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119-hr-10570119th CongressWALLET

No Secrets for Data Centers Act of 2026

Sponsored By: Representative Landsman, Greg [D-OH-1]

Introduced

Summary

This bill would make predispute nondisclosure clauses for data-center projects void and unenforceable. It would also bar public incentives that require agreeing not to disclose information about data-center construction.

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  • Communities and claimants would gain more ability to disclose or sue over conduct, settlements, or other information that predispute NDAs have often hidden.
  • Data center operators would be blocked from getting public incentives if those incentives are conditioned on consent to prohibit, restrict, or penalize disclosure. Public incentives include tax incentives, payments in lieu of taxes, tax abatements, bonds, loans, grants, and rebates.
  • The bill targets facilities (or groups of facilities) with more than 50 megawatts of rated or projected peak power and treats an NDA as "covered" when it involves a public official or public funds, land, or incentives. States may keep laws that are at least as protective, and confidential filings with utility regulators not tied to incentives remain allowed.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Confidential filings with utility regulators

If enacted, the bill would allow data center operators to file some information confidentially with a state public utility commission or similar state agency when the filing is not for the purpose of getting a public incentive. This preserves a way to keep commercially sensitive operational details private during utility reviews. It would not let operators use that confidentiality route when the filing is intended to secure a public incentive.

States can keep stronger nondisclosure laws

If enacted, the bill would allow States and localities to enforce nondisclosure laws that are at least as protective of free speech as this bill. That means stronger state or local nondisclosure protections can remain in force alongside the federal rule. This does not stop the federal rule from applying in places without equally protective laws.

Who counts as a data center

If enacted, the bill would define key terms that decide who the law covers. A "data center" would mean a facility (or group of facilities) that mainly houses electronic equipment to process, store, or transmit digital information and that has over 50 megawatts of rated or projected peak power. The bill would also define "data center operator", "nondisclosure clause", and related terms for applying the law.

Limits secrecy in data center deals

If enacted, the bill would bar data center operators from getting any public incentive that is conditioned on agreeing to prohibit, restrict, or penalize disclosure of information about building a data center. Public incentives include tax incentives, payments in lieu of taxes, abatements, bonds, loans, grants, and rebates from Federal, State, Tribal, or local governments. The bill would also make certain predispute nondisclosure clauses void and unenforceable in court or arbitration, but only for claims filed on or after enactment.

Sponsors & CoSponsors

Sponsor

Landsman, Greg [D-OH-1]

OH • D

Cosponsors

  • Rep. Barrett, Tom [R-MI-7]

    MI • R

    Sponsored 9/24/2026

  • Rep. Raskin, Jamie [D-MD-8]

    MD • D

    Sponsored 9/24/2026

Roll Call Votes

No roll call votes available for this bill.

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