CHAPTER 119 —NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
SUBCHAPTER I—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
SUBCHAPTER II—NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
SUBCHAPTER III—DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES
SUBCHAPTER IV—NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE ACTIVITIES
SUBCHAPTER V—DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
§9401. Definitions
In this chapter:
(1) Advisory Committee
The term "Advisory Committee" means the National Artificial Intelligence Advisory Committee established under
(2) Agency head
The term "agency head" means the head of any Executive agency (as defined in
(3) Artificial intelligence
The term "artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to—
(A) perceive real and virtual environments;
(B) abstract such perceptions into models through analysis in an automated manner; and
(C) use model inference to formulate options for information or action.
(4) Community college
The term "community college" means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including 2-year Tribal Colleges or Universities under
(5) Initiative
The term "Initiative" means the National Artificial Intelligence Initiative established under
(6) Initiative Office
The term "Initiative Office" means the National Artificial Intelligence Initiative Office established under
(7) Institute
The term "Institute" means an Artificial Intelligence Research Institute described in
(8) Institution of higher education
The term "institution of higher education" has the meaning given the term in section 1001 and
(9) Interagency Committee
The term "Interagency Committee" means the interagency committee established under
(10) K-12 education
The term "K-12 education" means elementary school and secondary school education provided by local educational agencies, as such agencies are defined in
(11) Machine learning
The term "machine learning" means an application of artificial intelligence that is characterized by providing systems the ability to automatically learn and improve on the basis of data or experience, without being explicitly programmed.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this division", meaning div. E of
Statutory Notes and Related Subsidiaries
Short Title
Executive Documents
Executive Order No. 14110
Ex. Ord. No. 14110, Oct. 30, 2023, 88 F.R. 75191, which related to safe, secure, and trustworthy development and use of artificial intelligence, was revoked by Ex. Ord. No. 14148, §2(ggg), Jan. 20, 2025, 90 F.R. 8240.
Ex. Ord. No. 14141. Advancing United States Leadership in Artificial Intelligence Infrastructure
Ex. Ord. No. 14141, Jan. 14, 2025, 90 F.R. 5469, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Advances at the frontier of AI will also have significant implications for United States economic competitiveness. These imperatives require building AI infrastructure in the United States on the time frame needed to ensure United States leadership over competitors who, already, are racing to take the lead in AI development and adoption. Building AI in the United States requires enormous private-sector investments in infrastructure, especially for the advanced computing clusters needed to train AI models and the energy infrastructure needed to power this work. Already, AI's electricity and computational needs are vast, and they are set to surge in the years ahead. This work also requires secure, reliable supply chains for critical components needed to build AI infrastructure, from construction materials to advanced electronics.
This order sets our Nation on the path to ensure that future frontier AI can, and will, continue to be built here in the United States. In building domestic AI infrastructure, our Nation will also advance its leadership in the clean energy technologies needed to power the future economy, including geothermal, solar, wind, and nuclear energy; foster a vibrant, competitive, and open technology ecosystem in the United States, in which small companies can compete alongside large ones; maintain low consumer electricity prices; and help ensure that the development of AI infrastructure benefits the workers building it and communities near it.
With this order, I provide a plan for protecting national security, preserving our economic competitiveness, revitalizing our energy infrastructure, and ensuring United States leadership in AI.
(a) The development of AI infrastructure should advance United States national security and leadership in AI. Meeting this goal will require steps by the Federal Government, in collaboration with the private sector, to advance AI development and use AI for future national-security missions, including through the work described in National Security Memorandum 25 of October 24, 2024 (Advancing the United States' Leadership in Artificial Intelligence; Harnessing Artificial Intelligence to Fulfill National Security Objectives; and Fostering the Safety, Security, and Trustworthiness of Artificial Intelligence) (NSM-25). It will also require the use of safeguards to improve the cyber, supply-chain, and physical security of the laboratories at which powerful AI is developed, stored, and used. Additionally, protecting United States national security will require further work to evaluate and manage risks related to the powerful capabilities that future frontier AI may possess.
(b) The development of AI infrastructure should advance United States economic competitiveness, including by fostering a vibrant technology ecosystem. Already, AI is creating new jobs and industries, and its effects are being felt in sectors across the economy. The Federal Government must ensure that the United States remains competitive in the global economy, including through harnessing the benefits of this technology for all Americans. It must also promote a fair, open, and competitive AI ecosystem so that small developers and entrepreneurs can continue to drive innovation—a priority highlighted in both Executive Order 14110 of October 30, 2023 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence) [formerly set out above], and NSM-25—as well as to support secure, reliable supply-chain infrastructure for AI activities.
(c) The United States can and should lead the world in operating the next generation of AI data centers with clean power. Meeting this goal will require building on recent successes to modernize our Nation's energy infrastructure; improve permitting processes; and support investments in, and expeditious development of, both currently available and emerging clean energy technologies, such as geothermal energy, nuclear energy, and long-duration energy storage used to store clean energy, as well as relevant supply chains. The United States must not be surpassed in its support for the development, commercialization, and operation of clean energy technologies at home and abroad, and the rapid buildout of AI infrastructure offers another vital opportunity to accelerate and deploy these energy technologies. To help ensure that new data center electricity demand does not take clean power away from other end users, result in resource adequacy issues, or increase grid emissions, the construction of AI infrastructure must be matched with new, clean electricity generation resources.
(d) The development of AI infrastructure should proceed without raising energy costs for American consumers and businesses, and it should have strong community support. The companies developing, commercializing, and deploying AI must finance the cost of building the infrastructure needed for AI operations, including the development of next-generation power infrastructure built for these operations.
(e) The development of AI infrastructure should benefit those working to build it. Meeting this goal will require high labor standards and safeguards for the buildout of AI infrastructure, consultation and close collaboration with communities affected by this infrastructure's development and operation, and continuous work to mitigate risks and potential harms. The American people more broadly must safely enjoy the gains and opportunities from technological innovation in the AI ecosystem.
(a) The term "agency" means each agency described in
(b) The term "AI data center" means a data center used primarily with respect to developing or operating AI.
(c) The term "AI infrastructure" refers collectively to AI data centers, generation and storage resources procured to deliver electrical energy to data centers, and transmission facilities developed or upgraded for the same purpose.
(d) The term "AI model" means a component of an information system that implements AI technology and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of inputs.
(e) The term "clean energy" or "clean energy generation resources" means generation resources that produce few or no emissions of carbon dioxide during operation, including when paired with clean storage technologies. This term includes geothermal, nuclear fission, nuclear fusion, solar, wind, hydroelectric, hydrokinetic (including tidal, wave, and current), and marine energy; and carbon capture, utilization, and storage technologies (for which the carbon capture equipment meets the definition set forth in 26 C.F.R. 1.45Q-2(c)) that operate with fossil fuel generation resources, that achieve carbon dioxide capture rates of 90 percent or higher on an annual basis, and that permanently sequester the captured carbon dioxide.
(f) The term "clean power" means electricity generated by the generation resources described in subsection (e) of this section.
(g) The term "clean repowering" means the practice of siting new clean generation sources at a site with an existing point of interconnection and generation sources operating with fossil fuels, such that some output or capacity from existing generation sources is replaced by the new clean generation sources.
(h) The term "critical electric infrastructure information" has the same meaning as set forth in 18 C.F.R. 388.113(c).
(i) The term "data center" means a facility used to store, manage, process, and disseminate electronic information for a computer network, and it includes any facility that is composed of one or more permanent or semi-permanent structures, or that is a dedicated space within such structure, and operates persistently in a fixed location; that is used for the housing of information technology equipment, including servers, mainframe computers, high-performance computing devices, or data-storage devices; and that is actively used for the hosting of information and information systems that are accessed by other systems or by users on other devices.
(j) The term "distributed energy resource" has the same meaning as set forth in 18 C.F.R. 35.28(b)(10).
(k) The term "Federal Permitting Agencies" refers to the agency members of the Federal Permitting Improvement Steering Council (Permitting Council) established under section 41002 of the Fixing America's Surface Transportation (FAST) Act,
(l) The term "Federal Risk and Authorization Management Program" refers to the program established to provide an approach for the adoption and use of cloud services by the Federal Government, as codified in
(m) The term "frontier AI data center" means an AI data center capable of being used to develop, within a reasonable time frame, an AI model with characteristics related either to performance or to the computational resources used in its development that approximately match or surpass the state of the art at the time of the AI model's development.
(n) The term "frontier AI infrastructure" means AI infrastructure for which the relevant data center is a frontier AI data center.
(o) The term "frontier AI training" refers to the act of developing an AI model with characteristics related either to performance or to the computational resources used in its development that approximately match or surpass the state of the art at the time of the AI model's development.
(p) The term "generation resource" means a facility that produces electricity.
(q) The terms "interconnection," "interconnection facilities," and "point of interconnection" refer to facilities and equipment that physically and electrically connect generation resources or electrical load to the electric grid for the purpose of the delivery of electricity, for which grid operators have granted all appropriate approvals required for those facilities and equipment to operate.
(r) The term "lab-security measures" refers to steps to detect, prevent, or mitigate physical, cyber, or other threats to the operation of a data center, to the integrity of information or other assets stored within it, or of unauthorized access to such information or assets.
(s) The term "leading-edge logic semiconductors" refers to semiconductors produced at high volumes using extreme ultraviolet lithography tools as defined by the CHIPS Incentives Program Notice of Funding Opportunity, 2023-NIST-CHIPS-CFF-01.
(t) The term "model weight" means a numerical parameter within an AI model that helps determine the model's outputs in response to inputs.
(u) The term "new source review" refers to the permitting program with this name in 40 C.F.R. parts 51 or 52.
(v) The term "non-Federal parties" refers to private-sector entities that enter into a contract with the Department of Defense or the Department of Energy pursuant to section 4(g) of this order.
(w) The term "priority geothermal zone" refers to lands with high potential for the development of geothermal power generation resources, as designated by the Secretary of the Interior, including pursuant to section 4(c) of this order.
(x) The term "project labor agreement" means a pre-hire collective bargaining agreement that establishes the terms and conditions of a construction project.
(y) The term "surplus interconnection service" has the same meaning as set forth in Federal Energy Regulatory Commission Order No. 845.
(z) The terms "transmission facilities" and "transmission infrastructure" mean equipment or structures, including transmission lines and related facilities, used for the purpose of delivering electricity.
(aa) The term "transmission organization" refers to a Regional Transmission Organization or an Independent System Operator.
(bb) The term "transmission provider" means an entity that manages or operates transmission facilities for the delivery of electric energy used primarily by the public and that is not a transmission organization.
(cc) The term "waters of the United States" has the same meaning as set forth in 33 C.F.R. 328.3(a).
(i) inclusion of sufficient terrain with appropriate land gradients, soil durability, and other topographical characteristics for frontier AI data centers;
(ii) minimized adverse effects from AI infrastructure development or operation on local communities' health, wellbeing, and resource access; natural or cultural resources; threatened or endangered species; and harbors or river improvements not associated with hydropower generation resources;
(iii) proximity to any communities seeking to host AI infrastructure, including for reasons related to local workers' access to jobs involved in designing, building, maintaining, and operating data centers;
(iv) ready access and proximity to high-voltage transmission infrastructure that minimizes the scale of, cost of, and timeline to develop any transmission upgrades or development needed to interconnect AI infrastructure, in consideration of access and proximity to:
(A) high-capacity transmission infrastructure with unused capacity, as identified by collection activities described in section 6 of this order;
(B) any planned generation facilities that can enable delivery of electricity to an AI data center on the site managed by each Secretary's respective agency, that possess an executed interconnection agreement with a transmission provider, that do not possess an executed power purchase agreement, and for which construction has not yet begun;
(C) any lands that the Secretary of the Interior identifies pursuant to subsection (c) of this section; and
(D) any power generation facilities with high clean repowering potential;
(v) location within geographic areas that are not at risk of persistently failing to attain National Ambient Air Quality Standards, and where the total cancer risk from air pollution is at or below the national average according to the Environmental Protection Agency's (EPA's) 2020 AirToxScreen;
(vi) lack of proximity to waters of the United States for purposes of permitting requirements;
(vii) lack of extensive restrictions on land uses associated with constructing and operating AI infrastructure or on access to necessary rights-of-way for such activities;
(viii) ready access to high-capacity telecommunications networks;
(ix) suitability for the development of access roads or other temporary infrastructure necessary for the construction of AI infrastructure; and
(x) absence of other characteristics that would, if the site was used or repurposed for AI infrastructure, compromise a competing national security concern as determined by the relevant Secretary in consultation with the Assistant to the President for National Security Affairs.
(b) By March 15, 2025, the Secretary of the Interior, acting through the Director of the Bureau of Land Management (BLM), in consultation with the Secretary of Defense, the Secretary of Energy, and the Chair of the Federal Energy Regulatory Commission, shall identify sites managed by BLM that the Secretary of the Interior, acting through the Director of BLM, deems may be suitable for granting or issuing rights of way to private-sector entities to construct and operate additional clean energy facilities that are being or may be built as components of frontier AI infrastructure developed pursuant to this section. In performing this work, the Secretary of the Interior, in consultation with the Secretary of Defense and the Secretary of Energy, shall take steps to ensure where feasible and appropriate that any such sites identified under this subsection include sufficient acreage for developing clean generation resources that can deliver sufficient electricity to each site identified under subsection (a) of this section for matching the capacity needs of frontier AI data centers on the latter sites. The sites identified under this subsection shall include any land managed by the Department of the Interior that is within a region designated by the Secretary of the Interior under subsection (c) of this section, or a region preliminarily identified as a candidate for such designation. In determining the suitability of sites, the Secretary of the Interior, acting through the Director of BLM, shall prioritize identification of sites that:
(i) contain completed, permitted, or planned clean generation projects that can enable delivery of electricity as described in this subsection and possess an executed interconnection agreement with a transmission provider;
(ii) have been allocated as available for solar applications in the Final Programmatic Environmental Impact Statement and Proposed Resource Management Plan Amendments for Utility-Scale Solar Energy Development, published by BLM, or that have otherwise been allocated as available for clean-energy applications in a BLM resource management plan;
(iii) have reasonable access to and are located nearby existing high-voltage transmission lines that have at least one gigawatt of additional capacity available, or for which such capacity can be reasonably developed through reconductoring, grid-enhancing technologies, or transmission upgrades;
(iv) possess the characteristics described in subsections (a)(i)–(x) of this section, in a manner that is consistent with the objective of fully permitting and approving work to construct utility-scale power facilities on a timeline that allows for the operation of those facilities by the end of 2027 or as soon as feasible thereafter; and
(v) possess other characteristics conducive to enabling new clean power development at such sites to contribute to lower regional electricity prices or to bring other community benefits.
(c) By March 15, 2025, the Secretary of the Interior, acting through the Director of BLM and in consultation with the Secretary of Energy, shall, if possible, designate at least five regions composed of lands or subsurface areas managed by the Department of the Interior as Priority Geothermal Zones (PGZs). The Secretary of the Interior shall designate those regions based on their potential for geothermal power generation resources, including hydrothermal and next-generation geothermal power and thermal storage; diversity of geological characteristics; and possession of the characteristics described in subsections (a)(i)–(x) and (b)(i)–(v) of this section.
(d) The Secretary of Defense, the Secretary of Energy, and the Secretary of the Interior shall each make a legal determination as to whether each site identified pursuant to subsections (a) and (b) of this section is available for lease or for the issuance of a right of way, as appropriate, pursuant to the authority of the Secretary that made the identification, and as to whether the Secretary has the legal authority to lease or grant a right of way over or upon each site identified for the construction of frontier AI infrastructure. For purposes of this order, a site shall be considered "cleared" under this subsection if the relevant Secretary has determined that the site is available for lease and the Secretary concerned has the authority to lease it.
(e) By March 31, 2025, the Secretary of Defense and the Secretary of Energy, in coordination with the heads of any other agencies that either Secretary deems appropriate, shall coordinate to design, launch, and administer competitive public solicitations of proposals from non-Federal entities to lease Federal land to construct frontier AI infrastructure, including frontier AI data centers, on sites identified under subsection (a) of this section and cleared under subsection (d) of this section, if any. When issuing the solicitations, the Secretaries shall announce the sites identified under subsection (a) of this section and cleared under subsection (d) of this section, if any, and additional relevant information including the sites' geographic coordinates, technical characteristics, proximity to sites identified consistent with subsection (b) of this section and cleared under subsection (d) of this section, if any, and other relevant information. The solicitations shall, to the extent consistent with applicable law and to the extent the Secretaries agree that such requirements promote national defense, national security, or the public interest, as appropriate, require applicants to identify particular sites on which they propose to construct and operate frontier AI infrastructure; submit a detailed plan specifying proposed timelines, financing methods, and technical construction plans associated with such construction work, including a contingency plan for decommissioning infrastructure on Federal sites; submit a plan that describes proposed frontier AI training work to occur at the site once operational; submit a plan for detailing the extent of the use of high labor and construction standards as described in subsection (g)(viii) of this section; and submit a plan with proposed lab-security measures, including personnel and material access requirements, that could be associated with the operation of frontier AI infrastructure. These requirements should be designed to ensure adequate collection of information from applicants regarding the criteria in subsections (g)(i)–(xvi) of this section. The solicitations shall close within 30 days of their issuance.
(f) By March 31, 2025, the Secretary of the Interior, in consultation with the Secretary of Defense and the Secretary of Energy, shall publicize the sites identified under subsection (b) of this section and cleared under subsection (d) of this section, if any, and additional relevant information including the sites' geographic coordinates, technical characteristics, proximity to sites identified consistent with subsection (a) of this section and cleared under subsection (d) of this section, if any, and other relevant information.
(g) By June 30, 2025, the Secretary of Defense and the Secretary of Energy shall announce any winning proposals identified through solicitations described in subsection (e) of this section. In selecting any winning proposals, the Secretary of Defense and the Secretary of Energy shall, in consultation with each other, assign winners the opportunity to apply for any Federal permits needed to build and operate frontier AI infrastructure pursuant to the frameworks described in subsection (h) of this section on any sites included in the solicitations issued under subsection (e) of this section, as the Secretaries deem appropriate. The Secretaries shall consult with the Attorney General on the implications of selections on the competition and market-structure characteristics of the broader AI ecosystem. The Chair of the Federal Trade Commission is encouraged to participate in these consultations. The Secretaries shall, to the extent consistent with applicable law and to the extent that the Secretaries assess that the requirement promotes national defense, national security, or the public interest, as appropriate, select at least one proposal developed and submitted jointly by a consortium of two or more small- or medium-sized organizations--as determined by those organizations' market capitalization, revenues, or similar characteristics--provided that the Secretaries receive at least one such proposal that meets the appropriate qualifications. The Secretaries shall provide technical assistance, as appropriate, to small- or medium-sized organizations seeking to submit proposals. The criteria for selecting winning proposals shall include, at a minimum, consideration of the following characteristics of the applicants and any identified partner organizations, to the extent consistent with applicable law and to the extent that the Secretaries agree that the listed characteristics promote national defense, national security, or the public interest, as appropriate:
(i) proposed financing mechanisms and sources of funds secured or likely to be secured for work to be performed at the site;
(ii) plans for ensuring high-quality AI training operations to be executed at the site by the applicant or third-party partners;
(iii) plans for maximizing energy, water, and other resource efficiency, including waste-heat utilization in constructing and operating the AI data center at the site, the strength of the proposed energy master plan for the site, and the quality of analysis of potential strains on local communities;
(iv) safety and security measures, including cybersecurity measures, proposed to be implemented at the site, and capabilities for such implementation;
(v) capabilities and acumen of applicable AI scientists, engineers, and other workforce essential to the operation of AI infrastructure;
(vi) plans for commercializing or otherwise deploying or advancing deployment of appropriate intellectual property, including AI model weights, developed at the site, as well as plans for commercializing or otherwise deploying or advancing deployment of innovations related to power generation and transmission infrastructure developed in the course of building or operating AI infrastructure;
(vii) plans to help ensure that the construction and operation of AI infrastructure does not increase electricity costs to other ratepayers or water costs to consumers, including, as appropriate, through appropriate proposed or recommended future engagement with any applicable regulatory authorities and State, Tribal, or local governments;
(viii) plans to use high labor standards that help ensure continuous and high-quality work performed on the site, such as paying prevailing wages; hiring registered apprentices; promoting positive labor-management relations through a project labor agreement; and otherwise adopting high job quality and labor standards for the construction and operations workforce as set forth in Executive Order 14126 of September 6, 2024 (Investing in America and Investing in American Workers) [
(ix) design features and operational controls and plans that mitigate potential environmental effects and implement strong community health, public safety, and environmental protection measures;
(x) other benefits to the community and electric grid infrastructure surrounding the site;
(xi) experience completing comparable construction projects;
(xii) experience in compliance with Federal, State, and local permits and environmental reviews relevant to construction and operation of AI infrastructure or, in the alternative, other evidence of an ability to obtain and comply with such permits or reviews in an efficient manner;
(xiii) the presence of organizational and management structures to help ensure sound governance of work performed at the site;
(xiv) the effect of the selection of an applicant on the emergence of an interoperable, competitive AI ecosystem;
(xv) whether an applicant has already been assigned an opportunity, or is being assigned another opportunity, to build a frontier AI data center on a Federal site through the solicitation process described in this section; and
(xvi) other considerations of national defense, national security, or the public interest, including economic security, as the Secretary of Defense and the Secretary of Energy deem appropriate.
(h) By June 30, 2025, the Secretary of Defense and the Secretary of Energy, in consultation with the Secretary of the Interior, shall each develop a framework through which any winning applicants selected under subsection (g) of this section may apply to lease sites respectively identified under subsection (a) of this section, and cleared under subsection (d) of this section, to construct and operate AI infrastructure, and by which the applicants may own the AI infrastructure facilities on those sites, subject to the conditions described in subsections (i)–(x) of this subsection. To the extent that the Secretaries assess that it is consistent with national defense, national security, or the public interest, as appropriate, these frameworks shall allow for winning applicants to cooperate with other appropriate private-sector entities on construction and operation activities, including through contracting and subcontracting relationships, and the frameworks shall not require that parties proposing to own AI infrastructure be identical to those proposing to operate the infrastructure or perform work at the sites on which the infrastructure is located. Actions taken by Federal entities pursuant to the frameworks shall conform to any applicable requirements of Appendix B of Office of Management and Budget (OMB) Circular A-11 and any other appropriate budget-scoring practices; applicable in-kind consideration shall be taken into account in calculating the cost to lessees of any such leases. As part of the foregoing work, the Secretary of Defense and the Secretary of Energy shall, to the extent consistent with their respective authorities and with national defense, national security, or the public interest, as appropriate, require lease or contract terms that accomplish the following:
(i) establish a target of the applicant's beginning construction of a frontier AI data center by January 1, 2026, and commencing full-capacity operation of the AI infrastructure by December 31, 2027, subject to fulfillment of relevant statutory and regulatory requirements, and in a manner consistent with opportunities to operate the infrastructure at or below full capacity at an earlier date;
(ii) require that, concurrent with operating a frontier AI data center on a Federal site, non-Federal parties constructing, owning, or operating AI infrastructure have procured sufficient new clean power generation resources with capacity value to meet the frontier AI data center's planned electricity needs, including by providing power that matches the data center's timing of electricity use on an hourly basis and is deliverable to the data center;
(iii) clarify that non-Federal parties bear all responsibility for paying any costs that parties to the frameworks described in subsection (h) of this section, as well as transmission providers or transmission organizations or other entities not party to the contract, incur from work pursuant to it, including costs of work performed by agencies to complete necessary environmental reviews, any costs related to the procurement of clean power generation resources and capacity in accordance with subsection (g)(ii) of this section, any costs of decommissioning AI infrastructure on Federal sites, any costs of developing transmission infrastructure needed to serve a frontier AI data center on a Federal site, and the fair market value of leasing and using applicable Federal lands;
(iv) require adherence to technical standards and guidelines for cyber, supply-chain, and physical security for protecting and controlling any facilities, equipment, devices, systems, data, and other property, including AI model weights, that are developed, acquired, modified, used, or stored at the site or in the course of work performed on the site. The Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology (NIST) and the Director of the AI Safety Institute (AISI) at NIST, in consultation with the Secretary of Defense, the Secretary of Energy, and the Director of National Intelligence, shall identify available standards and guidelines to which adherence shall be required under this subsection. The identified standards should reflect and incorporate guidelines and best practices developed by the Secretary of Commerce, acting through the Director of NIST, pursuant to Executive Order 14028 of May 12, 2021 (Enhancing United States Cybersecurity) [
(v) require that non-Federal parties owning or operating frontier AI data centers sign a memorandum of understanding with the Secretary of Commerce, acting through the Director of AISI at NIST, to facilitate collaborative research and evaluations on AI models developed, acquired, modified, run, or stored at the site or in the course of work performed on the site, for the purpose of assessing the national-security or other significant risks of those models;
(vi) require non-Federal parties to report information about investments or financial capital from any person used or involved in the development (including construction), ownership, or operation of AI infrastructure on the site and in the development, operation, or use of AI models operating in such AI infrastructure, as appropriate to evaluate risks to national security; and require non-Federal parties to limit the involvement in any such activities of, or the use or involvement in any such activities of investments or financial capital from, any person whom the Secretaries of Defense or Energy deem appropriate on national security grounds;
(vii) require non-Federal parties owning or operating AI data centers on Federal sites to take appropriate steps to advance the objective of harnessing AI, with appropriate safeguards, for purposes of national security, military preparedness, and intelligence operations, including with respect to the objectives and work outlined in NSM-25. Such steps shall, as consistent with applicable legal authorities, include collaborating with the Federal Government on regularly recurring assessments of the national-security implications of AI models developed on Federal sites, as appropriate. In addition, as appropriate and consistent with any relevant Federal procurement laws and regulations, the non-Federal parties shall be required to commit to providing access to such models, and critical resources derivative of such models, to the Federal Government for national-security applications at terms at least no less favorable than current market rates, consistent with NSM-25 and the associated Framework to Advance AI Governance and Risk Management in National Security. To the extent feasible, AI models and resources derived from them shall be developed and provided to the Federal Government in a manner that prevents vendor lock-in and supports interoperability, including as consistent with the measures in section 5 of OMB Memorandum M-24-18;
(viii) require that non-Federal parties owning or operating frontier AI data centers on Federal sites develop plans to make available computational resources that are not dedicated to supporting frontier AI training, or otherwise allocated under another provision, for commercial use by startups and small firms on nondiscriminatory terms and in a manner that minimizes barriers to interoperability, entry, or exit for users;
(ix) require non-Federal parties owning or operating AI infrastructure on Federal sites to explore the availability of clean energy resources—such as geothermal power generation resources and thermal storage, long-duration storage paired with clean energy, and carbon capture and sequestration as described in section 3(e) of this order, as well as beneficial uses of waste heat—at any appropriate sites that those parties lease for purposes of constructing frontier AI data centers on Federal sites or procuring power generation capacity to serve these data centers; and
(x) require AI developers owning and operating frontier AI data centers on Federal sites either to procure, for use in the development of their data centers, an appropriate share (as measured by monetary value) of leading-edge logic semiconductors fabricated in the United States to the maximum extent practicable; or to develop and implement a plan, subject to the respective approval of the Secretary of Defense or the Secretary of Energy, to qualify leading-edge logic semiconductors fabricated in the United States for use in the developer's data centers as soon as practicable. The Secretary of Defense and the Secretary of Energy shall develop any such requirements—including any determinations about amounts of leading-edge logic semiconductors that may be considered "appropriate"—in consultation with the Secretary of Commerce.
(i) Within 1 year of the date of this order [Jan. 14, 2025] and consistent with applicable law, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, the Director of National Intelligence, and the Assistant to the President for National Security Affairs, shall issue regulations that prescribe heightened safeguards to protect computing hardware acquired, developed, stored, or used on any sites on which frontier AI infrastructure is located and that are managed by the Department of Defense, as needed to implement or build upon the objectives of, or the requirements established pursuant to, subsection 4(g)(iv). The regulations shall include requirements to conform with appropriate high-impact level standards identified through the Federal Risk and Authorization Management Program, and they shall further provide for appropriate penalties consistent with applicable authorities. No less than annually the Secretary of Defense, in consultation with the aforementioned individuals, shall review the need for updates to the regulations, and promulgate any necessary revisions. The Secretary of Energy shall impose substantively the same requirements with respect to frontier AI infrastructure on sites managed by the Department of Energy, to the extent authorized by law.
(j) To enable the use—for advancing geothermal power development, including the development of thermal storage—of Federal lands already subject to leases:
(i) Within 180 days of the date of this order, the Secretary of the Interior shall establish a program with personnel dedicated to providing technical assistance for, streamlining, and otherwise advancing direct-use leasing of geothermal projects on BLM lands, including as consistent with the policies set forth in 43 C.F.R. subpart 3205, and leases of geothermal projects on lands subject to mining claims or under an oil and gas lease.
(ii) When issuing leases and related authorizations for geothermal projects, the Secretary of the Interior shall consider the extent to which the requirements of the National Environmental Policy Act [of 1969] (NEPA),
(k) In performing the work described in section 4 of this order, including as related to the selection and management of sites, the head of each respective Federal agency shall:
(i) consult, as appropriate and consistent with applicable law, Executive Order 13175 of November 6, 2000 (Consultation and Coordination with Indian Tribal Governments) [
(ii) seek input from, as appropriate and consistent with applicable law and Administration policies, with State and local governments and other stakeholders and communities for which such work may have implications; and
(iii) consider taking actions that present the greatest opportunities to support the goals described in Safely and Responsibly Expanding U.S. Nuclear Energy: Deployment Targets and A Framework for Action (November 2024).
(b) The Secretary of Energy shall provide technical assistance to State public utility commissions to consider rate structures, including clean transition tariffs and any other appropriate structures identified under subsection (a) of this section, to enable new AI infrastructure to use clean energy without causing unnecessary increases in electricity or water prices.
(c) The Secretary of Energy and the heads of other appropriate agencies as the Secretary of Energy deems appropriate, shall coordinate to expand research-and-development efforts related to AI data center efficiency. Supported research and development shall cover, as appropriate, efficiency considerations associated with data center buildings, including the data center shell; electrical systems; heating, ventilation, and cooling infrastructure; software; and beneficial use cases for wastewater heat from data center operations. As part of this work, the Secretary of Commerce and the Secretary of Energy shall submit a report to the President identifying appropriate ways that agencies can advance industry-wide data center energy efficiency through research and development, including server consolidation; hardware efficiency; virtualization; optimized cooling and airflow management; and power management, monitoring, and capacity planning.
(d) In implementing this order with respect to AI infrastructure on Federal sites, the heads of relevant agencies shall prioritize taking appropriate measures to keep electricity costs low for households, consumers, and businesses.
(e) Within 180 days of the date of this order, the Director of OMB, in consultation with the Chair of the Council on Environmental Quality (CEQ), shall evaluate best practices for public participation and governmental engagement in the development of potential siting and energy-related infrastructure for data centers, to include practices for seeking input on potential health, safety, and environmental impacts and mitigation measures for nearby communities. The Director shall present recommendations to the Secretary of Defense and the Secretary of Energy, who shall—as feasible and appropriate, and to advance the goals of assuring effective governmental engagement and meaningful public participation—implement and incorporate these recommendations into their siting and related decision-making processes regarding AI infrastructure.
(b) Within 120 days of the date of this order, the Secretary of Energy shall identify and communicate, as appropriate, a prioritized list of underutilized points of interconnection that are relevant to AI infrastructure on Federal sites and that demonstrate the highest potential for uses associated with AI infrastructure. In developing this list, the Secretary shall direct transmission providers and transmission organizations to identify areas of the transmission network best suited to serve as points of interconnection for either data centers or other AI infrastructure that will use electricity from the transmission system—and locations best suited for interconnection of clean generators to serve such data centers—considering criteria such as minimizing the need for transmission upgrades necessary to accommodate such interconnection and access to clean energy generation resources.
(c) By June 30, 2025, the Secretary of Energy, in coordination with the Secretary of Defense and in consultation, as appropriate, with the Secretary of the Interior and the Secretary of Agriculture, shall engage with transmission providers and transmission organizations owning, operating, or maintaining transmission infrastructure located near Federal sites selected for AI infrastructure to identify any grid upgrades, deployment of advanced transmission technologies such as high-performance conductors or grid-enhancing technologies, operational changes, or other steps expected to be required for extending interconnection services to AI infrastructure by the end of 2027. Such engagements shall continue as the parties deem appropriate, and they shall prioritize, as appropriate, efforts to enable use of surplus interconnection services, clean repowering, and other methods of accelerated shifts toward clean power and beneficial use of waste heat. The engagements shall also include consideration of ways that the performance of such work as described in this subsection can most contribute to lower regional electricity prices.
(d) The Secretary of Energy shall conduct an analysis of currently available transmission infrastructure serving potential sites, and the likely cost and feasibility of, and timeline for, developing additional such infrastructure needed for constructing and operating a frontier AI data center on sites identified under subsection 4(a) of this order, and cleared under subsection 4(d) of this order, including by providing the frontier AI data center with clean energy and capacity. The Secretary shall identify and collect from transmission providers and transmission organizations information that the Secretary deems necessary for the analysis required under this subsection. The Secretary shall, as appropriate, treat such information as critical electric infrastructure information.
(b) To facilitate expeditious implementation of the requirements under NEPA with respect to Federal sites:
(i) The Secretary of Defense, the Secretary of the Interior, and the Secretary of Energy shall identify, within their respective agencies, personnel dedicated to performing NEPA reviews of projects to construct and operate AI infrastructure on Federal sites.
(ii) The Secretary of Defense, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Energy, shall undertake a programmatic environmental review, on a thematic basis, of the environmental effects—and opportunities to mitigate those effects—involved with the construction and operation of AI data centers, as well as of other components of AI infrastructure as the Secretary of Defense deems appropriate. The review shall conclude, with all appropriate documents published, on the date of the close of the solicitations described in subsection 4(e) of this order, or as soon thereafter as possible. The review shall, as applicable, incorporate by reference previously developed environmental studies, surveys, and impact analyses, including the analysis described in subsection 4(b)(ii) of this order.
(iii) After the conclusion of the programmatic review described in subsection (b)(ii) of this section, the Secretary of Defense, the Secretary of the Interior, the Secretary of Energy, and the heads of other relevant agencies, as appropriate, shall commence any further environmental reviews that are required under NEPA for the construction and operation of AI infrastructure on Federal sites, including by applying any available categorical exclusions. Such reviews shall, as appropriate, build on or incorporate by reference the programmatic environmental review conducted under subsection (b)(ii) of this section, as well as any other studies, surveys, and impact analyses that the Secretaries deem appropriate.
(c) To advance expeditious preconstruction permitting and ensure full compliance with air-quality permit requirements for AI infrastructure, the Administrator of the EPA, in consultation with the Secretary of Defense and the Secretary of Energy, shall:
(i) within 30 days of the selection of winning applications under subsection 4(g) of this order, engage State and local permitting authorities with jurisdiction over sites selected for AI infrastructure, as appropriate, to enhance relevant authorities' understanding of the technical characteristics of AI infrastructure projects as relevant to new source reviews under the Clean Air Act,
(ii) continue engagements with State and local permitting authorities, and provide technical assistance to AI developers operating on Federal sites, on an ongoing basis and as appropriate, to help advance expeditious conclusion of, and compliance with, new source reviews; and
(iii) following the acquisition of all preconstruction air-quality permits by developers, take steps to ensure, on an ongoing basis and as appropriate, that AI developers operating on Federal sites adhere to all requirements of operational air-quality permits applicable to their respective projects; that information needed to demonstrate compliance, possibly including air-monitoring data, is made publicly available and regularly updated; and that best practices are identified for air-emissions reduction and air-quality monitoring regarding AI infrastructure on Federal sites.
(d) To help ensure expeditious permitting or permission processes related to waters of the United States and harbor and river improvements, the Secretary of Defense shall prioritize work, as appropriate, to process applications for permits administered by the United States Army Corps of Engineers (USACE) under the Clean Water Act [of 1977],
(e) Within 30 days of the selection of any winning applications under subsection 4(g) of this order, the Secretary of Defense and the Secretary of Energy shall initiate Tribal consultations as applicable and appropriate based on the sites selected. Upon receipt of sufficient project information, the Secretary of Defense and the Secretary of Energy shall further initiate consultations with the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service (USFWS), to ensure that the construction and operation of AI infrastructure on each site that is identified under subsection 4(a) of this order, cleared under subsection 4(d) of this order, and subsequently chosen as the location for the construction and operation of AI infrastructure pursuant to a winning application under subsection 4(g) of this order are not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of a critical habitat of such species. The Secretary of Defense and the Secretary of Energy shall conclude such consultations with USFWS, to the maximum extent practicable, within 90 days of the initiation of such consultations when feasible and consistent with statutory requirements.
(f) To advance the development of geothermal energy production and thermal storage, including in support of AI infrastructure on Federal sites:
(i) Within 60 days of the date of this order, the Secretary of the Interior shall undertake a programmatic environmental review, on a thematic basis, of the environmental impacts and associated mitigations involved with the construction and operation of a geothermal power plant.
(ii) By the date on which the review described in subsection (f)(i) of this section is completed, the Secretary of the Interior shall establish a target cumulative capacity of permitted or operational geothermal projects by a year that the Secretary shall designate.
(iii) Within 60 days of the date of this order, the Secretary of the Interior shall assess existing categorical exclusions that are listed in the NEPA procedures of other agencies and could apply to actions taken in connection with geothermal energy development. The Secretary shall propose adopting such categorical exclusions as the Secretary, after consultation with the heads of agencies whose NEPA procedures list the categorical exclusions, deems appropriate, and, after considering all comments received through applicable public comment processes, take any actions to adopt categorical exclusions that are appropriate given the received comments, as consistent with the requirements of NEPA and 40 C.F.R. parts 1500–1508. The Secretary shall prioritize the expeditious permitting of geothermal projects, including the application of any appropriate categorical exclusions adopted under this subsection, on PGZs. The Secretary shall prioritize work to expeditiously permit geothermal projects on PGZs above the work described in subsection (f)(i) of this section.
(iv) When issuing leases and related authorizations for geothermal projects on PGZs, the Secretary of the Interior shall fulfill the requirements of NEPA and the Endangered Species Act in a manner that allows for the earliest possible operation of geothermal power plants consistent with applicable law.
(v) The Secretary of Defense, the Secretary of the Interior, and the Secretary of Energy shall, as appropriate, coordinate to determine and clarify appropriate procedures for the execution of leases or subleases for developing or expanding clean energy generation resources, including geothermal energy generation resources, on withdrawn lands subject to the jurisdiction of the Department of Defense or the Department of Energy.
(b) To promote any needed upgrades and development of transmission infrastructure that is located on or that is necessary to support Federal sites with AI infrastructure, the Secretary of Energy, in consultation with the Secretary of the Interior, acting through the Director of BLM and the Director of USFWS, shall:
(i) by September 30, 2025, identify and initiate use of all appropriate authorities to construct, finance, facilitate, and plan such upgrades and development, including through the Transmission Infrastructure Program administered by the Western Area Power Administration; and
(ii) prioritize the allocation of staff and resources for developing transmission infrastructure needed to support AI infrastructure on Federal sites—and in doing so, as appropriate, allocate relevant staff and resources from any component within the Department of Energy for this purpose—consistent with the requirements and objectives of this order and applicable law.
(c) Because of the importance of frontier AI infrastructure, including transmission capacity, to the defense industrial base, critical infrastructure, and military preparedness:
(i) The Secretary of Energy shall consider expected use of frontier AI data centers on Federal sites as part of the Secretary's triennial study of electric transmission capacity constraints and congestion under section 216(a)(1) of the Federal Power Act (
(ii) Consistent with the requirements of section 216(a)(2) of the Federal Power Act (
(d) The Secretary of Energy shall, as appropriate, help ensure that transmission facilities upgraded or developed to support AI data centers on Federal sites:
(i) are designed to support all reasonably foreseeable electric loads, including through the deployment of grid-enhancing technologies, high-performance conductors, and other advanced transmission technologies, including those described in the Department of Energy's Innovative Grid Deployment Liftoff report, that will increase the capabilities of the transmission facilities on a timely and cost-effective basis; and
(ii) conform to conductor efficiency standards or other technical standards or criteria that the Secretary determines will optimize facilities' performance and cost-effectiveness.
(e) To improve the timely availability of critical grid equipment for frontier AI infrastructure, such as electrical transformers, circuit breakers, switchgears, and cables, and to protect electricity consumers from exposure to rising equipment prices:
(i) Within 90 days of the date of this order, the Secretary of Defense, the Secretary of Commerce, and the Secretary of Energy shall jointly consult with domestic suppliers of such technologies on the expected needs of AI infrastructure on Federal sites, suppliers' current production plans, and opportunities for Government support in helping suppliers meet market demands.
(ii) Within 180 days of the date of this order, the Secretary of Energy shall facilitate industry-led convenings on transformers and other critical grid components, which shall include appropriate representatives from agencies, transmission providers and transmission organizations, domestic suppliers of transformers, data center developers, and other private-sector organizations. On an ongoing basis, the Secretary, after consulting with participants in the industry-led convenings, shall:
(A) on at least an annual basis, develop and publish supply and demand forecasts for transformers, including forecasts for different transformer variants and analyses of supply and demand trends under different future scenarios, which shall include scenarios for growth in electricity demand from AI infrastructure and other sources of demand; and
(B) consider and, as appropriate, execute purchases of transformers and other critical grid components in order to provide demand certainty for domestic manufacturers to invest in capacity for meeting the needs of AI infrastructure. Any decision to execute such purchases shall be based on economic or other industry data, including the capacity utilization of domestic suppliers of transformers or other components, that the Secretary deems relevant to evaluating the status of the domestic industry. The Secretary shall subsequently execute sales of any purchased transformers or other critical grid components at times that the Secretary deems appropriate based on such data.
(f) Within 180 days of the date of this order, the Secretary of Energy shall establish requirements for transmission providers and transmission organizations to report to the Secretary transmission-related information to assist in siting and accelerating the interconnection of generation resources to serve frontier AI data centers on sites identified under section 4(a) of this order and cleared under subsection 4(d) of this order. Such information may include data on transmission congestion to help identify where additional transmission investments could enable the development of additional transmission capacity to serve such AI data centers.
(g) Within 180 days of the date of this order, the heads of agencies that possess loan or loan-guarantee authorities shall evaluate whether any such authorities could be used to support the development of AI infrastructure on Federal sites—including the production of critical grid equipment as described in subsection (e) of this section, or other actions to strengthen the AI infrastructure supply chain. In cases in which any authorities are available and appropriate for this purpose, the heads of relevant agencies shall provide that information to developers of AI infrastructure on Federal sites or other appropriate private-sector entities.
(b) To improve review practices pursuant to NEPA:
(i) Within 60 days of the date of this order, the heads of Federal Permitting Agencies, in coordination with the Chair of CEQ, shall assess existing categorical exclusions and identify opportunities to establish new categorical exclusions to support AI infrastructure on Federal sites, consistent with the requirements of NEPA and 40 C.F.R. parts 1500–1508. The heads of agencies whose NEPA regulations include categorical exclusions related to fiber-optic cables are encouraged, in undertaking these assessments, to evaluate whether such categorical exclusions may be applied to the development of fiber-optic cables as used for AI infrastructure.
(ii) Within 120 days of the date of this order, the heads of Federal Permitting Agencies shall, as appropriate and consistent with applicable law, propose any new categorical exclusions and, after considering all comments received through applicable public comment processes, take any actions to establish categorical exclusions that are appropriate given the received comments.
(iii) Within 120 days of the date of this order, and consistent with the directives described in section 7 of this order, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Energy shall identify any existing categorical exclusions that are listed in the NEPA procedures of other agencies and that are relevant to the development of clean energy, electric transmission, or AI data centers and take any appropriate steps to adopt such categorical exclusions where appropriate and consistent with the requirements of NEPA and 40 C.F.R. parts 1500–1508. The Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Energy shall take any appropriate steps to adopt and apply such categorical exclusions to AI infrastructure on Federal sites where consistent with the requirements of NEPA and 40 C.F.R. parts 1500–1508.
(c) Within 180 days of the date of this order, the Secretary of Energy shall issue a request for information on opportunities for accelerated interconnection at existing power plants, including as related to surplus interconnection service and clean repowering. The request shall seek details on the ownership of such plants with surplus interconnection service and the plants' suitability for colocation of new clean power generation resources with shared grid access.
(d) Within 90 days of the date of this order, the Secretary of Energy shall issue a request for information from private-sector entities including transmission providers, transmission organizations, and clean energy developers regarding load interconnection processes. The Secretary shall subsequently engage with transmission providers and transmission organizations regarding best practices to improve the transparency and efficiency of such processes, including through adopting new technologies, software, and procedures. The Secretary shall provide technical assistance and financial assistance to facilitate such adoption, as appropriate. The Secretary shall publish a report describing the results of this work within 1 year of the date of this order.
(e) To promote the expeditious, responsible development of nuclear power generation resources, the Secretary of Defense and the Secretary of Energy shall:
(i) seek to facilitate the deployment of additional nuclear power and, as relevant, supply-chain services on lands owned by, respectively, the Department of Defense and the Department of Energy—including Department of Defense installations and sites owned or managed by the Department of Energy National Laboratories—by, as appropriate and consistent with applicable law, identifying opportunities for such deployment on specific lands to the extent such opportunities exist and, in the case of the Secretary of Energy only, by evaluating whether financial support for such deployment is appropriate;
(ii) within 180 days of the date of this order, coordinate to publish a joint list of ten high-priority sites—or, if fewer than ten appropriate sites exist, as many sites as possible—which may overlap with sites identified and cleared under section 4 of this order, that are most conducive to expeditious, safe, and responsible deployment of additional nuclear power capacity readily available to serve AI data center electricity demand by December 31, 2035, taking into account factors including Federal, State, Tribal, and local ordinances; permitting and other regulatory requirements; water access; climate resilience and natural-hazard risks; and transmission and interconnection dynamics; and
(iii) within 1 year of the date of this order, publish either a joint plan or their own respective plans describing how each Secretary will facilitate deployment of additional nuclear power capacity as described in this subsection on any such sites. Any such plan shall address selection of appropriate nuclear reactor technologies; the licensing and permitting of relevant technologies or facilities; the approach that each Secretary would take to ensure the safe and responsible transportation of uranium and any other radioactive material to the site; the approach that each Secretary would take to ensure the safe and responsible storage or disposal of any spent nuclear fuel; remediation of the site after the plant ceases operation as needed; and any other steps necessary to ensure the deployment will protect public health, safety, and the environment, consistent with all applicable legal requirements and the principles of the document entitled Safely and Responsibly Expanding U.S. Nuclear Energy: Deployment Targets and a Framework for Action (November 2024); and
(iv) when carrying out actions under this subsection, comply with the directives of section 4(k) of this order.
(f) Within 180 days of the date of this order, the Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of Energy, and the White House Council on Supply Chain Resilience, shall submit a report to the President on supply chain risks applicable to the United States data center industry. The report shall include analysis of supply chain risks associated with the materials used to construct and maintain data centers, the electronics necessary to operate a data center, and emerging data center technologies, as well as recommended steps for the Federal Government to take to address identified risks. The report shall also include analysis on supply chain risks applicable to the generation and transmission infrastructure needed to power AI data centers. On an ongoing basis, as appropriate, the Secretary of Commerce shall engage with the private sector to identify emerging supply chain risks that have the potential to undermine the success of the United States AI infrastructure industry—with such success defined to include the industry's commercialization of emerging technologies—and to recommend policy solutions to address identified risks.
(g) Within 180 days of the date of this order, to promote the expeditious, responsible development and deployment of distributed energy solutions that support the development and operation of AI infrastructure, the Secretary of Energy shall develop model contracts for using distributed energy resources (DERs) to increase the local grid's capacity to support AI infrastructure. In developing such contracts, the Secretary shall consider options for cost-effective uses of DERs, including distribution-sited generation resources, energy storage assets, and opportunities for flexible management of electricity demand. The model contracts shall, as appropriate, include clauses providing for the owners of data centers to finance costs incurred by other entities in developing, installing, and operating DERs, consistent with the objective of utilities accounting for these financing activities when processing data center owners' interconnection applications.
(h) By July 31, 2025, the Permitting Council shall engage with developers of AI infrastructure to advance their understanding of resources available under title 41 of the Fixing America's Surface Transportation Act (
(i) Within 180 days of the date of this order, the Secretary of the Army, acting through the Chief of Engineers and Commanding General of the USACE, shall, consistent with applicable law, assess existing nationwide permits (NWPs) to determine how they may be applied to facilitate the construction of AI data centers and develop and publish a list of NWPs that could facilitate such construction. The Secretary of the Army, acting through the Chief of Engineers and Commanding General of the USACE, shall, as appropriate and consistent with applicable law, subsequently establish such new NWPs as expediently as possible.
(j) Within 60 days of the date of this order, the Secretary of Energy shall release for public comment draft reporting requirements for AI data centers covering all phases of AI data centers' development and operation—including material extraction, component fabrication, transportation, construction, operation, recycling, and retirement—regarding embodied greenhouse gas emissions, water usage, and excess heat or energy expenditures, as distinct from operational intensity of greenhouse gas emissions.
(k) Within 60 days of the date of this order, the Secretary of Energy, in coordination with the Administrator of the EPA and the Chair of CEQ, shall establish a grand challenge, serving as a call to voluntary action for appropriate private-sector and other stakeholders, for the purpose of:
(i) setting targets for minimizing the power usage effectiveness ratio and water usage effectiveness ratio of AI data centers, with a goal of bringing the power usage effectiveness ratio of AI data centers on Federal sites below 1.1;
(ii) promoting best practices for the beneficial use of waste heat and other efforts to maximize efficiency;
(iii) promoting best practices for data center energy management and sustainable design and operational practices for data centers that avoid or reduce adverse effects on natural and cultural resources and communities, and that protect public health and the environment;
(iv) raising AI developer and user awareness regarding the comparative energy intensities of different computational tasks; and
(v) developing best practices and standards for software and algorithmic efficiency.
(b) Within 120 days of the date of this order, the Assistant to the President for National Security Affairs shall convene heads of appropriate agencies, to include the Secretary of State, the Secretary of the Treasury, the Secretary of Commerce, the Secretary of Energy, the Chief Executive Officer of the United States International Development Finance Corporation, and the President of the Export-Import Bank of the United States, to identify and implement actions to facilitate United States exports and engagements abroad related to advanced nuclear technologies and relevant supply-chain services.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
Ex. Ord. No. 14179. Removing Barriers to American Leadership in Artificial Intelligence
Ex. Ord. No. 14179, Jan. 23, 2025, 90 F.R. 8741, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
(b) Within 60 days of this order, the OMB Director, in coordination with the APST, shall revise OMB Memoranda M–24–10 and M–24–18 as necessary to make them consistent with the policy set forth in section 2 of this order.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
SUBCHAPTER I—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
§9411. National Artificial Intelligence Initiative
(a) Establishment; purposes
The President shall establish and implement an initiative to be known as the "National Artificial Intelligence Initiative". The purposes of the Initiative shall be to—
(1) ensure continued United States leadership in artificial intelligence research and development;
(2) lead the world in the development and use of trustworthy artificial intelligence systems in the public and private sectors;
(3) prepare the present and future United States workforce for the integration of artificial intelligence systems across all sectors of the economy and society; and
(4) coordinate ongoing artificial intelligence research, development, and demonstration activities among the civilian agencies, the Department of Defense and the Intelligence Community to ensure that each informs the work of the others.
(b) Initiative activities
In carrying out the Initiative, the President, acting through the Initiative Office, the Interagency Committee, and agency heads as the President considers appropriate, shall carry out activities that include the following:
(1) Sustained and consistent support for artificial intelligence research and development through grants, cooperative agreements, testbeds, and access to data and computing resources.
(2) Support for K-12 education and postsecondary educational programs, including workforce training and career and technical education programs, and informal education programs to prepare the American workforce and the general public to be able to create, use, and interact with artificial intelligence systems.
(3) Support for interdisciplinary research, education, and workforce training programs for students and researchers that promote learning in the methods and systems used in artificial intelligence and foster interdisciplinary perspectives and collaborations among subject matter experts in relevant fields, including computer science, mathematics, statistics, engineering, social sciences, health, psychology, behavioral science, ethics, security, legal scholarship, and other disciplines that will be necessary to advance artificial intelligence research and development responsibly.
(4) Interagency planning and coordination of Federal artificial intelligence research, development, demonstration, standards engagement, and other activities under the Initiative, as appropriate.
(5) Outreach to diverse stakeholders, including citizen groups, industry, and civil rights and disability rights organizations, to ensure public input is taken into account in the activities of the Initiative.
(6) Leveraging existing Federal investments to advance objectives of the Initiative.
(7) Support for a network of interdisciplinary artificial intelligence research institutes, as described in
(8) Support opportunities for international cooperation with strategic allies, as appropriate, on the research and development, assessment, and resources for trustworthy artificial intelligence systems.
(c) Limitation
The Initiative shall not impact sources and methods, as determined by the Director of National Intelligence.
(d) Rules of construction
Nothing in this chapter shall be construed as—
(1) modifying any authority or responsibility, including any operational authority or responsibility of any head of a Federal department or agency, with respect to intelligence or the intelligence community, as those terms are defined in
(2) authorizing the Initiative, or anyone associated with its derivative efforts to approve, interfere with, direct or to conduct an intelligence activity, resource, or operation; or
(3) authorizing the Initiative, or anyone associated with its derivative efforts to modify the classification of intelligence information.
(e) Sunset
The Initiative established in this chapter shall terminate on the date that is 10 years after January 1, 2021.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (d) and (e), was in the original "this division", meaning div. E of
1 See References in Text note below.
§9412. National Artificial Intelligence Initiative Office
(a) In general
The Director of the Office of Science and Technology Policy shall establish or designate, and appoint a director of, an office to be known as the "National Artificial Intelligence Initiative Office" to carry out the responsibilities described in subsection (b) with respect to the Initiative. The Initiative Office shall have sufficient staff to carry out such responsibilities, including staff detailed from the Federal departments and agencies described in
(b) Responsibilities
The Director of the Initiative Office shall—
(1) provide technical and administrative support to the Interagency Committee and the Advisory Committee;
(2) serve as the point of contact on Federal artificial intelligence activities for Federal departments and agencies, industry, academia, nonprofit organizations, professional societies, State governments, and such other persons as the Initiative Office considers appropriate to exchange technical and programmatic information;
(3) conduct regular public outreach to diverse stakeholders, including civil rights and disability rights organizations; and
(4) promote access to the technologies, innovations, best practices, and expertise derived from Initiative activities to agency missions and systems across the Federal Government.
(c) Funding estimate
The Director of the Office of Science and Technology Policy, in coordination with each participating Federal department and agency, as appropriate, shall develop and annually update an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office and submit such estimate with an agreed summary of contributions from each agency to Congress as part of the President's annual budget request to Congress.
(
§9413. Coordination by Interagency Committee
(a) Interagency Committee
The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish or designate an Interagency Committee to coordinate Federal programs and activities in support of the Initiative.
(b) Co-chairs
The Interagency Committee shall be co-chaired by the Director of the Office of Science and Technology Policy and, on an annual rotating basis, a representative from the Department of Commerce, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science and Technology Policy.
(c) Agency participation
The Committee shall include representatives from Federal agencies as considered appropriate by determination and agreement of the Director of the Office of Science and Technology Policy and the head of the affected agency.
(d) Responsibilities
The Interagency Committee shall—
(1) provide for interagency coordination of Federal artificial intelligence research, development, and demonstration activities and education and workforce training activities and programs of Federal departments and agencies undertaken pursuant to the Initiative;
(2) not later than 2 years after January 1, 2021, develop a strategic plan for artificial intelligence (to be updated not less than every 3 years) that establishes goals, priorities, and metrics for guiding and evaluating how the agencies carrying out the Initiative will—
(A) determine and prioritize areas of artificial intelligence research, development, and demonstration requiring Federal Government leadership and investment;
(B) support long-term funding for interdisciplinary artificial intelligence research, development, demonstration, and education;
(C) support research and other activities on ethical, legal, environmental, safety, security, bias, and other appropriate societal issues related to artificial intelligence;
(D) provide or facilitate the availability of curated, standardized, secure, representative, aggregate, and privacy-protected data sets for artificial intelligence research and development;
(E) provide or facilitate the necessary computing, networking, and data facilities for artificial intelligence research and development;
(F) support and coordinate Federal education and workforce training activities related to artificial intelligence; and
(G) support and coordinate the network of artificial intelligence research institutes described in
(3) as part of the President's annual budget request to Congress, propose an annually coordinated interagency budget for the Initiative to the Office of Management and Budget that is intended to ensure that the balance of funding across the Initiative is sufficient to meet the goals and priorities established for the Initiative; and
(4) in carrying out this section, take into consideration the recommendations of the Advisory Committee, existing reports on related topics, and the views of academic, State, industry, and other appropriate groups.
(e) Annual report
For each fiscal year beginning with fiscal year 2022, not later than 90 days after submission of the President's annual budget request for such fiscal year, the Interagency Committee shall prepare and submit to the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Transportation and Infrastructure, the Committee on Armed Services, the House Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Health, Education, Labor, and Pensions, the Committee on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, the Committee on Armed Services, the Senate Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Appropriations of the Senate a report that includes a summarized budget in support of the Initiative for such fiscal year and the preceding fiscal year, including a disaggregation of spending and a description of any Institutes established under
(
§9414. National Artificial Intelligence Advisory Committee
(a) In general
The Secretary of Commerce shall, in consultation with the Director of the Office of Science and Technology Policy, the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Attorney General, and the Director of National Intelligence establish an advisory committee to be known as the "National Artificial Intelligence Advisory Committee".
(b) Qualifications
The Advisory Committee shall consist of members, appointed by the Secretary of Commerce, who are representing broad and interdisciplinary expertise and perspectives, including from academic institutions, companies across diverse sectors, nonprofit and civil society entities, including civil rights and disability rights organizations, and Federal laboratories, who are representing geographic diversity, and who are qualified to provide advice and information on science and technology research, development, ethics, standards, education, technology transfer, commercial application, security, and economic competitiveness related to artificial intelligence.
(c) Membership consideration
In selecting the members of the Advisory Committee, the Secretary of Commerce shall seek and give consideration to recommendations from Congress, industry, nonprofit organizations, the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, and academic institutions), the defense and law enforcement communities, and other appropriate organizations.
(d) Duties
The Advisory Committee shall advise the President and the Initiative Office on matters related to the Initiative, including recommendations related to—
(1) the current state of United States competitiveness and leadership in artificial intelligence, including the scope and scale of United States investments in artificial intelligence research and development in the international context;
(2) the progress made in implementing the Initiative, including a review of the degree to which the Initiative has achieved the goals according to the metrics established by the Interagency Committee under
(3) the state of the science around artificial intelligence, including progress toward artificial general intelligence;
(4) issues related to artificial intelligence and the United States workforce, including matters relating to the potential for using artificial intelligence for workforce training, the possible consequences of technological displacement, and supporting workforce training opportunities for occupations that lead to economic self-sufficiency for individuals with barriers to employment and historically underrepresented populations, including minorities, Indians (as defined in
(5) how to leverage the resources of the initiative to streamline and enhance operations in various areas of government operations, including health care, cybersecurity, infrastructure, and disaster recovery;
(6) the need to update the Initiative;
(7) the balance of activities and funding across the Initiative;
(8) whether the strategic plan developed or updated by the Interagency Committee established under
(9) the management, coordination, and activities of the Initiative;
(10) whether ethical, legal, safety, security, and other appropriate societal issues are adequately addressed by the Initiative;
(11) opportunities for international cooperation with strategic allies on artificial intelligence research activities, standards development, and the compatibility of international regulations;
(12) accountability and legal rights, including matters relating to oversight of artificial intelligence systems using regulatory and nonregulatory approaches, the responsibility for any violations of existing laws by an artificial intelligence system, and ways to balance advancing innovation while protecting individual rights; and
(13) how artificial intelligence can enhance opportunities for diverse geographic regions of the United States, including urban, Tribal, and rural communities.
(e) Subcommittee on artificial intelligence and law enforcement
(1) Establishment
The chairperson of the Advisory Committee shall establish a subcommittee on matters relating to the development of artificial intelligence relating to law enforcement matters.
(2) Advice
The subcommittee shall provide advice to the President on matters relating to the development of artificial intelligence relating to law enforcement, including advice on the following:
(A) Bias, including whether the use of facial recognition by government authorities, including law enforcement agencies, is taking into account ethical considerations and addressing whether such use should be subject to additional oversight, controls, and limitations.
(B) Security of data, including law enforcement's access to data and the security parameters for that data.
(C) Adoptability, including methods to allow the United States Government and industry to take advantage of artificial intelligence systems for security or law enforcement purposes while at the same time ensuring the potential abuse of such technologies is sufficiently mitigated.
(D) Legal standards, including those designed to ensure the use of artificial intelligence systems are consistent with the privacy 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 submit to the President, the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the House Permanent Select 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 Security and Governmental Affairs, the Committee on the Judiciary, and the Committee on Armed Services of the Senate, a report on the Advisory Committee's findings and recommendations under subsection (d) and subsection (e).
(g) Travel expenses of non-Federal members
Non-Federal members of the Advisory Committee, while attending meetings of the Advisory Committee or while otherwise serving at the request of the head of the Advisory Committee away from their homes or regular places of business, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by
(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.
(
Editorial Notes
References in Text
The Federal Advisory Committee Act, referred to in subsec. (h), is
1 See References in Text note below.
§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 establish a task force—
(i) to investigate the feasibility and advisability 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 subparagraph (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 experts in artificial intelligence or related subjects, of whom—
(i) 4 shall be representatives from the Interagency Committee established in
(ii) 4 shall be representatives from institutions of higher education; and
(iii) 4 shall be representatives from private 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 appointed 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 National Sciences Foundation,1 or their designees, 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, including per diem in lieu of subsistence, at rates authorized for employees under subchapter I of
(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 Intelligence 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 Intelligence Research Resource and metrics for success.
(B) A plan for ownership and administration of the National Artificial Intelligence Research Resource, including—
(i) an appropriate agency or organization responsible for the implementation, deployment, and administration of the Resource; and
(ii) a governance structure for the Resource, including oversight and decision-making authorities.
(C) A model for governance and oversight to establish strategic direction, make programmatic decisions, and manage the allocation 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 resources, 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 Intelligence Research Resource.
(F) An assessment of security requirements associated with the National Artificial Intelligence Research Resource and its research and a recommendation for a framework for the management of access controls.
(G) An assessment of privacy and civil rights and civil liberties requirements associated with the National Artificial Intelligence Research Resource and its research.
(H) A plan for sustaining the Resource, including through Federal funding and partnerships with the private sector.
(I) Parameters for the establishment and sustainment of the National Artificial Intelligence Research Resource, including agency roles and responsibilities and milestones to implement the Resource.
(c) Consultations
In conducting its duties required under subsection (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, Engineering, 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 organizations.
(15) Such other persons as the Task Force considers appropriate.
(d) Staff
Staff of the Task Force shall comprise detailees with expertise in artificial intelligence, 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, conclusions, and recommendations of the Task Force. The report shall include specific recommendations regarding steps the Task Force believes necessary for the establishment and sustainment of a National Artificial Intelligence 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 findings, conclusions, and recommendations of the Task Force, including the specific recommendations required by subsection (b).
(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 National 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 access to compute resources, co-located with publicly-available, artificial intelligence-ready government and non-government data sets and a research environment with appropriate 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 Resource, and for providing staff support to that effort.
(
Editorial Notes
References in Text
Enactment of this Act, referred to in subsec. (a)(2)(B), means the enactment of
1 So in original. Probably should be "National Science Foundation,".
2 So in original. The semicolon probably should be a period.
SUBCHAPTER II—NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
§9431. National Artificial Intelligence Research Institutes
(a) In general
Subject to the availability of funds appropriated for this purpose, the Director of the National Science Foundation shall establish a program to award financial assistance for the planning, 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 Institutes
(1) In general
Subject to the availability of funds appropriated for this purpose, the Secretary of Energy, the Secretary of Commerce, the Director of the National Science Foundation, and every other agency head may award financial assistance to an eligible entity, or consortia thereof, as determined by an agency head, to establish 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 sector, including health, education, manufacturing, 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 artificial intelligence systems, including trustworthiness, or foundational science;
(B) requires partnership among public and private organizations, including, as appropriate, Federal agencies, institutions of higher education, including community colleges, nonprofit research organizations, Federal 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 innovation ecosystem, or enhance existing ecosystems, 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 development, research experiences, and faculty professional development across undergraduate, graduate, and professional academic programs; and
(F) supports workforce development in artificial intelligence related disciplines in the United States, including increasing participation of historically underrepresented communities.
(3) Use of funds
Financial assistance awarded under paragraph (1) may be used by an Institute for—
(A) managing and making available to researchers accessible, curated, standardized, secure, and privacy protected data sets from the public and private sectors for the purposes of training and testing artificial intelligence systems and for research using artificial intelligence systems, pursuant to subsections (c), (e), and (f) of
(B) developing and managing testbeds for artificial intelligence systems, including sector-specific test beds, designed to enable users to evaluate artificial intelligence systems prior to deployment;
(C) conducting research and education activities involving artificial intelligence systems to solve challenges with social, economic, health, scientific, and national security implications;
(D) providing or brokering access to computing resources, networking, and data facilities for artificial intelligence research and development relevant to the Institute's research goals;
(E) providing technical assistance to users, including software engineering support, for artificial intelligence research and development relevant to the Institute's research goals;
(F) engaging in outreach and engagement to broaden participation in artificial intelligence research and the artificial intelligence workforce; and
(G) such other activities that an agency head, whose agency's missions contribute to or are affected by artificial intelligence, considers consistent with the purposes described in
(4) Duration
(A) Initial periods
An award of financial assistance under paragraph (1) shall be awarded for an initial period of 5 years.
(B) Extension
An established Institute may apply for, and the agency head may grant, extended funding for periods of 5 years on a merit-reviewed basis using the merit review criteria of the sponsoring agency.
(5) Application for financial assistance
A person seeking financial assistance under paragraph (1) shall submit to an agency head an application at such time, in such manner, and containing such information as the agency head may require.
(6) Competitive, merit review
In awarding financial assistance under paragraph (1), the agency head shall—
(A) use a competitive, merit review process that includes peer review by a diverse group of individuals with relevant expertise from both the private and public sectors; and
(B) ensure the focus areas of the Institute do not substantially and unnecessarily duplicate the efforts of any other Institute.
(7) Collaboration
(A) In general
In awarding financial assistance under paragraph (1), an agency head may collaborate with Federal departments and agencies whose missions contribute to or are affected by artificial intelligence systems.
(B) Coordinating network
The Director of the National Science Foundation shall establish a network of Institutes receiving financial assistance under this subsection, to be known as the "Artificial Intelligence Leadership Network", to coordinate cross-cutting research and other activities carried out by the Institutes.
(8) Limitation
No funds authorized in this subchapter shall be awarded to Institutes outside of the United States. All awardees and subawardees for such Institute shall be based in the United States, in addition to any other eligibility criteria as established by each agency head.
(
Editorial Notes
References in Text
Section 5301 of this division, referred to in subsec. (b)(3)(A), means section 5301 of div. E of
SUBCHAPTER III—DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES
§9441. Stakeholder outreach
In carrying out the activities under
(1) solicit input from university researchers, private sector experts, relevant Federal agencies, Federal laboratories, State, Tribal, and local governments, civil society groups, and other relevant stakeholders;
(2) solicit input from experts in relevant fields of social science, technology ethics, and law; and
(3) provide opportunity for public comment on guidelines and best practices developed as part of the Initiative, as appropriate.
(
Editorial Notes
References in Text
1 See References in Text note below.
§9442. National Oceanic and Atmospheric Administration Artificial Intelligence Center
(a) In general
The Administrator of the National Oceanic and Atmospheric Administration (hereafter referred to as "the Administrator") shall establish,1 a Center for Artificial Intelligence (hereafter referred to as "the Center").
(b) Center goals
The goals of the Center shall be to—
(1) coordinate and facilitate the scientific and technological efforts related to artificial intelligence across the National Oceanic and Atmospheric Administration; and
(2) expand external partnerships, and build workforce proficiency to effectively transition artificial intelligence research and applications to operations.
(c) Comprehensive program
Through the Center, the Administrator shall implement a comprehensive program to improve the use of artificial intelligence systems across the agency in support of the mission of the National Oceanic and Atmospheric Administration.
(d) Center priorities
The priorities of the Center shall be to—
(1) coordinate and facilitate artificial intelligence research and innovation, tools, systems, and capabilities across the National Oceanic and Atmospheric Administration;
(2) establish data standards and develop and maintain a central repository for agency-wide artificial intelligence applications;
(3) accelerate the transition of artificial intelligence research to applications in support of the mission of the National Oceanic and Atmospheric Administration;
(4) develop and conduct training for the workforce of the National Oceanic and Atmospheric Administration related to artificial intelligence research and application of artificial intelligence for such agency;
(5) facilitate partnerships between the National Oceanic and Atmospheric Administration and other public sector organizations, private sector organizations, and institutions of higher education for research, personnel exchange, and workforce development with respect to artificial intelligence systems; and
(6) make data of the National Oceanic and Atmospheric Administration accessible, available, and ready for artificial intelligence applications.
(e) Stakeholder engagement
In carrying out the activities authorized in this section, the Administrator shall—
(1) collaborate with a diverse set of stakeholders including private sector entities and institutions of higher education;
(2) leverage the collective body of research on artificial intelligence and machine learning; and
(3) engage with relevant Federal agencies, research communities, and potential users of data and methods made available through the Center.
(f) Authorization of appropriations
There are authorized to be appropriated to the Administrator to carry out this section $10,000,000 for fiscal year 2021.
(g) Protection of national security interests
(1) In general
Notwithstanding any other provision of this section, the Administrator, in consultation with the Secretary of Defense as appropriate, may withhold models or data used by the Center if the Administrator determines doing so to be necessary to protect the national security interests of the United States.
(2) Rule of construction
Nothing in this section shall be construed to supersede any other provision of law governing the protection of the national security interests of the United States.
(
1 So in original. The comma probably should not appear.
SUBCHAPTER IV—NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE ACTIVITIES
§9451. Artificial intelligence research and education
(a) In general
the 1 Director of the National Science Foundation shall fund research and education activities in artificial intelligence systems and related fields, including competitive awards or grants to institutions of higher education or eligible nonprofit organizations (or consortia thereof).
(b) Uses of funds
In carrying out the activities under subsection (a), the Director of the National Science Foundation shall—
(1) support research, including interdisciplinary research, on artificial intelligence systems and related areas, including fields and research areas that will contribute to the development and deployment of trustworthy artificial intelligence systems, and fields and research areas that address the application of artificial intelligence systems to scientific discovery and societal challenges;
(2) use the existing programs of the National Science Foundation, in collaboration with other Federal departments and agencies, as appropriate to—
(A) improve the teaching and learning of topics related to artificial intelligence systems in K-12 education and postsecondary educational programs, including workforce training and career and technical education programs, undergraduate and graduate education programs, and in informal settings; and
(B) increase participation in artificial intelligence related fields, including by individuals identified in
(3) support partnerships among institutions of higher education, Federal laboratories, nonprofit organizations, State, local, and Tribal governments, industry, and potential users of artificial intelligence systems that facilitate collaborative research, personnel exchanges, and workforce development and identify emerging research needs with respect to artificial intelligence systems;
(4) ensure adequate access to research and education infrastructure with respect to artificial intelligence systems, which may include the development of new computing resources and partnership with the private sector for the provision of cloud-based computing services;
(5) conduct prize competitions, as appropriate, pursuant to
(6) coordinate research efforts funded through existing programs across the directorates of the National Science Foundation;
(7) provide guidance on data sharing by grantees to public and private sector organizations consistent with the standards and guidelines developed under
(8) evaluate opportunities for international collaboration with strategic allies on artificial intelligence research and development.
(c) Engineering support
In general, the Director shall permit applicants to include in their proposed budgets funding for software engineering support to assist with the proposed research.
(d) Ethics
(1) Sense of Congress
It is the sense of Congress that—
(A) a number of emerging areas of research, including artificial intelligence, have potential ethical, social, safety, and security risks that might be apparent as early as the basic research stage;
(B) the incorporation of ethical, social, safety, and security considerations into the research design and review process for Federal awards may help mitigate potential harms before they happen;
(C) the National Science Foundation's agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study and make recommendations with respect to governance of research in computing and computing technologies is a positive step toward accomplishing this goal; and
(D) the National Science Foundation should continue to work with stakeholders to understand and adopt policies that promote best practices for governance of research in emerging technologies at every stage of research.
(2) Report on ethics statements
No later than 6 months after publication of the study described in paragraph (1)(C), the Director shall report to Congress on options for requiring an ethics or risk statement as part of all or a subset of applications for research funding to the National Science Foundation.
(e) Education
(1) In general
The Director of the National Science Foundation shall award grants for artificial intelligence education research, development and related activities to support K-12 and postsecondary education programs and activities, including workforce training and career and technical education programs and activities, undergraduate, graduate, and postdoctoral education, and informal education programs and activities that—
(A) support the development of a diverse workforce pipeline for science and technology with respect to artificial intelligence systems;
(B) increase awareness of potential ethical, social, safety, and security risks of artificial intelligence systems;
(C) promote curriculum development for teaching topics related to artificial intelligence, including in the field of technology ethics;
(D) support efforts to achieve equitable access to K-12 artificial intelligence education in diverse geographic areas and for populations historically underrepresented in science, engineering, and artificial intelligence fields; and
(E) promote the widespread understanding of artificial intelligence principles and methods to create an educated workforce and general public able to use products enabled by artificial intelligence systems and adapt to future societal and economic changes caused by artificial intelligence systems.
(2) Artificial intelligence faculty fellowships
(A) Faculty recruitment fellowships
(i) In general
The Director of the National Science Foundation shall establish a program to award grants to eligible institutions of higher education to recruit and retain tenure-track or tenured faculty in artificial intelligence and related fields.
(ii) Use of funds
An institution of higher education shall use grant funds provided under clause (i) for the purposes of—
(I) recruiting new tenure-track or tenured faculty members that conduct research and teaching in artificial intelligence and related fields and research areas, including technology ethics; and
(II) paying salary and benefits for the academic year of newly recruited tenure-track or tenured faculty members for a duration of up to three years.
(iii) Eligible institutions of higher education
For purposes of this subparagraph, an eligible institution of higher education is—
(I) a Historically Black College and University (within the meaning of the term "part B institution" under
(II) an institution classified under the Carnegie Classification of Institutions of Higher Education as a doctorate-granting university with a high level of research activity; or
(III) an institution located in a State jurisdiction eligible to participate in the National Science Foundation's Established Program to Stimulate Competitive Research.
(B) Faculty technology ethics fellowships
(i) In general
The Director of the National Science Foundation shall establish a program to award fellowships to tenure-track and tenured faculty in social and behavioral sciences, ethics, law, and related fields to develop new research projects and partnerships in technology ethics.
(ii) Purposes
The purposes of such fellowships are to enable researchers in social and behavioral sciences, ethics, law, and related fields to establish new research and education partnerships with researchers in artificial intelligence and related fields; learn new techniques and acquire systematic knowledge in artificial intelligence and related fields; and mentor and advise graduate students and postdocs pursuing research in technology ethics.
(iii) Uses of funds
A fellowship may include salary and benefits for up to one academic year, expenses to support coursework or equivalent training in artificial intelligence systems, and additional such expenses that the Director deems appropriate.
(C) Omitted
(3) Update to advanced technological education program
(A) Omitted
(B) Artificial intelligence centers of excellence
The Director of the National Science Foundation shall establish national centers of scientific and technical education to advance education and workforce development in areas related to artificial intelligence pursuant to
(i) the development, dissemination, and evaluation of curriculum and other educational tools and methods in artificial intelligence related fields and research areas, including technology ethics;
(ii) the development and evaluation of artificial intelligence related certifications for 2-year programs; and
(iii) interdisciplinary science and engineering research in employment-based adult learning and career retraining related to artificial intelligence fields.
(f) National Science Foundation pilot program of grants for research in rapidly evolving, high priority topics
(1) Pilot program required
The Director of the National Science Foundation shall establish a pilot program to assess the feasibility and advisability of awarding grants for the conduct of research in rapidly evolving, high priority topics using funding mechanisms that require brief project descriptions and internal merit review, and that may include accelerated external review.
(2) Duration
(A) In general
The Director shall carry out the pilot program required by paragraph (1) during the 5-year period beginning on Janaury 1, 2021.
(B) Assessment and continuation authority
After the period set forth in paragraph (2)(A)—
(i) the Director shall assess the pilot program; and
(ii) if the Director determines that it is both feasible and advisable to do so, the Director may continue the pilot program.
(3) Grants
In carrying out the pilot program, the Director shall award grants for the conduct of research in topics selected by the Director in accordance with paragraph (4).
(4) Topic selection
The Director shall select topics for research under the pilot program in accordance with the following:
(A) The Director shall select artificial intelligence as the initial topic for the pilot program.
(B) The Director may select additional topics that the Director determines are—
(i) rapidly evolving; and
(ii) of high importance to the economy and security of the United States.
(g) Authorization of appropriations
There are authorized to be appropriated to the National Science Foundation to carry out this section—
(1) $868,000,000 for fiscal year 2021;
(2) $911,400,000 for fiscal year 2022;
(3) $956,970,000 for fiscal year 2023;
(4) $1,004,820,000 for fiscal year 2024; and
(5) $1,055,060,000 for fiscal year 2025.
(
Editorial Notes
References in Text
Section 5301 of this division, referred to in subsec. (b)(7), means section 5301 of div. E of
Codification
Section is comprised of section 5401 of
SUBCHAPTER V—DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
§9461. Department of Energy artificial intelligence research program
(a) In general
The Secretary shall carry out a cross-cutting research and development program to advance artificial intelligence tools, systems, capabilities, and workforce needs and to improve the reliability of artificial intelligence methods and solutions relevant to the mission of the Department. In carrying out this program, the Secretary shall coordinate across all relevant offices and programs at the Department, including the Office of Science, the Office of Energy Efficiency and Renewable Energy, the Office of Nuclear Energy, the Office of Fossil Energy, the Office of Electricity, the Office of Cybersecurity, Energy Security, and Emergency Response, the Advanced Research Projects Agency-Energy, and any other relevant office determined by the Secretary.
(b) Research areas
In carrying out the program under subsection (a), the Secretary shall award financial assistance to eligible entities to carry out research projects on topics including—
(1) the application of artificial intelligence systems to improve large-scale simulations of natural and other phenomena;
(2) the study of applied mathematics, computer science, and statistics, including foundations of methods and systems of artificial intelligence, causal and statistical inference, and the development of algorithms for artificial intelligence systems;
(3) the analysis of existing large-scale datasets from science and engineering experiments and simulations, including energy simulations and other priorities at the Department as determined by the Secretary using artificial intelligence tools and techniques;
(4) the development of operation and control systems that enhance automated, intelligent decisionmaking capabilities;
(5) the development of advanced computing hardware and computer architecture tailored to artificial intelligence systems, including the codesign of networks and computational hardware;
(6) the development of standardized datasets for emerging artificial intelligence research fields and applications, including methods for addressing data scarcity; and
(7) the development of trustworthy artificial intelligence systems, including—
(A) algorithmic explainability;
(B) analytical methods for identifying and mitigating bias in artificial intelligence systems; and
(C) safety and robustness, including assurance, verification, validation, security, and control.
(c) Technology transfer
In carrying out the program under subsection (a), the Secretary shall support technology transfer of artificial intelligence systems for the benefit of society and United States economic competitiveness.
(d) Facility use and upgrades
In carrying out the program under subsection (a), the Secretary shall—
(1) make available high-performance computing infrastructure at national laboratories;
(2) make any upgrades necessary to enhance the use of existing computing facilities for artificial intelligence systems, including upgrades to hardware;
(3) establish new computing capabilities necessary to manage data and conduct high performance computing that enables the use of artificial intelligence systems; and
(4) maintain and improve, as needed, networking infrastructure, data input and output mechanisms, and data analysis, storage, and service capabilities.
(e) Report on ethics statements
Not later than 6 months after publication of the study described in
(f) Risk management
The Secretary shall review agency policies for risk management in artificial intelligence related projects and issue as necessary policies and principles that are consistent with the framework developed under
(g) Data privacy and sharing
The Secretary shall review agency policies for data sharing with other public and private sector organizations and issue as necessary policies and principles that are consistent with the standards and guidelines submitted under
(h) Partnerships with other Federal agencies
The Secretary may request, accept, and provide funds from other Federal departments and agencies, State, United States territory, local, or Tribal government agencies, private sector for-profit entities, and nonprofit entities, to be available to the extent provided by appropriations Acts, to support a research project or partnership carried out under this section. The Secretary may not give any special consideration to any agency or entity in return for a donation.
(i) Stakeholder engagement
In carrying out the activities authorized in this section, the Secretary shall—
(1) collaborate with a range of stakeholders including small businesses, institutes of higher education, industry, and the National Laboratories;
(2) leverage the collective body of knowledge from existing artificial intelligence and machine learning research; and
(3) engage with other Federal agencies, research communities, and potential users of information produced under this section.
(j) Definitions
In this section:
(1) Secretary
The term "Secretary" means the Secretary of Energy.
(2) Department
The term "Department" means the Department of Energy.
(3) National laboratory
The term "national laboratory" has the meaning given such term in
(4) Eligible entities
The term "eligible entities" means—
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a nonprofit research organization;
(F) a private sector entity; or
(G) a consortium of 2 or more entities described in subparagraphs (A) through (F).
(k) Authorization of appropriations
There are authorized to be appropriated to the Department to carry out this section—
(1) $200,000,000 for fiscal year 2021;
(2) $214,000,000 for fiscal year 2022;
(3) $228,980,000 for fiscal year 2023;
(4) $245,000,000 for fiscal year 2024; and
(5) $262,160,000 for fiscal year 2025.
(
Editorial Notes
References in Text
Section 5301 of this division, referred to in subsecs. (f) and (g), means section 5301 of div. E of
Statutory Notes and Related Subsidiaries
Transformational Artificial Intelligence Models
"(a)
"(1)
"(2)
"(b)
"(1) mobilize National Laboratories to partner with industry sectors within the United States to curate the scientific data of the Department of Energy across the National Laboratory complex so that the data is structured, cleaned, and preprocessed in a way that makes it suitable for use in artificial intelligence and machine learning models; and
"(2) initiate seed efforts for self-improving artificial intelligence models for science and engineering powered by the data described in paragraph (1).
"(c)
"(1)
"(2)
"(d)
§9462. Veterans' health initiative
(a) Purposes
The purposes of this section are to advance Department of Energy expertise in artificial intelligence and high-performance computing in order to improve health outcomes for veteran populations by—
(1) supporting basic research through the application of artificial intelligence, high-performance computing, modeling and simulation, machine learning, and large-scale data analytics to identify and solve outcome-defined challenges in the health sciences;
(2) maximizing the impact of the Department of Veterans Affairs' health and genomics data housed at the National Laboratories, as well as data from other sources, on science, innovation, and health care outcomes through the use and advancement of artificial intelligence and high-performance computing capabilities of the Department;
(3) promoting collaborative research through the establishment of partnerships to improve data sharing between Federal agencies, National Laboratories, institutions of higher education, and nonprofit institutions;
(4) establishing multiple scientific computing user facilities to house and provision available data to foster transformational outcomes; and
(5) driving the development of technology to improve artificial intelligence, high-performance computing, and networking relevant to mission applications of the Department, including modeling, simulation, machine learning, and advanced data analytics.
(b) Veterans health research and development
(1) In general
The Secretary of Energy (in this section referred to as the "Secretary") shall establish and carry out a research program in artificial intelligence and high-performance computing, focused on the development of tools to solve large-scale data analytics and management challenges associated with veteran's healthcare, and to support the efforts of the Department of Veterans Affairs to identify potential health risks and challenges utilizing data on long-term healthcare, health risks, and genomic data collected from veteran populations. The Secretary shall carry out this program through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
(2) Program components
In carrying out the program established under paragraph (1), the Secretary may—
(A) conduct basic research in modeling and simulation, machine learning, large-scale data analytics, and predictive analysis in order to develop novel or optimized algorithms for prediction of disease treatment and recovery;
(B) develop methods to accommodate large data sets with variable quality and scale, and to provide insight and models for complex systems;
(C) develop new approaches and maximize the use of algorithms developed through artificial intelligence, machine learning, data analytics, natural language processing, modeling and simulation, and develop new algorithms suitable for high-performance computing systems and large biomedical data sets;
(D) advance existing and construct new data enclaves capable of securely storing data sets provided by the Department of Veterans Affairs, Department of Defense, and other sources; and
(E) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities.
(3) Coordination
In carrying out the program established under paragraph (1), the Secretary is authorized—
(A) to enter into memoranda of understanding in order to carry out reimbursable agreements with the Department of Veterans Affairs and other entities in order to maximize the effectiveness of Department research and development to improve veterans' healthcare;
(B) to consult with the Department of Veterans Affairs and other Federal agencies as appropriate; and
(C) to ensure that data storage meets all privacy and security requirements established by the Department of Veterans Affairs, and that access to data is provided in accordance with relevant Department of Veterans Affairs data access policies, including informed consent.
(4) Report
Not later than 2 years after December 27, 2020, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Veterans' Affairs of the Senate, and the Committee on Science, Space, and Technology and the Committee on Veterans' Affairs of the House of Representatives, a report detailing the effectiveness of—
(A) the interagency coordination between each Federal agency involved in the research program carried out under this subsection;
(B) collaborative research achievements of the program; and
(C) potential opportunities to expand the technical capabilities of the Department.
(5) Funding
There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out this subsection $27,000,000 for fiscal year 2021.
(c) Interagency collaboration
(1) In general
The Secretary is authorized to carry out research, development, and demonstration activities to develop tools to apply to big data that enable Federal agencies, institutions of higher education, nonprofit research organizations, and industry to better leverage the capabilities of the Department to solve complex, big data challenges. The Secretary shall carry out these activities through a competitive, merit-reviewed process, and consider applications from National Laboratories, institutions of higher education, multi-institutional collaborations, and other appropriate entities.
(2) Activities
In carrying out the research, development, and demonstration activities authorized under paragraph (1), the Secretary may—
(A) utilize all available mechanisms to prevent duplication and coordinate research efforts across the Department;
(B) establish multiple user facilities to serve as data enclaves capable of securely storing data sets created by Federal agencies, institutions of higher education, nonprofit organizations, or industry at National Laboratories; and
(C) promote collaboration and data sharing between National Laboratories, research entities, and user facilities of the Department by providing the necessary access and secure data transfer capabilities.
(3) Report
Not later than 2 years after December 27, 2020, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report evaluating the effectiveness of the activities authorized under paragraph (1).
(4) Funding
There are authorized to be appropriated to the Secretary to carry out this subsection $15,000,000 for each of fiscal years 2021 through 2025.
(d) Definition
In this section, the term "National Laboratory" has the meaning given such term in
(
Editorial Notes
Codification
Section was formerly classified to
Section was enacted as part of the Energy Act of 2020, and not as part of the National Artificial Intelligence Initiative Act of 2020 which comprises this chapter.