I 119THCONGRESS 1 STSESSION H. R. 2385 To establish the National Artificial Intelligence Research Resource, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH26, 2025 Mr. O BERNOLTE(for himself and Mr. BEYER) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To establish the National Artificial Intelligence Research Resource, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Creating Resources 4 for Every American To Experiment with Artificial Intel-5 ligence Act of 2025’’ or the ‘‘CREATE AI Act of 2025’’. 6 SEC. 2. FINDINGS. 7 Congress finds the following: 8 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 2385 IH (1) Cutting-edge artificial intelligence research 1 relies on access to computational resources and large 2 datasets. 3 (2) Access to the computational resources and 4 datasets necessary for artificial intelligence research 5 and development is often limited to very large tech-6 nology companies. 7 (3) The lack of access to computational and 8 data resources has resulted in insufficient diversity 9 in the artificial intelligence research and develop-10 ment community. 11 (4) Engaging the full and diverse talent of the 12 United States is critical for maintaining United 13 States leadership in artificial intelligence and ensur-14 ing that artificial intelligence is developed in a man-15 ner that benefits all people of the United States. 16 (5) The National Artificial Intelligence Re-17 search Resource Task Force, authorized under sec-18 tion 5106 of the National Artificial Intelligence Ini-19 tiative Act of 2020 (15 U.S.C. 9401 et seq.), rec-20 ommended the establishment of a National Artificial 21 Intelligence Research Resource in a report entitled 22 ‘‘Strengthening and Democratizing the U.S. Artifi-23 cial Intelligence Innovation Ecosystem: An Imple-24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 2385 IH mentation Plan for a National Artificial Intelligence 1 Research Resource’’, issued on January 24, 2023. 2 SEC. 3. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH 3 RESOURCE. 4 (a) NAIRR S TEERINGSUBCOMMITTEE.—Section 5 5103 of the William M. (Mac) Thornberry National De-6 fense Authorization Act for Fiscal Year 2021 (15 U.S.C. 7 9413) is amended— 8 (1) by redesignating subsection (e) as sub-9 section (f); and 10 (2) by inserting after subsection (d) the fol-11 lowing: 12 ‘‘(e) NAIRR S TEERINGSUBCOMMITTEE.— 13 ‘‘(1) D EFINITION.—In this subsection, the 14 terms ‘NAIRR’, ‘National Artificial Intelligence Re-15 search Resource’, ‘Operating Entity’, ‘Program 16 Management Office’, and ‘resources of the NAIRR’ 17 have the meanings given the terms in section 5601. 18 ‘‘(2) E STABLISHMENT.—There is established 19 within the Interagency Committee a Steering Sub-20 committee for the National Artificial Intelligence Re-21 search Resource (referred to in this section as the 22 ‘NAIRR Steering Subcommittee’). 23 ‘‘(3) C HAIR AND ASSISTANT CHAIRS .—The 24 NAIRR Steering Subcommittee shall be chaired by 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 2385 IH the Director of the Office of Science and Technology 1 Policy. The Director of the Office of Science and 2 Technology Policy may establish assistant chairs of 3 the NAIRR Steering Subcommittee based on mem-4 bers of the NAIRR Steering Subcommittee rotating 5 into the assistant chair positions on a predetermined 6 schedule. 7 ‘‘(4) M EMBERSHIP.—The Director of the Office 8 of Science and Technology Policy shall select mem-9 bers of the Interagency Committee to serve on the 10 NAIRR Steering Subcommittee that the Director de-11 termines— 12 ‘‘(A) have substantial expertise; 13 ‘‘(B) have substantially funded or con-14 ducted artificial intelligence research and devel-15 opment; or 16 ‘‘(C) have some other significant relation-17 ship with the NAIRR. 18 ‘‘(5) C HANGES TO NAIRR STEERING SUB -19 COMMITTEE COMPOSITION .—Not less frequently 20 than once a year, the Director of the Office of 21 Science and Technology Policy shall review the com-22 position of the NAIRR Steering Subcommittee and 23 update such composition, which may include adding 24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 2385 IH or removing members from the NAIRR Steering 1 Subcommittee, if necessary. 2 ‘‘(6) S UBCOMMITTEES AND WORKING 3 GROUPS.—The NAIRR Steering Subcommittee may 4 establish subcommittees, working groups, or other 5 permanent or temporary bodies of certain members 6 of the NAIRR Steering Subcommittee. 7 ‘‘(7) D UTIES.—The NAIRR Steering Sub-8 committee shall— 9 ‘‘(A) coordinate with the National Science 10 Foundation and the Program Management Of-11 fice to— 12 ‘‘(i) oversee and approve the operating 13 plan for the NAIRR; 14 ‘‘(ii) review the budget for the 15 NAIRR; 16 ‘‘(iii) develop and release a request for 17 proposals to solicit bids for the Operating 18 Entity, including establishing the terms 19 and conditions and functions of the Oper-20 ating Entity; and 21 ‘‘(iv) develop and release funding op-22 portunities for resources of the NAIRR; 23 ‘‘(B) work with the Program Management 24 Office to establish criteria for the Operating 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 2385 IH Entity, review candidates, and select an entity 1 to act as the Operating Entity; 2 ‘‘(C) identify resources that could be fed-3 erated, participate in resource provider selection 4 and funding, and provide direction to the Oper-5 ating Entity about resource allocation and how 6 those resources should be made accessible via 7 the NAIRR; 8 ‘‘(D) define key performance indicators for 9 the NAIRR, in conjunction with the Program 10 Management Office and any relevant Advisory 11 Committees established under section 5602(c); 12 ‘‘(E) evaluate NAIRR performance against 13 the key performance indicators defined under 14 subparagraph (D) on a periodic basis and not 15 less frequently than once every year; 16 ‘‘(F) develop an annual report, transmitted 17 to the Director of the Office of Science and 18 Technology Policy and publicly released, on the 19 progress of the National Artificial Intelligence 20 Research Resource that includes— 21 ‘‘(i) a summary of the results of the 22 evaluation conducted under subparagraph 23 (E); and 24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 2385 IH ‘‘(ii) any recommendations for 1 changes to the NAIRR; and 2 ‘‘(G) oversee a periodic independent assess-3 ment of the NAIRR. 4 ‘‘(8) P ROVISION OF RESOURCES OF THE 5 NAIRR.—Each agency comprising the NAIRR Steer-6 ing Subcommittee is authorized to provide the Oper-7 ating Entity with resources of the NAIRR or fund-8 ing for resources of the NAIRR.’’. 9 (b) I NGENERAL.—The National Artificial Intel-10 ligence Initiative Act of 2020 (15 U.S.C. 9401 et seq.) 11 is amended by adding at the end the following: 12 ‘‘TITLE LVI—NATIONAL ARTIFI-13 CIAL INTELLIGENCE RE-14 SEARCH RESOURCE 15 ‘‘Sec. 5601. Definitions. ‘‘Sec. 5602. Establishment; governance. ‘‘Sec. 5603. Resources of the NAIRR. ‘‘Sec. 5604. NAIRR processes and procedures. ‘‘Sec. 5605. NAIRR funding. ‘‘SEC. 5601. DEFINITIONS. 16 ‘‘In this title: 17 ‘‘(1) A DVISORY COMMITTEE .—The term ‘Advi-18 sory Committee’ means any Advisory Committee es-19 tablished under section 5602(c). 20 ‘‘(2) AI TESTBED.—The term ‘AI testbed’ 21 means a testbed described in section 22A(g) of the 22 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 2385 IH National Institute of Standards and Technology Act 1 (15 U.S.C. 278h–1(g)). 2 ‘‘(3) E XECUTIVE AGENCY.—The term ‘Execu-3 tive agency’ has the meaning given such term in sec-4 tion 105 of title 5, United States Code. 5 ‘‘(4) N ATIONAL ARTIFICIAL INTELLIGENCE RE -6 SEARCH RESOURCE ; NAIRR.—The terms ‘National 7 Artificial Intelligence Research Resource’ and 8 ‘NAIRR’ have the meaning given the term ‘National 9 Artificial Intelligence Research Resource’ in section 10 5601(g). 11 ‘‘(5) O PERATING ENTITY.—The term ‘Oper-12 ating Entity’ means the Operating Entity selected 13 by the Program Management Office as described in 14 section 5602(b)(3)(A). 15 ‘‘(6) P ROGRAM MANAGEMENT OFFICE .—The 16 term ‘Program Management Office’ means the Pro-17 gram Management Office established under section 18 5602(b). 19 ‘‘(7) R ESOURCE OF THE NAIRR .—The term ‘re-20 source of the NAIRR’ means a resource described in 21 section 5603(b). 22 ‘‘(8) NAIRR STEERING SUBCOMMITTEE .—The 23 term ‘NAIRR Steering Subcommittee’ means the 24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 2385 IH NAIRR Steering Subcommittee established under 1 section 5103(e). 2 ‘‘(9) STEM.—The term ‘STEM’ means science, 3 technology, engineering, and mathematics, including 4 computer science. 5 ‘‘SEC. 5602. ESTABLISHMENT; GOVERNANCE. 6 ‘‘(a) E STABLISHMENT.—Not later than one year 7 after the date of the enactment of the Creating Resources 8 for Every American To Experiment with Artificial Intel-9 ligence Act of 2025, the Director of the National Science 10 Foundation, in coordination with the NAIRR Steering 11 Subcommittee, shall establish the National Artificial Intel-12 ligence Research Resource to— 13 ‘‘(1) spur innovation and advance the develop-14 ment of artificial intelligence to stimulate cutting- 15 edge research and propel the strategic development 16 of artificial intelligence capabilities; 17 ‘‘(2) improve access to artificial intelligence re-18 sources for researchers and students of artificial in-19 telligence; 20 ‘‘(3) improve capacity for artificial intelligence 21 research in the United States; and 22 ‘‘(4) support the testing, benchmarking, and 23 evaluation of artificial intelligence systems developed 24 and deployed in the United States. 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 2385 IH ‘‘(b) PROGRAMMANAGEMENTOFFICE.— 1 ‘‘(1) E STABLISHMENT.—The Director of the 2 National Science Foundation shall establish within 3 the National Science Foundation a Program Man-4 agement Office to oversee the day-to-day functions 5 of the NAIRR and shall appoint an individual to 6 head the Program Management Office. 7 ‘‘(2) S TAFF.— 8 ‘‘(A) I N GENERAL.—The head of the Pro-9 gram Management Office may identify staff 10 and direct all employees of the Program Man-11 agement Office, in accordance with the applica-12 ble provisions of title 5, United States Code. 13 ‘‘(B) R EPRESENTATION AND REQUIRE -14 MENTS.—The staff of the Program Manage-15 ment Office— 16 ‘‘(i) may include representation from 17 other Federal agencies providing support 18 for NAIRR resources; and 19 ‘‘(ii) shall include not fewer than 20 three full-time employees. 21 ‘‘(3) D UTIES.—The duties of the Program 22 Management Office shall include— 23 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 2385 IH ‘‘(A) in coordination with the NAIRR 1 Steering Subcommittee and any relevant Advi-2 sory Committee as appropriate— 3 ‘‘(i) developing the funding oppor-4 tunity and soliciting bids for the Operating 5 Entity, which will be responsible for oper-6 ation of the National Artificial Intelligence 7 Research Resource; 8 ‘‘(ii) selecting, through a competitive 9 and transparent process, a nongovern-10 mental organization, which may be an 11 independent legal entity or a consortium of 12 1 or more partners (which may include 13 federally funded research and development 14 centers), to be designated the Operating 15 Entity; 16 ‘‘(iii) overseeing compliance with the 17 contractual obligations of the Operating 18 Entity; 19 ‘‘(iv) establishing evaluation criteria 20 for the NAIRR; 21 ‘‘(v) overseeing asset allocation and 22 utilization; 23 ‘‘(vi) identifying an external inde-24 pendent evaluation entity; 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 12 •HR 2385 IH ‘‘(vii) assessing the performance of 1 the Operating Entity on not less than an 2 annual basis and, if such performance is 3 unsatisfactory, ending the agreement with 4 such Operating Entity and selecting a new 5 Operating Entity in accordance with clause 6 (ii); 7 ‘‘(viii) developing multi-agency fund-8 ing opportunities for the selection of 9 NAIRR resources; and 10 ‘‘(ix) coordinating resource contribu-11 tions from participating Federal agencies; 12 and 13 ‘‘(B) delegating, with appropriate over-14 sight, operational tasks to the Operating Enti-15 ty, including— 16 ‘‘(i) coordinating the provisioning of 17 resources of the NAIRR; 18 ‘‘(ii) maintaining a portal and associ-19 ated services for users to access resources 20 of the NAIRR; 21 ‘‘(iii) developing policies and proce-22 dures for the NAIRR; 23 ‘‘(iv) hiring and managing a staff (in-24 cluding experts in cyber infrastructure 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 13 •HR 2385 IH management, data science, research de-1 sign, privacy, ethics, and legal and policy 2 matters) to support the operations of the 3 NAIRR; 4 ‘‘(v) continually modernizing NAIRR 5 infrastructure; 6 ‘‘(vi) recommending key performance 7 indicators for the NAIRR, in coordination 8 with the NAIRR Steering Subcommittee 9 and any relevant Advisory Committee; 10 ‘‘(vii) publishing publicly available an-11 nual reports reviewing the performance of 12 the NAIRR, the resources of the NAIRR, 13 and the NAIRR governance structures; 14 ‘‘(viii) establishing and administering 15 training to new users on accessing a re-16 source of the NAIRR, research design, and 17 issues related to privacy, ethics, safety, and 18 trustworthiness of artificial intelligence 19 systems; 20 ‘‘(ix) facilitating connections to AI 21 testbeds; and 22 ‘‘(x) making educational resources of 23 the NAIRR available to other Federal 24 agencies, and to Congress, for the purpose 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 14 •HR 2385 IH of educating Federal Government officials 1 and employees about artificial intelligence. 2 ‘‘(c) A DVISORYCOMMITTEES.—The head of the Pro-3 gram Management Office, acting through the Director of 4 the Operating Entity, shall establish Advisory Committees 5 to provide advice to the Operating Entity and the Program 6 Management Office. Any such Advisory Committees shall 7 be comprised of members from government agencies, the 8 private sector, academia, and public interest groups. 9 Chapter 10 of title 5, United States Code, shall not apply 10 to any such Advisory Committee. 11 ‘‘SEC. 5603. RESOURCES OF THE NAIRR. 12 ‘‘(a) I NGENERAL.—The head of the Program Man-13 agement Office, acting through the Director of the Oper-14 ating Entity and in coordination with the NAIRR Steering 15 Subcommittee and any relevant Advisory Committee, 16 shall— 17 ‘‘(1) coordinate and provision resources of the 18 NAIRR; 19 ‘‘(2) establish processes to manage the procure-20 ment of new resources of the NAIRR, and intake of 21 in-kind contribution of resources of the NAIRR, 22 from Federal agencies or other entities; 23 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 15 •HR 2385 IH ‘‘(3) establish policies on and review resources 1 of the NAIRR for concerns related to ethics and pri-2 vacy; 3 ‘‘(4) retire resources of the NAIRR no longer 4 available or needed; and 5 ‘‘(5) publicly report a summary of categories of 6 available resources of the NAIRR, categories of 7 sources of such resources of the NAIRR, and issues 8 related to resources of the NAIRR. 9 ‘‘(b) R ESOURCES OF THE NAIRR.—The NAIRR 10 shall offer resources that include, at a minimum, all of 11 the following, subject to the availability of appropriations: 12 ‘‘(1) A mix of computational resources, includ-13 ing— 14 ‘‘(A) on-premises, cloud-based, hybrid, and 15 emergent resources; 16 ‘‘(B) public cloud providers providing ac-17 cess to popular computational and storage serv-18 ices for NAIRR users; 19 ‘‘(C) an open source software environment 20 for the NAIRR; 21 ‘‘(D) an application programming interface 22 providing structured access to artificial intel-23 ligence models; and 24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 16 •HR 2385 IH ‘‘(E) other types of computational re-1 sources. 2 ‘‘(2) Data, including by— 3 ‘‘(A)(i) in coordination with the National 4 Institute of Standards and Technology and con-5 sistent with the guidance of the National 6 Science and Technology Council titled ‘Desir-7 able Characteristics of Data Repositories for 8 Federally Funded Data,’ dated May 2022, or 9 any successor document, publishing interoper-10 ability standards for data repositories based on 11 the data sharing and documentation standards 12 and guidelines produced under section 22A of 13 the National Institute of Standards and Tech-14 nology Act (15 U.S.C. 278h–1); and 15 ‘‘(ii) selecting and developing, through a 16 competitive bidding process, data repositories to 17 be available to NAIRR users; 18 ‘‘(B) establishing acceptable criteria for 19 datasets used as resources of the NAIRR; 20 ‘‘(C) identifying and providing access to 21 existing curated datasets of value and interest 22 to the NAIRR user community; 23 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 17 •HR 2385 IH ‘‘(D) establishing an artificial intelligence 1 open data commons to facilitate community 2 sharing and curation of data, code, and models; 3 ‘‘(E) coordinating with the Interagency 4 Council on Statistical Policy to explore options 5 to make Federal statistical data available to 6 NAIRR users, including through the standard 7 application process established under section 8 3583(a) of title 44, United States Code; and 9 ‘‘(F) other types of computational re-10 sources. 11 ‘‘(3) Educational tools and services, including 12 by— 13 ‘‘(A) facilitating and curating educational 14 and training materials; 15 ‘‘(B) providing technical training and user 16 support; and 17 ‘‘(C) providing targeted outreach and pro-18 gramming strategies to increase participation in 19 STEM fields. 20 ‘‘(4) AI testbeds, including by— 21 ‘‘(A) in coordination with the National In-22 stitute of Standards and Technology, facili-23 tating access to artificial intelligence testbeds 24 through which researchers can measure, bench-25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 18 •HR 2385 IH mark, test, or evaluate engineering or algo-1 rithmic developments; and 2 ‘‘(B) developing a comprehensive catalog of 3 open AI testbeds. 4 ‘‘SEC. 5604. NAIRR PROCESSES AND PROCEDURES. 5 ‘‘(a) U SERELIGIBILITY.— 6 ‘‘(1) E LIGIBLE USERS.—Subject to paragraph 7 (3), the following users shall be eligible for access to 8 the NAIRR: 9 ‘‘(A) A researcher, educator, or student 10 based in the United States that is affiliated 11 with an entity described in paragraph (2). 12 ‘‘(B) An employee of an entity described in 13 clause (iii) or (iv) of paragraph (2)(B) with a 14 demonstrable mission-need. 15 ‘‘(2) E NTITIES DESCRIBED .—An entity de-16 scribed in this paragraph is an entity that satisfies 17 the following: 18 ‘‘(A) Is based in the United States. 19 ‘‘(B) Is one of the following: 20 ‘‘(i) An institution of higher edu-21 cation. 22 ‘‘(ii) A nonprofit institution (as such 23 term is defined in section 4 of the Steven-24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 19 •HR 2385 IH son-Wydler Technology Innovation Act of 1 1980 (15 U.S.C. 3703)). 2 ‘‘(iii) An Executive agency. 3 ‘‘(iv) A federally funded research and 4 development center. 5 ‘‘(v) A small business concern (as 6 such term is defined in section 3 of the 7 Small Business Act (15 U.S.C. 632), not-8 withstanding section 121.103 of title 13, 9 Code of Federal Regulations) that has re-10 ceived funding from an Executive agency, 11 including through the Small Business In-12 novation Research Program or the Small 13 Business Technology Transfer Program 14 (as described in section 9 of the Small 15 Business Act (15 U.S.C. 638)). 16 ‘‘(vi) A category of entity that the Di-17 rector of the National Science Foundation 18 and the Director of the Office of Science 19 and Technology Policy, after consultation 20 with the NAIRR Steering Subcommittee 21 and any relevant Advisory Committee, de-22 termine shall be eligible. 23 ‘‘(vii) A consortium composed of enti-24 ties described in clauses (i) through (vi). 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 20 •HR 2385 IH ‘‘(3) EXCLUDED ENTITIES.— 1 ‘‘(A) I N GENERAL.—No individual is au-2 thorized to be an eligible user under paragraph 3 (1) if the individual is employed by a foreign 4 country that is listed in section 4872(d)(2) of 5 title 10, United States Code, or is otherwise au-6 thorized by such country to act for or on its be-7 half. 8 ‘‘(B) E NFORCEMENT.—The Director of the 9 National Science Foundation shall ensure that 10 individuals authorized as eligible users meet the 11 requirements of subparagraph (A). 12 ‘‘(b) P RIVACY, ETHICS, CIVILRIGHTS ANDCIVIL 13 L IBERTIES, SAFETY, ANDTRUSTWORTHINESS.— 14 ‘‘(1) I N GENERAL.— 15 ‘‘(A) R EQUIREMENTS.—The head of the 16 Program Management Office, acting through 17 the Director of the Operating Entity and in 18 consultation with any relevant Advisory Com-19 mittee, shall establish requirements, a review 20 process for applications, and a process for au-21 diting resources of the NAIRR and research 22 conducted using resources of the NAIRR on 23 matters related to privacy, ethics, safety, secu-24 rity, and trustworthiness of artificial intel-25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 21 •HR 2385 IH ligence systems developed using resources of the 1 NAIRR. 2 ‘‘(B) F EDERAL STATISTICAL DATA .—Any 3 auditing process required under subparagraph 4 (A) for Federal statistical data included in a re-5 source of the NAIRR shall be completed by the 6 head of a designated statistical agency (as de-7 fined in section 3576(e) of title 44, United 8 States Code), in coordination with the Chief 9 Statistician of the United States, consistent 10 with relevant law. 11 ‘‘(2) C ONSISTENCY.—The head of the Program 12 Management Office shall ensure the requirements 13 and processes described in paragraph (1) are con-14 sistent with the policies of the Office of Management 15 and Budget policy and relevant policies of other Ex-16 ecutive agencies. The head of the Program Manage-17 ment Office shall coordinate with the Senior Agency 18 Official for Privacy and the General Counsel of the 19 National Science Foundation in ensuring compliance 20 with applicable privacy law and policy and Federal 21 laws and regulations. 22 ‘‘(3) A VAILABILITY.—The head of the Program 23 Management Office, acting through the Director of 24 the Operating Entity, shall— 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 22 •HR 2385 IH ‘‘(A) when determining access to computa-1 tional resources of the NAIRR, take into con-2 sideration the extent to which the access relates 3 to privacy, ethics, safety, security, risk mitiga-4 tion, and trustworthiness of artificial intel-5 ligence systems, or other topics that dem-6 onstrate that a project is in the public interest; 7 ‘‘(B) ensure that a significant percentage 8 of the annual allotment of computational re-9 sources of the NAIRR is provided to projects 10 the primary focus of which is related to any of 11 the topics described in subparagraph (A); and 12 ‘‘(C) to the extent that demand for access 13 to computational resources of the NAIRR ex-14 ceeds availability, consider, on a priority basis, 15 projects focusing on any of the topics described 16 in subparagraph (A) when ranking applications 17 for such access. 18 ‘‘(c) S CIENTIFICINTEGRITY.— 19 ‘‘(1) I N GENERAL.—The head of the Program 20 Management Office, acting through the Director of 21 the Operating Entity and in consultation with any 22 relevant Advisory Committee, shall develop guidance 23 for— 24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 23 •HR 2385 IH ‘‘(A) addressing concerns related to mat-1 ters of scientific integrity, including matters re-2 lated to the effects or impacts of research and 3 potential research enabled by the NAIRR; and 4 ‘‘(B) mechanisms for an employee of the 5 Operating Entity, an employee of the Program 6 Management Office, a member of the NAIRR 7 Steering Subcommittee or an Advisory Com-8 mittee, a researcher or student affiliated with a 9 NAIRR user described in subsection (a)(1), an 10 employee of a provider of a resource of the 11 NAIRR, an employee of a NAIRR funding 12 agency, or a member of the public to report vio-13 lations of the guidance developed under this 14 paragraph, including by confidential and anony-15 mous means. 16 ‘‘(2) C ONSISTENCY WITH GOVERNMENT POLI -17 CIES ON SCIENTIFIC INTEGRITY .—The guidance de-18 veloped under paragraph (1)(A) shall be published in 19 a publicly accessible location on the website of the 20 NAIRR. Such policies shall, to the degree prac-21 ticable, be consistent with— 22 ‘‘(A) the Presidential memorandum enti-23 tled ‘Restoring Trust in Government Through 24 Scientific Integrity and Evidence-Based Policy-25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 24 •HR 2385 IH making’, dated January 27, 2021, or successor 1 document; and 2 ‘‘(B) reports produced pursuant to such 3 Presidential memorandum (including the re-4 ports entitled ‘Protecting the Integrity of Gov-5 ernment Science’, dated January 2022, and ‘A 6 Framework for Federal Scientific Integrity Pol-7 icy and Practice’, dated January 2023, pub-8 lished by the National Science and Technology 9 Council, or successor documents). 10 ‘‘(d) S YSTEMSECURITY AND USERACCESSCON-11 TROLS.—The head of the Program Management Office, 12 acting through the Director of the Operating Entity and 13 in consultation with the NAIRR Steering Subcommittee, 14 the Director of the Office of Management and Budget, the 15 Director of the National Institute of Standards and Tech-16 nology, and the Director of the Cybersecurity and Infra-17 structure Security Agency— 18 ‘‘(1) shall establish minimum security require-19 ments for all persons interacting with the NAIRR, 20 consistent with the most recent version of the Cyber-21 security Framework, or successor document, main-22 tained by the National Institute of Standards and 23 Technology; and 24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 25 •HR 2385 IH ‘‘(2) may establish tiers of security require-1 ments and user access controls beyond the minimum 2 requirements relative to security risks. 3 ‘‘(e) F EESCHEDULE.—The head of the Program 4 Management Office, acting through the Director of the 5 Operating Entity, may establish a fee schedule for access 6 to the NAIRR. Fees charged under this subsection may 7 be retained and used for the purposes of this title. The 8 Operating Entity may only charge fees in such fee sched-9 ule. Such fee schedule— 10 ‘‘(1) may differ by type of eligible user and type 11 of affiliated entity described in subsection (a); 12 ‘‘(2) shall include a free tier of access based on 13 appropriated funds and anticipated costs and de-14 mand; 15 ‘‘(3) may include cost-based charges for eligible 16 users to purchase resources of the NAIRR beyond 17 the resources included in a free or subsidized tier; 18 and 19 ‘‘(4) shall ensure that the primary purpose of 20 the NAIRR is to support research. 21 ‘‘(f) R ESEARCHSECURITY.—The head of the Pro-22 gram Management Office, acting through the Director of 23 the Operating Entity and in consultation with the NAIRR 24 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 26 •HR 2385 IH Steering Subcommittee and the Director of the Office of 1 Science and Technology Policy, shall— 2 ‘‘(1) ensure conformance with the requirements 3 of National Security Presidential Memorandum–33 4 (relating to supported research and development na-5 tional policy), issued January 2021, and its imple-6 mentation guidance on research security and re-7 search integrity, or any successor policy document or 8 guidance, by establishing NAIRR operating prin-9 ciples that emphasize the research integrity prin-10 ciples of openness, reciprocity, and transparency; 11 and 12 ‘‘(2) designate a member of the leadership team 13 for the Operating Entity as a research security point 14 of contact with responsibility for overseeing conform-15 ance with the National Security Presidential Memo-16 randum–33 and its implementation guidance, or any 17 successor policy document or guidance. 18 ‘‘SEC. 5605. NAIRR FUNDING. 19 ‘‘To carry out this title, to the maximum extent prac-20 ticable, the NAIRR is authorized to accept and use dona-21 tions of cash, services, and personal property from the pri-22 vate sector.’’. 23 (c) C ONFORMINGAMENDMENTS.—The table of con-24 tents in section 2(b) of the William M. (Mac) Thornberry 25 VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS 27 •HR 2385 IH National Defense Authorization Act for Fiscal Year 2021 1 (Public Law 116–283; 134 Stat. 3388) is amended by in-2 serting after the items relating to title LV the following: 3 ‘‘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. 5605. NAIRR funding.’’. Æ VerDate Sep 11 2014 20:50 Apr 05, 2025 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6301 E:\BILLS\H2385.IH H2385 ssavage on LAPJG3WLY3PROD with BILLS