No Secrets for Data Centers Act of 2026

Summary#

The bill would make certain nondisclosure clauses about building large data centers unenforceable in court and arbitration. It would also bar data center operators from receiving public incentives if those incentives require them to restrict disclosure of information about construction. The rules would apply to claims filed on or after the bill’s enactment.

What it means for you#

People and organizations involved in building a data center could not rely on covered predispute nondisclosure clauses in court or arbitration. The bill defines covered clauses as agreements involving a public official or provisions related to public funds, public land, or a public incentive. It would not prevent confidential filings with utility regulators when they are not made to receive a public incentive.

Expenses#

The bill does not specify expenses or funding amounts.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.