15 U.S.C. § 9415 — National AI Research Resource Task

Page 2590 TITLE 15—COMMERCE AND TRADE § 9415 ing into account ethical considerations and addressing whether such use should be sub- ject to additional oversight, controls, and limitations. (B) Security of data, including law en- forcement’s access to data and the security parameters for that data. (C) Adoptability, including methods to allow the United States Government and in- dustry to take advantage of artificial intel- ligence systems for security or law enforce- ment purposes while at the same time ensur- ing the potential abuse of such technologies is sufficiently mitigated. (D) Legal standards, including those de- signed to ensure the use of artificial intel- ligence systems are consistent with the pri- vacy rights, civil rights and civil liberties, and disability rights issues raised by the use of these technologies. (f) Reports Not later than 1 year after January 1, 2021, and not less frequently than once every 3 years thereafter, the Advisory Committee shall sub- mit to the President, the Committee on Science, Space, and Technology, the Committee on En- ergy and Commerce, the House Permanent Se- lect Committee on Intelligence, the Committee on the Judiciary, and the Committee on Armed Services of the House of Representatives, and the Committee on Commerce, Science, and Transportation, the Senate Select Committee on Intelligence, the Committee on Homeland Se- curity and Governmental Affairs, the Com- mittee on the Judiciary, and the Committee on Armed Services of the Senate, a report on the Advisory Committee’s findings and rec- ommendations under subsection (d) and sub- section (e). (g) Travel expenses of non-Federal members Non-Federal members of the Advisory Com- mittee, while attending meetings of the Advi- sory Committee or while otherwise serving at the request of the head of the Advisory Com- mittee away from their homes or regular places of business, may be allowed travel expenses, in- cluding per diem in lieu of subsistence, as au- thorized by section 5703 of title 5 for individuals in the Government serving without pay. Nothing in this subsection shall be construed to prohibit members of the Advisory Committee who are of- ficers or employees of the United States from being allowed travel expenses, including per diem in lieu of subsistence, in accordance with existing law. (h) FACA exemption The Secretary of Commerce shall charter the Advisory Committee in accordance with the Federal Advisory Committee Act (5 U.S.C. App.),1 except that the Advisory Committee shall be exempt from section 14 of such Act. (Pub. L. 116–283, div. E, title LI, § 5104, Jan. 1, 2021, 134 Stat. 4528.) Editorial Notes REFERENCES IN TEXT 25 U.S.C. 5304, referred to in subsec. (d)(4), was so in the original, but probably should have been a reference to section 4 of the Indian Self-Determination and Edu- cation Assistance Act, Pub. L. 93–638, which is classi- fied to section 5304 of Title 25, Indians. The Federal Advisory Committee Act, referred to in subsec. (h), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. Section 14 of the Act was repealed and restated as section 1013 of Title 5. For disposition of sections of the Act into chapter 10 of Title 5, see Dis- position Table preceding section 101 of Title 5. § 9415. National AI Research Resource Task Force (a) Establishment of Task Force (1) Establishment (A) In general The Director of the National Science Foundation, in coordination with the Office of Science and Technology Policy, shall es- tablish a task force— (i) to investigate the feasibility and ad- visability of establishing and sustaining a National Artificial Intelligence Research Resource; and (ii) to propose a roadmap detailing how such resource should be established and sustained. (B) Designation The task force established by subpara- graph (A) shall be known as the ‘‘National Artificial Intelligence Research Resource Task Force’’ (in this section referred to as the ‘‘Task Force’’). (2) Membership (A) Composition The Task Force shall be composed of 12 members selected by the co-chairpersons of the Task Force from among technical ex- perts in artificial intelligence or related sub- jects, of whom— (i) 4 shall be representatives from the Interagency Committee established in sec- tion 9413 of this title, including the co- chairpersons of the Task Force; (ii) 4 shall be representatives from insti- tutions of higher education; and (iii) 4 shall be representatives from pri- vate organizations. (B) Appointment Not later than 120 days after enactment of this Act, the co-chairpersons of the Task Force shall appoint members to the Task Force pursuant to subparagraph (A). (C) Term of appointment Members of the Task Force shall be ap- pointed for the life of the Task Force. (D) Vacancy Any vacancy occurring in the membership of the Task Force shall be filled in the same manner in which the original appointment was made. (E) Co-chairpersons The Director of the Office of Science and Technology Policy and the Director of the Page 2591 TITLE 15—COMMERCE AND TRADE § 9415 1 So in original. Probably should be ‘‘National Science Founda- tion,’’. 2 So in original. The semicolon probably should be a period. National Sciences Foundation,1 or their des- ignees, shall be the co-chairpersons of the Task Force. If the role of the Director of the National Science Foundation is vacant, the Chair of the National Science Board shall act as a co-chairperson of the Task Force. (F) Expenses for non-Federal Members (i) Except as provided in clause (ii), non- Federal Members of the Task Force shall not receive compensation for their participation on the Task Force. (ii) Non-Federal Members of the Task Force shall be allowed travel expenses, in- cluding per diem in lieu of subsistence, at rates authorized for employees under sub- chapter I of chapter 57 of title 5, while away from their homes or regular places of busi- ness in the performance of services for the Task Force. (b) Roadmap and implementation plan (1) In general The Task Force shall develop a coordinated roadmap and implementation plan for creating and sustaining a National Artificial Intel- ligence Research Resource. (2) Contents The roadmap and plan required by paragraph (1) shall include the following: (A) Goals for establishment and sustainment of a National Artificial Intel- ligence Research Resource and metrics for success. (B) A plan for ownership and administra- tion of the National Artificial Intelligence Research Resource, including— (i) an appropriate agency or organization responsible for the implementation, de- ployment, and administration of the Re- source; and (ii) a governance structure for the Re- source, including oversight and decision- making authorities. (C) A model for governance and oversight to establish strategic direction, make pro- grammatic decisions, and manage the allo- cation of resources; 2 (D) Capabilities required to create and maintain a shared computing infrastructure to facilitate access to computing resources for researchers across the country, including scalability, secured access control, resident data engineering and curation expertise, provision of curated data sets, compute re- sources, educational tools and services, and a user interface portal. (E) An assessment of, and recommended solutions to, barriers to the dissemination and use of high-quality government data sets as part of the National Artificial Intel- ligence Research Resource. (F) An assessment of security require- ments associated with the National Artifi- cial Intelligence Research Resource and its research and a recommendation for a frame- work for the management of access controls. (G) An assessment of privacy and civil rights and civil liberties requirements asso- ciated with the National Artificial Intel- ligence Research Resource and its research. (H) A plan for sustaining the Resource, in- cluding through Federal funding and part- nerships with the private sector. (I) Parameters for the establishment and sustainment of the National Artificial Intel- ligence Research Resource, including agency roles and responsibilities and milestones to implement the Resource. (c) Consultations In conducting its duties required under sub- section (b), the Task Force shall consult with the following: (1) The National Science Foundation. (2) The Office of Science and Technology Policy. (3) The National Academies of Sciences, En- gineering, and Medicine. (4) The National Institute of Standards and Technology. (5) The Director of National Intelligence. (6) The Department of Energy. (7) The Department of Defense. (8) The General Services Administration. (9) The Department of Justice. (10) The Department of Homeland Security. (11) The Department of Health and Human Services. (12) Private industry. (13) Institutions of higher education. (14) Civil and disabilities rights organiza- tions. (15) Such other persons as the Task Force considers appropriate. (d) Staff Staff of the Task Force shall comprise detailees with expertise in artificial intel- ligence, or related fields from the Office of Science and Technology Policy, the National Science Foundation, or any other agency the co- chairs deem appropriate, with the consent of the head of the agency. (e) Task Force reports (1) Initial report Not later than 12 months after the date on which all of the appointments have been made under subsection (a)(2)(B), the Task Force shall submit to Congress and the President an interim report containing the findings, conclu- sions, and recommendations of the Task Force. The report shall include specific rec- ommendations regarding steps the Task Force believes necessary for the establishment and sustainment of a National Artificial Intel- ligence Research Resource. (2) Final report Not later than 6 months after the submittal of the interim report under paragraph (1), the Task Force shall submit to Congress and the President a final report containing the find- ings, conclusions, and recommendations of the Task Force, including the specific rec- ommendations required by subsection (b). Page 2592 TITLE 15—COMMERCE AND TRADE § 9431 (f) Termination (1) In general The Task Force shall terminate 90 days after the date on which it submits the final report under subsection (e)(2). (2) Records Upon termination of the Task Force, all of its records shall become the records of the Na- tional Archives and Records Administration. (g) Definitions In this section: (1) National Artificial Intelligence Research Resource and Resource The terms ‘‘National Artificial Intelligence Research Resource’’ and ‘‘Resource’’ mean a system that provides researchers and students across scientific fields and disciplines with ac- cess to compute resources, co-located with publicly-available, artificial intelligence- ready government and non-government data sets and a research environment with appro- priate educational tools and user support. (2) Ownership The term ‘‘ownership’’ means responsibility and accountability for the implementation, deployment, and ongoing development of the National Artificial Intelligence Research Re- source, and for providing staff support to that effort. (Pub. L. 116–283, div. E, title LI, § 5106, Jan. 1, 2021, 134 Stat. 4531.) Editorial Notes REFERENCES IN TEXT Enactment of this Act, referred to in subsec. (a)(2)(B), means the enactment of Pub. L. 116–283, which was ap- proved Jan. 1, 2021. SUBCHAPTER II—NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES § 9431. National Artificial Intelligence Research Institutes (a) In general Subject to the availability of funds appro- priated for this purpose, the Director of the Na- tional Science Foundation shall establish a pro- gram to award financial assistance for the plan- ning, establishment, and support of a network of Institutes (as described in subsection (b)(2)) in accordance with this section. (b) Financial assistance to establish and support National Artificial Intelligence Research In- stitutes (1) In general Subject to the availability of funds appro- priated for this purpose, the Secretary of En- ergy, the Secretary of Commerce, the Director of the National Science Foundation, and every other agency head may award financial assist- ance to an eligible entity, or consortia there- of, as determined by an agency head, to estab- lish and support an Institute. (2) Artificial intelligence institutes An Institute described in this subsection is an artificial intelligence research institute that— (A) is focused on— (i) a particular economic or social sec- tor, including health, education, manufac- turing, agriculture, security, energy, and environment, and includes a component that addresses the ethical, societal, safety, and security implications relevant to the application of artificial intelligence in that sector; or (ii) a cross-cutting challenge for artifi- cial intelligence systems, including trust- worthiness, or foundational science; (B) requires partnership among public and private organizations, including, as appro- priate, Federal agencies, institutions of higher education, including community col- leges, nonprofit research organizations, Fed- eral laboratories, State, local, and Tribal governments, industry, including startup companies, and civil society organizations, including civil rights and disability rights organizations (or consortia thereof); (C) has the potential to create an innova- tion ecosystem, or enhance existing eco- systems, to translate Institute research into applications and products, as appropriate to the topic of each Institute; (D) supports interdisciplinary research and development across multiple institutions of higher education and organizations; (E) supports interdisciplinary education activities, including curriculum develop- ment, research experiences, and faculty pro- fessional development across undergraduate, graduate, and professional academic pro- grams; and (F) supports workforce development in ar- tificial intelligence related disciplines in the United States, including increasing partici- pation of historically underrepresented com- munities. (3) Use of funds Financial assistance awarded under para- graph (1) may be used by an Institute for— (A) managing and making available to re- searchers accessible, curated, standardized, secure, and privacy protected data sets from the public and private sectors for the pur- poses of training and testing artificial intel- ligence systems and for research using arti- ficial intelligence systems, pursuant to sub- sections (c), (e), and (f) of section 278h–1 of this title (as added by section 5301 of this di- vision); (B) developing and managing testbeds for artificial intelligence systems, including sector-specific test beds, designed to enable users to evaluate artificial intelligence sys- tems prior to deployment; (C) conducting research and education ac- tivities involving artificial intelligence sys- tems to solve challenges with social, eco- nomic, health, scientific, and national secu- rity implications; (D) providing or brokering access to com- puting resources, networking, and data fa- cilities for artificial intelligence research and development relevant to the Institute’s research goals; (E) providing technical assistance to users, including software engineering support, for