S. 4441

[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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