I 
118TH CONGRESS 
1ST SESSION H. R. 5077 
To establish the National Artificial Intelligence Research Resource, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2023 
Ms. ESHOO (for herself, Mr. MCCAUL, Mr. BEYER, and Mr. OBERNOLTE) in-
troduced the following bill; which was referred to the Committee on 
Science, Space, and Technology 
A BILL 
To establish the National Artificial Intelligence Research 
Resource, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Creating Resources 
for Every American To Experiment with Artificial Intel-
ligence Act of 2023’’ or the ‘‘CREATE AI Act of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(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 tech-
nology companies. 
(3) The lack of access to computational and 
data resources has resulted in insufficient diversity 
in the artificial intelligence research and develop-
ment community. 
(4) Engaging the full and diverse talent of the 
United States is critical for maintaining United 
States leadership in artificial intelligence and ensur-
ing that artificial intelligence is developed in a man-
ner that benefits all people of the United States. 
(5) The National Artificial Intelligence Re-
search Resource Task Force, authorized under sec-
tion 5106 of the National Artificial Intelligence Ini-
tiative Act of 2020 (15 U.S.C. 9401 et seq.), rec-
ommended the establishment of a National Artificial 
Intelligence Research Resource in a report entitled 
‘‘Strengthening and Democratizing the U.S. Artifi-
cial Intelligence Innovation Ecosystem: An Imple-
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mentation Plan for a National Artificial Intelligence 
Research Resource’’, issued on January 24, 2023. 
SEC. 3. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH 
RESOURCE. 
(a) NAIRR STEERING
SUBCOMMITTEE.—Section 
5103 of the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 (15 U.S.C. 
9413) is amended— 
(1) by redesignating subsection (e) as sub-
section (f); and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) NAIRR STEERING SUBCOMMITTEE.— 
‘‘(1) DEFINITION.—In this subsection, the 
terms ‘NAIRR’, ‘National Artificial Intelligence Re-
search Resource’, ‘Operating Entity’, ‘Program 
Management Office’, and ‘resources of the NAIRR’ 
have the meanings given the terms in section 5601. 
‘‘(2) ESTABLISHMENT.—There is established 
within the Interagency Committee a Steering Sub-
committee for the National Artificial Intelligence Re-
search Resource (referred to in this section as the 
‘NAIRR Steering Subcommittee’). 
‘‘(3) CHAIR
AND
ASSISTANT
CHAIRS.—The 
NAIRR Steering Subcommittee shall be chaired by 
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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 mem-
bers of the NAIRR Steering Subcommittee rotating 
into the assistant chair positions on a predetermined 
schedule. 
‘‘(4) MEMBERSHIP.—The Director of the Office 
of Science and Technology Policy shall select mem-
bers of the Interagency Committee to serve on the 
NAIRR Steering Subcommittee that the Director de-
termines— 
‘‘(A) have substantial expertise; 
‘‘(B) have substantially funded or con-
ducted artificial intelligence research and devel-
opment; or 
‘‘(C) have some other significant relation-
ship with the NAIRR. 
‘‘(5) CHANGES
TO
NAIRR
STEERING
SUB-
COMMITTEE
COMPOSITION.—Not less frequently 
than once a year, the Director of the Office of 
Science and Technology Policy shall review the com-
position of the NAIRR Steering Subcommittee and 
update such composition, which may include adding 
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or removing members from the NAIRR Steering 
Subcommittee, if necessary. 
‘‘(6) 
SUBCOMMITTEES
AND
WORKING 
GROUPS.—The NAIRR Steering Subcommittee may 
establish subcommittees, working groups, or other 
permanent or temporary bodies of certain members 
of the NAIRR Steering Subcommittee. 
‘‘(7) DUTIES.—The NAIRR Steering Sub-
committee shall— 
‘‘(A) coordinate with the National Science 
Foundation and the Program Management Of-
fice to— 
‘‘(i) oversee and approve the operating 
plan for the NAIRR; 
‘‘(ii) request the budget for the 
NAIRR; 
‘‘(iii) develop and release a request for 
proposals to solicit bids for the Operating 
Entity, including establishing the terms 
and conditions and functions of the Oper-
ating Entity; and 
‘‘(iv) develop and release funding op-
portunities for resources of the NAIRR; 
‘‘(B) work with the Program Management 
Office to establish criteria for the Operating 
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Entity, review candidates, and select an entity 
to act as the Operating Entity; 
‘‘(C) identify resources that could be fed-
erated, participate in resource provider selection 
and funding, and provide direction to the Oper-
ating Entity about resource allocation and how 
those resources should be made accessible via 
the NAIRR; 
‘‘(D) define key performance indicators for 
the NAIRR, in conjunction with the Program 
Management Office and any relevant Advisory 
Committees established under section 5602(c); 
‘‘(E) evaluate NAIRR performance against 
the key performance indicators defined under 
subparagraph (D) on a periodic basis and not 
less frequently than once every year; 
‘‘(F) develop an annual report, transmitted 
to the Director of the Office of Science and 
Technology Policy and publicly released, on the 
progress of the National Artificial Intelligence 
Research Resource that includes— 
‘‘(i) a summary of the results of the 
evaluation conducted under subparagraph 
(E); and 
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‘‘(ii) 
any 
recommendations 
for 
changes to the NAIRR; and 
‘‘(G) oversee a periodic independent assess-
ment of the NAIRR. 
‘‘(8) PROVISION
OF
RESOURCES
OF
THE 
NAIRR.—Each agency comprising the NAIRR Steer-
ing Subcommittee is authorized to provide the Oper-
ating Entity with resources of the NAIRR or fund-
ing for resources of the NAIRR.’’. 
(b) IN GENERAL.—The National Artificial Intel-
ligence Initiative Act of 2020 (15 U.S.C. 9401 et seq.) 
is amended by adding at the end the following: 
‘‘TITLE LVI—NATIONAL ARTIFI-
CIAL 
INTELLIGENCE 
RE-
SEARCH 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 ‘Advi-
sory Committee’ means any Advisory Committee es-
tablished under section 5602(c). 
‘‘(2) AI TESTBED.—The term ‘AI testbed’ 
means a testbed described in section 22A(g) of the 
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National Institute of Standards and Technology Act 
(15 U.S.C. 278h–1(g)). 
‘‘(3) EXECUTIVE AGENCY.—The term ‘Execu-
tive agency’ has the meaning given such term in sec-
tion 105 of title 5, United States Code. 
‘‘(4) NATIONAL ARTIFICIAL INTELLIGENCE RE-
SEARCH
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 ‘Oper-
ating 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 Pro-
gram Management Office established under section 
5602(b). 
‘‘(7) RESOURCE OF THE NAIRR.—The term ‘re-
source of the NAIRR’ means a resource described in 
section 5603(b). 
‘‘(8) NAIRR STEERING SUBCOMMITTEE.—The 
term ‘NAIRR Steering Subcommittee’ means the 
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NAIRR Steering Subcommittee established under 
section 5103(e). 
‘‘(9) STEM.—The term ‘STEM’ means science, 
technology, engineering, and mathematics, including 
computer science. 
‘‘SEC. 5602. ESTABLISHMENT; GOVERNANCE. 
‘‘(a) ESTABLISHMENT.—Not later than 1 year after 
the date of enactment of the Creating Resources for Every 
American To Experiment with Artificial Intelligence Act 
of 2023, the Director of the National Science Foundation, 
in coordination with the NAIRR Steering Subcommittee, 
shall establish the National Artificial Intelligence Re-
search Resource to— 
‘‘(1) spur innovation and advance the develop-
ment of safe, reliable, and trustworthy artificial in-
telligence research and development; 
‘‘(2) improve access to artificial intelligence re-
sources for researchers and students of artificial in-
telligence, including groups historically underrep-
resented in STEM; 
‘‘(3) improve capacity for artificial intelligence 
research in the United States; and 
‘‘(4) support the testing, benchmarking, and 
evaluation of artificial intelligence systems developed 
and deployed in the United States. 
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‘‘(b) PROGRAM MANAGEMENT OFFICE.— 
‘‘(1) ESTABLISHMENT.—The Director of the 
National Science Foundation shall establish within 
the National Science Foundation a Program Man-
agement 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 Pro-
gram Management Office may identify staff 
and direct all employees of the Program Man-
agement Office, in accordance with the applica-
ble provisions of title 5, United States Code. 
‘‘(B) REPRESENTATION
AND
REQUIRE-
MENTS.—The staff of the Program Manage-
ment Office— 
‘‘(i) may include representation from 
other Federal agencies providing support 
for NAIRR resources; and 
‘‘(ii) shall include not fewer than 3 
full-time employees. 
‘‘(3) DUTIES.—The duties of the Program 
Management Office shall include— 
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‘‘(A) in coordination with the NAIRR 
Steering Subcommittee and any relevant Advi-
sory Committee as appropriate— 
‘‘(i) developing the funding oppor-
tunity and soliciting bids for the Operating 
Entity, which will be responsible for oper-
ation of the National Artificial Intelligence 
Research Resource; 
‘‘(ii) selecting, through a competitive 
and transparent process, a nongovern-
mental organization, which may be an 
independent legal entity or a consortium of 
1 or more partners (which may include 
federally funded research and development 
centers), to be designated the Operating 
Entity; 
‘‘(iii) overseeing compliance with the 
contractual obligations of the Operating 
Entity; 
‘‘(iv) establishing evaluation criteria 
for the NAIRR; 
‘‘(v) overseeing asset allocation and 
utilization; 
‘‘(vi) identifying an external inde-
pendent evaluation entity; 
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‘‘(vii) assessing the performance of 
the Operating Entity on not less than an 
annual basis and, if such performance is 
unsatisfactory, ending the agreement with 
such Operating Entity and selecting a new 
Operating Entity in accordance with clause 
(ii); 
‘‘(viii) developing multi-agency fund-
ing opportunities for the selection of 
NAIRR resources; and 
‘‘(ix) coordinating resource contribu-
tions from participating Federal agencies; 
and 
‘‘(B) delegating, with appropriate over-
sight, operational tasks to the Operating Enti-
ty, including— 
‘‘(i) coordinating the provisioning of 
resources of the NAIRR; 
‘‘(ii) maintaining a portal and associ-
ated services for users to access resources 
of the NAIRR; 
‘‘(iii) developing policies and proce-
dures for the NAIRR; 
‘‘(iv) hiring and managing a staff (in-
cluding experts in cyber infrastructure 
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management, data science, research de-
sign, privacy, ethics, civil rights and civil 
liberties, and legal and policy matters) to 
support the operations of the NAIRR; 
‘‘(v) continually modernizing NAIRR 
infrastructure; 
‘‘(vi) recommending key performance 
indicators for the NAIRR, in coordination 
with the NAIRR Steering Subcommittee 
and any relevant Advisory Committee; 
‘‘(vii) publishing publicly available an-
nual reports reviewing the performance of 
the NAIRR, the resources of the NAIRR, 
and the NAIRR governance structures; 
‘‘(viii) establishing and administering 
training to new users on accessing a re-
source of the NAIRR, research design, and 
issues related to privacy, ethics, civil rights 
and civil liberties, safety, and trust-
worthiness of artificial intelligence systems; 
‘‘(ix) facilitating connections to AI 
testbeds; and 
‘‘(x) making resources of the NAIRR 
available to other Federal agencies, and to 
Congress, for the purpose of educating 
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Federal Government officials and employ-
ees about artificial intelligence. 
‘‘(c) ADVISORY COMMITTEES.—The head of the Pro-
gram Management Office, acting through the Director of 
the Operating Entity, shall establish Advisory Committees 
to provide advice to the Operating Entity and the Program 
Management Office. Any such Advisory Committees shall 
be comprised of members from government agencies, the 
private sector, academia, and public interest groups. 
Chapter 10 of title 5, United States Code, shall not apply 
to any such Advisory Committee. 
‘‘SEC. 5603. RESOURCES OF THE NAIRR. 
‘‘(a) IN GENERAL.—The head of the Program Man-
agement Office, acting through the Director of the Oper-
ating Entity and in coordination with the NAIRR Steering 
Subcommittee and any relevant Advisory Committee, 
shall— 
‘‘(1) coordinate and provision resources of the 
NAIRR; 
‘‘(2) establish processes to manage the procure-
ment of new resources of the NAIRR, and intake of 
in-kind contribution of resources of the NAIRR, 
from Federal agencies or other entities; 
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‘‘(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, includ-
ing— 
‘‘(A) on-premises, cloud-based, hybrid, and 
emergent resources; 
‘‘(B) public cloud providers providing ac-
cess to popular computational and storage serv-
ices for NAIRR users; 
‘‘(C) an open source software environment 
for the NAIRR; and 
‘‘(D) an application programming interface 
providing structured access to artificial intel-
ligence models. 
‘‘(2) Data, including by— 
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‘‘(A)(i) in coordination with the National 
Institute of Standards and Technology and con-
sistent with the guidance of the National 
Science and Technology Council titled ‘Desir-
able Characteristics of Data Repositories for 
Federally Funded Data,’ dated May 2022, or 
any successor document, publishing interoper-
ability 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 Tech-
nology 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 
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‘‘(E) coordinating with the Interagency 
Council on Statistical Policy to explore options 
to make Federal statistical data available to 
NAIRR users, including through the standard 
application process established under section 
3583(a) of title 44, United States Code. 
‘‘(3) Educational tools and services, including 
by— 
‘‘(A) facilitating and curating educational 
and training materials; 
‘‘(B) providing technical training and user 
support; and 
‘‘(C) providing outreach and programming 
for groups historically underrepresented in 
STEM. 
‘‘(4) AI testbeds, including by— 
‘‘(A) in coordination with the National In-
stitute of Standards and Technology, facili-
tating access to artificial intelligence testbeds 
through which researchers can measure, bench-
mark, test, or evaluate engineering or algo-
rithmic developments; and 
‘‘(B) developing a comprehensive catalog of 
open AI testbeds. 
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‘‘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 de-
scribed in this paragraph is an entity that satisfies 
the following: 
‘‘(A) Is based in the United States. 
‘‘(B) Is one of the following: 
‘‘(i) An institution of higher edu-
cation. 
‘‘(ii) A nonprofit institution (as such 
term is defined in section 4 of the Steven-
son-Wydler Technology Innovation Act of 
1980 (15 U.S.C. 3703)). 
‘‘(iii) An Executive agency. 
‘‘(iv) A federally funded research and 
development center. 
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‘‘(v) A small business concern (as 
such term is defined in section 3 of the 
Small Business Act (15 U.S.C. 632), not-
withstanding section 121.103 of title 13, 
Code of Federal Regulations) that has re-
ceived funding from an Executive agency, 
including through the Small Business In-
novation 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 Di-
rector 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, de-
termine shall be eligible. 
‘‘(vii) A consortium composed of enti-
ties described in clauses (i) through (vi). 
‘‘(3) EXCLUDED ENTITIES.— 
‘‘(A) IN GENERAL.—No individual is au-
thorized 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 
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title 10, United States Code, or is otherwise au-
thorized by such country to act for or on its be-
half. 
‘‘(B) ENFORCEMENT.—The Director of the 
National Science Foundation shall ensure that 
individuals authorized as eligible users meet the 
requirements of subparagraph (A). 
‘‘(b) PRIVACY, ETHICS, CIVIL RIGHTS AND CIVIL 
LIBERTIES, SAFETY, AND TRUSTWORTHINESS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENTS.—The head of the 
Program Management Office, acting through 
the Director of the Operating Entity and in 
consultation with any relevant Advisory Com-
mittee, shall establish requirements, a review 
process for applications, and a process for au-
diting 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 trust-
worthiness of artificial intelligence systems de-
veloped using resources of the NAIRR. 
‘‘(B) FEDERAL STATISTICAL DATA.—Any 
auditing process required under subparagraph 
(A) for Federal statistical data included in a re-
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source of the NAIRR shall be completed by the 
head of a designated statistical agency (as de-
fined 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 con-
sistent with the policies of the Office of Management 
and Budget policy and relevant policies of other Ex-
ecutive agencies. The head of the Program Manage-
ment Office shall coordinate with the Senior Agency 
Official for Privacy and the General Counsel of the 
National Science Foundation in ensuring compliance 
with applicable privacy law and policy and Federal 
laws and regulations. 
‘‘(3) AVAILABILITY.—The head of the Program 
Management Office, acting through the Director of 
the Operating Entity, shall— 
‘‘(A) when determining access to computa-
tional resources of the NAIRR, take into con-
sideration the extent to which the access relates 
to privacy, ethics, civil rights and civil liberties, 
safety, security, risk mitigation, and trust-
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worthiness of artificial intelligence systems, or 
other topics that demonstrate that a project is 
in the public interest; 
‘‘(B) ensure that a significant percentage 
of the annual allotment of computational re-
sources of the NAIRR is provided to projects 
the primary focus of which is related to any of 
the topics described in subparagraph (A); and 
‘‘(C) to the extent that demand for access 
to computational resources of the NAIRR ex-
ceeds availability, consider, on a priority basis, 
projects focusing on any of the topics described 
in subparagraph (A) when ranking applications 
for such access. 
‘‘(c) SCIENTIFIC INTEGRITY.— 
‘‘(1) IN GENERAL.—The head of the Program 
Management Office, acting through the Director of 
the Operating Entity and in consultation with any 
relevant Advisory Committee, shall develop guidance 
for— 
‘‘(A) addressing concerns related to mat-
ters of scientific integrity, including matters re-
lated to the effects or impacts of research and 
potential research enabled by the NAIRR; and 
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‘‘(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 Com-
mittee, 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 vio-
lations of the guidance developed under this 
paragraph, including by confidential and anony-
mous means. 
‘‘(2) CONSISTENCY WITH GOVERNMENT POLI-
CIES ON SCIENTIFIC INTEGRITY.—The guidance de-
veloped under paragraph (1)(A) shall be published in 
a publicly accessible location on the website of the 
NAIRR. Such policies shall, to the degree prac-
ticable, be consistent with— 
‘‘(A) the Presidential memorandum enti-
tled ‘Restoring Trust in Government Through 
Scientific Integrity and Evidence-Based Policy-
making’, dated January 27, 2021, or successor 
document; and 
‘‘(B) reports produced pursuant to such 
Presidential memorandum (including the re-
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