United States - AI Research Resource (H.R. 2385)

Overview

The CREATE AI Act of 2025 (H.R. 2385) formally authorizes the National Artificial Intelligence Research Resource (NAIRR) by amending federal AI initiative statutes and establishing a permanent governance and operations model. The bill creates a NAIRR Steering Subcommittee chaired by the Director of the Office of Science and Technology Policy and clarifies the roles of the National Science Foundation (NSF) as the Program Management Office and of a competitively selected nongovernmental Operating Entity that will run the day-to-day portal, allocate resources, and manage staff. The statutory language closely follows recommendations from the NAIRR Task Force report, "Strengthening and Democratizing the U.S. Artificial Intelligence Innovation Ecosystem," and dovetails with the NSF-led NAIRR pilot activities. For the full bill text, see Text of H.R. 2385 (Congress.gov) and for background on ongoing pilot efforts see the NSF NAIRR pilot page at NSF: NAIRR Pilot.

Definitions

The bill provides definitions used throughout the title, including "NAIRR" or "National Artificial Intelligence Research Resource," "Operating Entity," "Program Management Office," and "resources of the NAIRR." "Resources" encompass computational (on-premises, cloud, hybrid), data repositories, open-source software environments, model APIs, testbeds, educational materials, and user support services. Eligibility definitions limit primary access to U.S.-based individuals affiliated with defined entities (institutions of higher education, nonprofits, Executive agencies, federally funded research and development centers, and certain small businesses with federal awards). The definitions also reference applicable definitions in underlying statutes such as the Stevenson-Wydler Technology Innovation Act and the Small Business Act to maintain statutory coherence.

Governance and Institutional Framework

Governance is a central focus: the NAIRR Steering Subcommittee is established within the interagency committee created by prior statute and chaired by OSTP's Director to set strategic direction and approve operating plans. The National Science Foundation acts as the Program Management Office responsible for developing the solicitation, selecting the Operating Entity, overseeing compliance, evaluating performance, and coordinating multiagency funding and resource contributions. The Operating Entity—selected by competitive bid—may be a single nongovernmental organization or a consortium (including federally funded research and development centers) and is contractually bound to deliver operations, staff, a public portal, policies, and annual reports. Advisory Committees comprised of government, academic, private sector, and public-interest representatives provide input; the bill exempts these advisory bodies from chapter 10 of title 5 to allow flexible composition. Relevant official sources include the bill text at Congress.gov and the NAIRR Task Force final report at NAIRR Task Force Final Report (Jan 2023).

Key Focus Areas

The statutory NAIRR focuses on several interlocking areas: (1) resource federation—integrating public and private computational and data resources and offering cloud, on-premises, and hybrid options; (2) curated data repositories and interoperability—NIST coordination to define data repository standards and selecting data repositories by competition; (3) secure and privacy-preserving research pathways—coordinating with NIH, DOE and other agencies for sensitive-data access and creating a NAIRR Secure pathway; (4) testbeds and evaluation tools to support trustworthy AI research, including methodologies contributed by agencies such as FDA and DOE; (5) education and workforce development—NAIRR Classroom resources, training and broad outreach to expand participation; and (6) governance, scientific integrity, and research security—explicit procedures for scientific integrity reporting, research security conformance with National Security Presidential Memoranda, and security baselines consistent with the NIST Cybersecurity Framework. See NSF descriptions of operational focus areas at NSF: NAIRR Pilot for examples of pilot focus areas and partnerships.

Implementation Framework

Implementation is staged through statutory directives: the Program Management Office (NSF) shall develop the solicitation, select an Operating Entity via transparent competition, and define policies for resource procurement, in-kind contributions, and user access. The Operating Entity manages provisioning, the portal, staff, KPIs, annual public reporting, user training, and testbed connections. The bill requires coordination with NIST on data standards, OMB on cross-agency consistency, and consultation with CISA for security. A fee schedule is permitted, including a free tier funded by appropriations, while allowing cost-based charges for extended resource use. Donations and private contributions are authorized for operational support. For operational pilots and awards that inform the statute, see the NSF announcement at NSF News: NAIRR Pilot Awards (May 6, 2024).

Monitoring and Evaluation

The bill mandates annual evaluation of the Operating Entity and public annual reports discussing performance, resource usage, and governance. The NAIRR Steering Subcommittee and an external independent evaluation entity (identified by the Program Management Office) are responsible for performance oversight; the Program Management Office may terminate the Operating Entity if performance is unsatisfactory and re-procure operations. The statute also calls for publication of KPIs, summaries of resources, and transparency regarding inclusion or retirement of resources. Scientific integrity policies and confidential reporting mechanisms for violations must be published on the NAIRR website, consistent with presidential guidance on scientific integrity.

Penalties, Liability, and Appeals

H.R. 2385 primarily leverages administrative and contractual remedies rather than creating a new enforcement regime of civil fines. The primary enforcement mechanisms include oversight by the Steering Subcommittee and the Program Management Office, contractual compliance reviews for the Operating Entity, termination of agreements for poor performance, and withholding or reallocation of appropriations. The bill requires that the head of the Program Management Office oversee compliance with privacy law and OMB policy and coordinate with legal counsel—administrative remedies, debarment under federal contracting rules, or referral to other agencies for enforcement may apply where statutory or regulatory violations are identified. The statutory emphasis is on governance enforcement and contractual accountability rather than new private-rights-of-action; this should be read alongside existing federal privacy, research integrity, and contract law remedies.

Relationship to Other Instruments

The CREATE AI Act builds on the National Artificial Intelligence Initiative Act of 2020, the NAIRR Task Force final report (Jan 2023), and prior provisions added by the William M. (Mac) Thornberry NDAA FY2021. It complements executive actions and federal guidance such as the AI Executive Order and OMB/OSTP policies on AI and scientific integrity, and references NIST guidance such as the AI Risk Management Framework. It also aligns with the existing NSF NAIRR pilot program and the NAIRR Operations Center solicitation (NAIRR-OC) that transition pilot activities into sustained operations; see NSF materials at NSF: NAIRR Pilot. The statute is not intended to supersede agency-specific regulatory authorities (e.g., FDA, FTC) but to provide national research infrastructure and governance for shared resources.

International Alignment

The bill focuses on U.S. domestic infrastructure and U.S.-based users, but seeks interoperability and standards development (via NIST) that facilitate international scientific collaboration. The statute recognizes the need for alignment with global frameworks for trustworthy AI and supports participation in international standards dialogues. While the NAIRR is principally for U.S.-based researchers and organizations, its emphasis on open-source environments, standards-based data repositories, and transparent governance supports cross-border academic collaboration subject to applicable export-control and national-security constraints. See the NAIRR Task Force report for recommendations on global cooperation at NAIRR Task Force Final Report (Jan 2023).

Implementation Timeline

Sources and References