“Big Tech companies are getting major tax breaks they don’t need to build data centers communities do not want. We must close the loophole immediately,” said Senator Hawley . “I’m introducing the No Tax Breaks for Data Centers Act to ensure Big Tech companies don’t get tax breaks to build data centers on farmland.” The No Tax Breaks for Data Centers Act will: Exclude data centers from the definitions of qualifying opportunity zone businesses and qualifying opportunity zone property, thus disallowing taxpayers from using the beneficial tax treatment of the Opportunity Zone program to invest in the purchase or construction of a data center. Preserve the Opportunity Zone tax incentive program for all other eligible opportunity zone businesses and property.
Support and work to pass legislation that excludes data centers from Opportunity Zone tax benefits while preserving the Opportunity Zone incentive program for other eligible businesses and property.
Occurrences
Evidence
verified · Source version 62606 · locator 1858
Exclude data centers from the definitions of qualifying opportunity zone businesses and qualifying opportunity zone property
verified · Source version 74552 · locator 52
To amend the Internal Revenue Code of 1986 to exclude data centers from the definition of qualified opportunity zone businesses.
unverified · Source version 74554 · locator unknown
By Mr. HAWLEY: S. 5418. A bill to amend the Internal Revenue Code of 1986 to exclude data centers
unverified · Source version 74556 · locator unknown
Action: 2026-09-16 - Read twice and referred to the Committee on Finance.
Assessments
The verified commitment promised work on legislation to exclude data centers from Opportunity Zone tax benefits while preserving the program for other eligible uses. Verified evidence shows the proposed legislation would exclude data centers from qualifying Opportunity Zone business/property treatment, but the verified passages do not show enactment or that the tax-code outcome has taken effect. Because documented effort without enactment does not fulfill an outcome promise and no deadline has expired, the status is unresolved rather than delivered or partial.