II 

118TH CONGRESS 

2D SESSION S. 3888 

To mandate the use of artificial intelligence by Federal agencies to adapt 

to extreme weather, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 6, 2024 

Mr. SCHATZ (for himself, Mr. LUJA ́N, Ms. BUTLER, and Mr. WELCH) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To mandate the use of artificial intelligence by Federal agencies to adapt to extreme weather, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Transformational Artificial intelligence to Modernize the 

6 Economy against Extreme Weather Act’’ or the ‘‘TAME 

7 Extreme Weather Act’’. 

8 (b) TABLE OF CONTENTS.—The table of contents for 

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 


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Sec. 3. Purpose. 

TITLE I—MATTERS RELATING TO THE NATIONAL OCEANIC AND 

ATMOSPHERIC ADMINISTRATION 

Sec. 101. Definitions. 

Sec. 102. Earth system reanalysis. 

Sec. 103. Advanced artificial intelligence applications for weather. 

Sec. 104. Technical assistance on use of artificial intelligence weather models. 

Sec. 105. Fire combustion modeling program. 

Sec. 106. Emissions monitoring and analysis program. 

Sec. 107. Partnerships for transformational innovation. 

Sec. 108. Retention of Federal Government expertise. 

Sec. 109. National security. 

TITLE II—MATTERS RELATING TO THE DEPARTMENT OF 

AGRICULTURE 

Sec. 201. Deforestation and illegal wood products. 

TITLE III—MATTERS RELATING TO THE DEPARTMENT OF 

ENERGY 

Sec. 301. Secretary defined. 

Sec. 302. Grid and transmission optimization. 

Sec. 303. Preparation of environmental review documents. 

TITLE IV—AUTHORIZATION OF APPROPRIATIONS 

Sec. 401. Authorization of appropriations. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ARTIFICIAL INTELLIGENCE.— 

4 (A) IN GENERAL.—The term ‘‘artificial in5 telligence’’ means a machine-based system that 

6 can, for a given set of human-defined objectives, 

7 make predictions, recommendations, or deci8 sions influencing real or virtual environments, 

9 including by using machine-based and human10 based inputs— 


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1 (i) to abstract those perceptions into 

2 models through analysis in an automated 

3 manner; and 

4 (ii) to use model inferences to formu5 late options for information or action. 

6 (B) INCLUSIONS.—The term ‘‘artificial in7 telligence’’ includes machine learning, neural 

8 networks, and natural language processing. 

9 (2) CURATE.—The term ‘‘curate’’ means to col10 lect and maintain a dataset— 

11 (A) to ensure its quality; 

12 (B) to provide metadata on its provenance; 

13 and 

14 (C) to update the dataset periodically, as 

15 practicable. 

16 (3) OPEN LICENSE.—The term ‘‘open license’’ 

17 has the meaning given that term in section 3502(21) 

18 of title 44, United States Code. 

19 (4) TRAINING DATASET.—The term ‘‘training 

20 dataset’’ means a dataset used to train an artificial 

21 intelligence. 

22 SEC. 3. PURPOSE. 

23 The purpose of this Act is to mandate the use of arti24 ficial intelligence by Federal agencies to adapt to extreme 

25 weather by— 


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1 (1) improving weather forecasts; 

2 (2) increasing the resilience of electrical grids 

3 and transmission; 

4 (3) strengthening analytic capacity to guide 

5 where to deploy resources to respond to and mitigate 

6 harm from extreme weather; and 

7 (4) strengthening public-private partnerships in 

8 highly technical, high-risk, and high-reward fields. 

9 TITLE I—MATTERS RELATING 

10 TO THE NATIONAL OCEANIC 

11 AND ATMOSPHERIC ADMINIS12 TRATION 

13 SEC. 101. DEFINITIONS. 

14 In this title: 

15 (1) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the National 

17 Oceanic and Atmospheric Administration. 

18 (2) ARTIFICIAL INTELLIGENCE WEATHER

19 MODEL.—The term ‘‘artificial intelligence weather 

20 model’’ means a weather model based primarily on 

21 artificial intelligence technology to project future 

22 Earth system conditions based on machine learning 

23 from an Earth system reanalysis dataset. 

24 (3) EARTH SYSTEM REANALYSIS DATASET.— 

25 The term ‘‘Earth system reanalysis dataset’’ means 


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1 a dataset that contains continuous global observa2 tional data and synthetic data for Earth system 

3 variables relevant to weather forecasting. 

4 (4) ENVIRONMENTAL INFORMATION SERVICES

5 WORKING GROUP.—The term ‘‘Environmental Infor6 mation Services Working Group’’ means the Envi7 ronmental Information Services Working Group es8 tablished under section 401 of the Weather Research 

9 and Forecasting Innovation Act of 2017 (15 U.S.C. 

10 8541), or any similar successor working group. 

11 (5) NUMERICAL WEATHER MODEL.—The term 

12 ‘‘numerical weather model’’ means a weather model 

13 based primarily on atmospheric physics and that 

14 uses numerical computation to forecast future Earth 

15 system conditions. 

16 (6) OBSERVATIONAL DATA.—The term ‘‘obser17 vational data’’ means data from actual observations 

18 of environmental conditions. 

19 (7) REFORECAST ANALYSIS.—The term ‘‘refore20 cast analysis’’ means the assessment of a numerical 

21 weather model or artificial intelligence weather 

22 model by comparing model output and observational 

23 data over a period of time in the past. 

24 (8) SYNTHETIC DATA.—The term ‘‘synthetic 

25 data’’ means data produced from a model or statisVerDate Sep 11 2014 18:58 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

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1 tical method in order to fill gaps in observational 

2 data. 

3 SEC. 102. EARTH SYSTEM REANALYSIS. 

4 (a) IN GENERAL.—Not later than two years after the 

5 date of the enactment of this Act, the Administrator shall, 

6 in consultation with the Secretary of Energy, the Adminis7 trator of the National Aeronautics and Space Administra8 tion, the Director of the National Science Foundation, the 

9 Director of the National Center for Atmospheric Research, 

10 the Environmental Information Services Working Group, 

11 and such other technical experts as the Administrator con12 siders appropriate, develop and curate an Earth system 

13 reanalysis dataset that creates a long-term record of past 

14 weather in support of— 

15 (1) furthering the understanding of weather; 

16 (2) advancing the science of weather fore17 casting, including seasonal and subseasonal fore18 casting; and 

19 (3) developing artificial intelligence weather 

20 forecasting applications. 

21 (b) USE OF EXISTING DATASETS.—In order to speed 

22 the development of the Earth system reanalysis dataset 

23 required under subsection (a), the Administrator shall as24 sess, and to the greatest extent practicable build on, existVerDate Sep 11 2014 18:58 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

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1 ing Earth system reanalysis datasets of the Federal Gov2 ernment. 

3 (c) ARTIFICIAL INTELLIGENCE WEATHER MODEL.— 

4 (1) IN GENERAL.—In carrying out this section, 

5 the Administrator, in consultation with the Environ6 mental Information Services Working Group, may 

7 develop and test a national weather model based on 

8 artificial intelligence technologies. 

9 (2) REPORT.—Not later than one year after the 

10 date of the enactment of this Act, and not less fre11 quently than annually thereafter, the Administrator 

12 shall submit to the Committee on Commerce, 

13 Science, and Transportation of the Senate and the 

14 Committee on Science, Space, and Technology of the 

15 House of Representatives a report on the activities 

16 conducted under paragraph (1). 

17 (d) COOPERATIVE INSTITUTES AND CONTRACTING

18 AUTHORITY.—In carrying out this section, subject to the 

19 availability of appropriations, the Administrator may com20 petitively award contracts, increase the scope of existing 

21 cooperative institutes of the National Oceanic and Atmos22 pheric Administration, or competitively award a new coop23 erative institute. 

24 (e) PUBLIC ACCESS.—Subject to section 109, the Ad25 ministrator shall make available to the public, at no cost 


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1 and with no restrictions on copying, publishing, distrib2 uting, citing, adapting, or otherwise using under an open 

3 license, the Earth system reanalysis dataset developed 

4 under subsection (a) and the code for the artificial intel5 ligence weather model developed under subsection (c). 

6 (f) ENVIRONMENTAL IMPACT.—The Administrator 

7 shall develop and disseminate best practices to minimize 

8 environmental impacts from the use of artificial intel9 ligence technology to carry out this section. 

10 (g) CONTINUED SUPPORT FOR OBSERVATIONS, 

11 BASIC RESEARCH, AND NUMERICAL WEATHER MOD12 ELS.—Notwithstanding the requirements of this section, 

13 the Administrator shall continue to support and advance 

14 the activities of the National Oceanic and Atmospheric 

15 Administration— 

16 (1) to collect and acquire observational data rel17 evant for artificial intelligence and numerical weath18 er forecasting; 

19 (2) to advance research on the Earth system 

20 and numerical weather forecasting; 

21 (3) to develop and advance numerical weather 

22 modeling; 

23 (4) to identify and acquire novel observational 

24 data shown to improve artificial intelligence and nu25 merical weather forecasting; and 


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1 (5) to improve data assimilation techniques. 

2 SEC. 103. ADVANCED ARTIFICIAL INTELLIGENCE APPLICA3 TIONS FOR WEATHER. 

4 The Administrator shall explore advanced applica5 tions of artificial intelligence to improve weather forecasts, 

6 such as by— 

7 (1) improving data assimilation; 

8 (2) accounting for Earth system processes that 

9 cause model areas, such as cloud cover, ocean ed10 dies, and photosynthesis; and 

11 (3) using artificial intelligence weather models 

12 to quickly emulate running numerical weather mod13 els to assess and improve the confidence in and reli14 ability of weather forecasts. 

15 SEC. 104. TECHNICAL ASSISTANCE ON USE OF ARTIFICIAL 

16 INTELLIGENCE WEATHER MODELS. 

17 (a) IN GENERAL.—The Administrator shall regularly 

18 inventory and assess major non-Federal Government arti19 ficial intelligence weather models in order to provide— 

20 (1) technical assistance on using such models; 

21 (2) best practices on providing forecasts based 

22 on outputs from both artificial intelligence weather 

23 models and numerical weather models; and 

24 (3) support for emergency managers to make 

25 operational decisions based on outputs from both arVerDate Sep 11 2014 18:58 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

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1 tificial intelligence weather models and numerical 

2 weather models. 

3 (b) REFORECAST ANALYSIS.— 

4 (1) IN GENERAL.—The Administrator shall 

5 support the development of a common framework for 

6 the assessment of numerical weather models and ar7 tificial intelligence weather models through refore8 cast analysis and such other methodologies as the 

9 Administrator considers appropriate. 

10 (2) BEST PRACTICES.—In carrying out this 

11 subsection, the Administrator may develop and dis12 seminate best practices in collaboration with— 

13 (A) the National Institute for Standards 

14 and Technology, the National Aeronautics and 

15 Space Administration, the National Science 

16 Foundation, and the Department of Energy; 

17 (B) academic and research institutions; 

18 and 

19 (C) the private sector. 

20 (3) PUBLIC AVAILABILITY OF DATASET.— 

21 (A) IN GENERAL.—The Administrator may 

22 make available to the public, as the Adminis23 trator determines appropriate and subject to 

24 section 109, at no cost and with no restrictions 

25 on copying, publishing, distributing, citing, 


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1 adapting, or otherwise using under an open li2 cense, any reforecast dataset developed under 

3 this subsection. 

4 (B) DETERMINATION.—In determining 

5 whether to make a reforecast dataset public 

6 under subparagraph (A), the Administrator 

7 shall consider factors such as— 

8 (i) the difficulty of replicating the re9 forecast dataset; and 

10 (ii) the utility of the reforecast 

11 dataset to non-Federal partners of the Na12 tional Oceanic and Atmospheric Adminis13 tration. 

14 (4) REPORT ON USE OF ANALYSIS TO IMPROVE

15 MODELS.—Not later than one year after the date of 

16 the enactment of this Act, the Administrator shall 

17 submit to the Committee on Commerce, Science, and 

18 Transportation of the Senate and the Committee on 

19 Science, Space, and Technology of the House of 

20 Representatives a report on the feasibility of using 

21 reforecast analysis techniques to improve seasonal 

22 and subseasonal models. 

23 (c) WARNING COORDINATION METEOROLOGISTS AND

24 REGIONAL FORECAST OFFICES.—In carrying out this sec25 tion, the Administrator shall provide technical assistance, 


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1 best practices, and support required under subsection (a) 

2 through the warning coordination meteorologists and 

3 weather forecast offices of the National Oceanic and At4 mospheric Administration. 

5 (d) INDEPENDENT STUDY ON THE IMPACTS OF ARTI6 FICIAL INTELLIGENCE WEATHER MODELS.—The Admin7 istrator may enter into an agreement with the National 

8 Academy of Sciences to assess the impacts of artificial in9 telligence weather models on the weather enterprise and 

10 make recommendations to improve the integration of such 

11 models in operational forecasting. 

12 SEC. 105. FIRE COMBUSTION MODELING PROGRAM. 

13 (a) IN GENERAL.—Not later than one year after the 

14 date of the enactment of this Act, the Administrator, in 

15 consultation with the Secretary of the Interior, the Sec16 retary of Agriculture, the Administrator of the National 

17 Aeronautics and Space Administration, the Secretary of 

18 Energy, the Director of the National Science Foundation, 

19 the Director of the National Center for Atmospheric Re20 search, the Environmental Information Services Working 

21 Group, and such other technical experts as the Adminis22 trator considers appropriate, shall develop a program to 

23 use artificial intelligence to analyze available data on the 

24 built and natural environments in order to— 


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1 (1) warn and protect at-risk communities, fire2 fighters, and other responders; 

3 (2) detect wildfires as early as possible; and 

4 (3) forecast wildfire propagation and combus5 tion risks based on an analysis of the availability of 

6 combustible materials in the built and natural envi7 ronments. 

8 (b) TRAINING DATASET.—In carrying out this sec9 tion, the Administrator shall gather observational data 

10 and synthetic data on the built and natural environments 

11 collected across the Federal Government to develop and 

12 curate a related training dataset for purposes of training 

13 the artificial intelligence technology used in furtherance 

14 of this section. 

15 (c) DATA ACQUISITION.—In carrying out this section, 

16 the Administrator may contract to acquire relevant data. 

17 (d) WEATHER INTEGRATION.—In carrying out this 

18 section, the Administrator shall integrate outputs from 

19 weather and other environmental models and data. 

20 (e) ENVIRONMENTAL IMPACT.—The Administrator 

21 shall develop and disseminate best practices to minimize 

22 environmental impacts from the use of artificial intel23 ligence technology to carry out this section. 

24 (f) PUBLIC ACCESS.—Subject to section 109, the Ad25 ministrator shall make available to the public, at no-cost 


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1 and with no restrictions on copying, publishing, distrib2 uting, citing, adapting, or otherwise using under an open 

3 license, the code for the artificial intelligence used under 

4 subsection (a) and the training dataset developed under 

5 subsection (b). 

6 SEC. 106. EMISSIONS MONITORING AND ANALYSIS PRO7 GRAM. 

8 (a) IN GENERAL.—Not later than one year after the 

9 date of the enactment of this Act, the Administrator, in 

10 consultation with the Administrator of the Environmental 

11 Protection Agency, the Administrator of the National Aer12 onautics and Space Administration, the Secretary of En13 ergy, the Director of the National Science Foundation, the 

14 Director of the National Center for Atmospheric Research, 

15 the Environmental Information Services Working Group, 

16 and such other technical experts as the Administrator con17 siders appropriate, shall develop a program to use artifi18 cial intelligence to analyze global atmospheric observations 

19 in order to— 

20 (1) improve atmospheric dispersion models; 

21 (2) detect leaks from fuel transmission infra22 structure; 

23 (3) detect, monitor, and track smoke and other 

24 emissions from wildfires; 


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1 (4) identify significant changes in global green2 house gas emissions; 

3 (5) infer the geographical and production 

4 sources of emissions; and 

5 (6) support the enforcement of applicable do6 mestic and international laws. 

7 (b) LAW ENFORCEMENT.—The Administrator shall 

8 collaborate with Federal, international, State, local, and 

9 Tribal law enforcement entities to ensure the program de10 veloped under subsection (a) delivers outputs that support 

11 law enforcement activities. 

12 (c) TRAINING DATASET.—In carrying out this sec13 tion, the Administrator shall gather observational data 

14 and synthetic data on the atmosphere and its chemical 

15 components collected across the Federal Government to 

16 develop, curate, and regularly update a global atmospheric 

17 chemistry training dataset for purposes of training the ar18 tificial intelligence technology used in furtherance of this 

19 section. 

20 (d) DATA ACQUISITION.—In carrying out this sec21 tion, the Administrator— 

22 (1) shall seek to negotiate with foreign govern23 ments for access to relevant data; and 

24 (2) may contract to acquire relevant data. 


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1 (e) ENVIRONMENTAL IMPACT.—The Administrator 

2 shall develop and disseminate best practices to minimize 

3 environmental impacts from the use of artificial intel4 ligence technology to carry out this section. 

5 (f) PUBLIC ACCESS.—Subject to section 109, the Ad6 ministrator shall make available to the public, at no-cost 

7 and with no restrictions on copying, publishing, distrib8 uting, citing, adapting, or otherwise using under an open 

9 license, the code for the artificial intelligence used under 

10 subsection (a) and the training dataset developed under 

11 subsection (c). 

12 SEC. 107. PARTNERSHIPS FOR TRANSFORMATIONAL INNO13 VATION. 

14 (a) IN GENERAL.—The Administrator shall explore 

15 novel structures for partnerships with private entities and 

16 academic entities for transformative innovation in weather 

17 forecasting and other environmental forecasts in order 

18 to— 

19 (1) further the understanding of weather; 

20 (2) advance the science of weather forecasting, 

21 including seasonal and subseasonal forecasting; and 

22 (3) develop artificial intelligence weather fore23 casting applications. 

24 (b) CO-INVESTMENT.—In carrying out this section, 

25 subject to applicable law, the Administrator shall consider 


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1 and adopt novel co-investment strategies with the private 

2 sector and academic sector, including— 

3 (1) non-Federal Government contributions to 

4 resource and support high-risk, high-return research 

5 and development in environmental forecasting, data 

6 science, artificial intelligence, and related fields; 

7 (2) shared rights to intellectual property from 

8 research and development activities under this sec9 tion; and 

10 (3) other approaches to sharing resources and 

11 results under this section. 

12 SEC. 108. RETENTION OF FEDERAL GOVERNMENT EXPER13 TISE. 

14 Subject to applicable law, the Administrator shall 

15 consider methods to recruit and retain expert personnel 

16 to support activities under this title, including methods to 

17 be competitive with salaries outside the Federal Govern18 ment. 

19 SEC. 109. NATIONAL SECURITY. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of this title, the Administrator, in consultation with 

22 the Secretary of Defense, as appropriate, may withhold 

23 any model, code, or data developed or used under this title 

24 if the Administrator determines doing so to be necessary 


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1 to protect the national security interests of the United 

2 States. 

3 (b) RULE OF CONSTRUCTION.—Nothing in this title 

4 shall be construed to supersede any other provision of law 

5 governing the protection of the national security interests 

6 of the United States. 

7 TITLE II—MATTERS RELATING 

8 TO THE DEPARTMENT OF AG9 RICULTURE 

10 SEC. 201. DEFORESTATION AND ILLEGAL WOOD PRODUCTS. 

11 (a) IN GENERAL.—Not later than 1 year after the 

12 date of enactment of this Act, the Secretary of Agriculture 

13 (referred to in this section as the ‘‘Secretary’’), acting 

14 through the Administrator of the Animal and Plant 

15 Health Inspection Service, shall develop a program (re16 ferred to in this section as the ‘‘program’’) to use artificial 

17 intelligence to analyze available environmental, commer18 cial, law enforcement, and related data— 

19 (1) to expand and improve global observations 

20 of forested lands; 

21 (2) to detect changes in the amount of forested 

22 lands globally; 

23 (3) to infer the causes of the changes described 

24 in paragraph (2); 


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1 (4) to analyze past patterns in the movement of 

2 illegal wood products; 

3 (5) to predict future movements of illegal wood 

4 products; 

5 (6) to support the efficient deployment of inter6 national and domestic law enforcement assets to pre7 vent the movement of illegal wood products; 

8 (7) to analyze how the movement of illegal wood 

9 products is affected by the deployment of law en10 forcement assets described in paragraph (6); and 

11 (8) to accomplish other related purposes. 

12 (b) BEST PRACTICES.—The Secretary shall develop 

13 and disseminate best practices for minimizing the environ14 mental impacts of the use of artificial intelligence tech15 nology under this section. 

16 (c) TRAINING DATASET.—In carrying out the pro17 gram, the Secretary, acting through the Administrator of 

18 the Animal and Plant Health Inspection Service, shall col19 lect and curate a training dataset, which shall source 

20 from— 

21 (1) the domestic and foreign intelligence com22 munities; 

23 (2) satellite imagery; 

24 (3) acoustic monitoring of forest habitats; 


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1 (4) data from Federal law enforcement agen2 cies; 

3 (5) to the extent practicable, foreign govern4 ments; and 

5 (6) other relevant data, as determined by the 

6 Secretary. 

7 (d) CONTRACTS FOR ADDITIONAL DATA.—Subject to 

8 the availability of appropriations, the Secretary may enter 

9 into contracts to acquire additional relevant data to carry 

10 out the program. 

11 (e) INTERNATIONAL AGREEMENTS.— 

12 (1) IN GENERAL.—The Secretary shall seek to 

13 enter into agreements with foreign governments to 

14 share relevant data and artificial intelligence anal15 ysis for enforcing international and domestic laws 

16 prohibiting the trade of illegal wood products. 

17 (2) TECHNICAL ASSISTANCE.—The Secretary 

18 may provide technical assistance to a foreign govern19 ment with which the Secretary has an agreement 

20 under paragraph (1) to increase the capacity of the 

21 foreign government to participate in intelligence 

22 sharing and law enforcement activities relating to 

23 the trade of illegal wood products. 


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1 TITLE III—MATTERS RELATING 

2 TO THE DEPARTMENT OF EN3 ERGY 

4 SEC. 301. SECRETARY DEFINED. 

5 In this title, the term ‘‘Secretary’’ means the Sec6 retary of Energy. 

7 SEC. 302. GRID AND TRANSMISSION OPTIMIZATION. 

8 (a) ESTABLISHMENT OF PROGRAM.— 

9 (1) IN GENERAL.—The Secretary, in consulta10 tion with the Chairman of the Federal Energy Regu11 latory Commission, shall establish a program (re12 ferred to in this section as the ‘‘program’’) to use 

13 artificial intelligence to optimize energy grids and 

14 transmission— 

15 (A) to minimize the loss of electrical en16 ergy; 

17 (B) to stabilize energy flows to minimize 

18 power outages and power surges; 

19 (C) to compensate for variability in energy 

20 production; 

21 (D) to maximize the efficient use of new 

22 energy sources; and 

23 (E) to account for other factors, as appro24 priate. 


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1 (2) DEADLINE.—The program shall be estab2 lished not later than 1 year after the later of— 

3 (A) the date on which the report required 

4 under section 5.2(g)(i) of Executive Order 

5 14110 (88 Fed. Reg. 75191; relating to safe, 

6 secure, and trustworthy development and use of 

7 artificial intelligence) is issued; and 

8 (B) the date of enactment of this Act. 

9 (b) TRAINING DATASET.—In establishing and car10 rying out the program, the Secretary shall collect data on 

11 electrical production, transmission, use, and other factors, 

12 as appropriate, to gather and curate a regularly updated 

13 dataset for purposes of training artificial intelligence tech14 nology used in furtherance of the program. 

15 (c) DATA ACQUISITION.—The Secretary may con16 tract to acquire relevant data for purposes of this section. 

17 (d) PUBLIC ACCESS.—Subject to subsection (e), the 

18 Secretary shall make available to the public, at no cost 

19 and with no restrictions on copying, publishing, distrib20 uting, citing, adapting, or otherwise using under an open 

21 license— 

22 (1) the code for any artificial intelligence devel23 oped in furtherance of the program; and 

24 (2) the training dataset curated under sub25 section (b). 


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1 (e) NATIONAL SECURITY.— 

2 (1) IN GENERAL.—Notwithstanding any other 

3 provision of this section, the Secretary may withhold 

4 any model, code, or data from disclosure under sub5 section (d) or any other law if the Secretary, in con6 sultation with the Secretary of Defense, as appro7 priate, determines that withholding the model, code, 

8 or data is necessary to protect— 

9 (A) the national security interests of the 

10 United States; or 

11 (B) the security of the electrical grids or 

12 transmission systems of the United States. 

13 (2) RULE OF CONSTRUCTION.—Nothing in this 

14 section supersedes any other provision of law gov15 erning the protection of the national security inter16 ests of the United States. 

17 SEC. 303. PREPARATION OF ENVIRONMENTAL REVIEW 

18 DOCUMENTS. 

19 (a) DEFINITIONS.—In this section: 

20 (1) NATIONAL ACADEMIES.—The term ‘‘Na21 tional Academies’’ means the National Academies of 

22 Sciences, Engineering, and Medicine. 

23 (2) NEPA; IMPACTS; MAJOR FEDERAL AC24 TION.—The terms ‘‘NEPA’’, ‘‘impacts’’, and ‘‘major 

25 Federal action’’ have the meanings given those 


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1 terms in section 1508.1 of title 40, Code of Federal 

2 Regulations (as in effect on the date of enactment 

3 of this Act). 

4 (b) ESTABLISHMENT OF PROGRAM.—Not later than 

5 1 year after the date of enactment of this Act, the Sec6 retary shall establish a program (referred to in this section 

7 as the ‘‘program’’)— 

8 (1) to use artificial intelligence, including large 

9 language models, to assist in the preparation of doc10 uments to comply with NEPA; 

11 (2) to provide ready access to publicly filed 

12 NEPA compliance documents to further support the 

13 development of documents to comply with NEPA; 

14 and 

15 (3) to assess the reliability of outputs from the 

16 artificial intelligence used under paragraph (1), in17 cluding the viability of using those outputs to sup18 port compliance with NEPA. 

19 (c) BEST PRACTICES.—The Secretary shall develop 

20 and disseminate best practices for minimizing the environ21 mental impacts of the use of artificial intelligence tech22 nology under this section. 

23 (d) TRAINING DATASET.— 

24 (1) IN GENERAL.—In establishing and carrying 

25 out the program, the Secretary shall gather and cuVerDate Sep 11 2014 18:58 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

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1 rate a training dataset of publicly filed NEPA com2 pliance documents relating to— 

3 (A) the mission of the Department of En4 ergy; and 

5 (B) any related statutory authorities. 

6 (2) INCORPORATION OF METADATA.—The 

7 training dataset described in paragraph (1) may in8 corporate metadata, as appropriate to aid in car9 rying out subsection (f). 

10 (e) IMPLEMENTATION AND SCOPE.—In carrying out 

11 this section, the Secretary— 

12 (1) shall adopt an incremental approach, with 

13 utilization by a limited number of participants and 

14 careful assessment, to ensure— 

15 (A) the viability of the artificial intelligence 

16 technology used for purposes of the program; 

17 and 

18 (B) compliance with all applicable environ19 mental statutes, rules, regulations, and inter20 national laws; and 

21 (2) may broaden the scope of the program to 

22 include the application of artificial intelligence tech23 nology to assist with the preparation of other envi24 ronmental compliance documents, subject to all apVerDate Sep 11 2014 18:58 Mar 15, 2024 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

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1 plicable environmental statutes, rules, regulations, 

2 and international laws. 

3 (f) PUBLIC ACCESS.—The Secretary shall make 

4 available to the public, at no cost and with no restrictions 

5 on copying, publishing, distributing, citing, adapting, or 

6 otherwise using under an open license— 

7 (1) the code for any artificial intelligence devel8 oped in furtherance of the program; 

9 (2) the training dataset curated under sub10 section (d); and 

11 (3) the particular NEPA documents used in the 

12 training dataset curated under subsection (d), which 

13 shall be searchable, at a minimum, by— 

14 (A) project name; 

15 (B) geography; 

16 (C) keywords; 

17 (D) type of major Federal action; and 

18 (E) other parameters, as appropriate or 

19 convenient. 

20 (g) PROGRAM REVIEW.— 

21 (1) IN GENERAL.—Not later than 2 years after 

22 the date on which the program is established, the 

23 Secretary shall enter into a contract with the Na24 tional Academies to assess— 


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1 (A) the program, including a comparison 

2 of the efficacy, accuracy, and speed of pre3 paring comparable documents using the artifi4 cial intelligence described in subsection (b) and 

5 traditional methods; 

6 (B) the training dataset curated under 

7 subsection (d); and 

8 (C) any artificial intelligence developed in 

9 furtherance of the program. 

10 (2) REQUIREMENTS.—In carrying out the as11 sessment under paragraph (1), the National Acad12 emies shall consider— 

13 (A) the legal viability of the NEPA compli14 ance documents prepared using— 

15 (i) an artificial intelligence developed 

16 under this section; or 

17 (ii) the training dataset curated under 

18 subsection (d); and 

19 (B) the capacity of the program— 

20 (i) to take into account the unique 

21 cultural concerns regarding impacts to spe22 cific sites and communities from a major 

23 Federal action; and 

24 (ii) to avoid bias arising from the lim25 itations of the training dataset. 


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1 (3) RECOMMENDATIONS.—In carrying out the 

2 assessment under paragraph (1), the National Acad3 emies shall issue recommendations on how the Sec4 retary may improve— 

5 (A) the artificial intelligence; and 

6 (B) the curation of the training dataset 

7 under subsection (d). 

8 (h) SAVINGS PROVISION.—Nothing in this section 

9 shall— 

10 (1) limit or modify any applicable environ11 mental law; or 

12 (2) affect compliance of applications for permits 

13 and other permissions with all applicable statutes, 

14 rules, regulations, and international laws. 

15 TITLE IV—AUTHORIZATION OF 

16 APPROPRIATIONS 

17 SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act. 

Æ 


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