CREATE AI Act

Bill Number

S. 4441

Origin Chamber

Senate

Congress

119th Congress, Session 2

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2026-04-29: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Last Updated

2026-05-18T20:14:26Z

AI-Generated Summary

Purpose

The CREATE AI Act (S. 4441) aims to create the National Artificial Intelligence Research Resource (NAIRR) to boost AI research and its use in other fields, while building AI skills for the U.S. workforce. It connects U.S.-based researchers and educators to shared resources like computing power, data, and software from government, state, and private sources.

Key Provisions

• Establishment and Governance:
• National Science Foundation (NSF) Director must set up NAIRR within 1 year of enactment.
• Creates a Program Management Office (PMO) within NSF's Office of Advanced Cyberinfrastructure to manage operations, budget, resource coordination, and policies.
• PMO can delegate tasks to nonprofits via competitive processes; NSF issues annual public progress reports.
• Resources Provided:
• Includes computing power, data, software, AI models, testing environments, and educational tools.
• PMO coordinates contributions from federal agencies, states, and private groups; publicly lists resource categories.
• Access and Processes:
• Eligible Users: U.S.-based researchers, educators, students affiliated with universities, nonprofits, federal/state/local government, federally funded research centers (FFRDCs), certain small businesses (e.g., those with federal grants), or consortia. Limited access for some government or defense-related employees with a clear need.
• Exclusions: Bars individuals employed by or acting for "countries of concern" (as defined in U.S. law, e.g., certain nations posing security risks).
• Application process for access; compliance with research security rules (National Security Presidential Memorandum-33, or NSPM-33, which protects sensitive research).
• Encourages open-source software development.
• Fees: Optional fee schedule with a free tier; fees can be retained and reused by PMO without new congressional funding approval.
• Advisory Committee: NSF creates a committee to review NAIRR management; exempt from the Federal Advisory Committee Act (FACA, a law requiring public meetings and transparency for advisory groups).

Significant Changes to Existing Law

• Amends the National Artificial Intelligence Initiative Act of 2020 by adding a new Title LVI on NAIRR.
• Updates the table of contents in a 2021 defense law for consistency.
• Introduces new federal infrastructure for AI resources, building on prior AI initiatives without altering core existing programs.

Potential Impacts

• Government Agencies: NSF leads with coordination across federal agencies (e.g., sharing resources); reduces duplication by centralizing access.
• Citizens and Workforce: Democratizes AI tools for U.S. researchers, students, and educators, potentially speeding innovation and skill-building; small businesses gain easier access.
• International Relations: Strengthens U.S. AI edge by excluding risky foreign actors, aligning with national security policies.
• Broader effects include fostering open-source AI development and sustainable funding via fees.

Main Stakeholders Affected

• Primary: NSF, researchers/educators/students at U.S. universities/nonprofits, federal agencies, FFRDCs.
• Secondary: Small businesses with federal funding, state governments, nongovernmental organizations contributing resources, U.S. workforce seeking AI skills.

Notable Legal, Constitutional, or Political Implications

• Security Focus: Mandates NSPM-33 compliance (a 2021 policy on protecting research from foreign threats), with dedicated oversight roles.
• Funding Flexibility: Waives standard rules (e.g., 31 U.S.C. § 3302) to let PMO keep and spend fees indefinitely, enabling self-sustaining operations.
• Advisory Exemptions: Bypasses FACA for the committee, allowing faster internal advice but potentially less public input.
• Promotes U.S. AI leadership without restricting adult or offensive content in research; neutral on political debates, emphasizing research support.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Young, Todd [R-IN]

Cosponsors (5)

Sen. Heinrich, Martin [D-NM], Sen. Rounds, Mike [R-SD], Sen. Booker, Cory A. [D-NJ], Sen. Schumer, Charles E. [D-NY], Sen. Husted, Jon [R-OH]

Recent Actions

• 2026-04-29: Read twice and referred to the Committee on Commerce, Science, and Transportation.
• 2026-04-29: Introduced in Senate

Bill Versions

• Creating Resources for Every American To Experiment with Artificial Intelligence Act — issued 2026-04-29 — PDF (11 pages)