PolicyBrief
H.R. 10118
119th CongressAug 20th 2026
No Data Center NDAs Act
IN COMMITTEE

The No Data Center NDAs Act prohibits Members of Congress from signing nondisclosure agreements as a condition for accessing information regarding the planning or development of data centers.

Tom Barrett
R

Tom Barrett

Representative

MI-7

LEGISLATION

No Data Center NDAs Act Bans Secret Deals for Lawmakers: Transparency for High-Tech Resource Use Starts Now

The No Data Center NDAs Act is a straightforward piece of legislation designed to pull back the curtain on the massive facilities that power our digital lives. Specifically, it prohibits any Member of Congress from signing a nondisclosure agreement (NDA) as a condition for getting the scoop on data center planning. Whether it’s a state government or a private tech giant pitching the project, lawmakers can no longer be legally sworn to secrecy regarding where these centers are going, how much they cost, or—critically—how much water and electricity they are going to suck up. The bill doubles down by banning the use of any federal funds to enforce these kinds of secret contracts, essentially stripping them of their legal teeth at the congressional level.

Opening the Digital Black Box

Data centers are the backbone of the internet, but they are also notorious resource hogs. For a local resident or a small business owner, a new data center nearby could mean anything from a boost in the local tax base to a sudden strain on the power grid or water supply. By prohibiting NDAs under Section 2, this bill ensures that your Representative or Senator can’t be muzzled by a developer. If a tech company wants to build a massive server farm in your county, your federal representatives will be legally barred from signing away their right to talk about the project's construction designs or its impact on local resources. This means more information is likely to reach the public before the concrete is even poured.

Follow the Money and the Power

The bill specifically targets information that usually stays hidden in the shadows of corporate negotiations. According to the text, "covered information" includes planned investments and resource consumption. For the average person, this is the difference between knowing a project is coming and knowing if that project will cause your utility bills to spike or your town's water reserves to dwindle. By requiring the House and Senate Ethics Committees to write up new regulations to enforce this, the bill creates a formal barrier against the kind of "behind closed doors" deal-making that often leaves regular citizens in the dark until it's too late to weigh in.

Accountability in the Cloud

While this bill is a win for transparency, its success hinges on the follow-through from the Ethics Committees. The legislation defines a "data center" by referencing existing energy laws, ensuring there isn't much wiggle room for companies to claim their facility is something else to avoid disclosure. For the office worker relying on cloud storage or the trade worker looking for construction jobs, this act aims to ensure that the growth of the digital economy doesn't come at the cost of public accountability. It’s a rare move that prioritizes the public's right to know over a private entity's desire for total control over their project's narrative.