119th CONGRESS 2d Session |
To limit the effect of litigation on the environmental application process for data centers and associated infrastructure.
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
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,
This Act may be cited as the “Protect American AI Act of 2026”.
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.