operational control, or pose existential threats to humanity by providing comprehensive empirical evaluations and risk assessments; and (8) develop proposed options for regulatory or governmental oversight, including potential nationalization or other strategic measures, for preventing or managing the development of artificial superintelligenceArtificial superintelligenceThe term "artificial superintelligence" means artificial intelligence that exhibits, or can easily be modified to exhibit, all of the following characteristics: (i) The AI can enable a device or software to operate autonomously and effectively for long stretches of time in open-ended environments and in pursuit of broad objectives. (ii) The AI can enable a device or software to match or exceed human cognitive performance and capabilities across most domains or tasks, including those related to decisionmaking, learning, and adaptive behaviors. (iii) The AI can enable a device or software to potentially exhibit the capacity to independently modify or enhance its own functions in ways that could plausibly circumvent human control or oversight, posing substantial and unprecedented risks to humanity.Sec. 3(5) if artificial superintelligenceArtificial superintelligenceThe term "artificial superintelligence" means artificial intelligence that exhibits, or can easily be modified to exhibit, all of the following characteristics: (i) The AI can enable a device or software to operate autonomously and effectively for long stretches of time in open-ended environments and in pursuit of broad objectives. (ii) The AI can enable a device or software to match or exceed human cognitive performance and capabilities across most domains or tasks, including those related to decisionmaking, learning, and adaptive behaviors. (iii) The AI can enable a device or software to potentially exhibit the capacity to independently modify or enhance its own functions in ways that could plausibly circumvent human control or oversight, posing substantial and unprecedented risks to humanity.Sec. 3(5) seems likely to arise.

(c)(1)–(3) 4 Not later than 360 days after the date of enactment of this Act, the SecretarySecretaryThe term "Secretary" means the Secretary of Energy.Sec. 3(15) shall submit to Congress a detailed recommendation for Federal oversight of advanced artificial intelligence systemsAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1), drawing directly upon insights, empirical data, and lessons learned from the programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13). (2) The plan submitted under paragraph (1) shall— (A) summarize and analyze outcomes from testing, identifying key trends, capabilities, potential risks, and system behaviors such as weaponization potential, self-replication capabilities, scheming behaviorsScheming behaviorThe term "scheming behavior" means behavior by an AI system to deceive human designers or operators, including by— (A) hiding its true capabilities and objectives; or (B) attempting to subvert oversight mechanisms or shutdown mechanisms.Sec. 3(14), autonomous decisionmaking, and automated AI development capabilities; (B) recommend evidence-based standards, certification procedures, licensing requirements, and regulatory oversight structures specifically informed by testing and evaluation data, ensuring alignment between identified risks and regulatory responses; (C) outline proposals for automated and continuous monitoring of AI hardware usage, computational resource inputs, and cloud-computing deployments based on observed relationships between those factors and AI system performance or emergent capabilities; (D) propose adaptive governance strategies that account for ongoing improvements in algorithmic efficiency and system capabilities, ensuring that regulatory frameworks remain relevant and effective as AI technology advances; (E) suggest revisions with respect to Federal oversight or resourcing, such as a new office within an existing agency, a new agency, or additional funding, that may be necessary to develop and administer a permanent framework for oversight of advanced artificial intelligence systemsAdvanced artificial intelligence systemThe term "advanced artificial intelligence system" means an artificial intelligence system that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. The Secretary may, by a rule, propose a new definition of the term "advanced artificial intelligence system" to replace this definition, which new definition shall not go into effect until the Secretary submits the rule to Congress and a joint resolution approving the rule is enacted into law.Sec. 3(1); and (F) provide comprehensive evaluations regarding the potential for tested AI systems to exceed human oversight, approach artificial superintelligenceArtificial superintelligenceThe term "artificial superintelligence" means artificial intelligence that exhibits, or can easily be modified to exhibit, all of the following characteristics: (i) The AI can enable a device or software to operate autonomously and effectively for long stretches of time in open-ended environments and in pursuit of broad objectives. (ii) The AI can enable a device or software to match or exceed human cognitive performance and capabilities across most domains or tasks, including those related to decisionmaking, learning, and adaptive behaviors. (iii) The AI can enable a device or software to potentially exhibit the capacity to independently modify or enhance its own functions in ways that could plausibly circumvent human control or oversight, posing substantial and unprecedented risks to humanity.Sec. 3(5), threaten economic competition (including in labor markets), undermine civil liberties, and pose existential risks to humanity, including clearly articulated options for regulatory or governmental oversight measures to address scenarios of imminent concern identified through testing. (3) Not less frequently than once every year for the duration of the programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13), the SecretarySecretaryThe term "Secretary" means the Secretary of Energy.Sec. 3(15) shall— (A) update the plan submitted under paragraph (1) with new insights, data, and lessons from the programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13); and (B) submit the updated plan to Congress.

(d) The programProgramThe term "program" means the Advanced Artificial Intelligence Evaluation Program established under section 5.Sec. 3(13) shall terminate on the date that is 7 years after the date of enactment of this Act, unless renewed by Congress.

Section 5 directs the Secretary of Energy to establish the Advanced Artificial Intelligence Evaluation Program within 90 days of enactment. The program's eight enumerated activities include standardized and classified testing, adversarial red-teaming at the level of sophisticated malicious actors, independent third-party and blind model evaluations, formal risk reports to participating entities, containment and mitigation strategy development, evidence-based standards creation, empirical assessments of superintelligence risk, and development of regulatory options including potential nationalization. Subsection (c) requires the Secretary to submit to Congress within 360 days a detailed recommendation for a permanent federal AI oversight framework, with annual updates. Subsection (d) provides a 7-year sunset unless Congress renews. The obligations in this section run to the Secretary of Energy (a government actor), not to private entities — they establish the program's mandate rather than private-sector compliance duties.

Passage Likelihood

Medium
Status Introduced
Chamber No passage
Committee No action
Majority party (No data)
Bipartisan Yes
Prior session None

Legislative History

2025-09-29 Read twice and referred to the Committee on Commerce, Science, and Transportation.

Entry Last Reviewed

2026-05-20
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