No Data Center NDAs Act

119th Congress Introduced by Tom Barrett

Prohibits Members of Congress from signing data-center related NDAs to boost transparency around data-center information and oversight.

Introduced in House

Summary of HR 10118 (119th Congress)

Purpose and intent

HR 10118 proposes to prohibit Members of Congress from signing certain nondisclosure agreements (NDAs) related to data centers. The bill aims to prevent Members from entering into NDAs that could obscure information about data-center operations, security practices, contracts, or other potentially sensitive topics. The underlying goal appears to be increasing transparency and reducing the potential for undisclosed agreements that might impede public accountability.

Key provisions and changes

Prohibition scope: The bill would restrict Members of Congress from signing NDAs that pertain to data-center-related information. The exact breadth (e.g., which data-center topics are covered, thresholds, or types of entities subject to the NDA) would be defined in the bill text.

Related restrictions: The bill may set parameters on the enforceability or duration of such NDAs for Members, and could establish exceptions or safe harbors for legally mandated disclosures or ongoing investigations.

Compliance and enforcement: The measure would outline enforcement mechanisms (e.g., reporting requirements, potential penalties, or professional consequences for violations). It may also establish oversight procedures or guidance for congressional offices and staff.

Other purposes: The title indicates “and for other purposes,” suggesting additional related provisions could address transparency standards for data-center contracts, disclosures to the public, or related oversight considerations.

Who would be affected

Members of Congress: Primary subjects of the prohibition, including potential restrictions on signing NDAs about data-center topics.

Congressional offices and staff: Likely responsible for compliance, record-keeping, and ensuring that NDAs with data-center topics are not signed by Members.

Data-center entities: Contractors, vendors, and service providers that engage with Members or congressional staff could be indirectly affected due to altered confidentiality arrangements or disclosure requirements.

Public and oversight bodies: The intended beneficiaries are the public and legislative oversight bodies seeking greater transparency in data-center matters.

Procedural and timeline aspects

Introduction: The bill was introduced and assigned to a committee on August 20, 2026.

Referral: Referred to the House Committee on House Administration, signaling initial steps toward consideration, potential amendments, hearings, and eventual floor action.

Status: As of the latest action history, it has not advanced beyond committee referral.

Potential implications and considerations

Transparency vs. confidentiality: The bill emphasizes greater transparency around data-center-related information involving Members of Congress, potentially affecting standard NDA practices in this domain.

Scope and definitions: The impact hinges on how “data centers” and “nondisclosure agreements” are defined within the bill, including any exemptions (e.g., for classified information, legal privilege, or ongoing investigations).

Compliance burden: Offices would need to implement policies to verify that Members do not sign prohibited NDAs, which could involve internal audits or training.

If you’d like, I can tailor this summary to include hypothetical examples of provisions (e.g., sample definitions, enforcement mechanisms) based on common legislative drafting patterns, or wait for the bill text for more precise details.