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[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
```