H.R. 8488

[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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