[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4441 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4441
To establish the National Artificial Intelligence Research Resource,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2026
Mr. Young (for himself, Mr. Heinrich, Mr. Rounds, and Mr. Booker)
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.
Be it enacted by the Senate and House of Representatives 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 Intelligence Act'' or the
``CREATE AI Act''.
SEC. 2. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH RESOURCE.
(a) 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:
``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.
``SEC. 5601. DEFINITIONS.
``In this title:
``(1) Executive agency.--The term `Executive agency' has
the meaning given such term in section 105 of title 5, United
States Code.
``(2) 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).
``(3) Program management office.--The term `Program
Management Office' means the Program Management Office
established under section 5602(c).
``(4) Resource of the nairr.--The term `resource of the
NAIRR' means a resource described in section 5603(1).
``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, the Director of the National Science
Foundation shall establish the National Artificial Intelligence
Research Resource to--
``(1) advance artificial intelligence research and research
that employs artificial intelligence; and
``(2) develop artificial intelligence skills for the United
States workforce.
``(b) Function.--The function of the NAIRR shall be to connect
United States researchers and educators to computational, data,
software, and educational resources, provided by Executive agencies,
State governments, or nongovernmental entities.
``(c) Program Management Office.--
``(1) Establishment.--The Director of the National Science
Foundation shall--
``(A) establish within the Office of Advanced
Cyberinfrastructure (or a successor office) of the
National Science Foundation a Program Management Office
to oversee the functions of the NAIRR; and
``(B) appoint an individual to head the Program
Management Office.
``(2) Duties.--The duties of the Program Management Office
shall include--
``(A) developing the budget for the NAIRR;
``(B) as needed, and with appropriate oversight,
delegating operational tasks to 1 or more
nongovernmental organizations that shall be selected
through a competitive and transparent process;
``(C) coordinating resource contributions from
participating Executive agencies, State governments,
and nongovernmental entities; and
``(D) establishing policies and procedures for the
NAIRR that carry out all requirements of section 5604.
``(d) Reporting.--The Director of the National Science Foundation
shall develop, and make publicly available, an annual report on the
progress of the NAIRR.
``SEC. 5603. RESOURCES OF THE NAIRR.
``The head of the Program Management Office shall--
``(1) coordinate and provision resources of the NAIRR,
which shall include computational resources, data, software,
models, testbeds, and educational resources;
``(2) establish processes to manage the acquisition and
integration of new resources of the NAIRR, and intake of in-
kind contribution of resources of the NAIRR, from Executive
agencies, State governments, or nongovernmental entities; and
``(3) publicly report a summary of categories of available
resources of the NAIRR.
``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
subclause (III) or (IV) of paragraph (2)(A)(ii) with a
demonstrable mission-need.
``(2) Entities described.--An entity described in this
paragraph is one of the following:
``(A) An entity that--
``(i) is based in the United States; and
``(ii) is--
``(I) an institution of higher
education (as such term is defined in
section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)));
``(II) a nonprofit institution (as
such term is defined in section 4 of
the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C.
3703));
``(III) an Executive agency,
Congress, an agency of the legislative
branch, or an agency of the judicial
branch;
``(IV) a federally funded research
and development center;
``(V) a small business concern (as
such term is defined in section 3 of
the Small Business Act (15 U.S.C. 632),
notwithstanding section 121.103 of
title 13, Code of Federal Regulations)
that has received funding from an
Executive agency, including through the
Small Business Innovation Research
Program or the Small Business
Technology Transfer Program (as
described in section 9 of the Small
Business Act (15 U.S.C. 638)); or
``(VI) a consortium composed of
entities described in subclauses (I)
through (V).
``(B) An entity that is determined to be eligible
by the Director of the National Science Foundation and
the Director of the Office of Science and Technology
Policy.
``(3) Excluded entities.--
``(A) In general.--No individual is authorized to
be an eligible user under paragraph (1) if the
individual is employed by a foreign country that is
listed in section 4872(f)(2) of title 10, United States
Code, or is otherwise authorized by such country to act
for or on its behalf.
``(B) Enforcement.--The Director of the National
Science Foundation shall ensure that individuals
authorized as eligible users meet the requirements of
subparagraph (A).
``(4) User access selection.--The head of the Program
Management Office shall establish an application process for
eligible users to request access to the NAIRR.
``(b) Research Security.--The head of the Program Management Office
shall--
``(1) ensure conformance with the requirements of National
Security Presidential Memorandum-33 (relating to supported
research and development national policy), issued January 2021,
and its implementation guidance on research security and
research integrity, or any successor policy document or
guidance; and
``(2)(A) designate a member of the Program Management
Office as a research security point of contact with
responsibility for overseeing conformance with National
Security Presidential Memorandum-33 and its implementation
guidance, or any successor policy document or guidance; and
``(B) if the head of the Program Management Office
delegates responsibilities to another entity under section
5602(c)(2)(B), require the entity to designate a member of the
leadership team for such entity to serve as a research security
point of contact as described in subparagraph (A), with respect
to the delegated responsibilities.
``(c) Open Source.--The head of the Program Management Office shall
establish policies to encourage software developed to administer the
NAIRR, and software developed using resources of the NAIRR, to be open-
source.
``(d) Fee Schedule.--
``(1) In general.--The head of the Program Management
Office may establish a fee schedule for access to the NAIRR.
Access to the NAIRR may only require a fee if the fee is
assessed according to such fee schedule. Such fee schedule--
``(A) may differ by type of eligible user and type
of affiliated entity described in subsection (a);
``(B) shall include a free tier of access based on
available funds and anticipated costs and demand;
``(C) may include cost-based charges for specified
eligible users; and
``(D) shall ensure that the primary purpose of the
NAIRR is to support research.
``(2) Retention and use of funds.--
``(A) Retaining of funds.--Notwithstanding section
3302 of title 31, United States Code, the head of the
Program Management Office may retain fees collected
under this subsection.
``(B) Availability and use of funds.--Amounts
retained under subparagraph (A) shall--
``(i) remain available until expended; and
``(ii) be available to the head of the
Program Management Office, without further
appropriation, for the purposes of this title.
``(e) Advanced Cyberinfrastructure Advisory Committee.--
``(1) In general.--The Director of the National Science
Foundation shall establish an advisory committee to assess, and
make recommendations regarding, the activities of the Office of
Advanced Cyberinfrastructure, including the management of the
NAIRR.
``(2) Members.--The membership requirements for the
committee established under paragraph (1) shall be the same as
the membership requirements described in section 10386(b) of
the Research and Development, Innovation, and Competition Act
(42 U.S.C. 19106(b)).
``(3) Nonapplicability of faca.--Chapter 10 of title 5,
United States Code, shall not apply to the committee
established under paragraph (1).''.
(b) Conforming Amendments.--The table of contents in section 2(b)
of the William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 134 Stat. 3388) is amended by
inserting 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.''.
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