S.2714 CREATE AI Act

Citation

U.S. Senate, 118th Congress, 2d Session. S. 2714, “Creating Resources for Every American To Experiment with Artificial Intelligence Act of 2024” (CREATE AI Act), reported in the Senate with an amendment, Calendar No. 721, Dec. 17, 2024. U.S. Government Publishing Office print. https://www.congress.gov/bill/118th-congress/senate-bill/2714. Copy: raw/shared/2026-10-28 S.2714 CREATE AI Act reported in the Senate.md (original: .pdf beside it). Read 2026-10-28.

Bottom line

The bill would establish the National Artificial Intelligence Research Resource (NAIRR). The National Science Foundation (NSF) sets it up within 1 year of enactment (new § 5602(a)).
Governance has three parts: an NSF Program Management Office, a nongovernmental Operating Entity that it selects, and optional Advisory Committees (new § 5602(b)-(c)).
Users are United States researchers, educators and students at listed entities. Access has a required free tier and optional cost-based fees (new § 5604(a), (d)).

Background

The copy is the Senate-reported print. Ms. Cantwell reported it from the Committee on Commerce, Science, and Transportation “with an amendment” on “DECEMBER 17 (legislative day, DECEMBER 16), 2024”. The amendment strikes all text after the enacting clause and inserts new text. The copy holds both. The struck text is the “CREATE AI Act of 2023”. The inserted text is the “CREATE AI Act of 2024”. This page cites the inserted, reported text.

Sec. 3(a) of the bill adds a new Title LVI to the National Artificial Intelligence Initiative Act of 2020 (15 U.S.C. 9401 et seq.). The new sections are §§ 5601 to 5604. This page cites them as “new § 5602”. Fei-Fei Li supported the bill in Senate testimony (Fei-Fei Li Senate testimony 2023-09-14 (web)).

Key claims

Findings (Sec. 2(2)-(3)). “Access to the computational resources and datasets necessary for artificial intelligence research and development is often limited to very large technology companies.” “The lack of access to computational and data resources has resulted in insufficient diversity in the artificial intelligence research and development community.”
Origin (Sec. 2(5)). The NAIRR Task Force recommended the NAIRR in a report “issued on January 24, 2023”.
Purpose (new § 5602(a)). The NSF Director “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.”
Program Management Office (new § 5602(b)(1)). NSF establishes “a Program Management Office to oversee the day-to-day functions of the NAIRR”. Its duties include the operating plan, the budget, selection of the Operating Entity and evaluation (new § 5602(b)(3)(A)).
Operating Entity (new § 5602(b)(3)(A)(iv)). The office selects, “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”.
Replacement (new § 5602(b)(3)(A)(ix)). The office assesses the Operating Entity “on not less than an annual basis” and can end the agreement if “performance is unsatisfactory”.
Operator staff (new § 5602(b)(3)(B)(iv)). Staff include “experts in cyber infrastructure management, data science, research design, privacy, ethics, civil rights and civil liberties, and legal and policy matters”.
Annual report (new § 5602(b)(3)(C)). A public report to the Office of Science and Technology Policy (OSTP) and two Congressional committees. It lists “projects that used the NAIRR” and their “value to the public”.
Advisory Committees (new § 5602(c)). Optional. Members come “from government agencies, the private sector, academia, and public interest groups”.
Interagency body (new § 5601(8)). The reported text names the “Select Committee on AI”, which “means the Interagency Committee”. The office consults it on the budget and on funding opportunities (new § 5602(b)(3)(A)(ii), (x)).
Resources (new § 5603(b)). “subject to the availability of appropriations”: computational resources, data, educational tools and services, and AI testbeds. Compute includes “on-premises, cloud-based, hybrid, and emergent resources” and “public cloud providers” (new § 5603(b)(1)).
Eligible users (new § 5604(a)(1)-(2)). “A researcher, educator, or student based in the United States that is affiliated with” a United States institution of higher education, nonprofit, federal agency or Congress, federally funded research and development center, or federally funded small business. A consortium of these entities also qualifies.
Excluded users (new § 5604(a)(3)). No person employed by, or acting for, a foreign country listed in 10 U.S.C. 4872(d)(2).
Application (new § 5604(a)(4)). The office “shall establish an application process for eligible users to request access to the NAIRR”.
Privacy and civil rights (new § 5604(b)(1)(A)). The office “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”.
Security (new § 5604(c)). Minimum security requirements follow the National Institute of Standards and Technology (NIST) Cybersecurity Framework. Higher tiers are optional.
Fees (new § 5604(d)(1)). The fee schedule “(B) shall include a free tier of access based on appropriated funds and anticipated costs and demand; (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.”
Fee retention (new § 5604(d)(2)). The office keeps fees. They are available “without further appropriation, for the purposes of this title”.
Open source (new § 5604(f)). Policies “to encourage software developed to administer the NAIRR, and software developed using resources of the NAIRR, to be open-source software”.
Funding. The reported text authorizes no dollar amount. Resources are “subject to the availability of appropriations” (new § 5603(b)).

Evidence and method

Bill text. It states requirements, not evidence. The findings in Sec. 2 cite the NAIRR Task Force report of January 2023.

Limits

This is a reported bill, not law. The copy shows it reported to the Senate calendar on Dec. 17, 2024. The copy does not say whether it passed.
The struck 2023 text differs. It created a “NAIRR Steering Subcommittee” chaired by the Director of OSTP. The reported 2024 text drops that body and uses the “Select Committee on AI” instead.
The copy is a pdftotext conversion of a GPO print. Line numbers and page headers break the text. Cite sections, not pages.
The bill text does not mention the NAIRR Pilot. See NAIRR for the pilot.