HR-9019-119
Referred to the House Committee on Energy and Commerce.
Sponsored by Chip Roy (R-TX)
What it does
This bill would direct the Secretary of Energy, in consultation with the EPA, to submit an initial report to Congress within two years of enactment — and annually thereafter — on the electricity and water consumption of certain data centers. The covered data centers are those qualifying under Executive Order 14318, which accelerates federal permitting of data center infrastructure, excluding government-owned or defense-related facilities. The reports would include water volumes drawn from public water systems, whether data centers generate their own electricity or draw from the grid, and who paid the costs of connecting to the bulk-power system.
Who benefits
Lawmakers and the public who would gain access to previously unavailable data on data center resource consumption. Agricultural communities and rural landowners near data centers who may compete for water resources. Ratepayers and utility customers who would learn whether grid connection costs were passed on to them. Environmental researchers and advocacy groups seeking data on industrial water and energy use. State and local governments making land-use and water-allocation decisions. Competing industries (e.g., agriculture, manufacturing) that share water and power infrastructure with data centers.
Who is hurt
Data center operators and technology companies that would be required to disclose detailed resource consumption data, potentially revealing proprietary operational information. Companies that have received fast-track federal permitting under Executive Order 14318 and may face increased regulatory scrutiny as a result of the reporting. Investors in data center infrastructure who may face uncertainty if the reports generate political pressure for future regulation. Federal agency staff at the Department of Energy and EPA who would bear the administrative burden of compiling and publishing the reports.
Supporters argue
Supporters argue that data centers are among the fastest-growing consumers of electricity and water in the United States, with some large facilities using millions of gallons of water daily and drawing power equivalent to small cities — yet no comprehensive federal disclosure framework currently exists. They contend that because Executive Order 14318 accelerates federal permitting for these facilities, taxpayers and affected communities have a legitimate interest in knowing whether those subsidized projects impose costs on shared public resources like water systems and the electric grid. Transparency, they argue, is a prerequisite for sound congressional oversight and any future policy response.
Opponents argue
Opponents argue that the bill imposes a reporting mandate on a specific, federally permitted industry without evidence that existing disclosure mechanisms — such as state utility filings, EPA water reporting requirements, and voluntary corporate sustainability disclosures — are inadequate. They contend that requiring detailed facility-level data on water and electricity use could expose commercially sensitive operational information, disadvantaging U.S. technology companies in global competition. Critics may also argue that the bill's findings section prejudges the outcome by framing data centers as threats to water and farmland before any data has been collected, signaling a regulatory intent that could chill investment in AI and cloud infrastructure.
Constitutional context
This bill is a reporting and oversight measure directed at the executive branch, grounded in Congress's broad authority to gather information necessary to legislate — an implied power under Article I. No significant constitutional tension is raised: the bill does not regulate private conduct directly, impose penalties, or expand agency rulemaking authority. The Commerce Clause and Necessary and Proper Clause provide ample foundation for congressional information-gathering on industries that operate in interstate commerce.
Checks and balances
Congress gains informational authority over executive branch data collection; the Secretary of Energy and EPA Administrator are directed to compile and submit reports, but no new regulatory or enforcement power is created, leaving existing checks on agency action unchanged.
Historical precedent
Congress has previously required energy consumption reporting from federal agencies and certain industries under the Energy Policy Act of 2005 and the Energy Independence and Security Act of 2007, though neither specifically targeted commercial data centers.