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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5927 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 5927
To amend the Defense Production Act of 1950 to accelerate designated
critical artificial intelligence infrastructure projects as a priority
national defense projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2025
Mr. Barr introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Defense Production Act of 1950 to accelerate designated
critical artificial intelligence infrastructure projects as a priority
national defense projects, and for other purposes.
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 ``Securing Reliable Power for Advanced
Technologies Act''.
SEC. 2. ACCELERATION OF DESIGNATED CRITICAL ARTIFICIAL INTELLIGENCE
INFRASTRUCTURE PROJECTS.
(a) In General.--Title III of the Defense Production Act of 1950
(50 U.S.C. 4531 et seq.) is amended by adding at the end the following:
``SEC. 306. ACCELERATION OF DESIGNATED CRITICAL ARTIFICIAL INTELLIGENCE
INFRASTRUCTURE PROJECTS.
``(a) Definitions.--In this section:
``(1) Covered project.--The term `covered project' means a
project to construct, expand, repower, or reopen critical
artificial intelligence infrastructure.
``(2) Critical artificial intelligence infrastructure.--The
term `critical artificial intelligence infrastructure' means--
``(A) one or more data centers or high-performance
computing facilities with a total connected electrical
load of not less than 50 megawatts that is primarily
dedicated to the training, development, or inference of
artificial intelligence or other machine learning
models;
``(B) any dispatchable baseload electric generation
facility--
``(i) with a nameplate capacity of not less
than 100 megawatts;
``(ii) capable, without regard to
restrictions on use imposed solely for reasons
other than engineering design or physical
capability, of providing firm, dispatchable
capacity and continuous electric service for
not less than 85 percent of the hours in a
typical calendar year;
``(iii) that does not derive its primary
energy input from intermittent renewable
sources, with or without energy storage; and
``(iv) is contractually committed, in whole
or material part, to provide firm, dispatchable
electric supply to facilities described in
subparagraph (A), through the applicable retail
electric utility or cooperative serving such
facilities, consistent with State service laws;
``(C) associated high-voltage electric transmission
facilities, including any network transmission upgrades
necessary to reliably serve the facilities, essential
to interconnect facilities described in subparagraph
(A) or (B); or
``(D) fuel supply infrastructure essential to the
operation of facilities described in subparagraph (B),
including--
``(i) coal mines and coal preparation
facilities, as defined in section 701 of the
Surface Mining Control and Reclamation Act of
1977 (30 U.S.C. 1291);
``(ii) natural gas gathering, processing,
storage, and transportation facilities subject
to the Natural Gas Act (15 U.S.C. 717 et seq.);
``(iii) oil and gas wells and wellhead
production facilities (as defined in section
3(4) of the Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1702(4))),
together with oil or petroleum product
pipelines and related terminals (as such term
relates to hazardous liquid pipeline facilities
under section 60101(a)(22) of title 49, United
States Code); and
``(iv) rail, barge, or other transportation
infrastructure (as such terms are used in
sections 13102(27) of title 49 and 2101(3) of
title 46, United States Code) materially
dedicated to the delivery of fuel to such
facilities.
``(3) Federal authorization.--The term `Federal
authorization' means any permit, license, approval, or other
administrative decision required under Federal law to site,
construct, expand, operate, or maintain a covered project.
``(b) Presidential Designation.--The President may designate one or
more covered projects as priority national defense projects and publish
such designation in the Federal Register.
``(c) Concurrent Permitting.--
``(1) Coordination.--For any covered project designated
under subsection (a), the President shall require each head of
a Federal agency with responsibility for issuing permits,
licenses, or approvals to--
``(A) conduct reviews concurrently to the maximum
extent practicable and consistent with applicable law;
and
``(B) adhere to a consolidated schedule established
by the President in accordance with paragraph (2).
``(2) Schedule.--The President shall ensure that a
consolidated schedule described in paragraph (1)--
``(A) establishes interim milestones and deadlines
for action by the head of a Federal agency described in
paragraph (1) with respect to the designated covered
project; and
``(B) requires completion of all necessary Federal
authorizations not later than 2 years after receipt of
a complete application from the owner of the covered
project, unless the President determines that
additional time is required due to extraordinary
circumstances.
``(3) Consultation.--The President may consult with State,
Tribal, or local permitting authorities in developing the
consolidated schedule described in paragraph (2).
``(4) Enforcement.--Failure by a Federal agency to adhere
to the consolidated schedule established for a designated
covered project unless approved by the President shall be
treated as a failure to act under section 706(1) of title 5,
United States Code.
``(5) Dispute resolution.--
``(A) In general.--The President or a designee
described in subparagraph (B) shall have exclusive
authority to resolve disputes among Federal agencies
regarding the scope, schedule, or terms of Federal
authorizations.
``(B) Designee described.--The President may, for a
covered project, assign a designee as follows:
``(i) The Secretary of Defense.
``(ii) After publication in the Federal
Register, the head of another Federal agency.
``(d) Environmental Review.--The President shall designate a single
Federal agency to serve as the lead agency responsible for preparing
all environmental reviews and related documents for a designated
covered project, which shall be deemed sufficient for such reviews
required for relevant Federal authorizations.
``(e) Judicial Review.--
``(1) Venue; limitation.--A civil action seeking review of
a designation under subsection (b) shall be brought only in the
District of Columbia Circuit. A civil action seeking review of
a Federal authorization under subsection (c) shall be brought
in the United States Court of Appeals for the circuit in which
the covered project is principally located.
``(2) Timing of civil actions.--A civil action described in
paragraph (1) may only be brought during the 60-day period
following the date on which the applicable designation or
authorization is made.
``(3) Expedited consideration.--The United States Court of
Appeals for the District of Columbia Circuit shall provide
expedited consideration for a civil action described in
paragraph (1), and shall issue a final decision on the merits
not later than 60 days after date of filing of the complaint.
Such decision may only be appealed to the Supreme Court of the
United States.
``(4) Injunctive relief.--The United States Court of
Appeals for the District of Columbia Circuit may not issue a
preliminary injunction for a civil action described in
paragraph (1) unless the court finds a designation or an
authorization that is the subject of the civil action is
arbitrary, capricious, or contrary to law. Any injunctive
relief shall be narrowly tailored to remedy such defect.
``(5) Remedies.--The United States Court of Appeals for the
District of Columbia Circuit may not vacate a designation or
authorization unless the court finds by clear and convincing
evidence that the designation or authorization is unlawful.
Relief shall be limited to the covered project that is the
subject of the civil action.
``(f) National Defense Exemption.--The President may, by executive
order, exempt a covered project designated under this section from the
application of new emissions limitations or operational requirements
promulgated under Federal law after the date of designation, if the
President determines and publishes in the Federal Register that--
``(1) the continued operation of such project is necessary
for national defense (as defined in section 702 of this Act);
and
``(2) application of such new requirements would materially
impair the ability of the project to provide critical capacity
in support of national defense.
``(g) Compensation for Federal Regulatory Impairment.--
``(1) Right to compensation.--If, after a project or
facility is designated under subsection (b), any change in
Federal statute, regulation, agency order, or permit condition
imposed by a Federal agency prohibits or materially impairs the
operation of a facility described in subsection (a)(2) for a
continuous period of not less than 180 days--despite the
facility's compliance with all previously applicable Federal
requirements--the United States shall pay monetary compensation
to the owner or operator for the resulting loss in value and
revenue, as determined under paragraph (2).
``(2) Determination of compensation amount.--The amount of
compensation shall equal the diminution in fair market value of
the facility and the reasonably foreseeable loss of net revenue
directly caused by the Federal action, as determined by an
independent appraisal using generally accepted valuation
methodologies that exclude unrelated market fluctuations or
voluntary retirements.
``(3) Procedure.--A claim shall be filed with the lead
agency designated under subsection (d) within 270 days after
the impairment period described in paragraph (1) is satisfied.
The lead agency shall issue a final written determination
within 180 days after a complete claim is filed. Failure to act
within that period shall constitute final agency action for
purposes of subsection (e).
``(4) Source of funds.--Compensation under this subsection
shall be paid from the Defense Production Act Fund established
under section 304 of this Act, subject to the availability of
appropriations. The head of the lead agency may enter into
binding settlement agreements to satisfy liability under this
subsection.
``(5) Limitations and exclusions.--No compensation shall be
paid for losses attributable to--
``(A) gross negligence, willful misconduct, or
knowing violation of law by the claimant;
``(B) voluntary retirement, decommissioning, or
mothballing decisions not compelled by the Federal
action;
``(C) non-Federal actions or orders;
``(D) routine permitting delays or conditions not
rising to a material impairment; or
``(E) costs or losses already recovered from
ratepayers or third parties, or that would result in
double recovery.
The claimant shall have a duty to mitigate losses reasonably.
``(6) Remedies and sovereign immunity.--The United States
waives sovereign immunity for monetary relief under this
subsection, but not for punitive, exemplary, incidental, or
consequential damages, and not for attorneys' fees except as
expressly provided by law. Venue, timing, expedited
consideration, and standards of review shall be as set forth in
subsection (e). Relief shall be limited to payment of the
compensation amount.
``(7) Subrogation.--Upon payment, the United States shall
be subrogated to the claimant's rights against any third party
with respect to the impairment to the extent of such payment.
``(h) Title III Financial Assistance for Dispatchable Baseload
Facilities Serving Designated Projects.--
``(1) Eligibility.--A facility described in subsection
(a)(2), including a coal-fueled facility meeting subsection
(a)(2)(A)-(C) and contractually dedicated under subsection
(a)(2)(D), shall be eligible to receive financial assistance
under sections 302 and 303 of this title, including loans and
loan guarantees, purchase commitments, and other instruments to
expand or preserve productive capacity necessary to serve
critical artificial intelligence infrastructure.
``(2) Administration.--The President may carry out this
subsection directly or through delegation to the Secretary of
Defense, the Secretary of Energy, or another appropriate
officer. Electric cooperatives and their subsidiaries shall be
eligible recipients on the same terms as investor-owned or
municipal utilities.
``(3) Terms.--Subject to sections 302 and 303, assistance
may cover up to 90 percent of reasonable project costs, with a
maximum maturity of 30 years or 90 percent of the reasonably
expected economic life of the financed assets, whichever is
shorter. The President may require collateral, seniority,
covenants, or credit support as necessary to protect the
interests of the United States.
``(4) Priority.--In making awards, the President shall give
priority to facilities that--
``(A) directly supply one or more projects
designated under subsection (b);
``(B) can commence commercial operation or repower
within 36 months; and
``(C) materially improve regional reliability
margins as determined by the applicable reliability
entity.
``(5) Use of funds.--Amounts made available to carry out
title III may be used to provide assistance under this
subsection, including for pre-construction activities, long-
lead equipment, environmental controls, and interconnection or
network upgrades essential to serve designated projects.
``(6) Guidance.--Not later than 180 days after the date of
enactment of this section, the President (or designee) shall
issue guidance establishing application procedures and standard
terms for assistance under this subsection.
``(i) Funding.--Amounts made available under this title may be used
to carry out the consolidated schedule described in subsection (c)(2),
including for staff, technical reviews, or contracting necessary to
meet the requirements of such consolidated schedule.
``(j) Access to Funding.--In carrying out this section, the
President shall ensure that rural electric cooperatives that are
eligible for financing, loans, and loan guarantees available through
the Rural Utilities Service of the Department of Agriculture can be
designated as a covered project, including such cooperatives involved
in the generation, transmission, or interconnection of facilities that
support critical artificial intelligence infrastructure.''.
(b) Conforming Amendment.--Section 702(14) of the Defense
Production Act of 1950 (50 U.S.C. 4552(14)) is amended by inserting
``(including critical artificial intelligence infrastructure designated
under section 306)'' after ``critical infrastructure protection and
restoration''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Financial Services.
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