Congress reclaims right to discuss data center deals with voters
H.R. 10118 — No Data Center NDAs Act · Filed by Tom Barrett (R-MI) · Introduced Aug 20, 2026 · Referred to committee
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What it does
This bill prohibits Members of Congress from signing nondisclosure agreements (NDAs) that would prevent them from accessing or discussing information about data center planning, development, investments, locations, construction, or resource use — whether those NDAs are imposed by state/local governments or private entities. It also bars the use of federal funds to enforce such NDAs and directs the House and Senate Ethics Committees to write rules implementing the ban.
Why we flagged it
The bill's core mechanism is a transparency mandate — it removes a gag order that prevented elected officials from discussing infrastructure projects with constituents. This is fundamentally about restoring democratic accountability and public access to information about projects affecting local communities.
What the text implies
- Data center operators and government entities that have relied on NDAs to limit public scrutiny of projects will lose a tool for controlling information flow about environmental impact, water usage, and energy consumption.
- Members of Congress will now be able to publicly discuss data center projects in their districts, potentially enabling constituent organizing or opposition to projects previously shrouded in confidentiality.
The full analysis lists 4 implications of this text.
Who it affects
Citizens and their elected representatives gain the right to access and discuss information about data center projects that may affect local water, energy, and land use — information previously locked behind confidentiality agreements. This restores democratic accountability and transparency in infrastructure decisions that affect communities.