HouseH.R. 10950119th Congress

Data Center Oversight Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10950 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                               H. R. 10950

  To require sponsors of large data centers to file public disclosure 
    statements with the Secretary of Energy, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2026

 Mr. Vindman introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To require sponsors of large data centers to file public disclosure 
    statements with the Secretary of Energy, 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 ``Data Center Oversight Act''.

SEC. 2. DISCLOSURE STATEMENT REQUIRED.

    (a) Filing Required.--
            (1) In general.--Subject to paragraph (2), the sponsor of a 
        covered facility shall file a complete and accurate disclosure 
        statement with the Secretary--
                    (A) not later than 30 days before the date on which 
                the sponsor commences construction of the covered 
                facility;
                    (B) not later than 30 days after the date on which 
                the covered facility commences operation; and
                    (C) not later than March 1 of each of the 10 
                calendar years following the calendar year in which the 
                covered facility commences operation, with respect to 
                the preceding calendar year.
            (2) Applicability.--
                    (A) New facilities.--Paragraph (1) applies with 
                respect to each covered facility on which construction 
                commences on or after the date that is 1 year after the 
                date of enactment of this Act (in this paragraph 
                referred to as the ``applicability date'').
                    (B) Existing facilities.--The sponsor of a covered 
                facility on which construction commenced before the 
                applicability date shall file--
                            (i) an initial disclosure statement not 
                        later than 90 days after the applicability 
                        date;
                            (ii) if the covered facility had not 
                        commenced operation before the applicability 
                        date, a disclosure statement under paragraph 
                        (1)(B); and
                            (iii) disclosure statements under paragraph 
                        (1)(C), except that a covered facility that 
                        commenced operation before the applicability 
                        date shall be treated, for purposes of 
                        paragraph (1)(C), as having commenced operation 
                        on the applicability date.
    (b) Contents.--A disclosure statement filed by a sponsor under 
subsection (a) with respect to a covered facility shall contain, in the 
form prescribed by the Secretary, the following:
            (1) Identification.--A statement of--
                    (A) the name of the sponsor;
                    (B) the name of each person that, directly or 
                indirectly, through any contract, arrangement, 
                understanding, relationship, or otherwise, owns or 
                controls not less than 10 percent of the ownership 
                interests in--
                            (i) the sponsor, if the sponsor is not an 
                        individual;
                            (ii) the covered facility; or
                            (iii) any real property comprising the 
                        site;
                    (C) the location of the covered facility, including 
                the street address, county, State, and geographic 
                boundaries of the site;
                    (D) the facility load of the covered facility; and
                    (E) the name of each serving electric utility.
            (2) Cost allocation.--A statement of--
                    (A) the actual or estimated cost to construct, 
                expand, or upgrade, in whole or in part, each electric 
                generating unit, transmission facility, distribution 
                facility, and interconnection facility that has been or 
                will serve the covered facility;
                    (B) the portion of the cost of constructing, 
                expanding, or upgrading each such facility that the 
                sponsor has agreed in writing to bear, including 
                through financial assurances or contributions, net of 
                any refund, credit, or reimbursement received or 
                expected, and, with respect to each such agreement--
                            (i) the parties to the agreement and the 
                        date on which the agreement was executed;
                            (ii) any docket or other identifying number 
                        under which the agreement was filed with, or 
                        approved by, the Federal Energy Regulatory 
                        Commission or a State commission; and
                            (iii) whether the agreement requires the 
                        sponsor to continue to bear that portion of the 
                        cost if the sponsor terminates the agreement or 
                        ceases to purchase electric energy before that 
                        cost has been fully recovered; and
                    (C) for any portion of such cost that the sponsor 
                has not agreed to bear, an identification of--
                            (i) each person or class of electric 
                        consumers expected to bear that portion of the 
                        cost, including through the allocation of 
                        transmission costs by a Transmission 
                        Organization, and the amount each such person 
                        or class is expected to bear; and
                            (ii) each rate or charge through which that 
                        portion of the cost is expected to be 
                        recovered, and the tariff or rate schedule 
                        containing such rate or charge.
            (3) Rate effect.--A statement of--
                    (A) the projected effect of electric service to the 
                covered facility, for each of the 10 calendar years 
                following the calendar year in which the statement is 
                filed, on--
                            (i) the rates and charges paid by, and the 
                        average monthly bill of, each class of electric 
                        consumers served by each serving electric 
                        utility, stated separately for generation, 
                        transmission, and distribution service;
                            (ii) the rates and charges for generation 
                        service, including any default service or 
                        standard offer service, paid by residential 
                        electric consumers in the service territory of 
                        each serving electric utility; and
                            (iii) if the covered facility is 
                        interconnected to a transmission system 
                        operated by a Transmission Organization, the 
                        costs allocated by the Transmission 
                        Organization among electric utilities or 
                        electric consumers in its region, including the 
                        costs of transmission facilities, and the 
                        clearing prices in any capacity market 
                        administered by the Transmission Organization;
                    (B) the assumptions and methodology on which such 
                projected effect relies; and
                    (C) the effect described in subparagraph (A) during 
                the preceding calendar year.
            (4) Generation.--A statement identifying each electric 
        generating unit that is located on the site, or that is 
        constructed, expanded, upgraded, or contracted to serve the 
        covered facility, including, for each such unit--
                    (A) the nameplate capacity, the fuel or resource 
                type, and whether the unit is a backup generating unit;
                    (B) whether the unit is behind-the-meter generation 
                or grid-connected generation; and
                    (C) for the preceding calendar year, the net 
                electricity generation of the unit, stated separately 
                for electric energy consumed by the covered facility 
                and electric energy delivered to the transmission or 
                distribution system of an electric utility, and, for a 
                backup generating unit, the number of hours the unit 
                operated.
            (5) Water and cooling.--A statement of--
                    (A) whether all cooling of information technology 
                equipment at the covered facility is or will be 
                provided by an internal liquid cooling system and, if 
                not, a description of each cooling method used;
                    (B) the source of all water withdrawn by the 
                covered facility, including the name of any public 
                water system supplying that water;
                    (C) the volume of water withdrawn by, consumed by, 
                and discharged from the covered facility, projected for 
                each year of the period described in paragraph (3)(A) 
                and during the preceding calendar year; and
                    (D) the destination of any water discharged from 
                the covered facility, including the number of any 
                permit issued for that discharge under section 402 of 
                the Federal Water Pollution Control Act (33 U.S.C. 
                1342).
            (6) Siting near protected areas.--A list of each protected 
        area any portion of which is located within 1,000 feet of the 
        boundary of the site, identifying for each such protected area 
        the category of protected area under section 4(18) and the 
        shortest distance, in feet, between the boundary of the site 
        and the boundary of the protected area, except that, for real 
        property described in section 4(18)(E), the list shall state 
        only the number of such properties and the shortest distance to 
        any such property, and may not identify any such property by 
        address or owner.
            (7) Labor.--A statement on--
                    (A) whether construction of the covered facility is 
                or will be performed under a project labor agreement or 
                other collective bargaining agreement;
                    (B) whether laborers and mechanics employed in such 
                construction are or will be paid wages at rates not 
                less than the rates determined by the Secretary of 
                Labor for the locality and type of construction under 
                section 3142 of title 40, United States Code; and
                    (C) the projected or actual number and percentage 
                of construction labor hours performed by workers 
                covered by such an agreement.
            (8) Nondisclosure agreements.--A statement of whether the 
        sponsor, or any person acting on behalf of the sponsor, has 
        entered into a nondisclosure agreement relating to the covered 
        facility with any officer, employee, or agent of a Federal, 
        State, Tribal, or local government.
            (9) Preceding calendar year.--Information required under 
        this subsection with respect to a preceding calendar year is 
        required only in a statement filed under subsection (a)(1)(C).
    (c) Public Availability.--
            (1) In general.--Not later than 15 days after receiving a 
        disclosure statement, the Secretary shall include the 
        disclosure statement in the database established under section 
        3.
            (2) Redacted statements.--A disclosure statement from which 
        any information required under subsection (b) is withheld, 
        redacted, or designated as confidential shall not be considered 
        a complete and accurate disclosure statement for purposes of 
        this section. The Secretary shall make any such statement 
        available under paragraph (1), identify it in the database 
        established under section 3 as incomplete, and provide written 
        notice of the deficiency to the sponsor.
    (d) Enforcement.--
            (1) In general.--A disclosure statement required under this 
        section shall be treated as a report required under section 
        13(b) of the Federal Energy Administration Act of 1974 (15 
        U.S.C. 772(b)), and the failure to file a complete and accurate 
        disclosure statement, or the filing of a materially misleading 
        disclosure statement, shall be treated as a violation subject 
        to section 12 of that Act (15 U.S.C. 797).
            (2) Amount.--Notwithstanding section 12 of that Act, the 
        civil penalty for a violation described in paragraph (1) shall 
        not exceed $1,000,000 for each day the violation continues.
    (e) Regulations.--
            (1) In general.--Not later than 9 months after the date of 
        enactment of this Act, the Secretary shall issue regulations to 
        carry out this section, including regulations that--
                    (A) prescribe the form of a disclosure statement;
                    (B) further define the terms ``backup generating 
                unit'', ``behind-the-meter generation'', ``commence 
                construction'', ``consume'', ``grid-connected 
                generation'', ``information technology equipment'', 
                ``internal liquid cooling system'', and ``withdraw'', 
                and define the term ``residential electric consumer'' 
                and other technical terms used in subsection (b) that 
                are not defined in this Act; and
                    (C) ensure that disclosure statements, and any 
                terms defined or further defined under subparagraph 
                (B), clearly present the effect of the covered facility 
                on residential electric consumers, including on average 
                monthly bills and on rates attributable to the cost of 
                constructing, expanding, or upgrading transmission 
                facilities, in a form that is readily understandable to 
                the public.
            (2) Filing before issuance of regulations.--The 
        requirements of this section apply whether or not regulations 
        have been issued under paragraph (1). Any disclosure statement 
        required to be filed before such regulations take effect shall 
        be filed in writing, in any form, and shall contain the 
        information required under subsection (b).
    (f) Rules of Construction.--
            (1) No authority over construction or operation.--This Act 
        shall not be construed to authorize the Secretary to approve, 
        deny, condition, suspend, or delay the construction or 
        operation of a covered facility, or require any change to a 
        covered facility, and the filing of a disclosure statement 
        under this Act shall not be considered an application for a 
        permit or other authorization.
            (2) Other law unaffected.--Nothing in this Act limits or 
        supersedes any requirement of Federal, State, Tribal, or local 
        law, or the authority of a State or State commission over 
        retail electric rates or retail electric service.

SEC. 3. PUBLIC DATABASE.

    (a) Designation.--The Secretary shall carry out this Act acting 
through the Administrator of the Energy Information Administration.
    (b) Establishment.--The Secretary shall establish and maintain a 
publicly accessible and searchable database on an internet website of 
the Department of Energy that contains--
            (1) the complete text of each disclosure statement, in the 
        form filed; and
            (2) the information included in each disclosure statement, 
        presented as data fields that may be searched, sorted, and 
        filtered by each data field, including State, county, sponsor, 
        serving electric utility, and facility load.
    (c) Access.--The Secretary shall make the database available 
without charge and without any requirement that a user register or 
identify himself or herself, through a direct link from the homepage of 
the primary internet website of the Department of Energy, and in an 
open format that permits bulk download of its complete contents.
    (d) Aggregate Statistics.--The Secretary shall display on the 
principal page of the database, and update not less frequently than 
quarterly, aggregate statistics derived from disclosure statements, 
stated for the Nation as a whole, for each State, and for each county 
in which a covered facility is located, including--
            (1) the number and total facility load of covered 
        facilities;
            (2) the total actual or estimated cost described in section 
        2(b)(2)(A), and the portion of that cost not borne by sponsors; 
        and
            (3) the total volume of water described in section 
        2(b)(5)(C) for the preceding calendar year.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Artificial intelligence.--The term ``artificial 
        intelligence'' has the meaning given such term in section 5002 
        of the National Artificial Intelligence Initiative Act of 2020 
        (15 U.S.C. 9401).
            (2) Backup generating unit.--The term ``backup generating 
        unit'' means an electric generating unit located on the site of 
        a data center that is operated only during an interruption of 
        electric service to the data center or for maintenance and 
        testing.
            (3) Behind-the-meter generation.--The term ``behind-the-
        meter generation'' means an electric generating unit that 
        serves the electric load of a covered facility and is located 
        on the covered facility's side of the point of interconnection 
        with the transmission or distribution system of an electric 
        utility.
            (4) Commence construction.--The term ``commence 
        construction'', with respect to a covered facility, means to 
        begin physical construction of the covered facility on the 
        site.
            (5) Commence operation.--The term ``commence operation'', 
        with respect to a covered facility, means the first date on 
        which the covered facility receives electric energy to operate 
        information technology equipment.
            (6) Consume.--The term ``consume'', with respect to water, 
        means to withdraw water that is not returned or discharged, 
        including water evaporated for cooling.
            (7) Covered facility.--The term ``covered facility'' means 
        a data center that has a facility load that equals or exceeds 
        20 megawatts.
            (8) Data center.--
                    (A) In general.--The term ``data center'' means a 
                facility, or group of colocated facilities, the primary 
                purpose of which is to house computing, networking, or 
                data storage equipment used to process, store, or 
                transmit digital data, including equipment used for--
                            (i) artificial intelligence training or 
                        inference;
                            (ii) cloud computing or data hosting; or
                            (iii) cryptocurrency mining or other 
                        distributed-ledger or digital-asset 
                        computation.
                    (B) Exclusion.--The term ``data center'' does not 
                include computing or data storage equipment that is 
                ancillary to a facility the primary purpose of which is 
                a commercial or industrial activity other than an 
                activity described in subparagraph (A).
                    (C) Treatment as single data center.--For purposes 
                of this Act, all buildings, structures, and 
                installations that are located on contiguous or 
                adjacent real property, or that are served through the 
                same substation, and that are under the ownership or 
                control of the same person or of persons under common 
                control with each other, shall be treated as a single 
                data center, without regard to whether they--
                            (i) are served under separate agreements or 
                        at separate points of interconnection;
                            (ii) are constructed, energized, or placed 
                        in service in phases; or
                            (iii) are held, leased, or operated through 
                        separate legal entities.
            (9) Disclosure statement.--The term ``disclosure 
        statement'' means a statement filed under section 2(a).
            (10) Electric consumer.--The term ``electric consumer'' has 
        the meaning given the term in section 3 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2602).
            (11) Electric utility.--The term ``electric utility'' means 
        any person, State agency, or Federal agency that sells, 
        transmits, or distributes electric energy.
            (12) Facility load.--The term ``facility load'', with 
        respect to a data center, means the greater of--
                    (A) the sum of--
                            (i) the maximum electric demand provided 
                        for under all agreements for electric service, 
                        including any contract demand, reserved demand, 
                        subscribed capacity, or interruptible or 
                        curtailable demand, whether or not that demand 
                        is actually taken; and
                            (ii) the nameplate capacity of all electric 
                        generating units located on the site or 
                        dedicated to serving the data center, other 
                        than backup generating units; and
                    (B) the maximum electric demand the data center is 
                designed to take at full build-out, which shall be not 
                less than the largest electric demand stated in any 
                request for electric service or in any application for 
                a Federal, State, Tribal, or local permit or approval.
            (13) Grid-connected generation.--The term ``grid-connected 
        generation'' means an electric generating unit, other than 
        behind-the-meter generation, that is interconnected to, and 
        delivers electric energy to, the transmission or distribution 
        system of an electric utility.
            (14) Information technology equipment.--The term 
        ``information technology equipment'' means servers, storage 
        devices, and network devices, and the power conversion 
        equipment and enclosures serving such servers and devices.
            (15) Interconnection facility.--The term ``interconnection 
        facility'' means a facility used exclusively to connect a 
        covered facility to the transmission or distribution system of 
        an electric utility.
            (16) Internal liquid cooling system.--The term ``internal 
        liquid cooling system'' means a closed-loop system located on 
        the site that removes heat from information technology 
        equipment without evaporating, consuming, or discharging water, 
        other than water added for commissioning, leakage, or scheduled 
        maintenance.
            (17) Project labor agreement.--The term ``project labor 
        agreement'' means a pre-hire collective bargaining agreement 
        with one or more labor organizations that establishes the terms 
        and conditions of employment for a specific construction 
        project and is an agreement described in section 8(f) of the 
        National Labor Relations Act (29 U.S.C. 158(f)).
            (18) Protected area.--The term ``protected area'' means--
                    (A) real property comprising a public or private 
                elementary, vocational, or secondary school, or a 
                public or private college, junior college, or 
                university;
                    (B) a playground or youth center, as those terms 
                are defined in section 419(e) of the Controlled 
                Substances Act (21 U.S.C. 860(e));
                    (C) a unit of the National Park System, as defined 
                in section 100501 of title 54, United States Code;
                    (D) publicly owned land of a public park, 
                recreation area, or wildlife and waterfowl refuge of 
                national, State, or local significance, as described in 
                section 303(c) of title 49, United States Code;
                    (E) real property, other than real property 
                comprising the site, that under applicable State or 
                local law is zoned or otherwise designated principally 
                for residential use, or on which a dwelling (as defined 
                in section 802 of the Civil Rights Act of 1968 (42 
                U.S.C. 3602)) is located;
                    (F) a hospital (as defined in section 1861(e) of 
                the Social Security Act (42 U.S.C. 1395x(e))); and
                    (G) a child care facility licensed or regulated 
                under State, Tribal, or local law.
            (19) Public water system.--The term ``public water system'' 
        has the meaning given the term in section 1401 of the Safe 
        Drinking Water Act (42 U.S.C. 300f).
            (20) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (21) Serving electric utility.--The term ``serving electric 
        utility'', with respect to a covered facility, means each 
        electric utility that sells, transmits, or distributes, or will 
        sell, transmit, or distribute, electric energy to the covered 
        facility.
            (22) Site.--The term ``site'', with respect to a data 
        center, means all real property on which the data center is 
        located, including all contiguous or adjacent real property 
        under the ownership or control of a person that owns or 
        operates the data center or of a person under common control 
        with such a person.
            (23) Sponsor.--
                    (A) In general.--The term ``sponsor'' means a 
                person that owns, operates, or proposes to construct a 
                covered facility.
                    (B) Multiple sponsors.--If a covered facility has 
                more than one sponsor, each sponsor is jointly and 
                severally liable for compliance with section 2. A 
                single disclosure statement filed on behalf of all 
                sponsors satisfies section 2(a) with respect to each 
                sponsor.
            (24) State commission.--The term ``State commission'' has 
        the meaning given the term in section 3 of the Federal Power 
        Act (16 U.S.C. 796).
            (25) Transmission organization.--The term ``Transmission 
        Organization'' has the meaning given the term in section 3 of 
        the Federal Power Act (16 U.S.C. 796).
            (26) Withdraw.--The term ``withdraw'', with respect to 
        water, means to take water from a surface water source, a 
        groundwater source, or a public water system, whether or not 
        any portion of the water is returned or discharged.
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