Bill would limit secrecy agreements tied to large data center projects

Certain secrecy agreements made before a lawsuit would be unenforceable in court or arbitration. This applies to agreements about building a data center with a maximum rated power capacity or projected peak power load over 50 megawatts, including groups of facilities that meet the threshold together. The agreement must involve a public official acting in that role, or relate to public funds, public land, or a public incentive. This would not prevent confidential filings with state utility regulators when the filing is not for a public incentive. States and localities could enforce laws that protect speech at least as much. The rule would apply only to claims filed on or after the Act's enactment date, if enacted.

A data center operator could not receive a public incentive conditioned on agreeing to restrict disclosure about building a data center. A data center includes a facility, or group of facilities, with a maximum rated power capacity or projected peak power load over 50 megawatts. An operator can be a person or government entity that builds or operates a data center, or buys its services, equipment, or facilities. The restriction must concern disclosure of information related to building the data center. Public incentives include government tax benefits, payments, bonds, loans, grants, and rebates. This would apply only to claims filed on or after the Act's enactment date, if enacted.