This chapter, referred to in text, was in the original “this division”, meaning div. E of Pub. L. 116–283,
Pub. L. 116–283, div. E, § 5001,
Ex. Ord. No. 14110,
Ex. Ord. No. 14141,
Ex. Ord. No. 14179,
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
(b) Within 60 days of this order, the OMB Director, in coordination with the APST, shall revise OMB Memoranda M–24–10 and M–24–18 as necessary to make them consistent with the policy set forth in section 2 of this order.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Ex. Ord. No. 14318,
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
In addition, my Administration will utilize federally owned land and resources for the expeditious and orderly development of data centers. This usage will be done in a manner consistent with the land’s intended purpose—to be used in service of the prosperity and security of the American people.
(a) “Data Center Project” means a facility that requires greater than 100 megawatts (MW) of new load dedicated to AI inference, training, simulation, or synthetic data generation.
(b) “Covered Components” means materials, products, and infrastructure that are required to build Data Center Projects or otherwise upon which Data Center Projects depend, including:
(i) energy infrastructure, such as transmission lines, natural gas pipelines or laterals, substations, switchyards, transformers, switchgear, and system protective facilities;
(ii) natural gas turbines, coal power equipment, nuclear power equipment, geothermal power equipment, and any other dispatchable baseload energy sources, including electrical infrastructure (including backup power supply) constructed or otherwise used principally to serve a Data Center Project;
(iii) semiconductors and semiconductor materials, such as wafers, dies, and packaged integrated circuits;
(iv) networking equipment, such as switches and routers; and
(v) data storage, such as hardware storage systems, software for data management and protection, and integrated services that work with public cloud providers.
(c) “Covered Component Project” means infrastructure comprising Covered Components, or a facility with the primary purposes of manufacturing or otherwise producing Covered Components.
(d) “Qualifying Project” means:
(i) a Data Center Project or Covered Component Project for which the Project Sponsor has committed at least $500 million in capital expenditures as determined by the Secretary of Commerce;
(ii) a Data Center Project or Covered Component Project involving an incremental electric load addition of greater than 100 MW;
(iii) a Data Center Project or Covered Component Project that protects national security; or
(iv) a Data Center Project or Covered Component Project that has otherwise been designated by the Secretary of Defense, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of Energy as a “Qualifying Project”.
(e) “Project Sponsor” means the lead sponsor providing financial and other support for a Data Center Project or Covered Component Project, as determined by the Secretary of Defense, the Secretary of the Interior, the Secretary of Commerce, or the Secretary of Energy, as appropriate.
(f) “Superfund Site” means any site where action is being taken pursuant to 42 U.S.C. 9604, 9606, or 9620 [sections 104, 106, or 120 of Pub. L. 96–510].
(g) “Brownfield Site” means a site as defined in 42 U.S.C. 9601(39) [section 101(39) of Pub. L. 96–510].
(b) The Council on Environmental Quality shall coordinate with relevant agencies on the establishment of new categorical exclusions to cover actions related to Qualifying Projects that normally do not have a significant effect on the human environment. Agencies shall, for purposes of establishing these categorical exclusions, rely on any sufficient basis to do so as each such agency determines.
(c) Consistent with 42 U.S.C. 4336e(10)(B)(iii) [section 111(10)(B)(iii) of Pub. L. 91–190], loans, loan guarantees, grants, tax incentives, or other forms of Federal financial assistance for which an agency lacks substantial project-specific control and responsibility over the subsequent use of such financial assistance shall not be considered a “major Federal action” under NEPA. For purposes of this order, Federal financial assistance representing less than 50 percent of total project costs shall be presumed not to constitute substantial Federal control and responsibility.
(b) In consultation with Project Sponsors, the Executive Director shall expedite the transition of eligible Qualifying Projects from transparency projects to FAST-41 “covered projects” as defined by 42 U.S.C. 4370m(6)(A) [section 41001(6)(A) of Pub. L. 114–94]. To the extent that a Qualifying Project does not meet the criteria set forth in 42 U.S.C. 4370m(6)(A)(i) or (iii), FPISC may consider all other available options to designate the project a covered project under 42 U.S.C. 4370m(6)(A)(iv).
(b) The Administrator of the Environmental Protection Agency shall, consistent with the Environmental Protection Agency’s statutory authorities, expeditiously identify Brownfield Sites and Superfund Sites for use by Qualifying Projects. As part of this effort, within 180 days of the date of this order, the Administrator of the Environmental Protection Agency shall develop guidance to help expedite environmental reviews for qualified reuse and assist State governments and private parties to return such Brownfield Sites and Superfund Sites to productive use as expeditiously as possible.
(b) Within 180 days of the date of this order, the Secretary of the Army, acting through the Assistant Secretary of the Army for Civil Works, shall review the nationwide permits issued under section 404 of the Clean Water Act of 1972 [Federal Water Pollution Control Act] (33 U.S.C. 1344) and section 10 of the Rivers and Harbors Appropriation Act of 1899 (33 U.S.C. 403) to determine whether an activity-specific nationwide permit is needed to facilitate the efficient permitting of activities related to Qualifying Projects.
(b) The Secretary of Defense shall, pursuant to 10 U.S.C. 2667 or other applicable law and as and when the Secretary of Defense deems it necessary or desirable, identify suitable sites on military installations for Covered Component infrastructure uses and competitively lease available lands for Qualifying Projects to support the Department of Defense’s energy, workforce, and mission needs, subject to security and force protection considerations.
(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.
(d) The costs for publication of this order shall be borne by the Department of Energy.
Ex. Ord. No. 14320,
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered:
(b) The Secretary of Commerce shall issue a public call for proposals from industry-led consortia for inclusion in the Program. The public call shall require that each proposal must:
(i) include a full-stack AI technology package, which encompasses:
(A) AI-optimized computer hardware (e.g., chips, servers, and accelerators), data center storage, cloud services, and networking, as well as a description of whether and to what extent such items are manufactured in the United States;
(B) data pipelines and labeling systems;
(C) AI models and systems;
(D) measures to ensure the security and cybersecurity of AI models and systems; and
(E) AI applications for specific use cases (e.g., software engineering, education, healthcare, agriculture, or transportation);
(ii) identify specific target countries or regional blocs for export engagement;
(iii) describe a business and operational model to explain, at a high level, which entities will build, own, and operate data centers and associated infrastructure;
(iv) detail requested Federal incentives and support mechanisms; and
(v) comply with all relevant United States export control regimes, outbound investment regulations, and end-user policies, including chapter 58 of title 50 [subtitle B (§§ 1741–1781) of title XVII of div. A of Pub. L. 115–232], United States Code, and relevant guidance from the Bureau of Industry and Security within the Department of Commerce.
(c) The Department of Commerce shall require proposals to be submitted no later than 90 days after the public call for proposals is issued, and shall consider proposals on a rolling basis for inclusion in the Program.
(d) The Secretary of Commerce shall, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of OSTP, evaluate submitted proposals for inclusion under the Program. Proposals selected by the Secretary of Commerce, in consultation with the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of OSTP, will be designated as priority AI export packages and will be supported through priority access to the tools identified in section 4 of this order, as consistent with applicable law.
(b) I delegate to the Administrator of the Small Business Administration and the Director of OSTP the authority under section 708(c)(3) of CABDA to appoint senior officials from their respective executive departments and agencies to serve as members of the EDAG.
(c) The Secretary of State, in consultation with the EDAG, shall be responsible for:
(i) developing and executing a unified Federal Government strategy to promote the export of American AI technologies and standards;
(ii) aligning technical, financial, and diplomatic resources to accelerate deployment of priority AI export packages under the Program;
(iii) coordinating United States participation in multilateral initiatives and country-specific partnerships for AI deployment and export promotion;
(iv) supporting partner countries in fostering pro-innovation regulatory, data, and infrastructure environments conducive to the deployment of American AI systems;
(v) analyzing market access, including technical barriers to trade and regulatory measures that may impede the competitiveness of United States offerings; and
(vi) coordinating with the Small Business Administration’s Office of Investment and Innovation to facilitate, to the extent permitted under applicable law, investment in United States small businesses to the development of American AI technologies and the manufacture of AI infrastructure, hardware, and systems.
(d) Members of the EDAG shall deploy, to the maximum extent permitted by law, available Federal tools to support the priority export packages selected for participation in the Program, including direct loans and loan guarantees (12 U.S.C.[ ]635) [section 2 of act
(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.
(d) The costs for publication of this order shall be borne by the Department of Commerce.
Ex. Ord. No. 14363,
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
This order launches the “Genesis Mission” as a dedicated, coordinated national effort to unleash a new age of AI-accelerated innovation and discovery that can solve the most challenging problems of this century. The Genesis Mission will build an integrated AI platform to harness Federal scientific datasets—the world’s largest collection of such datasets, developed over decades of Federal investments—to train scientific foundation models and create AI agents to test new hypotheses, automate research workflows, and accelerate scientific breakthroughs. The Genesis Mission will bring together our Nation’s research and development resources—combining the efforts of brilliant American scientists, including those at our national laboratories, with pioneering American businesses; world-renowned universities; and existing research infrastructure, data repositories, production plants, and national security sites—to achieve dramatic acceleration in AI development and utilization. We will harness for the benefit of our Nation the revolution underway in computing, and build on decades of innovation in semiconductors and high-performance computing. The Genesis Mission will dramatically accelerate scientific discovery, strengthen national security, secure energy dominance, enhance workforce productivity, and multiply the return on taxpayer investment into research and development, thereby furthering America’s technological dominance and global strategic leadership.
(b) The Secretary of Energy (Secretary) shall be responsible for implementing the Mission within DOE, consistent with the provisions of this order, including, as appropriate and authorized by law, setting priorities and ensuring that all DOE resources used for elements of the Mission are integrated into a secure, unified platform. The Secretary may designate a senior political appointee to oversee day-to-day operations of the Mission.
(c) The Assistant to the President for Science and Technology (APST) shall provide general leadership of the Mission, including coordination of participating executive departments and agencies (agencies) through the National Science and Technology Council (NSTC) and the issuance of guidance to ensure that the Mission is aligned with national objectives.
(i) high-performance computing resources, including DOE national laboratory supercomputers and secure cloud-based AI computing environments, capable of supporting large-scale model training, simulation, and inference;
(ii) AI modeling and analysis frameworks, including AI agents to explore design spaces, evaluate experimental outcomes, and automate workflows;
(iii) computational tools, including AI-enabled predictive models, simulation models, and design optimization tools;
(iv) domain-specific foundation models across the range of scientific domains covered;
(v) secure access to appropriate datasets, including proprietary, federally curated, and open scientific datasets, in addition to synthetic data generated through DOE computing resources, consistent with applicable law; applicable classification, privacy, and intellectual property protections; and Federal data-access and data-management standards; and
(vi) experimental and production tools to enable autonomous and AI-augmented experimentation and manufacturing in high-impact domains.
(b) The Secretary shall take necessary steps to ensure that the Platform is operated in a manner that meets security requirements consistent with its national security and competitiveness mission, including applicable classification, supply chain security, and Federal cybersecurity standards and best practices.
(c) Within 90 days of the date of this order [
(d) Within 120 days of the date of this order, the Secretary shall:
(i) identify a set of initial data and model assets for use in the Mission, including digitization, standardization, metadata, and provenance tracking; and
(ii) develop a plan, with appropriate risk-based cybersecurity measures, for incorporating datasets from federally funded research, other agencies, academic institutions, and approved private-sector partners, as appropriate.
(e) Within 240 days of the date of this order, the Secretary shall review capabilities across the DOE national laboratories and other participating Federal research facilities for robotic laboratories and production facilities with the ability to engage in AI-directed experimentation and manufacturing, including automated and AI-augmented workflows and the related technical and operational standards needed.
(f) Within 270 days of the date of this order, the Secretary shall, consistent with applicable law and subject to available appropriations, seek to demonstrate an initial operating capability of the Platform for at least one of the national science and technology challenges identified pursuant to section 4 of this order.
(i) advanced manufacturing;
(ii) biotechnology;
(iii) critical materials;
(iv) nuclear fission and fusion energy;
(v) quantum information science; and
(vi) semiconductors and microelectronics.
(b) Within 30 days of submission of the list described in subsection (a) of this section, the APST shall review the proposed list and, working with participating agency members of the NSTC, coordinate the development of an expanded list that can serve as the initial set of national science and technology challenges to be addressed by the Mission, including additional challenges proposed by participating agencies through the NSTC, subject to available appropriations.
(c) Following development of the expanded list described in subsection (b) of this section, agencies participating in the Mission shall use the Platform to advance research and development aligned with the national science and technology challenges identified in the expanded list, consistent with applicable law and their respective missions, and subject to available appropriations.
(d) On an annual basis thereafter, the Secretary shall review and update the list of challenges in consultation with the APST and the NSTC to reflect progress achieved, emerging national needs, and alignment with my Administration’s research and development priorities.
(i) assist participating agencies in aligning, to the extent permitted by law, their AI-related programs, datasets, and research and development activities with the objectives of the Mission in their respective areas of expertise, while avoiding duplication of effort across the Federal Government and promoting interoperability;
(ii) identify data sources that may support the Mission’s aim;
(iii) develop a process and resourcing plan in coordination with participating agencies for integrating appropriate and available agency data and infrastructure into the Mission, to the extent permitted by law and subject to available appropriations, including methods under which all agencies contributing to the Mission are encouraged to implement appropriate risk-based security measures that reflect cybersecurity best practices;
(iv) launch coordinated funding opportunities or prize competitions across participating agencies, to the extent permitted by law and subject to available appropriations, to incentivize private-sector participation in AI-driven scientific research aligned with Mission objectives; and
(v) establish mechanisms to coordinate research and development funding opportunities and experimental resources across participating agencies, ensuring agencies can participate effectively in the Mission.
(b) The APST shall coordinate with relevant agencies in establishing, consistent with existing authorizing statutes and subject to available appropriations, competitive programs for research fellowships, internships, and apprenticeships focused on the application of AI to scientific domains identified as national challenges for the Mission, to include placement of program participants at DOE national laboratories and other participating Federal research facilities, with the purpose of providing access to the Platform and training in AI-enabled scientific discovery.
(c) The Secretary, in coordination with the APST and the Special Advisor for AI and Crypto, shall establish mechanisms for agency collaboration with external partners possessing advanced AI, data, or computing capabilities or scientific domain expertise, including through cooperative research and development agreements, user facility partnerships, or other appropriate arrangements with external entities to support and enhance the activities of the Mission, and shall ensure that such partnerships are structured to preserve the security of Federal research assets and maximize public benefit. To facilitate these collaborations, the Secretary shall:
(i) develop standardized partnership frameworks, including cooperative research and development or other appropriate agreements, and data-use and model-sharing agreements;
(ii) establish clear policies for ownership, licensing, trade-secret protections, and commercialization of intellectual property developed under the Mission, including innovations arising from AI-directed experiments;
(iii) implement uniform and stringent data access and management processes and cybersecurity standards for non-Federal collaborators accessing datasets, models, and computing environments, including measures requiring compliance with classification, privacy, and export-control requirements, as well as other applicable laws; and
(iv) establish procedures to ensure the highest standards of vetting and authorization of users and collaborators seeking access to the resources of the Mission and associated research activities, including the Platform and associated Federal research resources.
(d) The APST, through the NSTC, shall, to the extent appropriate, identify opportunities for international scientific collaboration to support activities under the Mission.
(i) the Platform’s operational status and capabilities;
(ii) progress toward integration across DOE national laboratories and other participating Federal research partners, including shared access to computing resources, data infrastructure, and research facilities;
(iii) the status of user engagement, including participation of student researchers and any related training;
(iv) updates on research efforts and outcomes achieved, including measurable scientific advances, publications, and prototype technologies;
(v) the scope and outcomes of public-private partnerships, including collaborative research projects and any technology transitions or commercialization activities; and
(vi) any identified needs or recommendations for authorities or interagency support to achieve the Mission’s objectives.
(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.
(d) The costs for publication of this order shall be borne by the Department of Energy.
Ex. Ord. No. 14365,
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
To win, United States AI companies must be free to innovate without cumbersome regulation. But excessive State regulation thwarts this imperative. First, State-by-State regulation by definition creates a patchwork of 50 different regulatory regimes that makes compliance more challenging, particularly for start-ups. Second, State laws are increasingly responsible for requiring entities to embed ideological bias within models. For example, a new Colorado law banning “algorithmic discrimination” may even force AI models to produce false results in order to avoid a “differential treatment or impact” on protected groups. Third, State laws sometimes impermissibly regulate beyond State borders, impinging on interstate commerce.
My Administration must act with the Congress to ensure that there is a minimally burdensome national standard—not 50 discordant State ones. The resulting framework must forbid State laws that conflict with the policy set forth in this order. That framework should also ensure that children are protected, censorship is prevented, copyrights are respected, and communities are safeguarded. A carefully crafted national framework can ensure that the United States wins the AI race, as we must.
Until such a national standard exists, however, it is imperative that my Administration takes action to check the most onerous and excessive laws emerging from the States that threaten to stymie innovation.
(b) Executive departments and agencies (agencies) shall assess their discretionary grant programs in consultation with the Special Advisor for AI and Crypto and determine whether agencies may condition such grants on States either not enacting an AI law that conflicts with the policy of this order, including any AI law identified pursuant to section 4 or challenged pursuant to section 3 of this order, or, for those States that have enacted such laws, on those States entering into a binding agreement with the relevant agency not to enforce any such laws during the performance period in which it receives the discretionary funding.
(b) The legislative recommendation called for in subsection (a) of this section shall not propose preempting otherwise lawful State AI laws relating to:
(i) child safety protections;
(ii) AI compute and data center infrastructure, other than generally applicable permitting reforms;
(iii) State government procurement and use of AI; and
(iv) other topics as shall be determined.
(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.
(d) The costs for publication of this order shall be borne by the Department of Commerce.