II 

118TH CONGRESS 

1ST SESSION S. 2714 

To establish the National Artificial Intelligence Research Resource, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2023 

Mr. HEINRICH (for himself, Mr. YOUNG, Mr. BOOKER, and Mr. ROUNDS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To establish the National Artificial Intelligence Research 

Resource, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Creating Resources 

5 for Every American To Experiment with Artificial Intel6 ligence Act of 2023’’ or the ‘‘CREATE AI Act of 2023’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds the following: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 2714 IS

1 (1) Cutting-edge artificial intelligence research 

2 relies on access to computational resources and large 

3 datasets. 

4 (2) Access to the computational resources and 

5 datasets necessary for artificial intelligence research 

6 and development is often limited to very large tech7 nology companies. 

8 (3) The lack of access to computational and 

9 data resources has resulted in insufficient diversity 

10 in the artificial intelligence research and develop11 ment community. 

12 (4) Engaging the full and diverse talent of the 

13 United States is critical for maintaining United 

14 States leadership in artificial intelligence and ensur15 ing that artificial intelligence is developed in a man16 ner that benefits all people of the United States. 

17 (5) The National Artificial Intelligence Re18 search Resource Task Force, authorized under sec19 tion 5106 of the National Artificial Intelligence Ini20 tiative Act of 2020 (15 U.S.C. 9401 et seq.), rec21 ommended the establishment of a National Artificial 

22 Intelligence Research Resource in a report entitled 

23 ‘‘Strengthening and Democratizing the U.S. Artifi24 cial Intelligence Innovation Ecosystem: An ImpleVerDate Sep 11 2014 00:58 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.IS S2714

kjohnson on DSK79L0C42PROD with BILLS
3 

•S 2714 IS

1 mentation Plan for a National Artificial Intelligence 

2 Research Resource’’, issued on January 24, 2023. 

3 SEC. 3. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH 

4 RESOURCE. 

5 (a) NAIRR STEERING SUBCOMMITTEE.—Section 

6 5103 of the William M. (Mac) Thornberry National De7 fense Authorization Act for Fiscal Year 2021 (15 U.S.C. 

8 9413) is amended— 

9 (1) by redesignating subsection (e) as sub10 section (f); and 

11 (2) by inserting after subsection (d) the fol12 lowing: 

13 ‘‘(e) NAIRR STEERING SUBCOMMITTEE.— 

14 ‘‘(1) DEFINITION.—In this subsection, the 

15 terms ‘NAIRR’, ‘National Artificial Intelligence Re16 search Resource’, ‘Operating Entity’, ‘Program 

17 Management Office’, and ‘resources of the NAIRR’ 

18 have the meanings given the terms in section 5601. 

19 ‘‘(2) ESTABLISHMENT.—There is established 

20 within the Interagency Committee a Steering Sub21 committee for the National Artificial Intelligence Re22 search Resource (referred to in this section as the 

23 ‘NAIRR Steering Subcommittee’). 

24 ‘‘(3) CHAIR AND ASSISTANT CHAIRS.—The 

25 NAIRR Steering Subcommittee shall be chaired by 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 2714 IS

1 the Director of the Office of Science and Technology 

2 Policy. The Director of the Office of Science and 

3 Technology Policy may establish assistant chairs of 

4 the NAIRR Steering Subcommittee based on mem5 bers of the NAIRR Steering Subcommittee rotating 

6 into the assistant chair positions on a predetermined 

7 schedule. 

8 ‘‘(4) MEMBERSHIP.—The Director of the Office 

9 of Science and Technology Policy shall select mem10 bers of the Interagency Committee to serve on the 

11 NAIRR Steering Subcommittee that the Director de12 termines— 

13 ‘‘(A) have substantial expertise; 

14 ‘‘(B) have substantially funded or con15 ducted artificial intelligence research and devel16 opment; or 

17 ‘‘(C) have some other significant relation18 ship with the NAIRR. 

19 ‘‘(5) CHANGES TO NAIRR STEERING SUB20 COMMITTEE COMPOSITION.—Not less frequently 

21 than once a year, the Director of the Office of 

22 Science and Technology Policy shall review the com23 position of the NAIRR Steering Subcommittee and 

24 update such composition, which may include adding 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 2714 IS

1 or removing members from the NAIRR Steering 

2 Subcommittee, if necessary. 

3 ‘‘(6) SUBCOMMITTEES AND WORKING

4 GROUPS.—The NAIRR Steering Subcommittee may 

5 establish subcommittees, working groups, or other 

6 permanent or temporary bodies of certain members 

7 of the NAIRR Steering Subcommittee. 

8 ‘‘(7) DUTIES.—The NAIRR Steering Sub9 committee shall— 

10 ‘‘(A) coordinate with the National Science 

11 Foundation and the Program Management Of12 fice to— 

13 ‘‘(i) oversee and approve the operating 

14 plan for the NAIRR; 

15 ‘‘(ii) request the budget for the 

16 NAIRR; 

17 ‘‘(iii) develop and release a request for 

18 proposals to solicit bids for the Operating 

19 Entity, including establishing the terms 

20 and conditions and functions of the Oper21 ating Entity; and 

22 ‘‘(iv) develop and release funding op23 portunities for resources of the NAIRR; 

24 ‘‘(B) work with the Program Management 

25 Office to establish criteria for the Operating 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 2714 IS

1 Entity, review candidates, and select an entity 

2 to act as the Operating Entity; 

3 ‘‘(C) identify resources that could be fed4 erated, participate in resource provider selection 

5 and funding, and provide direction to the Oper6 ating Entity about resource allocation and how 

7 those resources should be made accessible via 

8 the NAIRR; 

9 ‘‘(D) define key performance indicators for 

10 the NAIRR, in conjunction with the Program 

11 Management Office and any relevant Advisory 

12 Committees established under section 5602(c); 

13 ‘‘(E) evaluate NAIRR performance against 

14 the key performance indicators defined under 

15 subparagraph (D) on a periodic basis and not 

16 less frequently than once every year; 

17 ‘‘(F) develop an annual report, transmitted 

18 to the Director of the Office of Science and 

19 Technology Policy and publicly released, on the 

20 progress of the National Artificial Intelligence 

21 Research Resource that includes— 

22 ‘‘(i) a summary of the results of the 

23 evaluation conducted under subparagraph 

24 (E); and 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 2714 IS

1 ‘‘(ii) any recommendations for 

2 changes to the NAIRR; and 

3 ‘‘(G) oversee a periodic independent assess4 ment of the NAIRR. 

5 ‘‘(8) PROVISION OF RESOURCES OF THE

6 NAIRR.—Each agency comprising the NAIRR Steer7 ing Subcommittee is authorized to provide the Oper8 ating Entity with resources of the NAIRR or fund9 ing for resources of the NAIRR.’’. 

10 (b) IN GENERAL.—The National Artificial Intel11 ligence Initiative Act of 2020 (15 U.S.C. 9401 et seq.) 

12 is amended by adding at the end the following: 

13 ‘‘TITLE LVI—NATIONAL ARTIFI14 CIAL INTELLIGENCE RE15 SEARCH RESOURCE 

‘‘Sec. 5601. Definitions. 

‘‘Sec. 5602. Establishment; governance. 

‘‘Sec. 5603. Resources of the NAIRR. 

‘‘Sec. 5604. NAIRR processes and procedures. 

16 ‘‘SEC. 5601. DEFINITIONS. 

17 ‘‘In this title: 

18 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi19 sory Committee’ means any Advisory Committee es20 tablished under section 5602(c). 

21 ‘‘(2) AI TESTBED.—The term ‘AI testbed’ 

22 means a testbed described in section 22A(g) of the 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 2714 IS

1 National Institute of Standards and Technology Act 

2 (15 U.S.C. 278h–1(g)). 

3 ‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu4 tive agency’ has the meaning given such term in sec5 tion 105 of title 5, United States Code. 

6 ‘‘(4) NATIONAL ARTIFICIAL INTELLIGENCE RE7 SEARCH RESOURCE; NAIRR.—The terms ‘National 

8 Artificial Intelligence Research Resource’ and 

9 ‘NAIRR’ have the meaning given the term ‘National 

10 Artificial Intelligence Research Resource’ in section 

11 5106(g). 

12 ‘‘(5) OPERATING ENTITY.—The term ‘Oper13 ating Entity’ means the Operating Entity selected 

14 by the Program Management Office as described in 

15 section 5602(b)(3)(A). 

16 ‘‘(6) PROGRAM MANAGEMENT OFFICE.—The 

17 term ‘Program Management Office’ means the Pro18 gram Management Office established under section 

19 5602(b). 

20 ‘‘(7) RESOURCE OF THE NAIRR.—The term ‘re21 source of the NAIRR’ means a resource described in 

22 section 5603(b). 

23 ‘‘(8) NAIRR STEERING SUBCOMMITTEE.—The 

24 term ‘NAIRR Steering Subcommittee’ means the 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 2714 IS

1 NAIRR Steering Subcommittee established under 

2 section 5103(e). 

3 ‘‘(9) STEM.—The term ‘STEM’ means science, 

4 technology, engineering, and mathematics, including 

5 computer science. 

6 ‘‘SEC. 5602. ESTABLISHMENT; GOVERNANCE. 

7 ‘‘(a) ESTABLISHMENT.—Not later than 1 year after 

8 the date of enactment of the Creating Resources for Every 

9 American To Experiment with Artificial Intelligence Act 

10 of 2023, the Director of the National Science Foundation, 

11 in coordination with the NAIRR Steering Subcommittee, 

12 shall establish the National Artificial Intelligence Re13 search Resource to— 

14 ‘‘(1) spur innovation and advance the develop15 ment of safe, reliable, and trustworthy artificial in16 telligence research and development; 

17 ‘‘(2) improve access to artificial intelligence re18 sources for researchers and students of artificial in19 telligence, including groups historically underrep20 resented in STEM; 

21 ‘‘(3) improve capacity for artificial intelligence 

22 research in the United States; and 

23 ‘‘(4) support the testing, benchmarking, and 

24 evaluation of artificial intelligence systems developed 

25 and deployed in the United States. 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 2714 IS

1 ‘‘(b) PROGRAM MANAGEMENT OFFICE.— 

2 ‘‘(1) ESTABLISHMENT.—The Director of the 

3 National Science Foundation shall establish within 

4 the National Science Foundation a Program Man5 agement Office to oversee the day-to-day functions 

6 of the NAIRR and shall appoint an individual to 

7 head the Program Management Office. 

8 ‘‘(2) STAFF.— 

9 ‘‘(A) IN GENERAL.—The head of the Pro10 gram Management Office may identify staff 

11 and direct all employees of the Program Man12 agement Office, in accordance with the applica13 ble provisions of title 5, United States Code. 

14 ‘‘(B) REPRESENTATION AND REQUIRE15 MENTS.—The staff of the Program Manage16 ment Office— 

17 ‘‘(i) may include representation from 

18 other Federal agencies providing support 

19 for NAIRR resources; and 

20 ‘‘(ii) shall include not less than 3 full21 time employees. 

22 ‘‘(3) DUTIES.—The duties of the Program 

23 Management Office shall include— 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 2714 IS

1 ‘‘(A) in coordination with the NAIRR 

2 Steering Subcommittee and any relevant Advi3 sory Committee as appropriate— 

4 ‘‘(i) developing the funding oppor5 tunity and soliciting bids for the Operating 

6 Entity, which will be responsible for oper7 ation of the National Artificial Intelligence 

8 Research Resource; 

9 ‘‘(ii) selecting, through a competitive 

10 and transparent process, a nongovern11 mental organization, which may be an 

12 independent legal entity or a consortium of 

13 1 or more partners (which may include 

14 federally funded research and development 

15 centers), to be designated the Operating 

16 Entity; 

17 ‘‘(iii) overseeing compliance with the 

18 contractual obligations of the Operating 

19 Entity; 

20 ‘‘(iv) establishing evaluation criteria 

21 for the NAIRR; 

22 ‘‘(v) overseeing asset allocation and 

23 utilization; 

24 ‘‘(vi) identifying an external inde25 pendent evaluation entity; 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 2714 IS

1 ‘‘(vii) assessing the performance of 

2 the Operating Entity on not less than an 

3 annual basis and, if such performance is 

4 unsatisfactory, ending the agreement with 

5 such Operating Entity and selecting a new 

6 Operating Entity in accordance with clause 

7 (ii); 

8 ‘‘(viii) developing multi-agency fund9 ing opportunities for the selection of 

10 NAIRR resources; and 

11 ‘‘(ix) coordinating resource contribu12 tions from participating Federal agencies; 

13 and 

14 ‘‘(B) delegating, with appropriate over15 sight, operational tasks to the Operating Enti16 ty, including— 

17 ‘‘(i) coordinating the provisioning of 

18 resources of the NAIRR; 

19 ‘‘(ii) maintaining a portal and associ20 ated services for users to access resources 

21 of the NAIRR; 

22 ‘‘(iii) developing policies and proce23 dures for the NAIRR; 

24 ‘‘(iv) hiring and managing a staff (in25 cluding experts in cyber infrastructure 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 2714 IS

1 management, data science, research de2 sign, privacy, ethics, civil rights and civil 

3 liberties, and legal and policy matters) to 

4 support the operations of the NAIRR; 

5 ‘‘(v) continually modernizing NAIRR 

6 infrastructure; 

7 ‘‘(vi) recommending key performance 

8 indicators for the NAIRR, in coordination 

9 with the NAIRR Steering Subcommittee 

10 and any relevant Advisory Committee; 

11 ‘‘(vii) publishing publicly available an12 nual reports reviewing the performance of 

13 the NAIRR, the resources of the NAIRR, 

14 and the NAIRR governance structures; 

15 ‘‘(viii) establishing and administering 

16 training to new users on accessing a re17 source of the NAIRR, research design, and 

18 issues related to privacy, ethics, civil rights 

19 and civil liberties, safety, and trust20 worthiness of artificial intelligence systems; 

21 ‘‘(ix) facilitating connections to AI 

22 testbeds; and 

23 ‘‘(x) making resources of the NAIRR 

24 available to other Federal agencies, and to 

25 Congress, for the purpose of educating 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 2714 IS

1 Federal Government officials and employ2 ees about artificial intelligence. 

3 ‘‘(c) ADVISORY COMMITTEES.—The head of the Pro4 gram Management Office, acting through the Director of 

5 the Operating Entity, shall establish Advisory Committees 

6 to provide advice to the Operating Entity and the Program 

7 Management Office. Any such Advisory Committees shall 

8 be comprised of members from government agencies, the 

9 private sector, academia, and public interest groups. 

10 Chapter 10 of title 5, United States Code, shall not apply 

11 to any such Advisory Committee. 

12 ‘‘SEC. 5603. RESOURCES OF THE NAIRR. 

13 ‘‘(a) IN GENERAL.—The head of the Program Man14 agement Office, acting through the Director of the Oper15 ating Entity and in coordination with the NAIRR Steering 

16 Subcommittee and any relevant Advisory Committee, 

17 shall— 

18 ‘‘(1) coordinate and provision resources of the 

19 NAIRR; 

20 ‘‘(2) establish processes to manage the procure21 ment of new resources of the NAIRR, and intake of 

22 in-kind contribution of resources of the NAIRR, 

23 from Federal agencies or other entities; 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 2714 IS

1 ‘‘(3) establish policies on and review resources 

2 of the NAIRR for concerns related to ethics, privacy, 

3 civil rights, and civil liberties; 

4 ‘‘(4) retire resources of the NAIRR no longer 

5 available or needed; and 

6 ‘‘(5) publicly report a summary of categories of 

7 available resources of the NAIRR, categories of 

8 sources of such resources of the NAIRR, and issues 

9 related to resources of the NAIRR. 

10 ‘‘(b) RESOURCES OF THE NAIRR.—The NAIRR 

11 shall offer resources that include, at a minimum, all of 

12 the following, subject to the availability of appropriations: 

13 ‘‘(1) A mix of computational resources, includ14 ing— 

15 ‘‘(A) on-premises, cloud-based, hybrid, and 

16 emergent resources; 

17 ‘‘(B) public cloud providers providing ac18 cess to popular computational and storage serv19 ices for NAIRR users; 

20 ‘‘(C) an open source software environment 

21 for the NAIRR; and 

22 ‘‘(D) an application programming interface 

23 providing structured access to artificial intel24 ligence models. 

25 ‘‘(2) Data, including by— 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 2714 IS

1 ‘‘(A)(i) in coordination with the National 

2 Institute of Standards and Technology and con3 sistent with the guidance of the National 

4 Science and Technology Council titled ‘Desir5 able Characteristics of Data Repositories for 

6 Federally Funded Data,’ dated May 2022, or 

7 any successor document, publishing interoper8 ability standards for data repositories based on 

9 the data sharing and documentation standards 

10 and guidelines produced under section 22A of 

11 the National Institute of Standards and Tech12 nology Act (15 U.S.C. 278h–1); and 

13 ‘‘(ii) selecting and developing, through a 

14 competitive bidding process, data repositories to 

15 be available to NAIRR users; 

16 ‘‘(B) establishing acceptable criteria for 

17 datasets used as resources of the NAIRR; 

18 ‘‘(C) identifying and providing access to 

19 existing curated datasets of value and interest 

20 to the NAIRR user community; 

21 ‘‘(D) establishing an artificial intelligence 

22 open data commons to facilitate community 

23 sharing and curation of data, code, and models; 

24 and 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 2714 IS

1 ‘‘(E) coordinating with the Interagency 

2 Council on Statistical Policy to explore options 

3 to make Federal statistical data available to 

4 NAIRR users, including through the standard 

5 application process established under section 

6 3583(a) of title 44, United States Code. 

7 ‘‘(3) Educational tools and services, including 

8 by— 

9 ‘‘(A) facilitating and curating educational 

10 and training materials; 

11 ‘‘(B) providing technical training and user 

12 support; and 

13 ‘‘(C) providing outreach and programming 

14 for groups historically underrepresented in 

15 STEM. 

16 ‘‘(4) AI testbeds, including by— 

17 ‘‘(A) in coordination with the National In18 stitute of Standards and Technology, facili19 tating access to artificial intelligence testbeds 

20 through which researchers can measure, bench21 mark, test, or evaluate engineering or algo22 rithmic developments; and 

23 ‘‘(B) developing a comprehensive catalog of 

24 open AI testbeds. 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 2714 IS

1 ‘‘SEC. 5604. NAIRR PROCESSES AND PROCEDURES. 

2 ‘‘(a) USER ELIGIBILITY.— 

3 ‘‘(1) ELIGIBLE USERS.—Subject to paragraph 

4 (3), the following users shall be eligible for access to 

5 the NAIRR: 

6 ‘‘(A) A researcher, educator, or student 

7 based in the United States that is affiliated 

8 with an entity described in paragraph (2). 

9 ‘‘(B) An employee of an entity described in 

10 clause (iii) or (iv) of paragraph (2)(B) with a 

11 demonstrable mission-need. 

12 ‘‘(2) ENTITIES DESCRIBED.—An entity de13 scribed in this paragraph is an entity that— 

14 ‘‘(A) is based in the United States; and 

15 ‘‘(B) is one of the following: 

16 ‘‘(i) An institution of higher edu17 cation. 

18 ‘‘(ii) A nonprofit institution (as such 

19 term is defined in section 4 of the Steven20 son-Wydler Technology Innovation Act of 

21 1980 (15 U.S.C. 3703)). 

22 ‘‘(iii) An Executive agency. 

23 ‘‘(iv) A federally funded research and 

24 development center. 

25 ‘‘(v) A small business concern (as 

26 such term is defined in section 3 of the 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 2714 IS

1 Small Business Act (15 U.S.C. 632), not2 withstanding section 121.103 of title 13, 

3 Code of Federal Regulations) that has re4 ceived funding from an Executive agency, 

5 including through the Small Business In6 novation Research Program or the Small 

7 Business Technology Transfer Program 

8 (as described in section 9 of the Small 

9 Business Act (15 U.S.C. 638)). 

10 ‘‘(vi) A category of entity that the Di11 rector of the National Science Foundation 

12 and the Director of the Office of Science 

13 and Technology Policy, after consultation 

14 with the NAIRR Steering Subcommittee 

15 and any relevant Advisory Committee, de16 termine shall be eligible. 

17 ‘‘(vii) A consortium composed of enti18 ties described in clauses (i) through (vi). 

19 ‘‘(3) EXCLUDED ENTITIES.— 

20 ‘‘(A) IN GENERAL.—No individual is au21 thorized to be an eligible user under paragraph 

22 (1) if the individual is employed by a foreign 

23 country that is listed in section 4872(d)(2) of 

24 title 10, United States Code, or is otherwise auVerDate Sep 11 2014 00:58 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.IS S2714

kjohnson on DSK79L0C42PROD with BILLS
20 

•S 2714 IS

1 thorized by such country to act for or on its be2 half. 

3 ‘‘(B) ENFORCEMENT.—The Director of the 

4 National Science Foundation shall ensure that 

5 individuals authorized as eligible users meet the 

6 requirements of subparagraph (A). 

7 ‘‘(b) PRIVACY, ETHICS, CIVIL RIGHTS AND CIVIL

8 LIBERTIES, SAFETY, AND TRUSTWORTHINESS.— 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) REQUIREMENTS.—The head of the 

11 Program Management Office, acting through 

12 the Director of the Operating Entity and in 

13 consultation with any relevant Advisory Com14 mittee, shall establish requirements, a review 

15 process for applications, and a process for au16 diting resources of the NAIRR and research 

17 conducted using resources of the NAIRR on 

18 matters related to privacy, ethics, civil rights 

19 and civil liberties, safety, security, and trust20 worthiness of artificial intelligence systems de21 veloped using resources of the NAIRR. 

22 ‘‘(B) FEDERAL STATISTICAL DATA.—Any 

23 auditing process required under subparagraph 

24 (A) for Federal statistical data included in a re25 source of the NAIRR shall be completed by the 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 2714 IS

1 head of a designated statistical agency (as de2 fined in section 3576(e) of title 44, United 

3 States Code), in coordination with the Chief 

4 Statistician of the United States, consistent 

5 with relevant law. 

6 ‘‘(2) CONSISTENCY.—The head of the Program 

7 Management Office shall ensure the requirements 

8 and processes described in paragraph (1) are con9 sistent with the policies of the Office of Management 

10 and Budget policy and relevant policies of other Ex11 ecutive agencies. The head of the Program Manage12 ment Office shall coordinate with the Senior Agency 

13 Official for Privacy and the General Counsel of the 

14 National Science Foundation in ensuring compliance 

15 with applicable privacy law and policy and Federal 

16 laws and regulations. 

17 ‘‘(3) AVAILABILITY.—The head of the Program 

18 Management Office, acting through the Director of 

19 the Operating Entity, shall— 

20 ‘‘(A) when determining access to computa21 tional resources of the NAIRR, take into con22 sideration the extent to which the access relates 

23 to privacy, ethics, civil rights and civil liberties, 

24 safety, security, risk mitigation, and trust25 worthiness of artificial intelligence systems, or 


kjohnson on DSK79L0C42PROD with BILLS
22 

•S 2714 IS

1 other topics that demonstrate that a project is 

2 in the public interest; 

3 ‘‘(B) ensure that a significant percentage 

4 of the annual allotment of computational re5 sources of the NAIRR is provided to projects 

6 whose primary focus is related to any of the 

7 topics described in subparagraph (A); and 

8 ‘‘(C) to the extent that demand for access 

9 to computational resources of the NAIRR ex10 ceeds availability, consider, on a priority basis, 

11 projects focusing on any of the topics described 

12 in subparagraph (A) when ranking applications 

13 for such access. 

14 ‘‘(c) SCIENTIFIC INTEGRITY.— 

15 ‘‘(1) IN GENERAL.—The head of the Program 

16 Management Office, acting through the Director of 

17 the Operating Entity and in consultation with any 

18 relevant Advisory Committee, shall develop guidance 

19 for— 

20 ‘‘(A) addressing concerns related to mat21 ters of scientific integrity, including matters re22 lated to the effects or impacts of research and 

23 potential research enabled by the NAIRR; and 

24 ‘‘(B) mechanisms for an employee of the 

25 Operating Entity, an employee of the Program 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 2714 IS

1 Management Office, a member of the NAIRR 

2 Steering Subcommittee or an Advisory Com3 mittee, a researcher or student affiliated with a 

4 NAIRR user described in subsection (a)(1), an 

5 employee of a provider of a resource of the 

6 NAIRR, an employee of a NAIRR funding 

7 agency, or a member of the public to report vio8 lations of the guidance developed under this 

9 paragraph, including by confidential and anony10 mous means. 

11 ‘‘(2) CONSISTENCY WITH GOVERNMENT POLI12 CIES ON SCIENTIFIC INTEGRITY.—The guidance de13 veloped under paragraph (1)(A) shall be published in 

14 a publicly accessible location on the website of the 

15 NAIRR. Such policies shall, to the degree prac16 ticable, be consistent with— 

17 ‘‘(A) the Presidential memorandum enti18 tled ‘Restoring Trust in Government Through 

19 Scientific Integrity and Evidence-Based Policy20 making’, dated January 27, 2021, or successor 

21 document; and 

22 ‘‘(B) reports produced pursuant to such 

23 Presidential memorandum (including the re24 ports entitled ‘Protecting the Integrity of Gov25 ernment Science’, dated January 2022, and ‘A 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 2714 IS

1 Framework for Federal Scientific Integrity Pol2 icy and Practice’, dated January 2023, pub3 lished by the National Science and Technology 

4 Council, or successor documents). 

5 ‘‘(d) SYSTEM SECURITY AND USER ACCESS CON6 TROLS.—The head of the Program Management Office, 

7 acting through the Director of the Operating Entity and 

8 in consultation with the NAIRR Steering Subcommittee, 

9 the Director of the Office of Management and Budget, the 

10 Director of the National Institute of Standards and Tech11 nology, and the Director of the Cybersecurity and Infra12 structure Security Agency— 

13 ‘‘(1) shall establish minimum security require14 ments for all persons interacting with the NAIRR, 

15 consistent with the most recent version of the Cyber16 security Framework, or successor document, main17 tained by the National Institute of Standards and 

18 Technology; and 

19 ‘‘(2) may establish tiers of security require20 ments and user access controls beyond the minimum 

21 requirements relative to security risks. 

22 ‘‘(e) FEE SCHEDULE.—The head of the Program 

23 Management Office, acting through the Director of the 

24 Operating Entity, may establish a fee schedule for access 


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 2714 IS

1 to the NAIRR. The Operating Entity may only charge fees 

2 in such fee schedule. Such fee schedule— 

3 ‘‘(1) may differ by type of eligible user and type 

4 of affiliated entity described in subsection (a); 

5 ‘‘(2) shall include a free tier of access based on 

6 appropriated funds and anticipated costs and de7 mand; 

8 ‘‘(3) may include cost-based charges for eligible 

9 users to purchase resources of the NAIRR beyond 

10 the resources included in a free or subsidized tier; 

11 and 

12 ‘‘(4) shall ensure that the primary purpose of 

13 the NAIRR is to support research. 

14 ‘‘(f) RESEARCH SECURITY.—The head of the Pro15 gram Management Office, acting through the Director of 

16 the Operating Entity and in consultation with the NAIRR 

17 Steering Subcommittee and the Director of the Office of 

18 Science and Technology Policy, shall— 

19 ‘‘(1) ensure conformance with the requirements 

20 of National Security Presidential Memorandum–33 

21 (relating to supported research and development na22 tional policy), issued January 2021, and its imple23 mentation guidance on research security and re24 search integrity, or any successor policy document or 

25 guidance, by establishing NAIRR operating prinVerDate Sep 11 2014 00:58 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2714.IS S2714

kjohnson on DSK79L0C42PROD with BILLS
26 

•S 2714 IS

1 ciples that emphasize the research integrity prin2 ciples of openness, reciprocity, and transparency; 

3 and 

4 ‘‘(2) designate a member of the leadership team 

5 for the Operating Entity as a research security point 

6 of contact with responsibility for overseeing conform7 ance with the National Security Presidential Memo8 randum–33 and its implementation guidance, or any 

9 successor policy document or guidance.’’. 

10 (c) CONFORMING AMENDMENTS.—The table of con11 tents in section 2(b) of the William M. (Mac) Thornberry 

12 National Defense Authorization Act for Fiscal Year 2021 

13 (Public Law 116–283; 134 Stat. 3388) is amended by in14 serting 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.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS