Real bill currently in Congress  c/o  HR/119/10005

Data Center Resource Disclosure Act

Policy area: Science, Technology, Communications ▲ 36 days since action Sponsor: Hillary J. Scholten, MI-03, D → Congress.gov

Latest action (2026-07-30): Referred to the House Committee on Energy and Commerce.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Synthesis

The bill is constitutional only if it is narrowly tailored to data centers substantially affecting interstate commerce and does not exceed the enumerated powers of Congress under the Commerce Clause and Necessary and Proper Clause.

Hamilton YES

The proposed legislation requiring disclosure of data center resource usage falls within the Commerce Clause power of Congress to regulate interstate commerce. Data centers are integral to modern interstate and international commerce, and their resource consumption directly affects the national energy grid and economic productivity. Article I, Section 8, Clause 3 grants Congress authority to regulate commerce among the several states, and this disclosure requirement is a necessary and proper means to ensure the stability and efficiency of that commerce. Furthermore, the Necessary and Proper Cl…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Federalist No. 23
Jefferson NO

This bill, by compelling disclosure of resource usage by data centers, exceeds the limited and enumerated powers delegated to the federal government. The Constitution grants Congress no general authority to mandate such disclosures; the Commerce Clause (Article I, Section 8, Clause 3) cannot be stretched to cover every local activity that may have some remote connection to interstate commerce. Such an exercise of power would invade the reserved rights of the states and the people under the Tenth Amendment. The proper remedy for any perceived need for resource transparency lies with the states,…

Amendment X Article I, Section 8, Clause 3
Madison CONDITIONAL

This bill, requiring disclosure of data center resource usage, may be constitutional if it falls within the enumerated power of Congress to regulate interstate commerce under Article I, Section 8, Clause 3. However, the Constitution does not grant a general police power to the federal government; any such regulation must be tied to a legitimate commercial nexus. If the bill merely mandates information collection without a clear connection to interstate commerce or another enumerated power, it risks exceeding the limited authority delegated by the states. The principle of federalism, as defende…

Article I, Section 8, Clause 3 Federalist No. 45
Marshall CONDITIONAL

This bill, requiring disclosure of data center resource usage, must be examined under the Commerce Clause and the Necessary and Proper Clause. Congress may regulate interstate commerce, and data centers, as instruments of interstate commerce, fall within that sphere. However, the bill's requirement to disclose proprietary resource information may intrude upon state police powers or private property rights if not carefully tailored. Under McCulloch v. Maryland, Congress may employ means that are 'necessary and proper' to execute its enumerated powers, but such means must be consistent with the …

Article I, Section 8, Clause 3 (Commerce Clause) McCulloch v. Maryland (1819)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

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