,i #aaith ,,congress #ast ,session ,h4 ,r4 #bche ,,in ,,the ,,house ,,of ,,representatives ,march #bf1 #bjbe,mr4 ,obernolte 7for himself and ,mr4 ,beyer7 introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology ,a ,,bill ,to establish the ,national ,artificial ,intelligence ,research ,resource1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,creating ,resources for ,every ,american ,to ,experiment with ,artificial ,intelligence ,act of #bjbe or the ,,create ,,ai ,act of #bjbe4 #b4 ,findings ,congress finds the following3 7#a7 ,cutting-edge artificial intelligence research relies on access to computational resources and large datasets4 7#b7 ,access to the computational resources and datasets necessary for artificial intelligence research and development is often limited to very large technology companies4 7#c7 ,the lack of access to computational and data resources has resulted in insufficient diversity in the artificial intelligence research and development community4 7#d7 ,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 ,states4 7#e7 ,the ,national ,artificial ,intelligence ,research ,resource ,task ,force1 authorized under section #eajf of the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja et seq471 recommended the establishment of a ,national ,artificial ,intelligence ,research ,resource in a report entitled ,strengthening and ,democratizing the ,u4,s4 ,artificial ,intelligence ,innovation ,ecosystem3 ,an ,implementation ,plan for a ,national ,artificial ,intelligence ,research ,resource1 issued on ,january #bd1 #bjbc4 #c4 ,national ,artificial ,intelligence ,research ,resource 7a7 ,,nairr steering subcommittee ,section #eajc of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#ae ,u4,s4,c4 #idac7 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,,nairr ,steering ,subcommittee 7#a7 ,definition ,in this subsection1 the terms ,,nairr1 ,national ,artificial ,intelligence ,research ,resource1 ,operating ,entity1 ,program ,management ,office1 and resources of the ,,nairr have the meanings given the terms in section #efja4 7#b7 ,establishment ,there is established within the ,interagency ,committee a ,steering ,subcommittee for the ,national ,artificial ,intelligence ,research ,resource 7referred to in this section as the ,,nairr ,steering ,subcommittee74 7#c7 ,chair and assistant chairs ,the ,,nairr ,steering ,subcommittee shall be chaired by the ,director of the ,office of ,science and ,technology ,policy4 ,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 schedule4 7#d7 ,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-- 7,a7 have substantial expertise2 7,b7 have substantially funded or conducted artificial intelligence research and development2 or 7,c7 have some other significant relationship with the ,,nairr4 7#e7 ,changes to ,,nairr ,steering ,subcommittee composition ,not less frequently than once a year1 the ,director of the ,office of ,science and ,technology ,policy shall review the composition of the ,,nairr ,steering ,subcommittee and update such composition1 which may include adding or removing members from the ,,nairr ,steering ,subcommittee1 if necessary4 7#f7 ,subcommittees and working groups ,the ,,nairr ,steering ,subcommittee may establish subcommittees1 working groups1 or other permanent or temporary bodies of certain members of the ,,nairr ,steering ,subcommittee4 7#g7 ,duties ,the ,,nairr ,steering ,subcommittee shall-- 7,a7 coordinate with the ,national ,science ,foundation and the ,program ,management ,office to-- 7i7 oversee and approve the operating plan for the ,,nairr2 7ii7 review the budget for the ,,nairr2 7iii7 develop and release a request for proposals to solicit bids for the ,operating ,entity1 including establishing the terms and conditions and functions of the ,operating ,entity2 and 7iv7 develop and release funding opportunities for resources of the ,,nairr2 7,b7 work with the ,program ,management ,office to establish criteria for the ,operating ,entity1 review candidates1 and select an entity to act as the ,operating ,entity2 7,c7 identify resources that could be federated1 participate in resource provider selection and funding1 and provide direction to the ,operating ,entity about resource allocation and how those resources should be made accessible via the ,,nairr2 7,d7 define key performance indicators for the ,,nairr1 in conjunction with the ,program ,management ,office and any relevant ,advisory ,committees established under section #efjb7;c72 7,e7 evaluate ,,nairr performance against the key performance indicators defined under subparagraph 7,d7 on a periodic basis and not less frequently than once every year2 7,f7 develop an annual report1 transmitted to the ,director of the ,office of ,science and ,technology ,policy and publicly released1 on the progress of the ,national ,artificial ,intelligence ,research ,resource that includes-- 7i7 a summary of the results of the evaluation conducted under subparagraph 7,e72 and 7ii7 any recommendations for changes to the ,,nairr2 and 7,g7 oversee a periodic independent assessment of the ,,nairr4 7#h7 ,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 ,,nairr4 4 7b7 ,in general ,the ,national ,artificial ,intelligence ,initiative ,act of #bjbj 7#ae ,u4,s4,c4 #idja et seq47 is amended by adding at the end the following3 ,,lvi ,national ,artificial ,intelligence ,research ,resource ,sec4 #efja4 ,definitions4 ,sec4 #efjb4 ,establishment2 governance4 ,sec4 #efjc4 ,resources of the ,,nairr4 ,sec4 #efjd4 ,,nairr processes and procedures4 ,sec4 #efje4 ,,nairr funding4 #efja4 ,definitions ,in this title3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means any ,advisory ,committee established under section #efjb7;c74 7#b7 ,,ai testbed ,the term ,,ai testbed means a testbed described in section #bb;,a7g7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;h-#a7;g774 7#c7 ,executive agency ,the term ,executive agency has the meaning given such term in section #aje of title #e1 ,united ,states ,code4 7#d7 ,national ,artificial ,intelligence ,research ,resource2 ,,nairr ,the terms ,national ,artificial ,intelligence ,research ,resource and ,,nairr have the meaning given the term ,national ,artificial ,intelligence ,research ,resource in section #efja7;g74 7#e7 ,operating ,entity ,the term ,operating ,entity means the ,operating ,entity selected by the ,program ,management ,office as described in section #efjb7;b77#c77;,a74 7#f7 ,program ,management ,office ,the term ,program ,management ,office means the ,program ,management ,office established under section #efjb7;b74 7#g7 ,resource of the ,,nairr ,the term resource of the ,,nairr means a resource described in section #efjc7;b74 7#h7 ,,nairr ,steering ,subcommittee ,the term ,,nairr ,steering ,subcommittee means the ,,nairr ,steering ,subcommittee established under section #eajc7;e74 7#i7 ,,stem ,the term ,,stem means science1 technology1 engineering1 and mathematics1 including computer science4 #efjb4 ,establishment2 governance 7a7 ,establishment ,not later than one year after the date of the enactment of the ,creating ,resources for ,every ,american ,to ,experiment with ,artificial ,intelligence ,act of #bjbe1 the ,director of the ,national ,science ,foundation1 in coordination with the ,,nairr ,steering ,subcommittee1 shall establish the ,national ,artificial ,intelligence ,research ,resource to-- 7#a7 spur innovation and advance the development of artificial intelligence to stimulate cutting-edge research and propel the strategic development of artificial intelligence capabilities2 7#b7 improve access to artificial intelligence resources for researchers and students of artificial intelligence2 7#c7 improve capacity for artificial intelligence research in the ,united ,states2 and 7#d7 support the testing1 benchmarking1 and evaluation of artificial intelligence systems developed and deployed in the ,united ,states4 7b7 ,program ,management ,office 7#a7 ,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 ,office4 7#b7 ,staff 7,a7 ,in general ,the head of the ,program ,management ,office may identify staff and direct all employees of the ,program ,management ,office1 in accordance with the applicable provisions of title #e1 ,united ,states ,code4 7,b7 ,representation and requirements ,the staff of the ,program ,management ,office-- 7i7 may include representation from other ,federal agencies providing support for ,,nairr resources2 and 7ii7 shall include not fewer than three full-time employees4 7#c7 ,duties ,the duties of the ,program ,management ,office shall include-- 7,a7 in coordination with the ,,nairr ,steering ,subcommittee and any relevant ,advisory ,committee as appropriate-- 7i7 developing the funding opportunity and soliciting bids for the ,operating ,entity1 which will be responsible for operation of the ,national ,artificial ,intelligence ,research ,resource2 7ii7 selecting1 through a competitive and transparent process1 a nongovernmental organization1 which may be an independent legal entity or a consortium of #a or more partners 7which may include federally funded research and development centers71 to be designated the ,operating ,entity2 7iii7 overseeing compliance with the contractual obligations of the ,operating ,entity2 7iv7 establishing evaluation criteria for the ,,nairr2 7v7 overseeing asset allocation and utilization2 7vi7 identifying an external independent evaluation entity2 7vii7 assessing the performance of the ,operating ,entity on not less than an annual basis and1 if such performance is unsatisfactory1 ending the agreement with such ,operating ,entity and selecting a new ,operating ,entity in accordance with clause 7ii72 7viii7 developing multi-agency funding opportunities for the selection of ,,nairr resources2 and 7ix7 coordinating resource contributions from participating ,federal agencies2 and 7,b7 delegating1 with appropriate oversight1 operational tasks to the ,operating ,entity1 including-- 7i7 coordinating the provisioning of resources of the ,,nairr2 7ii7 maintaining a portal and associated services for users to access resources of the ,,nairr2 7iii7 developing policies and procedures for the ,,nairr2 7iv7 hiring and managing a staff 7including experts in cyber infrastructure management1 data science1 research design1 privacy1 ethics1 and legal and policy matters7 to support the operations of the ,,nairr2 7v7 continually modernizing ,,nairr infrastructure2 7vi7 recommending key performance indicators for the ,,nairr1 in coordination with the ,,nairr ,steering ,subcommittee and any relevant ,advisory ,committee2 7vii7 publishing publicly available annual reports reviewing the performance of the ,,nairr1 the resources of the ,,nairr1 and the ,,nairr governance structures2 7viii7 establishing and administering training to new users on accessing a resource of the ,,nairr1 research design1 and issues related to privacy1 ethics1 safety1 and trustworthiness of artificial intelligence systems2 7ix7 facilitating connections to ,,ai testbeds2 and 7x7 making educational resources of the ,,nairr available to other ,federal agencies1 and to ,congress1 for the purpose of educating ,federal ,government officials and employees about artificial intelligence4 7c7 ,advisory ,committees ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity1 shall establish ,advisory ,committees to provide advice to the ,operating ,entity and the ,program ,management ,office4 ,any such ,advisory ,committees shall be comprised of members from government agencies1 the private sector1 academia1 and public interest groups4 ,chapter #aj of title #e1 ,united ,states ,code1 shall not apply to any such ,advisory ,committee4 #efjc4 ,resources of the ,,nairr 7a7 ,in general ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity and in coordination with the ,,nairr ,steering ,subcommittee and any relevant ,advisory ,committee1 shall-- 7#a7 coordinate and provision resources of the ,,nairr2 7#b7 establish processes to manage the procurement of new resources of the ,,nairr1 and intake of in-kind contribution of resources of the ,,nairr1 from ,federal agencies or other entities2 7#c7 establish policies on and review resources of the ,,nairr for concerns related to ethics and privacy2 7#d7 retire resources of the ,,nairr no longer available or needed2 and 7#e7 publicly report a summary of categories of available resources of the ,,nairr1 categories of sources of such resources of the ,,nairr1 and issues related to resources of the ,,nairr4 7b7 ,resources of the ,,nairr ,the ,,nairr shall offer resources that include1 at a minimum1 all of the following1 subject to the availability of appropriations3 7#a7 ,a mix of computational resources1 including-- 7,a7 on-premises1 cloud-based1 hybrid1 and emergent resources2 7,b7 public cloud providers providing access to popular computational and storage services for ,,nairr users2 7,c7 an open source software environment for the ,,nairr2 7,d7 an application programming interface providing structured access to artificial intelligence models2 and 7,e7 other types of computational resources4 7#b7 ,data1 including by-- 7,a7 7i7 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 ,data1 dated ,may #bjbb1 or any successor document1 publishing interoperability standards for data repositories based on the data sharing and documentation standards and guidelines produced under section #bb;,a of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;h-#a72 and 7ii7 selecting and developing1 through a competitive bidding process1 data repositories to be available to ,,nairr users2 7,b7 establishing acceptable criteria for datasets used as resources of the ,,nairr2 7,c7 identifying and providing access to existing curated datasets of value and interest to the ,,nairr user community2 7,d7 establishing an artificial intelligence open data commons to facilitate community sharing and curation of data1 code1 and models2 7,e7 coordinating with the ,interagency ,council on ,statistical ,policy to explore options to make ,federal statistical data available to ,,nairr users1 including through the standard application process established under section #cehc7;a7 of title #dd1 ,united ,states ,code2 and 7,f7 other types of computational resources4 7#c7 ,educational tools and services1 including by-- 7,a7 facilitating and curating educational and training materials2 7,b7 providing technical training and user support2 and 7,c7 providing targeted outreach and programming strategies to increase participation in ,,stem fields4 7#d7 ,,ai testbeds1 including by-- 7,a7 in coordination with the ,national ,institute of ,standards and ,technology1 facilitating access to artificial intelligence testbeds through which researchers can measure1 benchmark1 test1 or evaluate engineering or algorithmic developments2 and 7,b7 developing a comprehensive catalog of open ,,ai testbeds4 #efjd4 ,,nairr processes and procedures 7a7 ,user eligibility 7#a7 ,eligible users ,subject to paragraph 7#c71 the following users shall be eligible for access to the ,,nairr3 7,a7 ,a researcher1 educator1 or student based in the ,united ,states that is affiliated with an entity described in paragraph 7#b74 7,b7 ,an employee of an entity described in clause 7iii7 or 7iv7 of paragraph 7#b77;,b7 with a demonstrable mission-need4 7#b7 ,entities described ,an entity described in this paragraph is an entity that satisfies the following3 7,a7 ,is based in the ,united ,states4 7,b7 ,is one of the following3 7i7 ,an institution of higher education4 7ii7 ,a nonprofit institution 7as such term is defined in section #d of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgjc774 7iii7 ,an ,executive agency4 7iv7 ,a federally funded research and development center4 7v7 ,a small business concern 7as such term is defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb71 notwithstanding section #aba4ajc of title #ac1 ,code of ,federal ,regulations7 that has received funding from an ,executive agency1 including through the ,small ,business ,innovation ,research ,program or the ,small ,business ,technology ,transfer ,program 7as described in section #i of the ,small ,business ,act 7#ae ,u4,s4,c4 #fch774 7vi7 ,a category of entity that the ,director of the ,national ,science ,foundation and the ,director of the ,office of ,science and ,technology ,policy1 after consultation with the ,,nairr ,steering ,subcommittee and any relevant ,advisory ,committee1 determine shall be eligible4 7vii7 ,a consortium composed of entities described in clauses 7i7 through 7vi74 7#c7 ,excluded entities 7,a7 ,in general ,no individual is authorized to be an eligible user under paragraph 7#a7 if the individual is employed by a foreign country that is listed in section #dhgb7;d77#b7 of title #aj1 ,united ,states ,code1 or is otherwise authorized by such country to act for or on its behalf4 7,b7 ,enforcement ,the ,director of the ,national ,science ,foundation shall ensure that individuals authorized as eligible users meet the requirements of subparagraph 7,a74 7b7 ,privacy1 ethics1 civil rights and civil liberties1 safety1 and trustworthiness 7#a7 ,in general 7,a7 ,requirements ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity and in consultation with any relevant ,advisory ,committee1 shall establish requirements1 a review process for applications1 and a process for auditing resources of the ,,nairr and research conducted using resources of the ,,nairr on matters related to privacy1 ethics1 safety1 security1 and trustworthiness of artificial intelligence systems developed using resources of the ,,nairr4 7,b7 ,federal statistical data ,any auditing process required under subparagraph 7,a7 for ,federal statistical data included in a resource of the ,,nairr shall be completed by the head of a designated statistical agency 7as defined in section #cegf7;e7 of title #dd1 ,united ,states ,code71 in coordination with the ,chief ,statistician of the ,united ,states1 consistent with relevant law4 7#b7 ,consistency ,the head of the ,program ,management ,office shall ensure the requirements and processes described in paragraph 7#a7 are consistent with the policies of the ,office of ,management and ,budget policy and relevant policies of other ,executive agencies4 ,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 regulations4 7#c7 ,availability ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity1 shall-- 7,a7 when determining access to computational resources of the ,,nairr1 take into consideration the extent to which the access relates to privacy1 ethics1 safety1 security1 risk mitigation1 and trustworthiness of artificial intelligence systems1 or other topics that demonstrate that a project is in the public interest2 7,b7 ensure that a significant percentage of the annual allotment of computational resources of the ,,nairr is provided to projects the primary focus of which is related to any of the topics described in subparagraph 7,a72 and 7,c7 to the extent that demand for access to computational resources of the ,,nairr exceeds availability1 consider1 on a priority basis1 projects focusing on any of the topics described in subparagraph 7,a7 when ranking applications for such access4 7c7 ,scientific integrity 7#a7 ,in general ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity and in consultation with any relevant ,advisory ,committee1 shall develop guidance for-- 7,a7 addressing concerns related to matters of scientific integrity1 including matters related to the effects or impacts of research and potential research enabled by the ,,nairr2 and 7,b7 mechanisms for an employee of the ,operating ,entity1 an employee of the ,program ,management ,office1 a member of the ,,nairr ,steering ,subcommittee or an ,advisory ,committee1 a researcher or student affiliated with a ,,nairr user described in subsection 7a77#a71 an employee of a provider of a resource of the ,,nairr1 an employee of a ,,nairr funding agency1 or a member of the public to report violations of the guidance developed under this paragraph1 including by confidential and anonymous means4 7#b7 ,consistency with government policies on scientific integrity ,the guidance developed under paragraph 7#a77;,a7 shall be published in a publicly accessible location on the website of the ,,nairr4 ,such policies shall1 to the degree practicable1 be consistent with-- 7,a7 the ,presidential memorandum entitled ,restoring ,trust in ,government ,through ,scientific ,integrity and ,evidence-,based ,policymaking1 dated ,january #bg1 #bjba1 or successor document2 and 7,b7 reports produced pursuant to such ,presidential memorandum 7including the reports entitled ,protecting the ,integrity of ,government ,science1 dated ,january #bjbb1 and ,a ,framework for ,federal ,scientific ,integrity ,policy and ,practice1 dated ,january #bjbc1 published by the ,national ,science and ,technology ,council1 or successor documents74 7d7 ,system security and user access controls ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity and in consultation with the ,,nairr ,steering ,subcommittee1 the ,director of the ,office of ,management and ,budget1 the ,director of the ,national ,institute of ,standards and ,technology1 and the ,director of the ,cybersecurity and ,infrastructure ,security ,agency-- 7#a7 shall establish minimum security requirements for all persons interacting with the ,,nairr1 consistent with the most recent version of the ,cybersecurity ,framework1 or successor document1 maintained by the ,national ,institute of ,standards and ,technology2 and 7#b7 may establish tiers of security requirements and user access controls beyond the minimum requirements relative to security risks4 7e7 ,fee schedule ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity1 may establish a fee schedule for access to the ,,nairr4 ,fees charged under this subsection may be retained and used for the purposes of this title4 ,the ,operating ,entity may only charge fees in such fee schedule4 ,such fee schedule-- 7#a7 may differ by type of eligible user and type of affiliated entity described in subsection 7a72 7#b7 shall include a free tier of access based on appropriated funds and anticipated costs and demand2 7#c7 may include cost-based charges for eligible users to purchase resources of the ,,nairr beyond the resources included in a free or subsidized tier2 and 7#d7 shall ensure that the primary purpose of the ,,nairr is to support research4 7f7 ,research security ,the head of the ,program ,management ,office1 acting through the ,director of the ,operating ,entity and in consultation with the ,,nairr ,steering ,subcommittee and the ,director of the ,office of ,science and ,technology ,policy1 shall-- 7#a7 ensure conformance with the requirements of ,national ,security ,presidential ,memorandum-#cc 7relating to supported research and development national policy71 issued ,january #bjba1 and its implementation guidance on research security and research integrity1 or any successor policy document or guidance1 by establishing ,,nairr operating principles that emphasize the research integrity principles of openness1 reciprocity1 and transparency2 and 7#b7 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-#cc and its implementation guidance1 or any successor policy document or guidance4 #efje4 ,,nairr funding ,to carry out this title1 to the maximum extent practicable1 the ,,nairr is authorized to accept and use donations of cash1 services1 and personal property from the private sector4 4 7c7 ,conforming amendments ,the table of contents in section #b7;b7 of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #acd ,stat4 #cchh7 is amended by inserting after the items relating to title ,,lv the following3 ,title ,,lvi--,national ,artificial ,intelligence ,research ,resource ,sec4 #efja4 ,definitions4 ,sec4 #efjb4 ,establishment2 governance4 ,sec4 #efjc4 ,resources of the ,,nairr4 ,sec4 #efjd4 ,,nairr processes and procedures4,sec4 #efje4 ,,nairr funding4 4