Bill Summary
The "Protect American AI Act of 2026" is a legislative proposal aimed at streamlining the environmental review process for data centers and their supporting infrastructure.
Key provisions include:
1. **Definition of Terms**: The Act defines "data centers" as facilities primarily for processing, storing, or transmitting digital information, and "covered infrastructure" as projects that support data centers.
2. **Impact of Litigation**: The Act stipulates that civil actions related to environmental reviews (under various environmental laws) will not invalidate permits or approvals for data centers, even if a court finds violations in the environmental reviews. Instead, the matter would be remanded to the relevant federal agency for resolution while allowing the application process to continue.
3. **Judicial Review and Expedited Processing**: The Act designates the relevant U.S. Court of Appeals to have original and exclusive jurisdiction over civil actions regarding covered applications. It mandates expedited review processes for these cases to ensure timely adjudication.
4. **Limitation on Judicial Claims**: Claims seeking judicial review of permits must be filed within 90 days after the Federal Register publishes a notice that the permit is final, thereby limiting the timeframe for challenges.
Overall, this legislation seeks to reduce litigation delays associated with environmental approvals for data centers, thereby promoting the development and expansion of digital infrastructure critical to the U.S. economy.
Possible Impacts
The "Protect American AI Act of 2026" could affect people in several ways, including:
1. **Environmental Concerns**: Individuals and community groups who are concerned about the environmental impact of data centers may find their ability to challenge permits and approvals significantly limited. The legislation allows permits to remain valid despite ongoing litigation regarding environmental reviews, which could lead to construction and operation of data centers that some community members believe may harm local ecosystems, air quality, or water resources.
2. **Economic Development and Job Creation**: The act may promote faster approval and construction of data centers, which could lead to economic growth in certain regions. This could create job opportunities in tech-related sectors and support local economies. However, the speed of these developments might not allow for adequate public input or consideration of local concerns, potentially leading to mixed reactions from the community.
3. **Legal Rights and Access to Justice**: By limiting the timeframe for filing claims against permits to 90 days and establishing exclusive jurisdiction in specific courts, the legislation may restrict individuals’ and organizations’ access to legal avenues for contesting decisions made by federal agencies. This could be particularly concerning for environmental advocacy groups and residents who wish to ensure that their voices are heard in the permitting process of data centers and associated infrastructure.
Overall, the legislation could streamline the application process for data centers, but it may also raise concerns regarding environmental protection, community input, and access to legal remedies.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8037 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8037
To limit the effect of litigation on the environmental application
process for data centers and associated infrastructure.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 24, 2026
Mr. Baumgartner introduced the following bill; which was referred to
the Committee on the Judiciary, and in addition to the Committee on
Energy and Commerce, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To limit the effect of litigation on the environmental application
process for data centers and associated infrastructure.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect American AI Act of 2026''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Covered application.--The term ``covered application''
means an application for an authorization to site, construct,
expand, or operate a--
(A) data center; or
(B) covered infrastructure.
(2) Data center.--The term ``data center'' means any
facility that primarily contains electronic equipment used to
process, store, or transmit digital information.
(3) Covered infrastructure.--The term ``covered
infrastructure'' means any infrastructure, facility, or other
project that is primarily constructed, expanded, or operated to
support a data center.
SEC. 3. EFFECT OF LITIGATION ON DATA CENTER AND COVERED INFRASTRUCTURE
APPLICATIONS.
(a) Effect of Litigation.--A civil action relating to an
environmental review under the Natural Gas Act (15 U.S.C. 717 et seq.),
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), sections 10
and 14 of the Act of March 3, 1899 (33 U.S.C. 403; 408), the Clean Air
Act (42 U.S.C. 7401 et seq.), or the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) with respect to a data center or
covered infrastructure shall not affect the validity of a permit,
license, or approval issued for the data center or covered
infrastructure that is the subject of the civil action.
(b) Remand; Processing of Covered Applications.--If, in a civil
action described in subsection (a), the environmental review for a
permit, license, or approval issued to the data center or covered
infrastructure that is the subject of the civil action is found by the
applicable court to violate the Natural Gas Act (15 U.S.C. 717 et
seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
sections 10 and 14 of the Act of March 3, 1899 (33 U.S.C. 403; 408),
the Clean Air Act (42 U.S.C. 7401 et seq.), or the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)--
(1) notwithstanding chapter 5 or 7 of title 5, United
States Code (commonly referred to as the ``Administrative
Procedure Act''), the applicable court shall not set aside or
vacate the permit, license, or approval issued for the data
center or covered infrastructure but instead remand the matter
to the relevant Federal agency to resolve the violation; and
(2) the relevant Federal agency shall continue to process
all covered applications.
SEC. 4. ACTION ON COVERED APPLICATIONS.
(a) Judicial Review.--Except for review in the Supreme Court of the
United States, the court of appeals of the United States for the
circuit in which a data center or covered infrastructure is, or will
be, located pursuant to a covered application shall have original and
exclusive jurisdiction over any civil action for the review of an order
issued by a Federal agency with respect to the covered application.
(b) Expedited Review.--The applicable United States Court of
Appeals under subsection (a) shall--
(1) set any civil action brought under this subsection for
expedited review; and
(2) set the action on the docket as soon as practicable
after the filing date of the initial pleading.
(c) Transfer of Existing Actions.--In the case of a covered
application for which a petition for review has been filed as of the
date of enactment of this Act, the petition shall be--
(1) on a motion by the applicant, transferred to the court
of appeals of the United States in which the data center or
covered infrastructure that is the subject of the covered
application is, or will be, located; and
(2) adjudicated in accordance with this section.
(d) Limitation on Claims.--Notwithstanding any other provision of
law, a claim arising under Federal law seeking judicial review of a
permit, license, or approval issued by a Federal agency for a data
center or covered infrastructure pursuant to a covered application
shall be barred unless the claim is filed not later than 90 days after
publication of a notice in the Federal Register announcing that the
permit, license, or approval is final pursuant to the law under which
the agency action is taken, unless a shorter time is specified in the
Federal law pursuant to which judicial review is allowed.
(e) Savings Clause.--Nothing in this section establishes a right to
judicial review or places any limit on filing a claim that a person has
violated the terms of a permit, license, or approval.
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