[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>
<