The findings, first shared with TIME, are expected to be part of a broader effort in the coming year by members of Congress hoping to put more guardrails around the massive, power-intensive projects.
Warren's office led the investigation with fellow Democratic Senators Chris Van Hollen of Maryland and Richard Blumenthal of Connecticut, which focused on seven major data center developers—Amazon, Google, Meta, Microsoft, CoreWeave, Digital Realty, and Equinix. The senators’ staff requested information from each company and interviewed employees.
“This report lays bare what we have long known: working Americans and local communities are footing the bill for Big Tech’s massive expansion of data centers, while these companies continue to operate without transparency,” Van Hollen says.
All four of the major technology companies in the investigation—Amazon, Google, Meta and Microsoft—have routinely sought nondisclosure agreements during data center development, according to the report. Some acknowledged requesting them from government officials. While data center negotiations often deal with commercially sensitive information, the Senate report argues that NDAs have also restricted public scrutiny of deals involving tax dollars, utility rates, and public infrastructure.
The report comes as data centers have become a hot-button issue on the campaign trail. About half of Americans say that data center construction is bad for the country, according to a recent Economist/YouGov poll. Both parties have been harnessing the issue, even as President Trump warns that opposition to data centers could push the AI buildout overseas.
The Senate investigators found none of the seven companies would agree to a standard that would require them to pay for the building of new power infrastructure that would not have been needed if not for their data centers. The companies generally said they would pay the direct costs of serving their data centers, but argued that larger investments in the electric grid—like new power plants and transmission lines—can benefit other customers and should not automatically be assigned to the company that helped drive the need for them.
Congress Debates New Data Center Laws
When Congress reconvenes after the midterm elections, data centers will be among the issues waiting for them. In September, the House overwhelmingly passed the bipartisan Ratepayer Protection Act, 417-3, which would direct states to consider standards requiring large-load customers such as data centers to cover the incremental costs of the generation, transmission, and distribution infrastructure needed to serve them.
Much of the authority over electricity rates remains with state regulators, which means the biggest fights will continue to play out in statehouses and public utility commissions. But the Senate investigation gives Congress a new set of findings to work with as lawmakers consider whether federal standards should govern large electricity users, transparency around data center deals and the public subsidies supporting the industry’s expansion.
Van Hollen said Congress needs to pass a bill “that ensures that the corporations building and running data centers cover the costs of the energy they need, instead of pushing those costs onto the backs of consumers.”
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