[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4951-S4954]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2616. Mr. HEINRICH (for himself, Mr. Schumer, Mr. Young, Mr. 
Booker, and Mr. Rounds) submitted an amendment intended to be proposed 
by him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title X, add the following:

     Subtitle I--National Artificial Intelligence Research Resource

     SEC. 1096. SHORT TITLE.

       This subtitle may be cited as the ``Creating Resources for 
     Every American To Experiment with Artificial Intelligence Act 
     of 2024'' or the ``CREATE AI Act of 2024''.

     SEC. 1097. FINDINGS.

       Congress finds the following:
       (1) Cutting-edge artificial intelligence research relies on 
     access to computational resources and large datasets.

[[Page S4952]]

       (2) Access to the computational resources and datasets 
     necessary for artificial intelligence research and 
     development is often limited to very large technology 
     companies.
       (3) The lack of access to computational and data resources 
     has resulted in insufficient diversity in the artificial 
     intelligence research and development community.
       (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.
       (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.

     SEC. 1098. 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) Advisory committee.--The term `Advisory Committee' 
     means any Advisory Committee established under section 
     5602(c).
       ``(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)).
       ``(3) Executive agency.--The term `Executive agency' has 
     the meaning given such term in section 105 of title 5, United 
     States Code.
       ``(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).
       ``(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).
       ``(6) Program management office.--The term `Program 
     Management Office' means the Program Management Office 
     established under section 5602(b).
       ``(7) Resource of the nairr.--The term `resource of the 
     NAIRR' means a resource described in section 5603(b).
       ``(8) Select committee on ai.--The term `Select Committee 
     on AI' means the Interagency Committee.
       ``(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 2024, the 
     Director of the National Science Foundation shall establish 
     the National Artificial Intelligence Research Resource to--
       ``(1) spur innovation and advance artificial intelligence 
     research and development;
       ``(2) advance the development of trustworthy artificial 
     intelligence;
       ``(3) improve access to artificial intelligence resources 
     for researchers and students of artificial intelligence, 
     including groups historically underrepresented in STEM;
       ``(4) improve capacity for artificial intelligence research 
     in the United States; and
       ``(5) support the testing, benchmarking, and evaluation of 
     artificial intelligence systems developed and deployed in the 
     United States.
       ``(b) Program Management Office.--
       ``(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.
       ``(2) Staff.--
       ``(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.
       ``(B) Representation.--The staff of the Program Management 
     Office may include representation from other Executive 
     agencies providing support for NAIRR resources.
       ``(3) Duties.--The duties of the Program Management Office 
     shall include--
       ``(A) in consultation with any relevant Advisory Committee 
     as appropriate--
       ``(i) overseeing and approving the operating plan for the 
     NAIRR;
       ``(ii) developing the budget for the NAIRR, in consultation 
     with any relevant Executive agency or office represented on 
     the Select Committee on AI;
       ``(iii) developing the funding opportunity and soliciting 
     bids for the Operating Entity, which will be responsible for 
     operation of the National Artificial Intelligence Research 
     Resource;
       ``(iv) 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;
       ``(v) overseeing compliance with the contractual 
     obligations of the Operating Entity;
       ``(vi) establishing evaluation criteria, including key 
     performance indicators, for the NAIRR;
       ``(vii) overseeing asset allocation and utilization;
       ``(viii) identifying an external independent evaluation 
     entity;
       ``(ix) 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 (iv);
       ``(x) developing funding opportunities for resources of the 
     NAIRR, in consultation with relevant Executive agencies or 
     offices represented on the Select Committee on AI; and
       ``(xi) coordinating resource contributions from 
     participating Federal agencies;
       ``(B) delegating, with appropriate oversight, operational 
     tasks to the Operating Entity, including--
       ``(i) coordinating the provisioning of resources of the 
     NAIRR;
       ``(ii) maintaining a portal and associated services for 
     users to access resources of the NAIRR;
       ``(iii) developing policies and procedures for the NAIRR;
       ``(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;
       ``(v) continually modernizing NAIRR infrastructure;
       ``(vi) annually reviewing and cataloging the performance of 
     the NAIRR (including performance on the key performance 
     indicators established under subparagraph (A)(vi)), the 
     resources of the NAIRR, and the NAIRR governance structure;
       ``(vii) 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;
       ``(viii) facilitating connections to AI testbeds; and
       ``(ix) making educational resources of the NAIRR available 
     to other Executive agencies, and to Congress and agencies in 
     the legislative and judicial branches, for the purpose of 
     educating Federal Government officials and employees about 
     artificial intelligence;
       ``(C) developing an annual report, transmitted to the 
     Director of the Office of Science and Technology Policy, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, and the Committee on Science, Space, and Technology 
     of the House of Representatives and made available to the 
     public, on the progress of the NAIRR that includes--
       ``(i) a summary of the information collected under 
     subparagraph (B)(vi);
       ``(ii) a list of projects that used the NAIRR during the 
     reporting period, including, as appropriate, relevant details 
     about the projects that demonstrate the value to the public 
     provided by the projects; and
       ``(iii) any recommendations for changes to the NAIRR; and
       ``(D) overseeing a periodic independent assessment of the 
     NAIRR.
       ``(c) Advisory Committees.--
       ``(1) Establishment.--The head of the Program 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.
       ``(2) Determination regarding applicability of faca.--The 
     Director of the National Science Foundation may determine 
     that the requirements of chapter 10 of title 5, United States 
     Code, shall not apply with respect to a specific Advisory 
     Committee established under paragraph (1).
       ``(d) Provision of Resources of the NAIRR.--Each Executive 
     agency or office represented on the Select Committee on AI is 
     authorized to provide the Operating Entity with resources of 
     the NAIRR or funding for resources of the NAIRR.

     ``SEC. 5603. RESOURCES OF THE NAIRR.

       ``(a) In General.--The head of the Program Management 
     Office, acting through the Director of the Operating Entity 
     and in consultation with relevant Executive agencies and 
     offices represented on the Select Committee on AI and any 
     relevant Advisory Committee, shall--
       ``(1) coordinate and provision resources of the NAIRR;
       ``(2) establish processes to manage the procurement of new 
     resources of the NAIRR, and intake of in-kind contribution of 
     resources of the NAIRR, from Executive agencies or other 
     entities;
       ``(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

[[Page S4953]]

       ``(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 that--
       ``(A) shall include--
       ``(i) on-premises, cloud-based, hybrid, and emergent 
     resources;
       ``(ii) public cloud providers providing access to popular 
     computational and storage services for NAIRR users;
       ``(iii) a secure unclassified computing environment for 
     projects involving sensitive applications involving 
     personally identifiable information, health data, or other 
     sensitive or high-risk data;
       ``(iv) an open source software environment for the NAIRR; 
     and
       ``(v) an application programming interface providing 
     structured access to artificial intelligence models; and
       ``(B) may include a classified computing environment for 
     national security applications.
       ``(2) Data, including by--
       ``(A)(i) in coordination with the National Institute of 
     Standards and Technology and consistent with the guidance of 
     the National Science and Technology Council titled `Desirable 
     Characteristics of Data Repositories for Federally Funded 
     Data,' dated May 2022, or any successor document, publishing 
     interoperability 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 Technology 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
       ``(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 and high-performance computing testbeds, 
     including by--
       ``(A) in coordination with the National Institute of 
     Standards and Technology, facilitating access to artificial 
     intelligence testbeds through which researchers can measure, 
     benchmark, test, or evaluate engineering or algorithmic 
     developments;
       ``(B) developing a comprehensive catalog of open AI 
     testbeds; and
       ``(C) in coordination with the Department of Energy, and 
     subject to the availability of appropriations, providing 
     access to 1 or more secure testbeds for data, models, tools, 
     and applications related to the reliability, resilience, and 
     security of the electrical grid, with applications including 
     energy forecasting and provisioning (in real time or near-
     real time, such as at an hourly or higher frequency), long-
     term reliability planning, and other areas of power systems 
     analysis.

     ``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 described in this 
     paragraph is an entity that--
       ``(A) is based in the United States; and
       ``(B) is one of the following:
       ``(i) An institution of higher education.
       ``(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)).
       ``(vi) A category of entity that the Director of the 
     National Science Foundation and the Director of the Office of 
     Science and Technology Policy determine shall be eligible.
       ``(vii) A consortium composed of entities described in 
     clauses (i) through (vi).
       ``(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(d)(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, acting through the Director of the 
     Operating Entity, shall establish an application process for 
     eligible users to request access to the NAIRR.
       ``(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 Committee, 
     shall establish requirements, a review process for 
     applications, and a process for auditing 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 trustworthiness of 
     artificial intelligence systems developed using resources of 
     the NAIRR.
       ``(B) Federal statistical data.--Any auditing process 
     required under subparagraph (A) for Federal statistical data 
     included in a resource of the NAIRR shall be completed by the 
     head of a designated statistical agency (as defined 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 consistent with the policies of the 
     Office of Management and Budget policy and relevant policies 
     of other Executive agencies. The head of the Program 
     Management 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 computational resources of 
     the NAIRR, take into consideration the extent to which the 
     access relates to privacy, ethics, civil rights and civil 
     liberties, safety, security, risk mitigation, and 
     trustworthiness 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 resources of the NAIRR is provided 
     to projects whose primary focus 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 exceeds 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 Research Misconduct.--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 mechanisms for an employee 
     of the Operating Entity, an employee of the Program 
     Management Office, a member of an Advisory Committee, 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 scientific research misconduct 
     related to resources of the NAIRR.
       ``(d) System Security and User Access Controls.--The head 
     of the Program Management Office, acting through the Director 
     of the Operating Entity and in consultation with the Director 
     of the Office of Management and Budget, the Director of the 
     National Institute of Standards and Technology, and the 
     Director of the Cybersecurity and Infrastructure Security 
     Agency--
       ``(1) shall establish minimum security requirements for all 
     persons interacting with the NAIRR, consistent with the most 
     recent version of the Cybersecurity Framework, or successor 
     document, maintained by the National Institute of Standards 
     and Technology; and
       ``(2) may establish tiers of security requirements and user 
     access controls beyond the minimum requirements relative to 
     security risks.
       ``(e) Fee Schedule.--
       ``(1) In general.--The head of the Program Management 
     Office, acting through the Director of the Operating Entity, 
     may establish a fee schedule for access to the NAIRR. The 
     Operating Entity may only charge fees in 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 
     appropriated funds and anticipated costs and demand;

[[Page S4954]]

       ``(C) may include cost-based charges for eligible users to 
     purchase resources of the NAIRR beyond the resources included 
     in a free or subsidized tier; 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)--
       ``(i) shall remain available until expended; and
       ``(ii) shall be available to the head of the Program 
     Management Office, without further appropriation, for the 
     purposes of this title.
       ``(f) Research Security.--The head of the Program 
     Management Office, acting through the Director of the 
     Operating Entity, 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, by establishing NAIRR operating principles that 
     emphasize the research integrity principles of openness, 
     reciprocity, and transparency; and
       ``(2) designate a member of the leadership team for the 
     Operating Entity as a research security point of contact with 
     responsibility for overseeing conformance with the National 
     Security Presidential Memorandum-33 and its implementation 
     guidance, or any successor policy document or guidance.
       ``(g) Open Source.--The head of the Program Management 
     Office, acting through the Director of the Operating Entity, 
     shall establish policies to encourage software developed to 
     administer the NAIRR, and software developed using resources 
     of the NAIRR, to be open-source software.''.
       (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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