No Secrets for Data Centers Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10570 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10570

   To limit the enforceability of predispute nondisclosure contract 
    clauses relating to the building of data centers, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2026

Mr. Landsman (for himself, Mr. Barrett, and Mr. Raskin) introduced the 
 following bill; which was referred to the Committee on the Judiciary, 
and in addition to the Committees on Energy and Commerce, and Ways and 
 Means, 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

_______________________________________________________________________

                                 A BILL

 
   To limit the enforceability of predispute nondisclosure contract 
    clauses relating to the building of data centers, 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 ``No Secrets for Data Centers Act of 
2026''.

SEC. 2. LIMITATION ON JUDICIAL ENFORCEABILITY OF PREDISPUTE 
              NONDISCLOSURE CONTRACT CLAUSES RELATING TO THE BUILDING 
              OF DATA CENTERS.

    (a) In General.--With respect to the building of a data center, a 
covered predispute nondisclosure clause shall be void and unenforceable 
in judicial and arbitration proceedings.
    (b) Limitation on Public Incentives.--A data center operator may 
not receive any public incentive that is conditioned on consent to 
prohibit, restrict, or penalize disclosure of information related to 
the building of a data center.
    (c) Definitions.--For purposes of this Act:
            (1) Nondisclosure clause.--The term ``nondisclosure 
        clause'' means a provision in a contract or agreement that 
        requires 1 or more parties to the contract or agreement not to 
        disclose or discuss conduct, the existence of a settlement 
        involving conduct, or information, covered by the terms and 
        conditions of the contract or agreement.
            (2) Predispute nondisclosure clause.--The term ``predispute 
        nondisclosure clause'' means a nondisclosure clause agreed to 
        before a lawsuit is filed under Federal, State, or Tribal law.
            (3) Covered predispute nondisclosure clause.--The term 
        ``covered predispute nondisclosure clause'' means a predispute 
        nondisclosure clause in a contract or agreement--
                    (A) with respect to which a public official is a 
                party in that person's capacity as a public official; 
                or
                    (B) that contains a provision related to public 
                funds, public land, or a public incentive.
            (4) Data center.--The term ``data center'' means--
                    (A) any facility that--
                            (i) primarily contains electronic equipment 
                        used to process, store, and transmit digital 
                        information; and
                            (ii) has a maximum rated power capacity or 
                        projected peak power load of greater than 50 
                        megawatts; or
                    (B) any group of facilities--
                            (i) the majority of which primarily contain 
                        electronic equipment used to process, store, 
                        and transmit digital information; and
                            (ii) that, in the aggregate, have a maximum 
                        rated power capacity or projected peak power 
                        load of greater than 50 megawatts.
            (5) Data center operator.--The term ``data center 
        operator'' means any person or government entity that builds or 
        operates a data center or purchases data center services, 
        equipment, and facilities.
            (6) Public official.--The term ``public official'' means an 
        individual who, at the time a contract or agreement is agreed 
        to, is an officer or employee of a Federal, State, Tribal, or 
        local unit of government in the United States.
            (7) Public incentive.--The term ``public incentive'' 
        includes a tax incentive, payment in lieu of a tax assessment, 
        a tax abatement, a bond, a note, a loan, a grant, or a rebate, 
        issued by a Federal, State, Tribal, or local government entity.
    (d) Applicability.--This Act shall only apply with respect to a 
claim that is filed under Federal, State, or Tribal law on or after the 
date of the enactment of this Act.
    (e) Rules of Construction.--Nothing in this Act may be construed--
            (1) to prohibit a State or locality from enforcing a 
        provision of State law governing nondisclosure clauses that is 
        at least as protective of the right of an individual to speak 
        freely, as provided by this Act; or
            (2) to prevent the filing of information related to the 
        building of a data center on a confidential basis with a public 
        utility commission or any other similar State agency that 
        regulates utilities, which filing is not for the purpose of the 
        receipt of a public incentive.
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