[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2714 Reported in Senate (RS)]
<DOC>
Calendar No. 721
118th CONGRESS
2d 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
December 17 (legislative day, December 16), 2024
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds the following:</DELETED>
<DELETED> (1) Cutting-edge artificial intelligence research
relies on access to computational resources and large
datasets.</DELETED>
<DELETED> (2) Access to the computational resources and
datasets necessary for artificial intelligence research and
development is often limited to very large technology
companies.</DELETED>
<DELETED> (3) The lack of access to computational and data
resources has resulted in insufficient diversity in the
artificial intelligence research and development
community.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH
RESOURCE.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by redesignating subsection (e) as subsection
(f); and</DELETED>
<DELETED> (2) by inserting after subsection (d) the
following:</DELETED>
<DELETED> ``(e) NAIRR Steering Subcommittee.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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').</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) have substantial
expertise;</DELETED>
<DELETED> ``(B) have substantially funded or
conducted artificial intelligence research and
development; or</DELETED>
<DELETED> ``(C) have some other significant
relationship with the NAIRR.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(7) Duties.--The NAIRR Steering Subcommittee
shall--</DELETED>
<DELETED> ``(A) coordinate with the National Science
Foundation and the Program Management Office to--
</DELETED>
<DELETED> ``(i) oversee and approve the
operating plan for the NAIRR;</DELETED>
<DELETED> ``(ii) request the budget for the
NAIRR;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iv) develop and release funding
opportunities for resources of the
NAIRR;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) a summary of the results of
the evaluation conducted under subparagraph
(E); and</DELETED>
<DELETED> ``(ii) any recommendations for
changes to the NAIRR; and</DELETED>
<DELETED> ``(G) oversee a periodic independent
assessment of the NAIRR.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``TITLE LVI--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH
RESOURCE</DELETED>
<DELETED>``Sec. 5601. Definitions.
<DELETED>``Sec. 5602. Establishment; governance.
<DELETED>``Sec. 5603. Resources of the NAIRR.
<DELETED>``Sec. 5604. NAIRR processes and procedures.
<DELETED>``SEC. 5601. DEFINITIONS.</DELETED>
<DELETED> ``In this title:</DELETED>
<DELETED> ``(1) Advisory committee.--The term `Advisory
Committee' means any Advisory Committee established under
section 5602(c).</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(3) Executive agency.--The term `Executive
agency' has the meaning given such term in section 105 of title
5, United States Code.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(6) Program management office.--The term
`Program Management Office' means the Program Management Office
established under section 5602(b).</DELETED>
<DELETED> ``(7) Resource of the nairr.--The term `resource
of the NAIRR' means a resource described in section
5603(b).</DELETED>
<DELETED> ``(8) NAIRR steering subcommittee.--The term
`NAIRR Steering Subcommittee' means the NAIRR Steering
Subcommittee established under section 5103(e).</DELETED>
<DELETED> ``(9) STEM.--The term `STEM' means science,
technology, engineering, and mathematics, including computer
science.</DELETED>
<DELETED>``SEC. 5602. ESTABLISHMENT; GOVERNANCE.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) spur innovation and advance the development
of safe, reliable, and trustworthy artificial intelligence
research and development;</DELETED>
<DELETED> ``(2) improve access to artificial intelligence
resources for researchers and students of artificial
intelligence, including groups historically underrepresented in
STEM;</DELETED>
<DELETED> ``(3) improve capacity for artificial intelligence
research in the United States; and</DELETED>
<DELETED> ``(4) support the testing, benchmarking, and
evaluation of artificial intelligence systems developed and
deployed in the United States.</DELETED>
<DELETED> ``(b) Program Management Office.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Staff.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Representation and requirements.--
The staff of the Program Management Office--</DELETED>
<DELETED> ``(i) may include representation
from other Federal agencies providing support
for NAIRR resources; and</DELETED>
<DELETED> ``(ii) shall include not less than
3 full-time employees.</DELETED>
<DELETED> ``(3) Duties.--The duties of the Program
Management Office shall include--</DELETED>
<DELETED> ``(A) in coordination with the NAIRR
Steering Subcommittee and any relevant Advisory
Committee as appropriate--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(iii) overseeing compliance with
the contractual obligations of the Operating
Entity;</DELETED>
<DELETED> ``(iv) establishing evaluation
criteria for the NAIRR;</DELETED>
<DELETED> ``(v) overseeing asset allocation
and utilization;</DELETED>
<DELETED> ``(vi) identifying an external
independent evaluation entity;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(viii) developing multi-agency
funding opportunities for the selection of
NAIRR resources; and</DELETED>
<DELETED> ``(ix) coordinating resource
contributions from participating Federal
agencies; and</DELETED>
<DELETED> ``(B) delegating, with appropriate
oversight, operational tasks to the Operating Entity,
including--</DELETED>
<DELETED> ``(i) coordinating the
provisioning of resources of the
NAIRR;</DELETED>
<DELETED> ``(ii) maintaining a portal and
associated services for users to access
resources of the NAIRR;</DELETED>
<DELETED> ``(iii) developing policies and
procedures for the NAIRR;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(v) continually modernizing
NAIRR infrastructure;</DELETED>
<DELETED> ``(vi) recommending key
performance indicators for the NAIRR, in
coordination with the NAIRR Steering
Subcommittee and any relevant Advisory
Committee;</DELETED>
<DELETED> ``(vii) publishing publicly
available annual reports reviewing the
performance of the NAIRR, the resources of the
NAIRR, and the NAIRR governance
structures;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(ix) facilitating connections to
AI testbeds; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 5603. RESOURCES OF THE NAIRR.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) coordinate and provision resources of the
NAIRR;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(3) establish policies on and review resources
of the NAIRR for concerns related to ethics, privacy, civil
rights, and civil liberties;</DELETED>
<DELETED> ``(4) retire resources of the NAIRR no longer
available or needed; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(1) A mix of computational resources,
including--</DELETED>
<DELETED> ``(A) on-premises, cloud-based, hybrid,
and emergent resources;</DELETED>
<DELETED> ``(B) public cloud providers providing
access to popular computational and storage services
for NAIRR users;</DELETED>
<DELETED> ``(C) an open source software environment
for the NAIRR; and</DELETED>
<DELETED> ``(D) an application programming interface
providing structured access to artificial intelligence
models.</DELETED>
<DELETED> ``(2) Data, including by--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) selecting and developing, through a
competitive bidding process, data repositories to be
available to NAIRR users;</DELETED>
<DELETED> ``(B) establishing acceptable criteria for
datasets used as resources of the NAIRR;</DELETED>
<DELETED> ``(C) identifying and providing access to
existing curated datasets of value and interest to the
NAIRR user community;</DELETED>
<DELETED> ``(D) establishing an artificial
intelligence open data commons to facilitate community
sharing and curation of data, code, and models;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Educational tools and services, including
by--</DELETED>
<DELETED> ``(A) facilitating and curating
educational and training materials;</DELETED>
<DELETED> ``(B) providing technical training and
user support; and</DELETED>
<DELETED> ``(C) providing outreach and programming
for groups historically underrepresented in
STEM.</DELETED>
<DELETED> ``(4) AI testbeds, including by--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) developing a comprehensive catalog
of open AI testbeds.</DELETED>
<DELETED>``SEC. 5604. NAIRR PROCESSES AND PROCEDURES.</DELETED>
<DELETED> ``(a) User Eligibility.--</DELETED>
<DELETED> ``(1) Eligible users.--Subject to paragraph (3),
the following users shall be eligible for access to the
NAIRR:</DELETED>
<DELETED> ``(A) A researcher, educator, or student
based in the United States that is affiliated with an
entity described in paragraph (2).</DELETED>
<DELETED> ``(B) An employee of an entity described
in clause (iii) or (iv) of paragraph (2)(B) with a
demonstrable mission-need.</DELETED>
<DELETED> ``(2) Entities described.--An entity described in
this paragraph is an entity that--</DELETED>
<DELETED> ``(A) is based in the United States;
and</DELETED>
<DELETED> ``(B) is one of the following:</DELETED>
<DELETED> ``(i) An institution of higher
education.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(iii) An Executive
agency.</DELETED>
<DELETED> ``(iv) A federally funded research
and development center.</DELETED>
<DELETED> ``(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)).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(vii) A consortium composed of
entities described in clauses (i) through
(vi).</DELETED>
<DELETED> ``(3) Excluded entities.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Enforcement.--The Director of the
National Science Foundation shall ensure that
individuals authorized as eligible users meet the
requirements of subparagraph (A).</DELETED>
<DELETED> ``(b) Privacy, Ethics, Civil Rights and Civil Liberties,
Safety, and Trustworthiness.--</DELETED>
<DELETED> ``(1) In general.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Availability.--The head of the Program
Management Office, acting through the Director of the Operating
Entity, shall--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Scientific Integrity.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the Presidential memorandum entitled
`Restoring Trust in Government Through Scientific
Integrity and Evidence-Based Policymaking', dated
January 27, 2021, or successor document; and</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) may establish tiers of security requirements
and user access controls beyond the minimum requirements
relative to security risks.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(1) may differ by type of eligible user and type
of affiliated entity described in subsection (a);</DELETED>
<DELETED> ``(2) shall include a free tier of access based on
appropriated funds and anticipated costs and demand;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(4) shall ensure that the primary purpose of the
NAIRR is to support research.</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``TITLE LVI--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH
RESOURCE
<DELETED>``Sec. 5601. Definitions.
<DELETED>``Sec. 5602. Establishment; governance.
<DELETED>``Sec. 5603. Resources of the NAIRR.
<DELETED>``Sec. 5604. NAIRR processes and procedures.''.
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Creating Resources for Every
American To Experiment with Artificial Intelligence Act of 2024'' or
the ``CREATE AI Act of 2024''.
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) 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) Select committee on ai.--The term `Select Committee
on AI' means the Interagency Committee.
``(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 2024, the Director of the National
Science Foundation shall establish the National Artificial Intelligence
Research Resource to--
``(1) spur innovation and advance artificial intelligence
research and development;
``(2) advance the development of trustworthy artificial
intelligence;
``(3) improve access to artificial intelligence resources
for researchers and students of artificial intelligence,
including groups historically underrepresented in STEM;
``(4) improve capacity for artificial intelligence research
in the United States; and
``(5) 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.--The staff of the Program
Management Office may include representation from other
Executive agencies providing support for NAIRR
resources.
``(3) Duties.--The duties of the Program Management Office
shall include--
``(A) in consultation with any relevant Advisory
Committee as appropriate--
``(i) overseeing and approving the
operating plan for the NAIRR;
``(ii) developing the budget for the NAIRR,
in consultation with Executive agencies and
offices represented on the Select Committee on
AI;
``(iii) developing the funding opportunity
and soliciting bids for the Operating Entity,
which will be responsible for operation of the
National Artificial Intelligence Research
Resource;
``(iv) 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;
``(v) overseeing compliance with the
contractual obligations of the Operating
Entity;
``(vi) establishing evaluation criteria,
including key performance indicators, for the
NAIRR;
``(vii) overseeing asset allocation and
utilization;
``(viii) identifying an external
independent evaluation entity;
``(ix) 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 (iv);
``(x) developing funding opportunities for
resources of the NAIRR, in consultation with
Executive agencies and offices represented on
the Select Committee on AI; and
``(xi) coordinating resource contributions
from participating Federal agencies;
``(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) annually reviewing and cataloging
the performance of the NAIRR (including
performance on the key performance indicators
established under subparagraph (A)(vi)), the
resources of the NAIRR, and the NAIRR
governance structure;
``(vii) 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;
``(viii) facilitating connections to AI
testbeds; and
``(ix) making educational resources of the
NAIRR available to other Executive agencies,
and to Congress and agencies in the legislative
and judicial branches, for the purpose of
educating Federal Government officials and
employees about artificial intelligence;
``(C) developing an annual report, transmitted to
the Director of the Office of Science and Technology
Policy, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Science, Space, and Technology of the House of
Representatives and made available to the public, on
the progress of the NAIRR that includes--
``(i) a summary of the information
collected under subparagraph (B)(vi);
``(ii) a list of projects that used the
NAIRR during the reporting period, including,
as appropriate, relevant details about the
projects that demonstrate the value to the
public provided by the projects; and
``(iii) any recommendations for changes to
the NAIRR; and
``(D) overseeing a periodic independent assessment
of the NAIRR.
``(c) Advisory Committees.--The head of the Program Management
Office, acting through the Director of the Operating Entity, may
establish 1 or more 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.
``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 consultation
with relevant Executive agencies and offices represented on the Select
Committee on AI 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 Executive 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 that shall include--
``(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 and high-performance computing 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, Congress, an
agency of the legislative branch, or an agency
of the judicial branch.
``(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 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).
``(4) User access selection.--The head of the Program
Management Office, acting through the Director of the Operating
Entity, shall establish an application process for eligible
users to request access to the NAIRR.
``(b) Privacy, Ethics, Civil Liberties, 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.
``(c) 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 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.
``(d) Fee Schedule.--
``(1) In general.--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--
``(A) may differ by type of eligible user and type
of affiliated entity described in subsection (a);
``(B) shall include a free tier of access based on
appropriated funds and anticipated costs and demand;
``(C) 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
``(D) shall ensure that the primary purpose of the
NAIRR is to support research.
``(2) Retention and use of funds.--
``(A) Retaining of funds.--Notwithstanding section
3302 of title 31, United States Code, the head of the
Program Management Office may retain fees collected
under this subsection.
``(B) Availability and use of funds.--Amounts
retained under subparagraph (A)--
``(i) shall remain available until
expended; and
``(ii) shall be available to the head of
the Program Management Office, without further
appropriation, for the purposes of this title.
``(e) Research Security.--The head of the Program Management
Office, acting through the Director of the Operating Entity, 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.
``(f) Open Source.--The head of the Program Management Office,
acting through the Director of the Operating Entity, shall establish
policies to encourage software developed to administer the NAIRR, and
software developed using resources of the NAIRR, to be open-source
software.''.
(b) 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.''.
Calendar No. 721
118th CONGRESS
2d Session
S. 2714
_______________________________________________________________________
A BILL
To establish the National Artificial Intelligence Research Resource,
and for other purposes.
_______________________________________________________________________
December 17 (legislative day, December 16), 2024
Reported with an amendment