Review – S 2938 Introduced – Advanced AI Evaluation

Last month Sen Hawley (R,MO) introduced S 2938, the Artificial Intelligence Risk Evaluation Act of 2025. The bill would require DOE to establish an Advanced Artificial Intelligence Evaluation Program, and each year submit to Congress a detailed recommendation for Federal oversight of advanced artificial intelligence systems. No new funding is provided in the bill.

Commentary

This bill does not actually allow for DOE to conduct regulatory oversight of covered advanced AI system developers or systems, but the requirement for information provision to DOE with the accompanying penalty for noncompliance makes this a de facto regulatory scheme, that would be certain to morph into an active regulatory effort. This is especially important because there is no language in the bill that would prohibit DOE regulatory efforts. More importantly, there is no language that would limit DOE from sharing the information either on its own initiative or under provisions of the Freedom of Information Act.

 

For more information on the provisions of this bill, including commentary on the selection of DOE as the action agency, see my article at CFSN Detailed Analysis - https://patrickcoyle.substack.com/p/s-2938-introduced-advanced-ai-evaluation - subscription required.