15 U.S.C. § 9401 (COMMERCE AND TRADE)
§ 9401. Definitions
In this chapter:
(1) Advisory Committee
The term “Advisory Committee” means the National Artificial Intelligence Advisory Committee established under section 9414(a) of this title.
(2) Agency head
The term “agency head” means the head of any Executive agency (as defined in section 105 of title 5).
(3) Artificial intelligence
The term “artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to—
(A) perceive real and virtual environments;
(B) abstract such perceptions into models through analysis in an automated manner; and
(C) use model inference to formulate options for information or action.
(4) Community college
The term “community college” means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate’s degree, including 2-year Tribal Colleges or Universities under section 1059c of title 20 and public 2-year State institutions of higher education.
(5) Initiative
The term “Initiative” means the National Artificial Intelligence Initiative established under section 9411(a) of this title.
(6) Initiative Office
The term “Initiative Office” means the National Artificial Intelligence Initiative Office established under section 9412(a) of this title.
(7) Institute
The term “Institute” means an Artificial Intelligence Research Institute described in section 9431(b)(2) of this title.
(8) Institution of higher education
The term “institution of higher education” has the meaning given the term in section 1001 and section 1002(c) of title 20.
(9) Interagency Committee
The term “Interagency Committee” means the interagency committee established under section 9413(a) of this title.
(10) K-12 education
The term “K-12 education” means elementary school and secondary school education provided by local educational agencies, as such agencies are defined in section 7801 of title 20.
(11) Machine learning
The term “machine learning” means an application of artificial intelligence that is characterized by providing systems the ability to automatically learn and improve on the basis of data or experience, without being explicitly programmed.
(Pub. L. 116–283, div. E, § 5002, Jan. 1, 2021, 134 Stat. 4523.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this division”, meaning div. E of Pub. L. 116–283, Jan. 1, 2021, 134 Stat. 4523, which is classified principally to this chapter. For complete classification of div. E to the Code, see Short Title note set out below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 116–283, div. E, § 5001, Jan. 1, 2021, 134 Stat. 4523, provided that: “This division [enacting this chapter and section 278h–1 of this title and amending sections 1862i and 1862n–1 of Title 42, The Public Health and Welfare] may be cited as the ‘National Artificial Intelligence Initiative Act of 2020’.”
heading: Executive Documents
heading: Executive Order No. 14110
text: Ex. Ord. No. 14110, Oct. 30, 2023, 88 F.R. 75191, which related to safe, secure, and trustworthy development and use of artificial intelligence, was revoked by Ex. Ord. No. 14148, § 2(ggg), Jan. 20, 2025, 90 F.R. 8240.
heading: Executive Order No. 14141
text: Ex. Ord. No. 14141, Jan. 14, 2025, 90 F.R. 5469, which related to the development and operation of infrastructure necessary to establishing United States’ economic competitiveness in artificial intelligence, was revoked by Ex. Ord. No. 14318, § 4, July 23, 2025, 90 F.R. 35386.
heading: Ex. Ord. No. 14179. Removing Barriers to American Leadership in Artificial Intelligence
text: Ex. Ord. No. 14179, Jan. 23, 2025, 90 F.R. 8741, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. The United States has long been at the forefront of artificial intelligence (AI) innovation, driven by the strength of our free markets, world-class research institutions, and entrepreneurial spirit. To maintain this leadership, we must develop AI systems that are free from ideological bias or engineered social agendas. With the right Government policies, we can solidify our position as the global leader in AI and secure a brighter future for all Americans. This order revokes certain existing AI policies and directives that act as barriers to American AI innovation, clearing a path for the United States to act decisively to retain global leadership in artificial intelligence.
Sec. 2. Policy. It is the policy of the United States to sustain and enhance America’s global AI dominance in order to promote human flourishing, economic competitiveness, and national security.
Sec. 3. Definition. For the purposes of this order, “artificial intelligence” or “AI” has the meaning set forth in 15 U.S.C. 9401(3).
Sec. 4. Developing an Artificial Intelligence Action Plan. (a) Within 180 days of this order [Jan. 23, 2025], the Assistant to the President for Science and Technology (APST), the Special Advisor for AI and Crypto, and the Assistant to the President for National Security Affairs (APNSA), in coordination with the Assistant to the President for Economic Policy, the Assistant to the President for Domestic Policy, the Director of the Office of Management and Budget (OMB Director), and the heads of such executive departments and agencies (agencies) as the APST and APNSA deem relevant, shall develop and submit to the President an action plan to achieve the policy set forth in section 2 of this order.
Sec. 5. Implementation of Order Revocation. (a) The APST, the Special Advisor for AI and Crypto, and the APNSA shall immediately review, in coordination with the heads of all agencies as they deem relevant, all policies, directives, regulations, orders, and other actions taken pursuant to the revoked Executive Order 14110 of October 30, 2023 (Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence) [formerly set out above]. The APST, the Special Advisor for AI and Crypto, and the APNSA shall, in coordination with the heads of relevant agencies, identify any actions taken pursuant to Executive Order 14110 that are or may be inconsistent with, or present obstacles to, the policy set forth in section 2 of this order. For any such agency actions identified, the heads of agencies shall, as appropriate and consistent with applicable law, suspend, revise, or rescind such actions, or propose suspending, revising, or rescinding such actions. If in any case such suspension, revision, or rescission cannot be finalized immediately, the APST and the heads of agencies shall promptly take steps to provide all available exemptions authorized by any such orders, rules, regulations, guidelines, or policies, as appropriate and consistent with applicable law, until such action can be finalized.
(b) Within 60 days of this order, the OMB Director, in coordination with the APST, shall revise OMB Memoranda M–24–10 and M–24–18 as necessary to make them consistent with the policy set forth in section 2 of this order.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
heading: Ex. Ord. No. 14318. Accelerating Federal Permitting of Data Center Infrastructure
text: Ex. Ord. No. 14318, July 23, 2025, 90 F.R. 35385, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Policy and Purpose. My Administration has inaugurated a golden age for American manufacturing and technological dominance. We will pursue bold, large-scale industrial plans to vault the United States further into the lead on critical manufacturing processes and technologies that are essential to national security, economic prosperity, and scientific leadership. These plans include artificial intelligence (AI) data centers and infrastructure that powers them, including high-voltage transmission lines and other equipment. It will be a priority of my Administration to facilitate the rapid and efficient buildout of this infrastructure by easing Federal regulatory burdens.
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.
Sec. 2. Definitions. For purposes of this order:
(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].
Sec. 3. Encouraging Qualifying Projects. The Secretary of Commerce, in consultation with the Director of the Office of Science and Technology Policy (OSTP) and other relevant executive departments and agencies (agencies), shall launch an initiative to provide financial support for Qualifying Projects, which could include loans and loan guarantees, grants, tax incentives, and offtake agreements. All relevant agencies shall identify and submit to the Director of OSTP any such relevant existing financial support that can be used to assist Qualifying Projects, consistent with the protection of national security.
Sec. 4. Revocation of Executive Order 14141. Executive Order 14141 of January 14, 2025 (Advancing United States Leadership in Artificial Intelligence Infrastructure) [formerly set out above], is hereby revoked.
Sec. 5. Efficient Environmental Reviews. (a) Within 10 days of the date of this order, each relevant agency shall identify to the Council on Environmental Quality any categorical exclusions already established or adopted by such agency pursuant to the National Environmental Policy Act [of 1969, Pub. L. 91–190] (NEPA), reliance on and adoption of which by agencies (pursuant to 42 U.S.C. 4336 and 4336c [sections 106 and 109 of Pub. L. 91–190]) could facilitate the construction of Qualifying Projects.
(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.
Sec. 6. Efficiency and Transparency Through FAST-41. (a) The Executive Director (Executive Director) of the Federal Permitting Improvement Steering Council (FPISC) may, within 30 days of the date that a project is identified to FPISC by a relevant agency, designate a Qualifying Project as a transparency project pursuant to 42 U.S.C. 4370m–2(b)(2)(A)(iii) [section 41003(b)(2)(A)(iii) of Pub. L. 114—94] and section 41003 of the Fixing America’s Surface Transportation Act (Public Law 114–94, 129 Stat. 1312, 1747) (FAST-41) [sic]. Within 30 days of receiving such agency notification, the Executive Director may publish Qualifying Projects on the Permitting Dashboard established under section 41003(b) of FAST-41, including schedules for expedited review.
(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).
Sec. 7. Streamlining of Permitting Review. (a) The Administrator of the Environmental Protection Agency shall assist in expediting permitting on Federal and non-Federal lands by developing or modifying regulations promulgated under the Clean Air Act (42 U.S.C. 7401 et seq.); the Clean Water Act [Federal Water Pollution Control Act] (33 U.S.C. 1251 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act [of 1980] (42 U.S.C. 9601 et seq.); the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and other relevant applicable laws, in each case, that impact the development of Qualifying Projects.
(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.
Sec. 8. Biological and Water Permitting Efficiencies. (a) Upon identification of sites by the Secretary of the Interior and the Secretary of Energy as described in section 9 of this order, the action agency, as identified through the process described in the Endangered Species Act [of 1973] (16 U.S.C. 1531–1544) (ESA), shall initiate consultation under section 7 of the ESA with the Secretary of the Interior, the Secretary of Commerce, or both with respect to common construction activities for Qualifying Projects that will occur over the next 10 years at a programmatic level. The Secretary of the Interior and the Secretary of Commerce shall utilize programmatic consultation to ensure timely and efficient completion of such consultation.
(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.
Sec. 9. Federal Lands Availability. (a) The Department of the Interior and the Department of Energy shall, after consultation with industry and further in consultation with the Department of Commerce as to the Project Sponsors to which relevant authorizations shall be granted, offer appropriate authorizations for sites identified by the Secretary of the Interior or the Secretary of Energy, as applicable and appropriate for the relevant uses, consistent with 42 U.S.C. 2201 [section 161 of act Aug. 1, 1946], 42 U.S.C. 7256 [section 646 of Pub. L. 95–91], 43 U.S.C. 1701 et seq. [Pub. L. 94–579], and all other applicable law.
(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.
Sec. 10. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Energy.
Donald J. Trump.
heading: Ex. Ord. No. 14320. Promoting the Export of the American AI Technology Stack
text: Ex. Ord. No. 14320, July 23, 2025, 90 F.R. 35393, provided:
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:
Section 1. Purpose. Artificial intelligence (AI) is a foundational technology that will define the future of economic growth, national security, and global competitiveness for decades to come. The United States must not only lead in developing general-purpose and frontier AI capabilities, but also ensure that American AI technologies, standards, and governance models are adopted worldwide to strengthen relationships with our allies and secure our continued technological dominance. This order establishes a coordinated national effort to support the American AI industry by promoting the export of full-stack American AI technology packages.
Sec. 2. Policy. It is the policy of the United States to preserve and extend American leadership in AI and decrease international dependence on AI technologies developed by our adversaries by supporting the global deployment of United States-origin AI technologies.
Sec. 3. Establishment of the American AI Exports Program. (a) Within 90 days of the date of this order [July 23, 2025], the Secretary of Commerce shall, in consultation with the Secretary of State and the Director of the Office of Science and Technology Policy (OSTP), establish and implement the American AI Exports Program (Program) to support the development and deployment of United States full-stack AI export packages.
(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.
Sec. 4. Mobilization of Federal Financing Tools. (a) The Economic Diplomacy Action Group (EDAG), established in the Presidential Memorandum of June 21, 2024 [22 U.S.C. 9904 note], chaired by the Secretary of State, in consultation with the Secretary of Commerce and the United States Trade Representative, and as described in section 708 of the Championing American Business Through Diplomacy Act of 2019 (Title VII of Division J of Public Law 116–94) (CABDA) [22 U.S.C. 9904], shall coordinate mobilization of Federal financing tools in support of priority AI export packages.
(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 July 31, 1945]; equity investments, co-financing, political risk insurance, and credit guarantees (22 U.S.C.[ ]9621) [section 1421 of Pub. L. 115–254]; and technical assistance and feasibility studies (22 U.S.C. 2421(b)) [section 661 of Pub. L. 87–195].
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of Commerce.
Donald J. Trump.