How Is This Bill Enforced
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.
This Act may be cited as the ''Testing and Evaluation Systems for Trusted Artificial Intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) Act of 2023'' or the ''TEST AI Act of 2023''.
This section establishes the short title of the bill as the "Testing and Evaluation Systems for Trusted Artificial Intelligence Act of 2023" or the "TEST AI Act of 2023." It creates no compliance obligations.
(1) In this subsection, the term 'artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1)' has the meaning given such term in section 5002 of the National Artificial Intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) Act of 2020 (15 U.S.C. 9401).
This provision defines artificial intelligence by cross-reference to the National Artificial Intelligence Act of 2020 (15 U.S.C. § 9401). It is a definitional provision that creates no independent compliance obligation.
(2) 1 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 Intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) 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 intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) systems, including testbeds that support development of artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) 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.
This is the bill's core operative provision. It directs the NIST Director, in coordination with the Secretary of Energy, the interagency committee established under the National Artificial Intelligence Initiative Act, and other appropriate federal agencies, private sector entities, and institutions of higher education, to establish testbeds for the development and testing of trustworthy AI systems. The testbeds may be virtual or experimental environments and must support AI guardrails development, misuse risk examination, and vulnerability evaluation. The obligation falls exclusively on federal agencies and creates no private-sector compliance duties.
(3)(A) 2 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).
(3)(B) 3 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— (i) to advance artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) tools, systems, facilities, capabilities, and workforce needs; (ii) to improve the reliability and trustworthiness of artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) methods and solutions relevant to the mission of the Federal agencies conducting development or testing of artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) systems for use by the agency, or in conducting Federal oversight of commercial uses of artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) systems; and (iii) to establish testbeds, including a classified testbed as necessary, to support safeguards and systems to prevent the misuse of artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) systems, particularly in but not limited to weapons of mass destruction proliferation, undertake annual risk assessments of artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) misuse, formulate evaluation strategies, and employ testing and evaluation resources to support Federal oversight of artificial intelligenceartificial intelligencethe 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).15 U.S.C. § 278h-1(g)(1) systems.
This provision requires the Secretary of Commerce and the Secretary of Energy to enter into a memorandum of understanding to implement the interagency coordination required by paragraph (2). The MOU must ensure NIST and other federal agencies have access to DOE resources, personnel, and facilities — including cross-cutting R&D programs — to advance AI capabilities and workforce, improve AI reliability and trustworthiness for federal agency use and federal oversight of commercial AI, and establish testbeds (including classified testbeds) to prevent AI misuse, particularly in WMD proliferation contexts. The provision also requires annual risk assessments of AI misuse and evaluation strategies.