[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10102 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10102

To amend the Internal Revenue Code of 1986 to establish the data center 
                        electricity excise tax.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 13, 2026

 Ms. Salinas introduced the following bill; which was referred to the 
   Committee on Ways and Means, and in addition to the Committees on 
 Energy and Commerce, and Science, Space, and Technology, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to establish the data center 
                        electricity excise tax.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Data Center Community Reinvestment 
Act of 2026''.

SEC. 2. DATA CENTER ELECTRICITY EXCISE TAX.

    (a) In General.--Chapter 33 of the Internal Revenue Code of 1986 is 
amended by inserting after subchapter C the following new subchapter:

          ``Subchapter D--Data Center Electricity Consumption

``Sec. 4286. Excise tax on data center electricity consumption.

``SEC. 4286. EXCISE TAX ON DATA CENTER ELECTRICITY CONSUMPTION.

    ``(a) In General.--There is hereby imposed on each data center a 
tax equal to 1 cent per kilowatt-hour of electricity used by such data 
center.
    ``(b) Data Center.--For purposes of this section, the term `data 
center' means any facility--
            ``(1) that primarily contains electronic equipment used to 
        process, store, or transmit digital information, and
            ``(2) that has a maximum rated power capacity or total peak 
        power load in excess of 1 megawatt.''.
    (b) Allocation of Funds.--
            (1) Land and water conservation fund.--There are hereby 
        appropriated to the Land and Water Conservation Fund 
        established under section 200302 of title 54, United States 
        Code, amounts equivalent to \1/5\ of the taxes received in the 
        Treasury under section 4286 of the Internal Revenue Code of 
        1986 (relating to tax on data center electricity consumption).
            (2) Housing trust fund.--There are hereby appropriated to 
        the Housing Trust Fund established under section 1338 of the 
        Federal Housing Enterprises Financial Safety and Soundness Act 
        of 1992 amounts equivalent to \1/5\ of the taxes received in 
        the Treasury under section 4286 of the Internal Revenue Code of 
        1986 (relating to tax on data center electricity consumption).
            (3) Hazardous substance superfund.--Section 9507(b) of the 
        Internal Revenue Code of 1986 is amended--
                    (A) in paragraph (4), by striking ``and'' at the 
                end,
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``, and'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(6) \1/5\ of the taxes received in the Treasury under 
        section 4286 (relating to tax on data center electricity 
        consumption).''.
            (4) Highway trust fund.--Section 9503(b)(1) of the Internal 
        Revenue Code of 1986 is amended by striking ``equivalent to the 
        taxes received'' and all that follows through subparagraph (E) 
        and inserting ``equivalent to--
            ``(A) the taxes received in the Treasury before October 1, 
        2028, under--
                    ``(i) section 4041 (relating to taxes on diesel 
                fuels and special motor fuels),
                    ``(ii) section 4051 (relating to retail tax on 
                heavy trucks and trailers),
                    ``(iii) section 4071 (relating to tax on tires),
                    ``(iv) section 4081 (relating to tax on gasoline, 
                diesel fuel, and kerosene), and
                    ``(v) section 4481 (relating to tax on use of 
                certain vehicles), and
            ``(B) \1/5\ of the taxes received in the Treasury under 
        section 4286 (relating to tax on data center electricity 
        consumption).''.
            (5) Energy technology trust fund.--
                    (A) In general.--Subchapter A of chapter 98 of the 
                Internal Revenue Code of 1986 is amended by adding at 
                the end the following new section:

``SEC. 9512. ENERGY TECHNOLOGY TRUST FUND.

    ``(a) Creation of Trust Fund.--There is hereby established in the 
Treasury of the United States a trust fund to be known as the Energy 
Technology Trust Fund, consisting of such amounts as may be 
appropriated or credited to such Trust Fund as provided in this section 
or section 9602(b).
    ``(b) Transfer to Trust Fund of Amounts Equivalent to Certain 
Taxes.--There are hereby appropriated to the Energy Technology Trust 
Fund amounts equivalent to \1/5\ of the taxes received in the Treasury 
under section 4286 (relating to tax on data center electricity 
consumption).
    ``(c) Expenditures From Trust Fund.--Amounts in the Energy 
Technology Trust Fund shall be available, as provided by appropriation 
Acts, to provide the cost of guarantees under title XVII of the Energy 
Policy Act of 2005.''.
                    (B) Clerical amendment.--The table of sections for 
                subchapter A of chapter 98 of such Code is amended by 
                adding at the end the following new item:

``Sec. 9512. Energy Technology Trust Fund.''.
            (6) Applicability of trust fund rules.--For purposes of 
        section 9601 of the Internal Revenue Code of 1986, the amounts 
        appropriated under paragraphs (1) and (2) shall be treated as 
        appropriations made under subchapter A of chapter 98 of such 
        Code.
    (c) Clerical Amendment.--The table of subchapters for chapter 33 of 
the Internal Revenue Code of 1986 is amended by inserting after the 
item relating to subchapter C the following new item:

         ``subchapter d--data center electricity consumption''.

    (d) Effective Date.--The amendments made by this section shall 
apply to electricity used and taxes received after the date of the 
enactment of this Act.
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