,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hdhh ,,in ,,the ,,house ,,of ,,representatives ,april #bc1 #bjbf,mrs4 ,mc,iver 7for herself1 ,mrs4 ,foushee1 ,mr4 ,carson1 ,ms4 ,norton1 ,mrs4 ,grijalva1 ,ms4 ,tlaib1 ,ms4 ,escobar1 ,mr4 ,cohen1 and ,mr4 ,mc,govern7 introduced the following bill2 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 developed1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,ai ,data ,center ,site ,selection ,transparency ,act of #bjbf4 #b4 ,requirements on developers of ,,ai-focused data centers 7a7 ,requirements 7#a7 ,in general ,a covered entity that intends to establish1 operate1 or own an ,,ai-focused data center shall do the following3 7,a7 ,not later than #ahj days before the date on which the developer takes a definitive step to establish an ,,ai-focused data center1 disclose to each relevant local elected official and to the public in a press release-- 7i7 the location at which the ,,ai-focused data center would be established2 and 7ii7 the estimated-- 7,i7 resources needed to establish the ,,ai-focused data center2 and 7,,ii7 environmental impact of the ,,ai-focused data center2 7,b7 ,ensure that the developer does the following3 7i7 ,engages local media4 7ii7 ,posts on social media4 7iii7 ,sends direct mail notices in the affected area4 7iv7 ,posts physical signage at the proposed site4 7v7 ,provides materials in multiple languages1 including ,english1 ,spanish1 and other commonly spoken languages in the affected area4 7,c7 ,limit the use of non-disclosure agreements during the process of establishing the ,,ai-focused data center4 7,d7 ,not use a non-disclosure agreement with respect to a government entity or public resources4 7#b7 ,joint disclosure requirement ,if more than #a covered entity is involved in the development1 ownership1 or operation of an ,,ai-focused data center1 such entities shall coordinate and issue a single1 joint public disclosure that satisfies the requirements of paragraph 7#a77;,a74 ,each covered entity shall be jointly and severally responsible for compliance with this subsection4 7#c7 ,environmental impact analysis ,in carrying out the requirement described in paragraph 7#a77;,a77ii77,,ii71 a covered entity that intends to establish1 operate1 or own an ,,ai-focused data center shall ensure that an environmental impact analysis is conducted by an independent third party1 funded by the developer4 7b7 ,enforcement by ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of subsection 7a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission ,the ,commission shall enforce subsection 7a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section1 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 ,act4 7c7 ,definitions ,in this section3 7#a7 ,,ai-focused data center ,the term ,,ai-focused data center means any facility1 campus1 structure1 or portion thereof1 whether newly constructed1 expanded1 retrofitted1 leased1 or operated1 that is specifically designed1 configured1 or materially modified to support the training1 fine-tuning1 inference1 deployment1 or operation of artificial intelligence systems1 including generative artificial intelligence systems4 ,such terms include any facility that-- 7,a7 houses or is designed to house high-density clusters of graphics processing units1 tensor processing units1 application-specific integrated circuits1 or other specialized accelerators used for artificial intelligence computational workloads2 7,b7 requires electrical load1 cooling capacity1 or water usage materially attributable to artificial intelligence computational operations2 or 7,c7 is represented in public disclosures1 investor materials1 marketing materials1 or contractual agreements as providing computing capacity for artificial intelligence model development1 training1 or deployment4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,definitive step to establish an ,,ai-focused data center 7,a7 ,in general ,the term definitive step to establish an ,,ai-focused data center means an overt1 verifiable action that demonstrates a significant financial or legal commitment to the construction or operation of an ,,ai-focused data center4 7,b7 ,inclusion ,the term definitive step to establish an ,,ai-focused data center includes the following3 7i7 ,the execution of a binding purchase agreement1 long-term lease1 or option contract for real property specifically zoned or designated for the use of an ,,ai-focused data center4 7ii7 ,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 center4 7iii7 ,the commencement of substantial on-site physical improvements1 including grading1 excavation1 or the installation of specialized utilities1 such as fiber-optic trunk lines or industrial cooling systems4 7iv7 ,the submission of final site plan applications or the receipt of critical environmental permits required specifically for large-scale computing operations4 7v7 ,the issuance of non-cancelable purchase orders for long-lead infrastructure items1 such as industrial-scale generators1 chillers1 or high-density power distribution units4 7#d7 ,environmental ,,ai impact ,the term environmental ,,ai impact means any direct1 indirect1 or cumulative effect of a proposed action on the natural or human environment1 including effects on air quality1 water quality1 soil1 land use1 wildlife1 habitat1 biodiversity1 ecosystems1 climate1 public health1 environmental justice communities1 and the sustainability of natural resources4 7,a7 ,the terms direct effects1 indirect effects1 and cumulative effects shall have the meanings given such terms in the regulations implementing the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 as published in the ,federal ,register and in effect on the date of enactment of this ,act4 7,b7 ,for purposes of this ,act1 such terms shall be interpreted consistent with longstanding ,federal ,register interpretations of those categories of environmental effects4 7#e7 ,local elected official ,the term local elected official means a governmental official elected on the ,federal1 ,state1 or local level who represents a location in which a developer intends to establish an ,,ai-focused data center4 7#f7 ,non-disclosure agreement ,the term non-disclosure agreement means any legally binding agreement 7or provision thereof7 executed between #b or more parties that does the following3 7,a7 ,obligates a party 7the ,recipient7 to maintain the confidentiality of specific1 sensitive1 or proprietary information disclosed to the ,recipient by another party 7the ,discloser74 7,b7 ,prohibits the ,recipient from sharing1 publishing1 or otherwise communicating any such information to any person not expressly authorized by the terms of the agreement4 7,c7 ,identifies the specific categories of the information 7such as trade secrets1 business negotiations1 or client data7 and the timeframe for which the obligation of secrecy remains in effect4 7,d7 ,subjects the breaching party to legal remedies1 which may include monetary damages1 injunction1 or other equitable relief1 as provided by law or the terms of the agreement4 7#g7 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 each commonwealth1 territory1 or possession of the ,united ,states1 and each federally recognized ,indian ,tribe4 7#h7 ,covered entity ,the term covered entity means any developer1 operator1 owner1 or any combination thereof1 that intends to establish1 operate1 or own an ,,ai-focused data center that is engaged in1 or whose activities substantially affect1 interstate or foreign commerce1 including through the transmission1 processing1 storage1 or exchange of data across ,state lines or national borders1 the procurement of goods or services in interstate commerce1 or participation in interstate markets for computing infrastructure1 energy1 or digital services4 7#i7 ,developer ,the term developer means any person or entity that initiates1 finances1 manages1 or oversees the planning1 site selection1 permitting1 or construction of an ,,ai-focused data center4 7#aj7 ,operator ,the term operator means any person or entity responsible for the day-to-day management1 maintenance1 or functioning of an ,,ai-focused data center1 including the administration of computing infrastructure1 utilities1 or facility systems4 7#aa7 ,owner ,the term owner means any person or entity holding legal title to1 leasehold interest in1 or controlling ownership stake in the real property1 infrastructure1 or computing assets comprising an ,,ai-focused data center4 7d7 ,severability ,if any provision of this section or the application of this section to any person or circumstance is held to be unconstitutional1 the remaining provisions of this section and the application of this section to other persons or circumstances shall not be affected4