[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> <