[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2714 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 2714
To establish the National Artificial Intelligence Research Resource,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mr. Heinrich (for himself, Mr. Young, Mr. Booker, and Mr. Rounds)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish the National Artificial Intelligence Research Resource,
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 ``Creating Resources for Every
American To Experiment with Artificial Intelligence Act of 2023'' or
the ``CREATE AI Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Cutting-edge artificial intelligence research relies on
access to computational resources and large datasets.
(2) Access to the computational resources and datasets
necessary for artificial intelligence research and development
is often limited to very large technology companies.
(3) The lack of access to computational and data resources
has resulted in insufficient diversity in the artificial
intelligence research and development community.
(4) Engaging the full and diverse talent of the United
States is critical for maintaining United States leadership in
artificial intelligence and ensuring that artificial
intelligence is developed in a manner that benefits all people
of the United States.
(5) The National Artificial Intelligence Research Resource
Task Force, authorized under section 5106 of the National
Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401
et seq.), recommended the establishment of a National
Artificial Intelligence Research Resource in a report entitled
``Strengthening and Democratizing the U.S. Artificial
Intelligence Innovation Ecosystem: An Implementation Plan for a
National Artificial Intelligence Research Resource'', issued on
January 24, 2023.
SEC. 3. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE.
(a) NAIRR Steering Subcommittee.--Section 5103 of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 9413) is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(e) NAIRR Steering Subcommittee.--
``(1) Definition.--In this subsection, the terms `NAIRR',
`National Artificial Intelligence Research Resource',
`Operating Entity', `Program Management Office', and `resources
of the NAIRR' have the meanings given the terms in section
5601.
``(2) Establishment.--There is established within the
Interagency Committee a Steering Subcommittee for the National
Artificial Intelligence Research Resource (referred to in this
section as the `NAIRR Steering Subcommittee').
``(3) Chair and assistant chairs.--The NAIRR Steering
Subcommittee shall be chaired by the Director of the Office of
Science and Technology Policy. The Director of the Office of
Science and Technology Policy may establish assistant chairs of
the NAIRR Steering Subcommittee based on members of the NAIRR
Steering Subcommittee rotating into the assistant chair
positions on a predetermined schedule.
``(4) Membership.--The Director of the Office of Science
and Technology Policy shall select members of the Interagency
Committee to serve on the NAIRR Steering Subcommittee that the
Director determines--
``(A) have substantial expertise;
``(B) have substantially funded or conducted
artificial intelligence research and development; or
``(C) have some other significant relationship with
the NAIRR.
``(5) Changes to nairr steering subcommittee composition.--
Not less frequently than once a year, the Director of the
Office of Science and Technology Policy shall review the
composition of the NAIRR Steering Subcommittee and update such
composition, which may include adding or removing members from
the NAIRR Steering Subcommittee, if necessary.
``(6) Subcommittees and working groups.--The NAIRR Steering
Subcommittee may establish subcommittees, working groups, or
other permanent or temporary bodies of certain members of the
NAIRR Steering Subcommittee.
``(7) Duties.--The NAIRR Steering Subcommittee shall--
``(A) coordinate with the National Science
Foundation and the Program Management Office to--
``(i) oversee and approve the operating
plan for the NAIRR;
``(ii) request the budget for the NAIRR;
``(iii) develop and release a request for
proposals to solicit bids for the Operating
Entity, including establishing the terms and
conditions and functions of the Operating
Entity; and
``(iv) develop and release funding
opportunities for resources of the NAIRR;
``(B) work with the Program Management Office to
establish criteria for the Operating Entity, review
candidates, and select an entity to act as the
Operating Entity;
``(C) identify resources that could be federated,
participate in resource provider selection and funding,
and provide direction to the Operating Entity about
resource allocation and how those resources should be
made accessible via the NAIRR;
``(D) define key performance indicators for the
NAIRR, in conjunction with the Program Management
Office and any relevant Advisory Committees established
under section 5602(c);
``(E) evaluate NAIRR performance against the key
performance indicators defined under subparagraph (D)
on a periodic basis and not less frequently than once
every year;
``(F) develop an annual report, transmitted to the
Director of the Office of Science and Technology Policy
and publicly released, on the progress of the National
Artificial Intelligence Research Resource that
includes--
``(i) a summary of the results of the
evaluation conducted under subparagraph (E);
and
``(ii) any recommendations for changes to
the NAIRR; and
``(G) oversee a periodic independent assessment of
the NAIRR.
``(8) Provision of resources of the nairr.--Each agency
comprising the NAIRR Steering Subcommittee is authorized to
provide the Operating Entity with resources of the NAIRR or
funding for resources of the NAIRR.''.
(b) In General.--The National Artificial Intelligence Initiative
Act of 2020 (15 U.S.C. 9401 et seq.) is amended by adding at the end
the following:
``TITLE LVI--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE
``Sec. 5601. Definitions.
``Sec. 5602. Establishment; governance.
``Sec. 5603. Resources of the NAIRR.
``Sec. 5604. NAIRR processes and procedures.
``SEC. 5601. DEFINITIONS.
``In this title:
``(1) Advisory committee.--The term `Advisory Committee'
means any Advisory Committee established under section 5602(c).
``(2) AI testbed.--The term `AI testbed' means a testbed
described in section 22A(g) of the National Institute of
Standards and Technology Act (15 U.S.C. 278h-1(g)).
``(3) Executive agency.--The term `Executive agency' has
the meaning given such term in section 105 of title 5, United
States Code.
``(4) National artificial intelligence research resource;
nairr.--The terms `National Artificial Intelligence Research
Resource' and `NAIRR' have the meaning given the term `National
Artificial Intelligence Research Resource' in section 5106(g).
``(5) Operating entity.--The term `Operating Entity' means
the Operating Entity selected by the Program Management Office
as described in section 5602(b)(3)(A).
``(6) Program management office.--The term `Program
Management Office' means the Program Management Office
established under section 5602(b).
``(7) Resource of the nairr.--The term `resource of the
NAIRR' means a resource described in section 5603(b).
``(8) NAIRR steering subcommittee.--The term `NAIRR
Steering Subcommittee' means the NAIRR Steering Subcommittee
established under section 5103(e).
``(9) STEM.--The term `STEM' means science, technology,
engineering, and mathematics, including computer science.
``SEC. 5602. ESTABLISHMENT; GOVERNANCE.
``(a) Establishment.--Not later than 1 year after the date of
enactment of the Creating Resources for Every American To Experiment
with Artificial Intelligence Act of 2023, the Director of the National
Science Foundation, in coordination with the NAIRR Steering
Subcommittee, shall establish the National Artificial Intelligence
Research Resource to--
``(1) spur innovation and advance the development of safe,
reliable, and trustworthy artificial intelligence research and
development;
``(2) improve access to artificial intelligence resources
for researchers and students of artificial intelligence,
including groups historically underrepresented in STEM;
``(3) improve capacity for artificial intelligence research
in the United States; and
``(4) support the testing, benchmarking, and evaluation of
artificial intelligence systems developed and deployed in the
United States.
``(b) Program Management Office.--
``(1) Establishment.--The Director of the National Science
Foundation shall establish within the National Science
Foundation a Program Management Office to oversee the day-to-
day functions of the NAIRR and shall appoint an individual to
head the Program Management Office.
``(2) Staff.--
``(A) In general.--The head of the Program
Management Office may identify staff and direct all
employees of the Program Management Office, in
accordance with the applicable provisions of title 5,
United States Code.
``(B) Representation and requirements.--The staff
of the Program Management Office--
``(i) may include representation from other
Federal agencies providing support for NAIRR
resources; and
``(ii) shall include not less than 3 full-
time employees.
``(3) Duties.--The duties of the Program Management Office
shall include--
``(A) in coordination with the NAIRR Steering
Subcommittee and any relevant Advisory Committee as
appropriate--
``(i) developing the funding opportunity
and soliciting bids for the Operating Entity,
which will be responsible for operation of the
National Artificial Intelligence Research
Resource;
``(ii) selecting, through a competitive and
transparent process, a nongovernmental
organization, which may be an independent legal
entity or a consortium of 1 or more partners
(which may include federally funded research
and development centers), to be designated the
Operating Entity;
``(iii) overseeing compliance with the
contractual obligations of the Operating
Entity;
``(iv) establishing evaluation criteria for
the NAIRR;
``(v) overseeing asset allocation and
utilization;
``(vi) identifying an external independent
evaluation entity;
``(vii) assessing the performance of the
Operating Entity on not less than an annual
basis and, if such performance is
unsatisfactory, ending the agreement with such
Operating Entity and selecting a new Operating
Entity in accordance with clause (ii);
``(viii) developing multi-agency funding
opportunities for the selection of NAIRR
resources; and
``(ix) coordinating resource contributions
from participating Federal agencies; and
``(B) delegating, with appropriate oversight,
operational tasks to the Operating Entity, including--
``(i) coordinating the provisioning of
resources of the NAIRR;
``(ii) maintaining a portal and associated
services for users to access resources of the
NAIRR;
``(iii) developing policies and procedures
for the NAIRR;
``(iv) hiring and managing a staff
(including experts in cyber infrastructure
management, data science, research design,
privacy, ethics, civil rights and civil
liberties, and legal and policy matters) to
support the operations of the NAIRR;
``(v) continually modernizing NAIRR
infrastructure;
``(vi) recommending key performance
indicators for the NAIRR, in coordination with
the NAIRR Steering Subcommittee and any
relevant Advisory Committee;
``(vii) publishing publicly available
annual reports reviewing the performance of the
NAIRR, the resources of the NAIRR, and the
NAIRR governance structures;
``(viii) establishing and administering
training to new users on accessing a resource
of the NAIRR, research design, and issues
related to privacy, ethics, civil rights and
civil liberties, safety, and trustworthiness of
artificial intelligence systems;
``(ix) facilitating connections to AI
testbeds; and
``(x) making resources of the NAIRR
available to other Federal agencies, and to
Congress, for the purpose of educating Federal
Government officials and employees about
artificial intelligence.
``(c) Advisory Committees.--The head of the Program Management
Office, acting through the Director of the Operating Entity, shall
establish Advisory Committees to provide advice to the Operating Entity
and the Program Management Office. Any such Advisory Committees shall
be comprised of members from government agencies, the private sector,
academia, and public interest groups. Chapter 10 of title 5, United
States Code, shall not apply to any such Advisory Committee.
``SEC. 5603. RESOURCES OF THE NAIRR.
``(a) In General.--The head of the Program Management Office,
acting through the Director of the Operating Entity and in coordination
with the NAIRR Steering Subcommittee and any relevant Advisory
Committee, shall--
``(1) coordinate and provision resources of the NAIRR;
``(2) establish processes to manage the procurement of new
resources of the NAIRR, and intake of in-kind contribution of
resources of the NAIRR, from Federal agencies or other
entities;
``(3) establish policies on and review resources of the
NAIRR for concerns related to ethics, privacy, civil rights,
and civil liberties;
``(4) retire resources of the NAIRR no longer available or
needed; and
``(5) publicly report a summary of categories of available
resources of the NAIRR, categories of sources of such resources
of the NAIRR, and issues related to resources of the NAIRR.
``(b) Resources of the NAIRR.--The NAIRR shall offer resources that
include, at a minimum, all of the following, subject to the
availability of appropriations:
``(1) A mix of computational resources, including--
``(A) on-premises, cloud-based, hybrid, and
emergent resources;
``(B) public cloud providers providing access to
popular computational and storage services for NAIRR
users;
``(C) an open source software environment for the
NAIRR; and
``(D) an application programming interface
providing structured access to artificial intelligence
models.
``(2) Data, including by--
``(A)(i) in coordination with the National
Institute of Standards and Technology and consistent
with the guidance of the National Science and
Technology Council titled `Desirable Characteristics of
Data Repositories for Federally Funded Data,' dated May
2022, or any successor document, publishing
interoperability standards for data repositories based
on the data sharing and documentation standards and
guidelines produced under section 22A of the National
Institute of Standards and Technology Act (15 U.S.C.
278h-1); and
``(ii) selecting and developing, through a
competitive bidding process, data repositories to be
available to NAIRR users;
``(B) establishing acceptable criteria for datasets
used as resources of the NAIRR;
``(C) identifying and providing access to existing
curated datasets of value and interest to the NAIRR
user community;
``(D) establishing an artificial intelligence open
data commons to facilitate community sharing and
curation of data, code, and models; and
``(E) coordinating with the Interagency Council on
Statistical Policy to explore options to make Federal
statistical data available to NAIRR users, including
through the standard application process established
under section 3583(a) of title 44, United States Code.
``(3) Educational tools and services, including by--
``(A) facilitating and curating educational and
training materials;
``(B) providing technical training and user
support; and
``(C) providing outreach and programming for groups
historically underrepresented in STEM.
``(4) AI testbeds, including by--
``(A) in coordination with the National Institute
of Standards and Technology, facilitating access to
artificial intelligence testbeds through which
researchers can measure, benchmark, test, or evaluate
engineering or algorithmic developments; and
``(B) developing a comprehensive catalog of open AI
testbeds.
``SEC. 5604. NAIRR PROCESSES AND PROCEDURES.
``(a) User Eligibility.--
``(1) Eligible users.--Subject to paragraph (3), the
following users shall be eligible for access to the NAIRR:
``(A) A researcher, educator, or student based in
the United States that is affiliated with an entity
described in paragraph (2).
``(B) An employee of an entity described in clause
(iii) or (iv) of paragraph (2)(B) with a demonstrable
mission-need.
``(2) Entities described.--An entity described in this
paragraph is an entity that--
``(A) is based in the United States; and
``(B) is one of the following:
``(i) An institution of higher education.
``(ii) A nonprofit institution (as such
term is defined in section 4 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15
U.S.C. 3703)).
``(iii) An Executive agency.
``(iv) A federally funded research and
development center.
``(v) A small business concern (as such
term is defined in section 3 of the Small
Business Act (15 U.S.C. 632), notwithstanding
section 121.103 of title 13, Code of Federal
Regulations) that has received funding from an
Executive agency, including through the Small
Business Innovation Research Program or the
Small Business Technology Transfer Program (as
described in section 9 of the Small Business
Act (15 U.S.C. 638)).
``(vi) A category of entity that the
Director of the National Science Foundation and
the Director of the Office of Science and
Technology Policy, after consultation with the
NAIRR Steering Subcommittee and any relevant
Advisory Committee, determine shall be
eligible.
``(vii) A consortium composed of entities
described in clauses (i) through (vi).
``(3) Excluded entities.--
``(A) In general.--No individual is authorized to
be an eligible user under paragraph (1) if the
individual is employed by a foreign country that is
listed in section 4872(d)(2) of title 10, United States
Code, or is otherwise authorized by such country to act
for or on its behalf.
``(B) Enforcement.--The Director of the National
Science Foundation shall ensure that individuals
authorized as eligible users meet the requirements of
subparagraph (A).
``(b) Privacy, Ethics, Civil Rights and Civil Liberties, Safety,
and Trustworthiness.--
``(1) In general.--
``(A) Requirements.--The head of the Program
Management Office, acting through the Director of the
Operating Entity and in consultation with any relevant
Advisory Committee, shall establish requirements, a
review process for applications, and a process for
auditing resources of the NAIRR and research conducted
using resources of the NAIRR on matters related to
privacy, ethics, civil rights and civil liberties,
safety, security, and trustworthiness of artificial
intelligence systems developed using resources of the
NAIRR.
``(B) Federal statistical data.--Any auditing
process required under subparagraph (A) for Federal
statistical data included in a resource of the NAIRR
shall be completed by the head of a designated
statistical agency (as defined in section 3576(e) of
title 44, United States Code), in coordination with the
Chief Statistician of the United States, consistent
with relevant law.
``(2) Consistency.--The head of the Program Management
Office shall ensure the requirements and processes described in
paragraph (1) are consistent with the policies of the Office of
Management and Budget policy and relevant policies of other
Executive agencies. The head of the Program Management Office
shall coordinate with the Senior Agency Official for Privacy
and the General Counsel of the National Science Foundation in
ensuring compliance with applicable privacy law and policy and
Federal laws and regulations.
``(3) Availability.--The head of the Program Management
Office, acting through the Director of the Operating Entity,
shall--
``(A) when determining access to computational
resources of the NAIRR, take into consideration the
extent to which the access relates to privacy, ethics,
civil rights and civil liberties, safety, security,
risk mitigation, and trustworthiness of artificial
intelligence systems, or other topics that demonstrate
that a project is in the public interest;
``(B) ensure that a significant percentage of the
annual allotment of computational resources of the
NAIRR is provided to projects whose primary focus is
related to any of the topics described in subparagraph
(A); and
``(C) to the extent that demand for access to
computational resources of the NAIRR exceeds
availability, consider, on a priority basis, projects
focusing on any of the topics described in subparagraph
(A) when ranking applications for such access.
``(c) Scientific Integrity.--
``(1) In general.--The head of the Program Management
Office, acting through the Director of the Operating Entity and
in consultation with any relevant Advisory Committee, shall
develop guidance for--
``(A) addressing concerns related to matters of
scientific integrity, including matters related to the
effects or impacts of research and potential research
enabled by the NAIRR; and
``(B) mechanisms for an employee of the Operating
Entity, an employee of the Program Management Office, a
member of the NAIRR Steering Subcommittee or an
Advisory Committee, a researcher or student affiliated
with a NAIRR user described in subsection (a)(1), an
employee of a provider of a resource of the NAIRR, an
employee of a NAIRR funding agency, or a member of the
public to report violations of the guidance developed
under this paragraph, including by confidential and
anonymous means.
``(2) Consistency with government policies on scientific
integrity.--The guidance developed under paragraph (1)(A) shall
be published in a publicly accessible location on the website
of the NAIRR. Such policies shall, to the degree practicable,
be consistent with--
``(A) the Presidential memorandum entitled
`Restoring Trust in Government Through Scientific
Integrity and Evidence-Based Policymaking', dated
January 27, 2021, or successor document; and
``(B) reports produced pursuant to such
Presidential memorandum (including the reports entitled
`Protecting the Integrity of Government Science', dated
January 2022, and `A Framework for Federal Scientific
Integrity Policy and Practice', dated January 2023,
published by the National Science and Technology
Council, or successor documents).
``(d) System Security and User Access Controls.--The head of the
Program Management Office, acting through the Director of the Operating
Entity and in consultation with the NAIRR Steering Subcommittee, the
Director of the Office of Management and Budget, the Director of the
National Institute of Standards and Technology, and the Director of the
Cybersecurity and Infrastructure Security Agency--
``(1) shall establish minimum security requirements for all
persons interacting with the NAIRR, consistent with the most
recent version of the Cybersecurity Framework, or successor
document, maintained by the National Institute of Standards and
Technology; and
``(2) may establish tiers of security requirements and user
access controls beyond the minimum requirements relative to
security risks.
``(e) Fee Schedule.--The head of the Program Management Office,
acting through the Director of the Operating Entity, may establish a
fee schedule for access to the NAIRR. The Operating Entity may only
charge fees in such fee schedule. Such fee schedule--
``(1) may differ by type of eligible user and type of
affiliated entity described in subsection (a);
``(2) shall include a free tier of access based on
appropriated funds and anticipated costs and demand;
``(3) may include cost-based charges for eligible users to
purchase resources of the NAIRR beyond the resources included
in a free or subsidized tier; and
``(4) shall ensure that the primary purpose of the NAIRR is
to support research.
``(f) Research Security.--The head of the Program Management
Office, acting through the Director of the Operating Entity and in
consultation with the NAIRR Steering Subcommittee and the Director of
the Office of Science and Technology Policy, shall--
``(1) ensure conformance with the requirements of National
Security Presidential Memorandum-33 (relating to supported
research and development national policy), issued January 2021,
and its implementation guidance on research security and
research integrity, or any successor policy document or
guidance, by establishing NAIRR operating principles that
emphasize the research integrity principles of openness,
reciprocity, and transparency; and
``(2) designate a member of the leadership team for the
Operating Entity as a research security point of contact with
responsibility for overseeing conformance with the National
Security Presidential Memorandum-33 and its implementation
guidance, or any successor policy document or guidance.''.
(c) Conforming Amendments.--The table of contents in section 2(b)
of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3388) is amended by
inserting after the items relating to title LV the following:
``TITLE LVI--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE
``Sec. 5601. Definitions.
``Sec. 5602. Establishment; governance.
``Sec. 5603. Resources of the NAIRR.
``Sec. 5604. NAIRR processes and procedures.''.
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