On January 14, 2025, the Biden Administration issued an Executive Order on “Advancing United States Leadership in Artificial Intelligence Infrastructure” (the “EO”), with the goals of preserving U.S. economic competitiveness and access to powerful AI models, preventing U.S. dependence on foreign infrastructure, and promoting U.S. clean energy production to power the development and operation of AI. Pursuant to these goals, the EO outlines criteria and timeframes for the construction and operation of “frontier AI infrastructure,” including data centers and clean energy resources, by private-sector entities on federal land. The EO builds upon a series of actions on AI issued by the Biden Administration, including the October 2023 Executive Order on Safe, Secure, and Trustworthy AI and an October 2024 AI National Security Memorandum.
I. Federal Sites for AI Data Centers & Clean Energy Facilities
The EO contains various requirements for soliciting and leasing federal sites for AI infrastructure, including:
The EO directs the Departments of Defense (“DOD”) and Energy (“DOE”) to each identify and lease, by the end of 2027, at least three federal sites to private-sector entities for the construction and operation of “frontier AI data centers” and “clean energy facilities” to power them (“frontier AI infrastructure”). Additionally, the EO directs the Department of the Interior (“DOI”) to identify (1) federal sites suitable for additional private-sector clean energy facilities as components of frontier AI infrastructure, and (2) at least five “Priority Geothermal Zones” suitable for geothermal power generation. Finally, the EO directs the DOD and DOE to publish a joint list of ten high-priority federal sites that are most conducive for nuclear power capacities that can be readily available to serve AI data centers by December 31, 2035.
- Public Solicitations. By March 31, 2025, the DOD and DOE must launch competitive, 30-day public solicitations for private-sector proposals to lease federal land for frontier AI infrastructure construction. In addition to identifying proposed sides for AI infrastructure construction, solicitations will require applicants to submit detailed plans regarding:
- Timelines, financing methods, and technical construction plans for the site;
- Proposed frontier AI training work to occur on the site once operational;
- Use of high labor and construction standards at the site; and
- Proposed lab-security measures, including personnel and material access requirements, associated with the operation of frontier AI infrastructure.
The DOD and DOE must select winning proposals by June 30, 2025, taking into account effects on competition in the broader AI ecosystem and other selection criteria, including an applicant’s proposed financing and funding sources; plans for high-quality AI training, resource efficiency, labor standards, and commercialization of IP developed at the site; safety and security measures and capabilities; AI workforce capabilities; and prior experience with comparable construction projects. Continue Reading Biden Administration Releases Executive Order on AI Infrastructure