[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Presidential Documents]
[Pages 5469-5489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01395]
Presidential Documents
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 5469]]
Executive Order 14141 of January 14, 2025
Advancing United States Leadership in Artificial
Intelligence Infrastructure
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:
Section 1. Purpose. Artificial intelligence (AI) is a
defining technology of our era. Recent advancements in
AI demonstrate its rapidly growing relevance to
national security, including with respect to logistics,
military capabilities, intelligence analysis, and
cybersecurity. Building AI in the United States will
help prevent adversaries from gaining access to, and
using, powerful future systems to the detriment of our
military and national security. It will also enable the
United States Government to continue harnessing AI in
service of national-security missions while preventing
the United States from becoming dependent on other
countries' infrastructure to develop and operate
powerful AI tools.
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.
Sec. 2. Policy. It is the policy of the United States
to enable the development and operation of AI
infrastructure, including data centers, in the United
States in accordance with five guiding principles. When
undertaking the actions set forth in this order,
executive departments and agencies (agencies) shall
adhere to these principles, as appropriate and
consistent with applicable law:
(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
[[Page 5470]]
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), 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.
Sec. 3. Definitions. For purposes of this order:
(a) The term ``agency'' means each agency described
in 44 U.S.C. 3502(1), except for the independent
regulatory agencies described in 44 U.S.C. 3502(5).
(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.
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(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, 42 U.S.C. 4370m-1,
as well as any other agency with authority to issue a
Federal permit or approval required for the development
or operation of AI infrastructure.
(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 44 U.S.C. 3607-3616 (as enacted by the FedRAMP
Authorization Act, section 5921 of Public Law 117-263).
(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.
[[Page 5472]]
(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).
Sec. 4. Establishing Federal Sites for AI
Infrastructure. (a) By February 28, 2025, the Secretary
of Defense and the Secretary of Energy shall, if
possible, each identify a minimum of 3 sites on Federal
land managed by their respective agencies that may be
suitable for the agencies to lease to non-Federal
entities for the construction and operation of a
frontier AI data center, as well as for the
construction and operation of clean energy facilities
to serve the data center, by the end of 2027. In
identifying these sites, each Secretary shall, as
feasible and appropriate, seek to prioritize sites that
possess the following characteristics, as consistent
with the objective of fully permitting and approving
work to construct a frontier AI data center at each
site by the end of 2025:
(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
[[Page 5473]]
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:
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(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
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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;
[[Page 5476]]
(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), and a plan to
address labor-related risks associated with the development and use of AI;
(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-
[[Page 5477]]
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), and Executive Order 14110 of November 1, 2023 (Safe,
Secure, and Trustworthy Development and Use of Artificial Intelligence).
The Secretary of Commerce, acting through the Director of AISI at NIST,
shall support the ongoing improvement of the framework described in this
subsection by developing security guidelines for frontier AI training and
operation and, as part of this work, shall comprehensively evaluate the
security implications of publicly available AI models that the Secretary of
Commerce, acting through the Director of AISI at NIST, deems globally
significant;
(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;
[[Page 5478]]
(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 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
[[Page 5479]]
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 (NEPA), 42 U.S.C.
4321 et seq., the Endangered Species Act, 16 U.S.C. 1531 et seq., and other
appropriate statutes have been satisfied by prior analyses of the lease
area.
(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), and the Presidential Memorandum of November 30, 2022
(Uniform Standards for Tribal Consultation), with Tribal Nations for which
such work may have implications or who otherwise request such consultation;
(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).
Sec. 5. Protecting American Consumers and Communities.
(a) Within 180 days of the date of this order, the
Secretary of Energy, in consultation with the Chair of
the Council of Economic Advisors and the heads of other
agencies that the Secretary deems appropriate, shall
submit a report to the President on the potential
effects of AI data centers on electricity prices for
consumers and businesses. This report shall include
electricity-rate-structure best practices for
appropriate Federal agencies, State regulators, and
transmission providers and transmission organizations
to promote procurement of clean energy generation
resources as components of AI infrastructure without
increasing costs for other customers through cost-
allocation processes or other mechanisms--particularly
in regions that have or are expected to have high
concentrations of AI infrastructure--as well as
regional analyses of key data center hubs. The report
shall further account for any existing approaches
developed by Federal agencies to engage transmission
providers and State regulators regarding electricity
prices. After submitting the report, the Secretary of
Energy shall engage appropriate private-sector
[[Page 5480]]
entities, to include the winning applicants selected
under subsection 4(g) of this order, on the report's
findings and recommendations.
(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.
Sec. 6. Facilitating Electric Grid Interconnections for
Federal Sites. (a) Within 60 days of the date of this
order, for the purpose of supporting any winning
applicants of the solicitations described in subsection
4(e) of this order, the Secretary of Energy shall
establish requirements for transmission providers and
transmission organizations to report to the Secretary
information regarding surplus interconnection service;
available transmission capacity for interconnecting
generators; opportunities for clean repowering; and
proposed, planned, or initiated projects to build clean
power generation capacity for which construction is not
complete, but which have executed generation
interconnection agreements. Information requested
regarding these proposed, planned, or initiated
projects shall include the size, location, and
generation technology for each such clean power
generation project, as well as the status and estimated
cost of any transmission upgrades necessary to enable
that project's interconnection consistent with the
interconnection agreement. The Secretary shall
facilitate communication, as appropriate, among the
owners of such surplus interconnection service,
facilities with opportunities for clean repowering, or
clean power generator projects and winning applicants
to the solicitations described in subsection 4(e) of
this order. The Secretary shall further establish
appropriate requirements for transmission providers and
transmission organizations to continue reporting
information described in this subsection on an ongoing
basis, and in any event no less than annually.
(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
[[Page 5481]]
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.
Sec. 7. Expeditiously Processing Permits for Federal
Sites. (a) The heads of Federal Permitting Agencies
shall prioritize work and exercise all applicable
authorities, as appropriate, to expedite the processing
of permits and approvals required for the construction
and operation of AI infrastructure on Federal sites,
with the goal of issuing all permits and approvals
required for construction by the end of 2025 or as soon
as they can be completed consistent with applicable
law. As part of this work, the Permitting Council may
provide coordination of permitting for AI
infrastructure on Federal sites, as appropriate and to
the extent that the relevant developers of AI
infrastructure submit a notice of the initiation of a
proposed covered project under 42 U.S.C. 4370m-2 and
the project is determined to be such a covered project
by the Permitting Council.
(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
[[Page 5482]]
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, 42 U.S.C. 7401 et seq., and to
enhance the public's understanding of the same, as well as to facilitate
the acquisition of information by AI developers operating on Federal sites
regarding best practices for expeditiously obtaining air-quality permits;
(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, 33 U.S.C. 1251 et seq., and to process
applications for permission for appropriate projects
under section 14 of the Act of March 3, 1899 (33 U.S.C.
408), as consistent with the statutes' requirements, in
order to render determinations on any such permits or
permissions associated with AI infrastructure on
Federal sites by the end of 2025, or as soon as
feasible consistent with statutory requirements. The
Secretary shall, consistent with applicable law,
prioritize allocation of resources toward USACE
district offices, and direct the allocation of
resources within such offices, as needed to comply with
this directive. The Secretary shall further apply all
general permits applicable to AI infrastructure where
appropriate to promote expeditious permitting on such
Federal sites.
(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
[[Page 5483]]
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.
Sec. 8. Ensuring Adequate Transmission Infrastructure
for Federal Sites. (a) The Secretary of Energy, in
consultation with the Secretary of Defense and the
Secretary of the Interior, shall take steps to enable
AI infrastructure on Federal sites to have reliable
access to transmission facilities adequate for the
operation of frontier AI data centers by the end of
2027.
(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:
[[Page 5484]]
(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 (16 U.S.C. 824p(a)(1)).
(ii) Consistent with the requirements of section 216(a)(2) of the Federal
Power Act (16 U.S.C. 824p(a)(2)), and based on any findings made in future
studies of electric transmission capacity constraints and congestion as
described in subsection (c)(i) of this section, the Secretary shall
consider whether to designate geographic areas around frontier AI
infrastructure on Federal sites as national interest electric transmission
corridors.
(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
[[Page 5485]]
(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.
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
[[Page 5486]]
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
[[Page 5487]]
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) 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,
[[Page 5488]]
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.
[[Page 5489]]
(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.
(Presidential Sig.)
THE WHITE HOUSE,
January 14, 2025.
[FR Doc. 2025-01395
Filed 1-16-25; 8:45 am]
Billing code 3395-F4-P