[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8488 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 8488
To require developers of AI-focused data centers to disclose certain
information before the AI-focused data centers are developed, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2026
Mrs. McIver (for herself, Mrs. Foushee, Mr. Carson, Ms. Norton, Mrs.
Grijalva, Ms. Tlaib, Ms. Escobar, Mr. Cohen, and Mr. McGovern)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To require developers of AI-focused data centers to disclose certain
information before the AI-focused data centers are developed, 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 ``AI Data Center Site Selection
Transparency Act of 2026''.
SEC. 2. REQUIREMENTS ON DEVELOPERS OF AI-FOCUSED DATA CENTERS.
(a) Requirements.--
(1) In general.--A covered entity that intends to
establish, operate, or own an AI-focused data center shall do
the following:
(A) Not later than 180 days before the date on
which the developer takes a definitive step to
establish an AI-focused data center, disclose to each
relevant local elected official and to the public in a
press release--
(i) the location at which the AI-focused
data center would be established; and
(ii) the estimated--
(I) resources needed to establish
the AI-focused data center; and
(II) environmental impact of the
AI-focused data center;
(B) Ensure that the developer does the following:
(i) Engages local media.
(ii) Posts on social media.
(iii) Sends direct mail notices in the
affected area.
(iv) Posts physical signage at the proposed
site.
(v) Provides materials in multiple
languages, including English, Spanish, and
other commonly spoken languages in the affected
area.
(C) Limit the use of non-disclosure agreements
during the process of establishing the AI-focused data
center.
(D) Not use a non-disclosure agreement with respect
to a government entity or public resources.
(2) Joint disclosure requirement.--If more than 1 covered
entity is involved in the development, ownership, or operation
of an AI-focused data center, such entities shall coordinate
and issue a single, joint public disclosure that satisfies the
requirements of paragraph (1)(A). Each covered entity shall be
jointly and severally responsible for compliance with this
subsection.
(3) Environmental impact analysis.--In carrying out the
requirement described in paragraph (1)(A)(ii)(II), a covered
entity that intends to establish, operate, or own an AI-focused
data center shall ensure that an environmental impact analysis
is conducted by an independent third party, funded by the
developer.
(b) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
subsection (a) shall be treated as a violation of a regulation
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or
practices.
(2) Powers of commission.--The Commission shall enforce
subsection (a) in the same manner, by the same means, and with
the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this section, and any person who violates such
subsection shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act.
(c) Definitions.--In this section:
(1) AI-focused data center.--The term ``AI-focused data
center'' means any facility, campus, structure, or portion
thereof, whether newly constructed, expanded, retrofitted,
leased, or operated, that is specifically designed, configured,
or materially modified to support the training, fine-tuning,
inference, deployment, or operation of artificial intelligence
systems, including generative artificial intelligence systems.
Such terms include any facility that--
(A) houses or is designed to house high-density
clusters of graphics processing units, tensor
processing units, application-specific integrated
circuits, or other specialized accelerators used for
artificial intelligence computational workloads;
(B) requires electrical load, cooling capacity, or
water usage materially attributable to artificial
intelligence computational operations; or
(C) is represented in public disclosures, investor
materials, marketing materials, or contractual
agreements as providing computing capacity for
artificial intelligence model development, training, or
deployment.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Definitive step to establish an ai-focused data
center.--
(A) In general.--The term ``definitive step to
establish an AI-focused data center'' means an overt,
verifiable action that demonstrates a significant
financial or legal commitment to the construction or
operation of an AI-focused data center.
(B) Inclusion.--The term ``definitive step to
establish an AI-focused data center'' includes the
following:
(i) The execution of a binding purchase
agreement, long-term lease, or option contract
for real property specifically zoned or
designated for the use of an AI-focused data
center.
(ii) The execution of a binding agreement
with an electric utility provider for the
delivery of the specialized high-voltage power
loads required to operate an AI-focused data
center.
(iii) The commencement of substantial on-
site physical improvements, including grading,
excavation, or the installation of specialized
utilities, such as fiber-optic trunk lines or
industrial cooling systems.
(iv) The submission of final site plan
applications or the receipt of critical
environmental permits required specifically for
large-scale computing operations.
(v) The issuance of non-cancelable purchase
orders for long-lead infrastructure items, such
as industrial-scale generators, chillers, or
high-density power distribution units.
(4) Environmental ai impact.--The term ``environmental AI
impact'' means any direct, indirect, or cumulative effect of a
proposed action on the natural or human environment, including
effects on air quality, water quality, soil, land use,
wildlife, habitat, biodiversity, ecosystems, climate, public
health, environmental justice communities, and the
sustainability of natural resources.
(A) The terms ``direct effects'', ``indirect
effects'', and ``cumulative effects'' shall have the
meanings given such terms in the regulations
implementing the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.), as published in the
Federal Register and in effect on the date of enactment
of this Act.
(B) For purposes of this Act, such terms shall be
interpreted consistent with longstanding Federal
Register interpretations of those categories of
environmental effects.
(5) Local elected official.--The term ``local elected
official'' means a governmental official elected on the
Federal, State, or local level who represents a location in
which a developer intends to establish an AI-focused data
center.
(6) Non-disclosure agreement.--The term ``non-disclosure
agreement'' means any legally binding agreement (or provision
thereof) executed between 2 or more parties that does the
following:
(A) Obligates a party (the ``Recipient'') to
maintain the confidentiality of specific, sensitive, or
proprietary information disclosed to the Recipient by
another party (the ``Discloser'').
(B) Prohibits the Recipient from sharing,
publishing, or otherwise communicating any such
information to any person not expressly authorized by
the terms of the agreement.
(C) Identifies the specific categories of the
information (such as trade secrets, business
negotiations, or client data) and the timeframe for
which the obligation of secrecy remains in effect.
(D) Subjects the breaching party to legal remedies,
which may include monetary damages, injunction, or
other equitable relief, as provided by law or the terms
of the agreement.
(7) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(8) Covered entity.--The term ``covered entity'' means any
developer, operator, owner, or any combination thereof, that
intends to establish, operate, or own an AI-focused data center
that is engaged in, or whose activities substantially affect,
interstate or foreign commerce, including through the
transmission, processing, storage, or exchange of data across
State lines or national borders, the procurement of goods or
services in interstate commerce, or participation in interstate
markets for computing infrastructure, energy, or digital
services.
(9) Developer.--The term ``developer'' means any person or
entity that initiates, finances, manages, or oversees the
planning, site selection, permitting, or construction of an AI-
focused data center.
(10) Operator.--The term ``operator'' means any person or
entity responsible for the day-to-day management, maintenance,
or functioning of an AI-focused data center, including the
administration of computing infrastructure, utilities, or
facility systems.
(11) Owner.--The term ``owner'' means any person or entity
holding legal title to, leasehold interest in, or controlling
ownership stake in the real property, infrastructure, or
computing assets comprising an AI-focused data center.
(d) Severability.--If any provision of this section or the
application of this section to any person or circumstance is held to be
unconstitutional, the remaining provisions of this section and the
application of this section to other persons or circumstances shall not
be affected.
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