How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''Protect American AI Act of 2026''.
Establishes the short title of the Act as the Protect American AI Act of 2026. Creates no compliance obligations.
(1) COVERED APPLICATIONCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1).—The term ''covered applicationCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1)'' means an application for an authorization to site, construct, expand, or operate a— (A) data centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2); or (B) covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3).
(2) DATA CENTERData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2).—The term ''data centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2)'' means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.
(3) COVERED INFRASTRUCTURECovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3).—The term ''covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3)'' means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2).
Defines three key terms — covered application, data center, and covered infrastructure — that determine the scope of the bill's litigation-limiting provisions. A data center is any facility primarily containing electronic equipment used to process, store, or transmit digital information. Covered infrastructure is any infrastructure primarily constructed, expanded, or operated to support a data center, which would include power generation facilities, transmission lines, water cooling systems, and similar support projects.
(a) 1 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 centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2) or covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3) shall not affect the validity of a permit, license, or approval issued for the data centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2) or covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3) that is the subject of the civil action.
(b)(1)–(2) 2 REMAND; PROCESSING OF COVERED APPLICATIONSCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1).—If, in a civil action described in subsection (a), the environmental review for a permit, license, or approval issued to the data centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2) or covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3) 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 centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2) or covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3) 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 applicationsCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1).
Section 3 is the core operative provision. Subsection (a) provides that environmental litigation challenging a data center or covered infrastructure project under any of six enumerated federal environmental statutes shall not affect the validity of permits, licenses, or approvals already issued for the project. Subsection (b) specifies the remedy when a court finds a violation: notwithstanding the Administrative Procedure Act, the court must remand the matter to the relevant federal agency rather than vacating the permit, and the agency must continue processing all covered applications during the remand. This is a significant departure from the standard APA judicial-review framework, which typically allows courts to set aside unlawful agency action.
The section imposes obligations on federal courts and federal agencies — not on private AI developers, deployers, or data center operators. It creates no new private-sector compliance duties.
(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 centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2) or covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3) is, or will be, located pursuant to a covered applicationCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1) 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 applicationCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1).
(b)(1)–(2) 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)(1)–(2) TRANSFER OF EXISTING ACTIONS.—In the case of a covered applicationCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1) 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 centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2) or covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3) that is the subject of the covered applicationCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1) 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 centerData centerThe term "data center" means any facility that primarily contains electronic equipment used to process, store, or transmit digital information.Sec. 2(2) or covered infrastructureCovered infrastructureThe term "covered infrastructure" means any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.Sec. 2(3) pursuant to a covered applicationCovered applicationThe term "covered application" means an application for an authorization to site, construct, expand, or operate a— (A) data center; or (B) covered infrastructure.Sec. 2(1) 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.
Section 4 restructures the judicial review process for data center environmental permits. Subsection (a) channels original and exclusive jurisdiction to the U.S. Court of Appeals for the circuit where the data center or covered infrastructure is or will be located. Subsection (b) requires expedited review and prompt docketing. Subsection (c) provides for transfer of actions already pending at the time of enactment to the appropriate circuit court. Subsection (d) imposes a 90-day statute of limitations from Federal Register publication of the final permit. Subsection (e) is a savings clause preserving existing rights to challenge permit-term violations.
All obligations in this section fall on federal courts. No private-sector AI compliance duties are created.