To amend the Internal Revenue Code of 1986 to exempt qualified data center property from bonus depreciation, and for other purposes.
Summary
HR10448, introduced by Rep. McDonald Rivet (D-MI) on September 16, 2026, would eliminate bonus depreciation for qualified data center property, removing a tax incentive that currently supports data center investment. The bill is in early legislative stages, referred to the House Ways and Means Committee, with 29 cosponsors. If enacted, it would raise tax costs for data center developers and operators, potentially slowing new construction and affecting the broader data center supply chain.
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Key Takeaways
- 1.HR10448 would eliminate bonus depreciation for data center property, raising after-tax costs for data center developers.
- 2.The bill is in early legislative stages with 29 Democratic cosponsors; passage is unlikely given Republican control of the House.
- 3.No direct ticker impact is identified due to the bill's early stage and indirect revenue effects; the data center sector faces potential headwinds if enacted.
- 4.The bill signals ongoing congressional scrutiny of data center tax incentives, which could affect future investment decisions.
Market Implications
The bill's early stage and partisan sponsorship suggest minimal immediate market reaction. However, if momentum builds, data center REITs and developers could see sentiment shift. Investors should monitor the Ways and Means Committee for hearings or markups. The broader data center supply chain—including cooling, power equipment, and construction—could face indirect pressure if the tax incentive is removed, but no specific tickers meet the confidence threshold for inclusion.
⚡ Government Convergence
This signal is one of the converging government actions below.
Over the last 90 days, 81 separate government actions have converged on AI Compute / Datacenter Power. What that means: federal dollars are already moving — agencies are soliciting bids and awarding contracts, not just talking, and legislation and executive action are building the policy and funding tailwind behind it. When independent channels move together like this — 35 procurement notices, 25 bills, 16 federal contracts, 3 SEC filings and 2 patents — it's the clearest early tell that Washington is committing to ai compute / datacenter power, the kind of build-up that reshapes the sector well before it's obvious in the headlines.
Converging government actions
- BillUnleashing Low-Cost Rural AI Act · 2025-09-09
- BillClean Cloud Act of 2025 · 2025-11-20
- BillData Center Transparency Act · 2026-01-08
- ContractCLARK/SMOOT/CONSIGLI, A JOINT VENTURE: IGF::OT::IGF PRE-CONSTRUCTION SERVICES, NATIONAL AIR&SPACE MUSEUM REVITALIZATION · 2026-03-17
- Procurement notice7C20--Data Center and Telecommunications Modernization (VA-26-00039374) · 2026-05-15
- ContractCA, INC.: NEW 66 MONTH OPEN-MARKET CONTRACT FOR RENEWAL OF CA SOFTWARE, SUPPORT SERVICES, AND MAINTENANCE. CA PROPRIETARY SOFTWARE PRODUCTS ARE USED E · 2026-05-19
- Procurement noticeInstallation of Dedicated 120VAC and 240VAC Receptacles for Data Center Re-cabling Project · 2026-06-10
- Procurement noticeY1DA--573-21-106 EHRM Infrastructure Upgrades and Data Center Construction - Gainesville VAMC · 2026-06-26
- ContractACCENTURE FEDERAL SERVICES LLC: DATA CENTER SUPPORT SERVICES FOR THE OFFICE OF INFORMATION&TECHNOLOGY. IGF::OT::IGF · 2026-09-08
- ContractPERATON ENTERPRISE SOLUTIONS LLC: IGF::OT::IGF: FEDERAL STUDENT AID'S VIRTUAL DATA CENTER, PROVIDING CENTRALIZED HOSTING AND MANAGEMENT OF ELECTRONIC DATA AND COMPUTER APPLIC · 2026-09-15
- ContractGENERAL DYNAMICS INFORMATION TECHNOLOGY, INC.: OPERATE AND MAINTAIN THE OBIM INFRASTRUCTURE COMPONENTS AND ASSOCIATED APPLICATIONS AND OTHER FUNCTIONALITY OF THE PRODUCTION AND NON-PRODUC · 2026-09-17
- Procurement noticeFull Start-Up Commissioning of Data Center Cooling Infrastructure and UPS battery · 2026-09-24
- ContractTHE REGENTS OF THE UNIVERSITY OF COLORADO: GLOBAL-SCALE OBSERVATIONS OF THE LIMB AND DISK (GOLD) MISSION. THE CONTRACTOR SHALL PROVIDE THE PERSONNEL, MATERIALS, EQUIPMENT, AND FACILIT · 2026-09-24
- Procurement noticeFull Start-Up Commissioning of Data Center Cooling Infrastructure and UPS battery · 2026-09-25
Full Analysis
HR10448, introduced September 16, 2026, and referred to the House Ways and Means Committee, proposes to amend the Internal Revenue Code to exempt qualified data center property from bonus depreciation. This is a revenue-raising measure that would eliminate a tax incentive for data center capital expenditures. The bill is in its earliest stage—no hearings, markup, or votes have occurred. With 29 cosponsors, all Democrats, and no Republican support indicated, passage faces significant hurdles in the 119th Congress, especially given the narrow Republican majority in the House. The legislative path includes committee consideration, potential floor votes, and Senate action, making enactment unlikely in the near term.
The mechanism is direct: bonus depreciation currently allows accelerated write-offs for qualified property, including data center equipment and structures. Removing this benefit increases the after-tax cost of data center builds, reducing the internal rate of return for new projects. This would primarily affect data center REITs and developers, which are capital-intensive and rely on tax efficiency. However, the bill does not target any specific company; it changes the tax treatment for all qualified data center property.
Convergence with related signals: The candidate signals include data center power procurement and grid interconnection initiatives. These share an 'industry' connection—both involve data center infrastructure and energy demand—but pursue different objectives. The bill is a tax policy change; the candidates focus on energy supply and grid access. No candidate shares a direct mechanism or funding stream with HR10448. The convergence is thematic: Congress is simultaneously addressing data center growth through tax policy and energy infrastructure, signaling sustained legislative attention to the sector.
Structural winners and losers: If enacted, the bill would increase costs for data center operators, potentially reducing new supply and benefiting existing facilities with locked-in power contracts. However, the primary impact would be on companies with large capital expenditure programs, such as Equinix ($EQIX) and Digital Realty ($DLR), which are REITs and power consumers. These companies would face higher tax burdens, but their revenue streams are driven by leasing, not tax incentives. The bill does not affect energy producers like NextEra ($NEE) or Vistra ($VST), as it does not alter power generation economics. The causal chain for any ticker is weak: the bill is early-stage, and the impact on any single company's revenue is indirect and uncertain. Therefore, no tickers meet the confidence threshold for inclusion.
Timeline: The bill must clear the Ways and Means Committee, pass the House, and then the Senate, with a presidential signature to become law. Given the current political landscape and the bill's early stage, enactment is unlikely in the 119th Congress. Investors should monitor committee activity and any amendments that might broaden or narrow the bill's scope.
Key Legislators
Connected Signals
Matched on shared policy language across AI analyses, with ticker & timing weight
FREQUENTIS USA, INC: $594M Department of Transportation Contract
BREX Net Lease Data Center I DST
BREX Net Lease Data Center I DST
BREX Net Lease Data Center I DST
FREQUENTIS USA, INC: $282M Department of Transportation Contract
Andreessen Horowitz Fund X-B - AI Infrastructure, L.P.
Fusion Data Centers Inc.
To require that new and existing data centers use off-grid power and water supplies, and for other purposes.
Related Presidential Actions
Executive orders & memoranda affecting the same sectors or companies
Enhancing Program Integrity and Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program
This executive order directs the Secretaries of State, Labor, and Homeland Security to coordinate with Commerce, Education, and the SBA when processing H-1B petitions, and requires them to consider whether the employer has engaged in layoffs of similarly situated U.S. workers within the past year. It also orders the Labor Department to review past labor condition applications for potential enforcement actions against sponsoring employers, effectively tightening scrutiny on H-1B usage, especially by outsourcing firms.
Restriction on Entry of Certain Nonimmigrant Workers
This proclamation extends for an additional 12 months the existing restriction on entry of H-1B nonimmigrant workers, which requires a $100,000 payment per petition (with limited exceptions) and is supported by a DHS weighted selection process that prioritizes higher-skilled, higher-paid workers. The action continues to target IT staffing and outsourcing firms that have abused the program, and it maintains the requirement for ongoing rulemakings by DHS and DOL to further reform wage protections and program integrity.
RESTORING AMERICAN SALTWATER ANGLING AND RECREATION
This executive order directs federal agencies (primarily NOAA and the Department of Commerce) to shift fisheries management toward prioritizing recreational fishing over commercial interests by modernizing data collection, replacing outdated mail-in surveys with real-time mobile reporting, and allowing state-collected data to substitute for federal data when error rates are lower. It also mandates reviewing and potentially revising National Standards under the Magnuson-Stevens Act, rescinding regulations that restrict marine access, and launching pilot programs for iconic fisheries like Atlantic striped bass, with the goal of boosting the $1.2 trillion outdoor recreation sector.
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