CREATE AI Act of 2025
- Bill Number
- H.R. 2385
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Science, Technology, Communications
- Status
- Introduced
- Latest Action
- 2026-06-25: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 29 - 0.
- Last Updated
- 2026-07-08T08:05:57Z
AI-Generated Summary
Purpose of the Legislation
The CREATE AI Act of 2025 aims to create the National Artificial Intelligence Research Resource (NAIRR), a shared platform providing access to computational power, datasets, and tools for AI research. It seeks to broaden participation in AI development beyond large tech companies, promote diversity in the research community, and maintain U.S. leadership in AI while ensuring benefits for all Americans.
Key Provisions
- Establishment and Governance:
- Creates the NAIRR within one year of enactment, managed by the National Science Foundation (NSF) in coordination with a new NAIRR Steering Subcommittee under the Interagency Committee (chaired by the Director of the Office of Science and Technology Policy, or OSTP).
- Establishes a Program Management Office (PMO) within NSF to handle daily operations, including selecting and overseeing a nongovernmental Operating Entity (e.g., a nonprofit or consortium) to run the platform.
- Allows for Advisory Committees with members from government, industry, academia, and public interest groups to provide input (exempt from standard federal advisory rules).
- Resources Provided:
- Computational resources (e.g., cloud-based computing, open-source software, APIs for AI models).
- Data access (e.g., curated datasets, an AI open data commons for sharing, federal statistical data via standard processes).
- Educational tools (e.g., training materials, user support, outreach to boost STEM participation, especially for underrepresented groups).
- AI testbeds (facilities for testing and evaluating AI systems, coordinated with the National Institute of Standards and Technology, or NIST).
- Access and Eligibility:
- Open to U.S.-based researchers, educators, students, and certain employees affiliated with higher education institutions, nonprofits, federal agencies, federally funded research centers, small businesses with federal funding, or approved consortia.
- Excludes individuals employed by or acting on behalf of foreign countries listed under U.S. export control laws (e.g., certain adversarial nations).
- Includes a free tier of access, with optional fees for additional resources; prioritizes projects focused on privacy, ethics, safety, and trustworthiness.
- Processes and Safeguards:
- Requires reviews and audits for privacy, ethics, civil rights, safety, and AI trustworthiness; ensures consistency with federal policies.
- Mandates guidance on scientific integrity, including reporting mechanisms for violations.
- Sets security standards based on NIST's Cybersecurity Framework, with tiers for different risk levels.
- Authorizes donations from the private sector for funding, in addition to federal appropriations.
- Oversight and Reporting:
- The Steering Subcommittee approves plans, budgets, and performance metrics; conducts annual evaluations and public reports.
- PMO assesses the Operating Entity yearly and can replace it if needed.
- Requires periodic independent assessments of the NAIRR.
Significant Changes to Existing Law
- Amends the National Artificial Intelligence Initiative Act of 2020 by adding a new Title LVI (sections 5601–5605) to define and establish the NAIRR, including definitions, governance, resources, procedures, and funding.
- Modifies Section 5103 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 to insert the NAIRR Steering Subcommittee provisions.
- Builds on prior recommendations from the NAIRR Task Force (2023 report) but formalizes a dedicated resource platform, shifting from task force planning to operational implementation.
- Introduces new federal coordination for AI resources, expanding beyond existing NSF and NIST programs for AI testbeds and data standards.
Potential Impacts
- On Government Agencies: Increases interagency collaboration (e.g., NSF, OSTP, NIST, Cybersecurity and Infrastructure Security Agency) for resource sharing and oversight; creates new administrative roles and potential costs, offset partly by donations; enhances federal AI education for officials.
- On Citizens: Democratizes AI research access for students, educators, and small entities, potentially boosting innovation, STEM diversity, and job opportunities in AI; prioritizes public-interest projects like ethical AI development, benefiting society through safer, more inclusive technologies.
- On International Relations: Strengthens U.S. AI competitiveness by restricting access from certain foreign adversaries, aligning with national security policies; could foster global AI standards through open resources while protecting U.S. interests.
Main Stakeholders Affected
- Federal Agencies: NSF (leads PMO), OSTP (chairs subcommittee), NIST (data and testbed support), and others contributing resources or funding.
- Researchers, Educators, and Students: Primary users gaining free or low-cost access to AI tools, especially those from underrepresented or smaller institutions.
- Private Sector and Nonprofits: Tech companies, small businesses, and consortia as potential resource providers, Operating Entity operators, or donors; Advisory Committee participants.
- Public Interest Groups: Involved in ethics reviews and outreach to ensure equitable AI benefits.
- Foreign Entities: Limited access for adversarial nations, impacting global research dynamics.
Notable Legal, Constitutional, or Political Implications
- Legal: Emphasizes compliance with existing laws on privacy (e.g., Office of Management and Budget policies), scientific integrity (e.g., 2021 Presidential Memorandum), and research security (e.g., National Security Presidential Memorandum-33); introduces enforceable user eligibility and auditing processes without creating new regulatory burdens.
- Constitutional: No direct challenges; aligns with Congress's spending power (Article I) for funding science and technology, and promotes free speech/openness in research while safeguarding national security.
- Political: Supports bipartisan goals of U.S. AI leadership amid global competition (e.g., with China); encourages public-private partnerships, potentially reducing reliance on big tech; may spark debates on resource allocation equity and foreign access restrictions, but focuses on inclusive innovation without partisan mandates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (33)
Rep. Beyer, Donald S. [D-VA-8], Rep. Matsui, Doris O. [D-CA-7], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Franklin, Scott [R-FL-18], Rep. Salinas, Andrea [D-OR-6], Rep. McBride, Sarah [D-DE-At Large], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Jacobs, Sara [D-CA-51], Rep. McCormick, Richard [R-GA-7], Rep. Stevens, Haley M. [D-MI-11], Rep. DelBene, Suzan K. [D-WA-1], Rep. Bonamici, Suzanne [D-OR-1], Rep. Liccardo, Sam T. [D-CA-16], Rep. Deluzio, Christopher R. [D-PA-17], Rep. Gottheimer, Josh [D-NJ-5], Rep. Lieu, Ted [D-CA-36], Rep. Mullin, Kevin [D-CA-15], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Harder, Josh [D-CA-9], Rep. Foushee, Valerie P. [D-NC-4], Rep. Pettersen, Brittany [D-CO-7], Rep. Kean, Thomas H. [R-NJ-7], Rep. Dunn, Neal P. [R-FL-2], Rep. McDonald Rivet, Kristen [D-MI-8], Rep. Levin, Mike [D-CA-49], Rep. Vasquez, Gabe [D-NM-2], Rep. Gillen, Laura [D-NY-4], Rep. Lee, Susie [D-NV-3], Rep. Carbajal, Salud O. [D-CA-24], Rep. Min, Dave [D-CA-47], Rep. Kim, Young [R-CA-40], Rep. Walkinshaw, James R. [D-VA-11], Rep. Kiggans, Jennifer A. [R-VA-2]
Recent Actions
- 2026-06-25: Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 29 - 0.
- 2026-06-25: Committee Consideration and Mark-up Session Held
- 2025-03-26: Referred to the House Committee on Science, Space, and Technology.
- 2025-03-26: Introduced in House
- 2025-03-26: Introduced in House
Bill Versions
- Creating Resources for Every American To Experiment with Artificial Intelligence Act of 2025 — issued 2025-03-26 — PDF (27 pages)