H.R. 8037 — Protect American AI Act of 2026

This section defines, for purposes of the Act— (1) covered application as an application for an authorization to site, construct, expand, or operate a data center or covered infrastructure; (2) data center as any facility that primarily contains electronic equipment used to process, store, or transmit digital information; and (3) covered infrastructure as any infrastructure, facility, or other project that is primarily constructed, expanded, or operated to support a data center.

This section provides that a civil action challenging an environmental review under the Natural Gas Act, Federal Water Pollution Control Act, Endangered Species Act of 1973, sections 10 and 14 of the Act of March 3, 1899 (33 U.S.C. 403, 408), Clean Air Act, or National Environmental Policy Act with respect to a data center or covered infrastructure does not affect the validity of any issued permit, license, or approval for such project. If a court finds a violation in the review, the court must remand to the relevant federal agency without vacating the authorization (notwithstanding the Administrative Procedure Act), and the agency must continue processing all covered applications.

This section establishes original and exclusive jurisdiction (except Supreme Court review) in the U.S. Court of Appeals for the circuit in which a data center or covered infrastructure is or will be located over civil actions for review of federal agency orders on covered applications. The section further— (1) requires expedited review and prompt docketing by that court; (2) directs transfer of any existing petitions for review, upon applicant motion, to that court for adjudication under these rules; (3) bars claims seeking judicial review of related permits, licenses, or approvals unless filed within 90 days of Federal Register notice of final agency action (or shorter period if specified by law); and (4) clarifies that it creates no new right to judicial review and does not limit claims alleging violations of permit terms.