§ 9401. Definitions

Type Statute
Publication 2026-03-26
State In force
Department United States Congress
Source OLRC
articles 2
Reform history JSON API

(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.

Sec. 9. Additional Efforts to Improve Permitting and Power Procurement Nationwide. (a) The heads of Federal Permitting Agencies shall designate, with respect to each of their component agencies, dedicated staff to handle all matters related to permits and approvals for AI infrastructure. Such designations shall include personnel dedicated to coordinating with and addressing the needs of applicants for permits under the respective agency’s purview. In designating such personnel, the heads of Federal Permitting Agencies shall, as appropriate, implement staffing arrangements and other mechanisms that accelerate permitting for AI infrastructure to the maximum extent possible.

(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 (Public Law 114–94) [42 U.S.C. 4370m et seq.] to accelerate permitting processes and reviews for clean energy projects that are part of AI infrastructure on Federal sites. As part of this work, the Permitting Council, in consultation with the White House Task Force on AI Datacenter Infrastructure announced on October 29, 2024, shall endeavor to engage small developers of AI infrastructure.

(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.

Sec. 10. Engagement Abroad. (a) Within 90 days of the date of this order, the Secretary of State, in consultation with the Secretary of Defense, the Secretary of Commerce, the Secretary of Energy, the Administrator of the United States Agency for International Development, the Assistant to the President for National Security Affairs, and the heads of other relevant agencies as the Secretary of State may deem appropriate, shall develop a plan for engaging allies and partners on accelerating the buildout of trusted AI infrastructure around the world. Such a plan shall include measures to advance collaboration on the global buildout of trusted AI infrastructure; mitigate and prevent harms to local and affected communities; engage the private sector and investor community to identify and mitigate barriers to AI infrastructure investments; support the deployment of commercially available reliable clean power sources and the development and commercialization of emerging clean energy technologies, such as small modular nuclear reactors; exchange best practices for permitting, power procurement, and cultivating talent to build, operate, and maintain trusted AI infrastructure; and strengthen cyber, physical, and supply chain security safeguards related to AI infrastructure. Within 1 year of the date of this order, the Secretary of State shall submit to the Assistant to the President for National Security Affairs a report on actions taken pursuant to this plan.

(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.

Sec. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(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.

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:

Section 1. Purpose. The United States has long been at the forefront of artificial intelligence (AI) innovation, driven by the strength of our free markets, world-class research institutions, and entrepreneurial spirit. To maintain this leadership, we must develop AI systems that are free from ideological bias or engineered social agendas. With the right Government policies, we can solidify our position as the global leader in AI and secure a brighter future for all Americans. This order revokes certain existing AI policies and directives that act as barriers to American AI innovation, clearing a path for the United States to act decisively to retain global leadership in artificial intelligence.

Sec. 2. Policy. It is the policy of the United States to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.

Sec. 3. Definition. For the purposes of this order, “artificial intelligence” or “AI” has the meaning set forth in 15 U.S.C. 9401(3).

Sec. 4. Developing an Artificial Intelligence Action Plan. (a) Within 180 days of this order [Jan. 23, 2025], the Assistant to the President for Science and Technology (APST), the Special Advisor for AI and Crypto, and the Assistant to the President for National Security Affairs (APNSA), in coordination with the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, the Director of the Office of Management and Budget (OMB Director), and the heads of such executive departments and agencies (agencies) as the APST and APNSA deem relevant, shall develop and submit to the President an action plan to achieve the policy set forth in section 2 of this order.

Sec. 5. Implementation of Order Revocation. (a) The APST, the Special Advisor for AI and Crypto, and the APNSA shall immediately review, in coordination with the heads of all agencies as they deem relevant, all policies, directives, regulations, orders, and other actions taken pursuant to the revoked Executive Order 14110 of October 30, 2023 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence) [formerly set out above]. The APST, the Special Advisor for AI and Crypto, and the APNSA shall, in coordination with the heads of relevant agencies, identify any actions taken pursuant to Executive Order 14110 that are or may be inconsistent with, or present obstacles to, the policy set forth in section 2 of this order. For any such agency actions identified, the heads of agencies shall, as appropriate and consistent with applicable law, suspend, revise, or rescind such actions, or propose suspending, revising, or rescinding such actions. If in any case such suspension, revision, or rescission cannot be finalized immediately, the APST and the heads of agencies shall promptly take steps to provide all available exemptions authorized by any such orders, rules, regulations, guidelines, or policies, as appropriate and consistent with applicable law, until such action can be finalized.

(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.

Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(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.

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