Want to stop a Data Center? Try this.
A recent video* told how a local community stopped a data center by suing the company for using parts from China. That is not permitted under the NDAA owing to Trump’s EO declaring data centers necessary for national security.
*Cannot find even though I saved it. Will keep looking.
TWO MAIN POINTS:
💥 1 The NDAA contains restrictions on using materials and products from China, Russia, Iran, and North Korea for national security projects.
NDAA is here: Text - H.R.5009 - 118th Congress (2023-2024): Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (Public Law 118-159). The most relevant sections are Section 844 (strategic materials), Section 889 (telecom/tech), and Section 1260H (Chinese Military Companies list).
💥 2 Trump signed an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure – The White House“ on July 23, 2025.
This EO explicitly designates data centers as national security infrastructure.
Because that EO explicitly designates data centers as national security infrastructure and requires disclosure of U.S. vs. foreign manufacturing — it opens the door to applying NDAA-style restrictions on Chinese materials to qualifying projects.
Are data centers necessary for national security? How is storing all the data on all Americans useful for national security? What are the risks? What if it’s hacked?
LINKS
Prescott Balch helped stop a data center in Caledonia, WI. He’s now advising people nationwide: https://www.widatacenterfacts.org/
Prescott Balch interview
Erin Brockovich on the topic: https://brockovichdatacenter.com/
Catherine Austin Fitts on the Control Grid:
NDAA Details (AI generated)
Supply Chain & Raw Materials
The NDAA mandates a strategic shift in procurement policy to reduce reliance on China for raw materials and advanced technology, targeting critical minerals, rare earth elements, microelectronics, and pharmaceuticals. The DoD must develop strategies ensuring supply chains do not rely on critical minerals mined or processed in covered countries by 2035.
Strategic/Construction Materials (FY2026 NDAA)
NDAA Section 844 expands DoD’s restrictions on contracting for certain strategic materials sourced from non-allied nations, adding molybdenum, gallium, and germanium to the list of restricted “covered materials.” Congress included a narrow compliance pathway for recycled materials, subject to strict conditions. Kslaw
Buy American / Domestic Content Requirements
Section 835 of the FY24 NDAA establishes domestic content requirements for major DoD programs under the Buy American Act, with the domestic source content standard rising from 60% of cost to 75% by 2029. Section 833 also requires suppliers of any flight-related system or component using aerospace-grade materials to notify DoD if any such materials were manufactured or processed in China, Iran, North Korea, or Russia.
Chinese Military Companies (CMC) Prohibition
A direct prohibition on the DoD entering, renewing, or extending contracts with listed Chinese Military Companies takes effect on June 30, 2026. A broader supply chain prohibition begins on June 30, 2027, barring DoD from purchasing end products or services sourced from those entities.
Telecommunications / Tech Components (Section 889)
Under Section 889 of the FY2019 NDAA, federal agencies are prohibited from using or purchasing select items from certain Chinese tech companies where those items are “a substantial or essential component of any system, or as critical technology as part of any system.”
The Key Nuance
The restrictions are most explicit for technology, electronics, critical minerals, and advanced manufacturing materials. For conventional physical building materials (steel, concrete, lumber, etc.), the restrictions are less direct — they flow primarily through the Buy American Act and domestic content thresholds rather than outright China-specific prohibitions. However, for any project touching DoD or national security infrastructure, the layered CMC prohibitions, supply chain disclosure requirements, and Buy American mandates create significant barriers to using Chinese-sourced materials.
EO DETAILS (AI generated)
Trump signed an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure” on July 23, 2025.
This EO explicitly designates data centers as national security infrastructure.
The definition of a “Qualifying Project” explicitly includes any data center that “protects national security” (Section 2(d)(iii)).
DETAILS
The order applies to data centers requiring more than 100 MW of new electricity load, costing at least $500 million to build, or those that protect national security. It streamlines environmental review and permitting processes and orders the Secretary of Commerce to provide financial support and incentives for qualifying projects.Qualifying projects can receive financial support including loans, loan guarantees, grants, tax incentives, and offtake agreements. Each proposal must include a comprehensive, full-stack AI technology package covering AI-optimized hardware, chips, servers, data center storage, cloud services and networking — and must identify whether and to what extent such items are manufactured in the United States. Paul
Because that EO explicitly designates data centers as national security infrastructure and requires disclosure of U.S. vs. foreign manufacturing — it opens the door to applying NDAA-style restrictions on Chinese materials to qualifying projects.
