RECLAIM Act

Bernie Moreno

Republican · OH · Senator

Source: Congress.gov · FEC

No cosponsors on record. Bills can pass without cosponsors — this often means the sponsor introduced the bill alone, either because it's a messaging bill, a chairman's mark, or simply early in the legislative cycle.

Under authority of the order of the Senate of September 30, 2026, ordered read twice and referred to the Committee on Finance.

2026-10-15

Source: Congress.gov

Plain-English summary pending. Introduced on 2026-10-15. Check back soon — summaries are generated as bills progress through Congress.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [S. 5689 Introduced in Senate (IS)] <DOC> 119th CONGRESS 2d Session S. 5689 To prohibit Federal and State incentives for the development or commercial operations of data centers. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES October 15, 2026 Mr. Moreno, under authority of the order of the Senate of September 30, 2026, introduced the following bill; which was ordered read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To prohibit Federal and State incentives for the development or commercial operations of data centers. 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 ``Recapturing Excessive Corporate Largesse through Accountability and Incentive Measures Act'' or the ``RECLAIM Act''. SEC. 2. PROHIBITION ON INCENTIVES FOR COVERED DATA CENTERS. (a) No Federal Incentives.--A covered data center (as defined in section 5000E(b) of the Internal Revenue Code of 1986, as added by subsection (b)) shall not be eligible for any Federal grant, loan, loan guarantee, cooperative agreement, tax credit or deduction, exclusion, exemption, abatement, or other form of Federal financial assistance or tax incentive for the development or commercial operations of such covered data center. (b) Excise Tax on Prohibited State and Local Incentives.-- (1) In general.--Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: ``CHAPTER 50B--PROHIBITED STATE AND LOCAL INCENTIVES FOR DATA CENTERS ``Sec. 5000E. Prohibited state and local incentives for data centers. ``SEC. 5000E. PROHIBITED STATE AND LOCAL INCENTIVES FOR DATA CENTERS. ``(a) In General.--In the case of any covered data center, there is imposed a tax in an amount equal to 100 percent of the amount of any prohibited State or local incentive received by the data center operator during the taxable year with respect to such data center. ``(b) Definitions.--In this section-- ``(1) 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). ``(2) Covered data center.-- ``(A) In general.--Subject to subparagraph (B), the term `covered data center' means any facility or integrated campus of facilities-- ``(i) that has or is designed to have a contracted peak power demand of not less than 100 megawatts, and ``(ii) within which not less than 50 percent of the installed compute accelerators are AI accelerator chips attributed to artificial intelligence training, fine-tuning, or inference. ``(B) Regulations.-- ``(i) In general.--Not later than 1 year after the date of enactment of this section, the Secretary (in conjunction with the Secretary of Commerce) shall promulgate regulations that define the term `AI accelerator chip' for purposes of subparagraph (A)(ii). ``(ii) Required considerations.--In promulgating the regulations required under clause (i), the Secretary (in conjunction with the Secretary of Commerce) shall consider whether the definition of the term `AI accelerator chip' should include graphics processing units, tensor processing units, application-specific integrated circuits, and other semiconductor devices designed primarily for artificial intelligence training or inference. ``(iii) Adjustments.--The Secretary (in conjunction with the Secretary of Commerce) may promulgate regulations-- ``(I) adjusting the thresholds described in clauses (i) and (ii) of subparagraph (A) for high-density facilities optimized for artificial intelligence, and ``(II) excluding de minimis computing sites sitting on the edge of those thresholds. ``(3) Data center operator.--The term `data center operator' means the person that enjoys the economic benefits from, and bears a majority of the economic burdens related to, ownership of the covered data center. ``(4) Prohibited state or…

local incentive.--The term `prohibited State or local incentive' means any State or local grant, loan, loan guarantee, cooperative agreement, tax credit or deduction, exclusion, exemption, abatement, or other form of State or local financial assistance or tax incentive for the development or commercial operations of a covered data center. ``(c) Regulations and Guidance.--Not later than the date that is 12 months after the date of enactment of this section, the Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including any regulations or guidance for purposes of-- ``(1) determining the value of any prohibited State or local incentive, ``(2) coordinating the tax imposed under subsection (a) with any other relevant Federal tax liability associated with a covered data center, including rules to prevent double taxation or double counting with respect to any prohibited State or local incentive, and ``(3) the timing of recognition of a prohibited State or local incentive as received, including rules addressing incentives received in installments or contingent on future performance.''. (2) Clerical amendment.--The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by inserting after the item relating to chapter 50A the following new item: ``Chapter 50B--Prohibited State and Local Incentives for Data Centers''. (c) Sense of Congress.--It is the sense of Congress that States and political subdivisions thereof should promptly repeal or reform any tax incentive programs that are specific to data centers in order to restore tax neutrality, protect public revenues, and eliminate distortions in business location decisions that disadvantage domestic manufacturing and other job-creating investments. (d) Effective Dates.--The provisions of this section, and any amendment to the Internal Revenue Code of 1986 made by this section, shall take effect on the day after the date on which final regulations are issued by the Secretary pursuant to section 5000E(c) of the Internal Revenue Code of 1986 (as added by subsection (b)). SEC. 3. SEVERABILITY. If any provision of this Act or amendment made by this Act or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. <all>

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