← Back to Bills
H.R. 10570House119th Congress (2025-2027)In Committee

No Secrets for Data Centers Act of 2026

Sponsored by Greg LandsmanRep. Greg Landsman (D-OH)
Introduced September 24, 2026

AI-Generated Summary

Updated September 28, 2026 at 1:03 PM UTC

The No Secrets for Data Centers Act makes any predispute nondisclosure clause tied to the construction of a data center void and unenforceable in court or arbitration. It also bars data‑center operators from receiving public incentives—such as tax breaks or grants—if those incentives are conditioned on agreeing to keep information about the project secret. The law applies to contracts involving public officials or public funds and affects large data‑center projects and the entities that build or run them.

Key Provisions

  • Predispute nondisclosure clauses related to building a data center are declared void and cannot be enforced in judicial or arbitration proceedings.
  • A data‑center operator may not receive any public incentive (tax credit, grant, loan, etc.) that is conditioned on agreeing to restrict or hide information about the data‑center construction.
  • The act defines a “data center” as a facility (or group of facilities) with a power capacity or projected peak load greater than 50 megawatts.
  • The restrictions apply only to claims filed under federal, state, or tribal law after the act’s enactment.
  • The law does not prevent states or localities from enforcing nondisclosure rules that are at least as protective of free speech, nor does it affect confidential filings with utility regulators that are not tied to public incentives.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

1 earlier action
HouseIntro Referral Latest Action

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.

Judiciary Committee

September 24, 2026

View full timeline
HouseIntro Referral

Introduced in House

September 24, 2026

HouseIntro Referral

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.

Judiciary Committee

September 24, 2026

Bill Text

Latest available legislative text

Reading Mode
Latest
Raw Text PDF XML
Introduced in HouseIssued September 24, 2026

I

119th CONGRESS

2d Session

H. R. 10570

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.

1.

Short title

This Act may be cited as the No Secrets for Data Centers Act of 2026.

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.