[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5054 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  2d Session
                                S. 5054

  To exempt AI data centers from bonus depreciation and require data 
center operators to submit certain information relating to electricity 
         and water use by data centers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2026

  Mr. Warner introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To exempt AI data centers from bonus depreciation and require data 
center operators to submit certain information relating to electricity 
         and water use by data centers, and for other purposes.

    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 Tax Accountability and 
Disclosure Act of 2026''.

SEC. 2. EXEMPTING AI DATA CENTERS FROM BONUS DEPRECIATION.

    (a) In General.--Section 168(k) of the Internal Revenue Code of 
1986 is amended--
            (1) in paragraph (9)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end,
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``, or'', and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) any property used in an AI data center.'', 
                and
            (2) by adding at the end the following new paragraph:
            ``(11) AI data center.--
                    ``(A) In general.--For purposes of paragraph 
                (9)(C), the term `AI data center' means a permanent or 
                semipermanent structure, or group of such structures, 
                which--
                            ``(i) is dedicated to--
                                    ``(I) the centralized 
                                accommodation, interconnection, and 
                                operation of information technology and 
                                network telecommunications equipment 
                                (including not less than 1 graphics 
                                processing unit), and
                                    ``(II) providing data storage, 
                                processing, and transport services, and
                            ``(ii) at least 20 percent of which is used 
                        for developing or operating artificial 
                        intelligence.
                    ``(B) Exclusion.--
                            ``(i) In general.--For purposes of 
                        paragraph (9)(C), the term `AI data center' 
                        shall not include any structure or group of 
                        structures described in subparagraph (A) which 
                        has obtained the LEED Green Building Rating 
                        System certification at the Platinum or Gold 
                        level.
                            ``(ii) Alternate standard.--The Secretary 
                        of Energy and the Administrator of the 
                        Environmental Protection Agency may jointly--
                                    ``(I) establish or identify an 
                                alternate standard that is equivalent 
                                to or exceeds the standard described in 
                                clause (i), and
                                    ``(II) as an alternative to the 
                                standard described in clause (i), allow 
                                the use of such alternate standard for 
                                purposes of the exclusion provided 
                                under such clause.
                    ``(C) Definitions.--For purposes of this 
                paragraph--
                            ``(i) Artificial intelligence.--The term 
                        `artificial intelligence' has the meaning given 
                        such term in section 5002 of the National 
                        Artificial Intelligence Initiative Act of 2020 
                        (15 U.S.C. 9401).
                            ``(ii) Graphics processing unit.--The term 
                        `graphic processing unit' means a specialized 
                        electronic circuit designed to accelerate image 
                        rendering, graphics processing, and parallel 
                        computation tasks.
                            ``(iii) LEED green building rating 
                        system.--The term `LEED Green Building Rating 
                        System' means the most recent version of the 
                        Leadership in Energy and Environmental Design 
                        green building rating system for--
                                    ``(I) Building Design and 
                                Construction, or
                                    ``(II) Operations and Maintenance,
                        as developed by the U.S. Green Building 
                        Council.''.
    (b) Application of Leased Property Rules to AI Data Centers.--
Section 168 of the Internal Revenue Code of 1986 is amended by adding 
at the end the following new subsection:
    ``(o) Application of Leased Property Rules to AI Data Centers.--In 
the case of any AI data center (as defined in subsection (k)(11)) which 
is subject to a lease, the depreciation deduction provided by section 
167(a) shall be determined pursuant to the rules under section 
1.167(a)-11(e)(3)(iii) of title 26, Code of Federal Regulations (as in 
effect on the date of enactment of this subsection).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of enactment of this 
Act.

SEC. 3. DATA CENTER DISCLOSURES.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Affected community.--The term ``affected community'' 
        means a community that--
                    (A) is subject to the jurisdiction of the same unit 
                of local government as a covered data center; or
                    (B) is served by the same electric utility, water 
                authority, or drinking water utility as a covered data 
                center.
            (3) Affected unit of local government.--The term ``affected 
        unit of local government'' means any unit of local government 
        within the jurisdiction of which a covered data center or 
        affected community is located.
            (4) Applicable recipient.--The term ``applicable 
        recipient'', with respect to a disclosure under subsection (b) 
        or a report under subsection (c), means--
                    (A) if the applicable covered data center is 
                located in an electing State, the electing State; and
                    (B) if the applicable covered data center is not 
                located in an electing State, the Secretary and the 
                Administrator.
            (5) Covered data center.--
                    (A) In general.--The term ``covered data center'' 
                means a data center, including a dual-use data center 
                and a data center that is co-located or otherwise 
                shares commercial space with a dedicated Federal data 
                center, the power demand of which is 25 megawatts or 
                more.
                    (B) Exclusion.--The term ``covered data center'' 
                does not include a dedicated Federal data center.
            (6) Data center.--The term ``data center'' has the meaning 
        given the term in section 453(a) of the Energy Independence and 
        Security Act of 2007 (42 U.S.C. 17112(a)).
            (7) Data center operator.--The term ``data center 
        operator'' means any person that operates a covered data 
        center.
            (8) Dedicated federal data center.--The term ``dedicated 
        Federal data center'' means a data center that is owned and 
        operated exclusively by or for the Federal Government 
        (including any element of the intelligence community (as 
        defined in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003))).
            (9) Dual-use data center.--The term ``dual-use data 
        center'' means a data center that provides services to both the 
        Federal Government and 1 or more non-Federal interests.
            (10) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (11) Electing state.--The term ``electing State'' means a 
        State that--
                    (A) has elected to receive disclosures and reports 
                under this section;
                    (B) has established a system for receiving those 
                disclosures and reports; and
                    (C) has notified the Secretary and the 
                Administrator that the State will--
                            (i) receive those disclosures and reports; 
                        and
                            (ii) submit to the Secretary and the 
                        Administrator an annual compilation of those 
                        disclosures and reports under subsection 
                        (d)(1).
            (12) Power usage effectiveness.--The term ``power usage 
        effectiveness'' has the meaning given the term in the document 
        published in 2026 by the International Organization for 
        Standardization and the International Electrotechnical 
        Commission entitled ``Information technology -- Data centres 
        key performance indicators -- Part 2: Power usage effectiveness 
        (PUE)'' and numbered ISO/IEC 30134-2:2026 (or a successor 
        document).
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (14) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) the United States Virgin Islands;
                    (E) Guam;
                    (F) American Samoa;
                    (G) the Commonwealth of the Northern Mariana 
                Islands;
                    (H) an Indian tribe included on the list published 
                by the Secretary of the Interior under section 104 of 
                the Federally Recognized Indian Tribe List Act of 1994 
                (25 U.S.C. 5131);
                    (I) the Federated States of Micronesia;
                    (J) the Republic of the Marshall Islands; and
                    (K) the Republic of Palau.
            (15) Water usage effectiveness.--The term ``water usage 
        effectiveness'' has the meaning given the term in the document 
        published in 2022 by the International Organization for 
        Standardization and the International Electrotechnical 
        Commission entitled ``Information technology -- Data centres 
        key performance indicators -- Part 9: Water usage effectiveness 
        (WUE)'' and numbered ISO/IEC 30134-9:2022 (or a successor 
        document).
    (b) Initial Disclosures.--
            (1) In general.--Not later than 180 days before the date on 
        which a covered data center commences operations, the data 
        center operator shall submit to the applicable recipient an 
        initial disclosure that includes an estimate of the information 
        described in paragraphs (1) through (4) of subsection (c) for 
        the 1-year period beginning on the date on which the covered 
        data center is expected to commence operations.
            (2) Existing data centers.--Not later than 180 days after 
        the date of enactment of this Act, each covered data center 
        operating as of that date of enactment shall submit to the 
        applicable recipient an initial disclosure that includes the 
        information required to be included in an annual mandatory 
        report under subsection (c) for the most recent calendar year 
        ending before that date of enactment.
            (3) Federal data centers.--
                    (A) Dual-use data centers.--With respect to a dual-
                use data center--
                            (i) this subsection and subsection (c) 
                        shall only apply to the extent prescribed by 
                        the Director under subsection (e)(1)(D); and
                            (ii) in providing initial disclosures under 
                        this subsection or submitting an annual report 
                        under subsection (c) as so prescribed, the data 
                        center operator shall comply with all 
                        applicable requirements established under 
                        subsection (e), including the standards 
                        established under paragraph (1)(D) of that 
                        subsection and any exemptions from disclosure 
                        established under paragraph (2)(C) of that 
                        subsection.
                    (B) Dedicated federal data centers.--This 
                subsection and subsection (c) shall not apply to a 
                dedicated Federal data center.
    (c) Annual Mandatory Report.--Not later than December 31 of each 
year, each data center operator shall submit to the applicable 
recipient an annual report that describes, for the most recent 
preceding calendar year, the following information for each applicable 
covered data center operated by the data center operator:
            (1) Water access and usage.--
                    (A) The total number of gallons of water withdrawn 
                or consumed each month by the covered data center 
                during the year covered by the report.
                    (B) The source of the water so withdrawn or 
                consumed by the covered data center, such as a 
                municipal drinking water system, groundwater, surface 
                water, or reclaimed water.
                    (C) The annual average water usage effectiveness of 
                the covered data center.
                    (D) Any water rights, permits, or long-term supply 
                agreements held by a data center operator for a covered 
                data center, including the term and quantity of water 
                subject to those rights, that permit, or that 
                agreement.
            (2) Electricity access and usage.--
                    (A) The total electricity contracted for or 
                consumed by the covered data center each month during 
                the year covered by the report, measured in megawatt-
                hours, and the peak electricity demand of the covered 
                data center during that year, measured in megawatts.
                    (B) If the covered data center uses behind-the-
                meter power generation, the method used to generate 
                that power, including the percentage of total 
                electricity consumed by the covered data center from 
                each behind-the-meter generation source type, 
                calculated on an actual-dispatch basis.
                    (C) The total greenhouse gas emissions of the 
                covered data center in carbon dioxide-equivalent metric 
                tons (calculated on the basis of energy consumption).
                    (D) The annual average power usage effectiveness of 
                the covered data center.
                    (E) Any long-term power purchase agreements or 
                utility service agreements to which the covered data 
                center operator was a party during the year covered by 
                the report, including--
                            (i) the term of the power purchase 
                        agreement; and
                            (ii) the quantity of power covered by the 
                        power purchase agreement.
            (3) Backup power.--
                    (A) The types of backup power maintained for the 
                covered data center, including generators, batteries, 
                and all other sources of backup power.
                    (B) The total backup capacity maintained for the 
                covered data center.
                    (C) The quantity of fuel stored on-site for backup 
                power.
                    (D) The total hours that the covered data center 
                operated using backup power during the year covered by 
                the report.
                    (E) The annual emissions of carbon dioxide, and 
                criteria pollutants for which there are national 
                ambient air quality standards under section 109 of the 
                Clean Air Act (42 U.S.C. 7409), from backup power 
                during the year covered by the report.
            (4) Property setback.--The setback requirements for data 
        center facilities in the State in which the covered data center 
        is located, including any zoning variances, special use 
        permits, or conditional approvals relating to the use of a 
        facility or setback by the data center operator.
    (d) Reports to EPA and DOE.--
            (1) In general.--Each electing State shall annually submit 
        to the Secretary and the Administrator a compilation of--
                    (A) the disclosures submitted to the electing State 
                under subsection (b); and
                    (B) the reports submitted to the electing State 
                under subsection (c).
            (2) Publication.--The Secretary and the Administrator shall 
        make publicly available on the website of the Department of 
        Energy and the Environmental Protection Agency, respectively, 
        an annual report that includes each of--
                    (A) the disclosures submitted directly to the 
                Secretary and the Administrator under subsection (b);
                    (B) the reports submitted directly to the Secretary 
                and the Administrator under subsection (c);
                    (C) the compilations submitted to the Secretary and 
                the Administrator under paragraph (1); and
                    (D) any information submitted to the Secretary and 
                the Administrator under subsection (e)(3), in 
                accordance with any standards established under 
                subsection (e)(1)(C).
    (e) Disclosures for Federal Data Centers.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director shall establish standards 
        for--
                    (A) the compilation by appropriate Federal 
                officials, as determined by the Director, of 
                information relating to each dedicated Federal data 
                center and dual-use data center utilized by the Federal 
                Government;
                    (B) the submission of that information to the 
                committees of Congress with jurisdiction over those 
                Federal officials;
                    (C) the publication of that information pursuant to 
                subsection (d)(2)(D), if applicable; and
                    (D) with respect to dual-use data centers, 
                disclosure and reporting by the applicable data center 
                operator under subsections (b) and (c).
            (2) Requirements.--The standards established under 
        paragraph (1) shall--
                    (A) to the maximum extent practicable, require the 
                disclosure of information consistent with the 
                information required to be disclosed under subsection 
                (c) with respect to covered data centers;
                    (B) simultaneously--
                            (i) promote data center accountability and 
                        transparency; and
                            (ii) protect national security; and
                    (C) include exemptions from disclosure to protect 
                national security, as appropriate.
            (3) Submission of information for publication.--If the 
        Director determines appropriate, the standards established 
        under paragraph (1) may require appropriate Federal officials, 
        as determined by the Director, to submit to the Secretary and 
        the Administrator for publication under subsection (d)(2)(D) 
        such information as is appropriate for publication under that 
        subsection.
            (4) Coordination.--In carrying out this subsection, 
        including the development of exemptions under paragraph (2)(C), 
        the Director shall coordinate with appropriate officials of--
                    (A) the Office of the Director of National 
                Intelligence;
                    (B) the Central Intelligence Agency;
                    (C) the Department of Defense;
                    (D) the Department of Homeland Security;
                    (E) the Department of Justice;
                    (F) the Department of Energy;
                    (G) the Department of Commerce;
                    (H) the Department of the Treasury; and
                    (I) any other relevant Federal agency, as 
                determined by the Director, including any Federal 
                agency utilizing a data center for purposes relating to 
                national security.
    (f) Prohibition on Use of Nondisclosure Agreements or 
Confidentiality Agreements To Conceal Information or Avoid Required 
Disclosures.--
            (1) In general.--Notwithstanding any provision of State 
        contract law or any agreement to the contrary, no nondisclosure 
        agreement, confidentiality agreement, or similar contract or 
        agreement shall operate--
                    (A) to prevent, limit, delay, or penalize 
                disclosure by any party to the contract or agreement to 
                the Secretary, the Administrator, or an electing State 
                of any information required to be disclosed to the 
                Secretary, the Administrator, or the electing State 
                under this section;
                    (B) to prevent, limit, delay, or penalize 
                disclosure by an electing State to--
                            (i) the Secretary or the Administrator of 
                        any information required to be disclosed to the 
                        Secretary or the Administrator under this 
                        section; or
                            (ii) an affected unit of local government 
                        of any information provided to the electing 
                        State under this section; or
                    (C) to require any party to the contract or 
                agreement to seek approval from a data center operator 
                before responding to a request for information from the 
                Secretary, the Administrator, or an electing State made 
                pursuant to subsection (g)(4).
            (2) Voidability.--Any provision of a nondisclosure 
        agreement, confidentiality agreement, or similar contract or 
        agreement that purports to restrict disclosure in a manner 
        prohibited under paragraph (1) is void as against public policy 
        and unenforceable to the extent of such restriction.
            (3) No liability for compliance.--No electric utility, 
        water authority, drinking water utility, unit of local 
        government, or State agency shall be liable to a data center 
        operator under any nondisclosure agreement, confidentiality 
        agreement, or similar contract or agreement for any disclosure 
        made in compliance with the requirements of this section.
            (4) Federal preemption.--To the extent that any provision 
        of State contract law would render enforceable a provision of a 
        nondisclosure agreement, confidentiality agreement, or similar 
        contract or agreement prohibited or rendered unenforceable 
        under this subsection, such provision of State law is preempted 
        by this Act.
            (5) Rule of construction.--Nothing in this section 
        prohibits a data center operator from entering into a 
        nondisclosure agreement, confidentiality agreement, or similar 
        contract or agreement covering information that is not required 
        to be disclosed to the Secretary, the Administrator, or an 
        electing State under this section.
    (g) Enforcement.--
            (1) Negligent violations.--Any data center operator that 
        negligently fails to submit a disclosure required under 
        subsection (b) or a report required under subsection (c) shall 
        be subject to a civil penalty of not more than $50,000 for each 
        day of noncompliance.
            (2) Knowing violations.--Any data center operator that 
        knowingly fails to submit a disclosure required under 
        subsection (b) or a report required under subsection (c), or 
        that knowingly submits a false or materially misleading 
        disclosure or report, shall be subject to a civil penalty of 
        not more than $100,000 for each day of noncompliance.
            (3) State enforcement.--An electing State may impose fines 
        and engage in other enforcement activities consistent with this 
        section and applicable State law.
            (4) Requests for information.--The Secretary and the 
        Administrator, acting jointly, or an electing State may issue 
        to an electric utility, water authority, or drinking water 
        utility a request for information relating to matters required 
        to be disclosed by a data center operator under subsection (b) 
        or (c).
    (h) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Secretary and the Administrator shall 
jointly promulgate such regulations as are necessary to carry out this 
section, including regulations establishing--
            (1) standardized formatting for the disclosures under 
        subsection (b) and the reports under subsection (c); and
            (2) procedures for submission to, and review by, the 
        Secretary and the Administrator of disclosures under subsection 
        (b), reports under subsection (c), and compilations under 
        subsection (d)(1).
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