H.R. 5927

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5927 Introduced in House (IH)]

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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''.
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