[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>
                        <