The US Government Is Letting a Key Data Center Regulation Expire

The Federal Data Center Enhancement Act (FDCEA) is set to expire in September without an apparent replacement, potentially ending requirements for federal agencies to report on data-center efficiency, resilience, energy and water use, and contractor sustainability. Wired reports: Despite the public backlash, the Office of Management and Budget (OMB), the government agency that sets guidance for how agencies implement policies in line with the president's agenda, is not providing any plans for how federal agencies should manage the sunset or continue to implement reporting beyond the timeline of the law. This, current and former workers at OMB and the General Services Administration (GSA) say, signals that the Trump administration is set to take an even more hands-off approach to data center oversight and regulation.

A replacement for the requirements laid out in FDCEA would, in other administrations, have been in the works for months ahead of its expiration. An employee with the GSA, the agency that oversees the government's IT services and helps to implement the FDCEA, says that the lack of any sort of plan is highly uncommon. The employee spoke to WIRED on the condition of anonymity for fear of retaliation. "Never in the history of data center policies has a policy expired without another one having been painstakingly worked on for three years behind the scenes," says the GSA employee. "The technology has changed so much it's not about getting everything right, it's about doing the best they can and updating to a new policy. They claim they're going to make sure private companies pay their fare share, but they haven't explained how they'll do that."

[...] There has been a burst of data-center-related legislation introduced in Congress this year, from bills that mandate environmental reviews of data centers to bills designed to protect local moratoriums. However, it appears that none of these bills are designed to address the requirements in FDCEA, nor do they specifically address federally run or leased data centers. [...] A search of reginfo.gov, the OMB website that contains reports on the president's Unified Agenda, also turns up nothing for the FDCEA. "By letting this expire, OMB is going to enter into this new age of prioritizing rapid AI development over any sort of centralized control or rigorous standards," says the anonymous GSA employee who spoke to Wired. "In the absence of a new policy from OMB, [GSA] has no directive or measurable standards with which to point agencies towards managing data centers efficiently."

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