HR-9372-119
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 34 - 1.
Sponsored by Suhas Subramanyam (D-VA)
What it does
This bill would direct the National Institute of Standards and Technology (NIST) to create a research program developing best practices, definitions, and technical standards for measuring how much energy and water data centers use — including energy consumed by artificial intelligence workloads. It would also require NIST to study gaps in data availability that limit energy demand forecasting, coordinate data sharing with the Department of Energy, and engage with industry, academia, and international standards bodies. NIST would be required to brief Congress twice within two years of enactment, and up to $30 million in appropriations would be authorized over fiscal years 2027–2029.
Who benefits
Electric grid operators and utilities that would gain better data to forecast energy demand from data centers. Energy researchers and academics who would benefit from standardized metrics and improved data access. State and federal energy regulators seeking reliable consumption data for planning. Renewable energy developers who could better anticipate grid load growth. Taxpayers and ratepayers broadly, if improved forecasting reduces grid reliability risks or costly over/under-investment. International standards bodies and foreign governments seeking to align with U.S. measurement frameworks. Smaller data center operators who may benefit from clear, standardized reporting guidelines rather than a patchwork of inconsistent metrics.
Who is hurt
Large data center operators and cloud computing companies (including major AI developers) that may face increased pressure to disclose energy and water consumption data as standards become established — even though this bill does not mandate disclosure. Companies that have developed proprietary energy metrics may find their approaches displaced by NIST standards. Water utilities and local governments in data-center-dense regions may face increased scrutiny of water use. Taxpayers bear the cost of the $30 million authorization. Competing international standards bodies or foreign governments with different measurement frameworks could face pressure to conform to U.S.-developed standards.
Supporters argue
Supporters argue that data centers now account for a rapidly growing and poorly measured share of U.S. electricity consumption — with AI workloads accelerating that growth — and that grid operators cannot plan reliably without standardized, accurate energy use data. They contend that NIST is the appropriate agency for this work given its established role in measurement science and standards development, and that voluntary best practices avoid heavy-handed mandates while still improving transparency. The $30 million authorization is modest relative to the scale of grid planning decisions that depend on accurate demand forecasting.
Opponents argue
Opponents argue that the bill authorizes $30 million for a research and standards program that may produce voluntary guidelines with no enforcement mechanism, making it unlikely to generate the consistent industry-wide data it seeks. They contend that NIST best practices could serve as a precursor to mandatory disclosure requirements, creating regulatory uncertainty for data center operators before any such requirements are debated by Congress. Critics may also argue that existing private-sector and international standards efforts — such as those by the Green Grid consortium — are already addressing these measurement challenges without federal spending.
Constitutional context
No significant constitutional tension is present. Congress has broad authority to fund research programs and direct executive agencies under the Commerce Clause (Art. I, §8, cl. 3) and the Spending Clause. NIST's mandate here is limited to research, standards development, and congressional briefings — it does not regulate private conduct or compel disclosure, so First Amendment compelled-speech concerns (as in Moody v. NetChoice, 2024) and Fourth Amendment digital privacy concerns (as in Carpenter v. United States, 2018) are not directly implicated.
Checks and balances
The Executive Branch (NIST and DOE) gains a new research and standards mandate, but Congress retains oversight through required briefings and controls funding through the annual appropriations process; no new regulatory authority over private entities is created.
Historical precedent
The Energy Independence and Security Act of 2007 directed EPA and DOE to study and report on data center energy efficiency, a similarly scoped research and standards effort that did not mandate private-sector compliance.