[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6179 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6179
To amend the Clean Air Act to establish requirements on the collection
of electricity consumption data and emissions standards for servers and
other computing equipment used for cryptocurrency mining, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 20, 2025
Mr. Cohen (for himself, Ms. Castor of Florida, Ms. Dean of
Pennsylvania, Mr. Goldman of New York, Ms. Jayapal, Ms. Morrison, Ms.
Norton, and Mr. Quigley) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Clean Air Act to establish requirements on the collection
of electricity consumption data and emissions standards for servers and
other computing equipment used for cryptocurrency mining, 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 ``Clean Cloud Act of 2025''.
SEC. 2. FINDINGS.
Congress finds that--
(1) data centers are estimated to account for
approximately--
(A) 1 percent of global electricity demand; and
(B) 4 percent of United States electricity use;
(2) the growing demand for information technology and
artificial intelligence will increase the demand for data
center services;
(3) the global COVID-19 pandemic has further increased the
demand described in paragraph (2) beyond previous projections;
(4) data centers are projected to account for up to 12
percent of United States electricity use by 2028;
(5) future electricity consumption and efficiency trends
will be determined by management practices, demand for
services, and adoption of efficient technologies;
(6) proof-of-work cryptocurrencies are by design an
increasingly energy intensive process;
(7) studies estimate that--
(A) the total network hashrate for Bitcoin mining
in the United States has increased 739 percent between
September 2020 and January 2022; and
(B) as of July 2021, the greatest share of Bitcoin
mining occurs in the United States;
(8) there is a lack of transparency regarding the energy
sources used to power domestic cryptomining and many data
center operations; and
(9) retired and retiring fossil fuel plants in the United
States are being brought back online to power cryptomining
facilities and data centers, which increases associated carbon
emissions.
SEC. 3. EMISSIONS FROM POWER CONSUMPTION OF DATA CENTERS AND
CRYPTOMINING FACILITIES.
Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is
amended by adding at the end the following:
``SEC. 139. EMISSIONS FROM POWER CONSUMPTION OF DATA CENTERS AND
CRYPTOMINING FACILITIES.
``(a) Definitions.--In this section:
``(1) Covered facility.--The term `covered facility' means
a data center or cryptomining facility that has more than 100
kilowatts of installed information technology nameplate power.
``(2) Cryptomining facility.--The term `cryptomining
facility' means a facility used to mine or create
cryptocurrencies or other blockchain based digital assets,
which may be--
``(A) a freestanding structure; or
``(B) a facility within a larger structure that
uses environmental control equipment to maintain the
proper conditions for the operation of electronic
equipment.
``(3) 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)).
``(4) Electric utility.--The term `electric utility' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
``(5) Region.--The term `region' means a geographic region
described in the National Transmission Needs Study of the
Department of Energy, dated October 30, 2023.
``(b) Annual Data Collection of Energy Consumption of Data Centers
and Cryptomining Facilities.--
``(1) In general.--The Administrator, in conjunction with
the Administrator of the Energy Information Administration,
shall annually collect--
``(A) the information described in paragraph (2)
from the owners of covered facilities, including
federally owned data centers located within the United
States and territories of the United States; and
``(B) the information described in paragraph (3)
from the electric utilities that serve covered
facilities.
``(2) Information described for covered facilities.--The
information referred to in paragraph (1)(A), with respect to a
covered facility, is--
``(A) the location of the covered facility,
including in which balancing authority area the covered
facility is located;
``(B) whether the covered facility is a data center
or a cryptomining facility;
``(C) the owner of the covered facility;
``(D) the electric utility, if any, that provides
power to the covered facility;
``(E) the total annual electricity consumption of
the covered facility;
``(F) the total annual electricity consumed by the
covered facility from electricity generation assets
located behind the power meter of the covered facility;
``(G) subject to paragraph (5), the percentage of
electricity consumed annually by the covered facility
from electricity generation assets located behind the
power meter of the covered facility that is generated
from wind, solar, hydropower, nuclear, coal, gas, and
any other power source;
``(H) the terms of any power purchase agreements or
other contractual mechanisms for procuring power from
an electricity generator that the covered facility is
party to; and
``(I) any other relevant information, as reasonably
determined by the Administrator and the Administrator
of the Energy Information Administration.
``(3) Information described for electric utilities.--The
information referred to in paragraph (1)(B), with respect to
each covered facility served by an electric utility, is--
``(A) the total annual electricity consumed by the
covered facility from the electric grid;
``(B) subject to paragraph (4), the percentage of
electricity consumed annually by the covered facility
from the electric grid that is generated from wind,
solar, hydropower, nuclear, coal, gas, and any other
power source;
``(C) the rates charged by the electric utility for
each class of electric consumer for the current year
and each of the 3 prior years; and
``(D) any other relevant information, as reasonably
determined by the Administrator and the Administrator
of the Energy Information Administration.
``(4) Electricity consumed from the electric grid.--For
purposes of collecting the information described in paragraph
(3)(B) with respect to a covered facility--
``(A) the Administrator, in conjunction with the
Administrator of the Energy Information Administration,
shall consider the average resource mix of the electric
utilities that serve the covered facility to be the
resource mix for the portion of electricity consumed
annually from the electric grid by a covered facility
that is not described in subparagraph (B); and
``(B) if the covered facility or the owner of the
covered facility is party to a power purchase agreement
or other contractual mechanism for procuring power from
an electricity generation asset (such as the voluntary
higher rate described in subsection
(c)(4)(C)(iii)(I)(aa)), or purchases and retires energy
attribute certificates, the Administrator, in
conjunction with the Administrator of the Energy
Information Administration, shall consider the
electricity generation represented by those instruments
as part of the electricity consumed annually by the
covered facility from the electric grid only if the
owner of the covered facility can demonstrate that--
``(i)(I) the electricity generation asset
began commercial operations not more than 36
months before the date on which operations
began at the covered facility;
``(II) the electricity generation asset
would otherwise be retired and the retirement
could not be prevented by the use of existing
public funding programs;
``(III) the electricity provided by the
electricity generation asset would otherwise be
curtailed;
``(IV) the power that the electricity
generation asset provides to the covered
facility resulted from an uprate that occurred
not more than 36 months before the date on
which operations began at the covered facility;
``(V) the power purchase agreement or other
contractual mechanism was finalized before the
date of enactment of this section; or
``(VI)(aa) the electricity generation asset
has undergone or will undergo a retrofit that
reduces the greenhouse emissions intensity of
the electricity generation asset, expressed in
terms of metric tons of carbon dioxide-
equivalent of greenhouse gases per kilowatt-
hour, by not less than 75 percent, as compared
to before the retrofit; and
``(bb) the retrofit otherwise would not
have occurred, even after the use of existing
public funding programs, without the power
purchase agreement or other contractual
mechanism;
``(ii) the electricity is generated--
``(I) in the same calendar year as
the electricity is consumed by the
covered facility, in the case of
electricity that is generated before
January 1, 2028; and
``(II) in the same hour as the
electricity is consumed by the covered
facility or an energy storage asset
that serves the covered facility, in
the case of electricity that is
generated after December 31, 2027;
``(iii)(I) the electricity generation asset
that produced the electricity is electrically
interconnected to a balancing authority located
in the same region as the covered facility; or
``(II) the owner of the electricity
generation asset can demonstrate that the power
produced by the electricity generation asset is
physically delivered to the covered facility,
as determined by the Administrator, in
coordination with the Secretary of Energy; and
``(iv) the electricity generation
represented by the power purchase agreement or
other contractual mechanism for procuring power
from an electricity generation asset are
claimed exclusively by the covered facility
through the retirement of an equivalent
quantity of energy attribute certificates.
``(5) Electricity consumed from assets behind the meter.--
For purposes of collecting the information described in
paragraph (2)(G) with respect to a covered facility--
``(A) the Administrator, in conjunction with the
Administrator of the Energy Information Administration,
shall consider the average resource mix of the electric
utilities that serve the covered facility to be the
resource mix for the portion of electricity consumed
annually by the covered facility from electricity
generation assets located behind the power meter of a
covered facility that is not described in subparagraph
(B); and
``(B) the Administrator, in conjunction with the
Administrator of the Energy Information Administration,
shall consider the electricity generated by electricity
generation assets located behind the power meter of the
covered facility as part of the electricity consumed
annually by the covered facility from electricity
generation assets located behind the power meter of the
covered facility only if--
``(i) the owner of the covered facility can
demonstrate that--
``(I) the electricity generation
asset began operations not more than 36
months before the date on which
operations began at the covered
facility; or
``(II) the electricity generation
asset would otherwise be retired and
the retirement could not be prevented
by the use of existing public funding
programs; or
``(ii) the Administrator determines that
the greenhouse gas emissions intensity,
expressed in terms of metric tons of carbon
dioxide-equivalent of greenhouse gases per
kilowatt-hour, of the electricity generation
asset is higher than the greenhouse gas
emissions intensity of the electric utilities
that serve the covered facility, based on the
average resource mix of those electric
utilities.
``(6) Greenhouse gas emissions intensity.--Based on the
information collected under paragraph (1), for each covered
facility, the Administrator shall determine the greenhouse gas
emission intensity, expressed in terms of metric tons of carbon
dioxide-equivalent of greenhouse gases per kilowatt-hour, of--
``(A) the total annual electricity consumed by the
covered facility from the electric grid; and
``(B) the total annual electricity consumed by the
covered facility from electricity generation assets
located behind the power meter of the covered facility.
``(7) Publicly available.--The Administrator shall make
publicly available on an annual basis--
``(A) for each covered facility--
``(i) the information described in each of
subparagraphs (A), (B), (C), and (D) of
paragraph (2);
``(ii) the percent of electricity consumed
annually by the covered facility that is
generated from wind, solar, hydropower,
nuclear, coal, gas, and any other power source;
and
``(iii) the greenhouse gas emissions
intensity of the total annual electricity
consumed by the covered facility, as determined
under paragraph (6); and
``(B) for each owner of a covered facility, the
aggregate annual electricity consumption of all covered
facilities owned by that owner.
``(8) Confidential business information.--
``(A) In general.--Except as provided in
subparagraph (B), of the information collected under
paragraph (1), the Administrator and the Administrator
of the Energy Information Administration shall treat
the information described in each of subparagraphs (E)
and (F) of paragraph (2) and subparagraph (A) of
paragraph (3) as confidential business information.
``(B) Exception.--Subparagraph (A) does not apply
to information that is required to be made publicly
available pursuant to paragraph (7)(C).
``(c) Emissions Performance Standard.--
``(1) Definitions.--In this subsection:
``(A) Baseline.--The term `baseline', with respect
to a covered facility in a calendar year, means the
baseline of the region the covered facility is located
in for that calendar year as determined under paragraph
(2).
``(B) Greenhouse gas.--
``(i) In general.--The term `greenhouse
gas' means the air pollutants carbon dioxide,
any hydrofluorocarbon, methane, nitrous oxide,
any perfluorocarbon, and sulfur hexafluoride.
``(ii) Global warming potential.--For
purposes of the term `methane' in clause (i),
the Administrator shall use the 20-year global
warming potential of methane, as determined in
accordance with the Sixth Assessment Report of
the Intergovernmental Panel on Climate Change.
``(2) Determination of baseline.--
``(A) Publication of baseline.--Not later than
December 31, 2025, the Administrator shall determine
and publish in the Federal Register the greenhouse gas
emissions intensities of the electric grid of each
region, expressed in terms of metric tons of carbon
dioxide-equivalent of greenhouse gases per kilowatt-
hour.
``(B) Initial baseline.--For purposes of calendar
year 2026, the baseline of each region shall be the
baseline of that region published under subparagraph
(A).
``(C) Baselines through 2034.--For each of calendar
years 2027 through 2034, the baseline of each region
for that calendar year shall be determined by reducing
the baseline from the previous calendar year by 11
percent of the baseline of that region for calendar
year 2026.
``(D) Baseline in 2035 and thereafter.--For
calendar year 2035 and each calendar year thereafter,
the baseline for each region shall be 0 metric tons of
carbon dioxide-equivalent of greenhouse gases per
kilowatt-hour.
``(3) Assessment of fees.--
``(A) Fee on utilities.--
``(i) Imposition of fee on utilities.--
Beginning on January 1, 2026, the Administrator
shall, in accordance with this subparagraph and
using the information collected under
subsection (b) but subject to subparagraphs (C)
and (D), assess on the owner of any electric
utility providing power to a covered facility a
fee with respect to the greenhouse gas
emissions of the electricity consumed by the
covered facility from the electric grid above
the baseline of the region the covered facility
is located in for that calendar year.
``(ii) Amount of fee.--The amount of a fee
assessed under clause (i) with respect to an
electric utility for a calendar year shall be
the sum obtained by adding, for each covered
facility served by the electric utility, the
product (rounded to the nearest dollar)
obtained by multiplying--
``(I) the total electricity
consumed by the covered facility from
the electric grid during the calendar
year, as expressed in kilowatt-hours;
``(II) subject to clause (iii),
$20; and
``(III) the amount, if any, that
the greenhouse gas emissions intensity
of the electricity consumed by the
covered facility from the electric
grid, expressed in terms of metric tons
of carbon dioxide-equivalent of
greenhouse gases per kilowatt-hour,
exceeds the baseline of the region the
covered facility is located in for the
calendar year.
``(iii) Fee adjustment.--Beginning in
calendar year 2027, the Administrator shall
annually increase the amount described in
clause (ii)(II) by the sum obtained by adding--
``(I) the product obtained by
multiplying--
``(aa) the applicable
amount under clause (ii)(II)
during the previous calendar
year; and
``(bb) the rate of
inflation, as determined by the
Administrator using the changes
for the 12-month period ending
the preceding November 30 in
the Consumer Price Index for
All Urban Consumers published
by the Bureau of Labor
Statistics of the Department of
Labor; and
``(II) $10.
``(iv) Notification of fee amount.--Not
later than January 31, 2027, and not later than
January 31 of each calendar year thereafter,
the Administrator shall notify--
``(I) the owner of each electric
utility subject to a fee under clause
(i) of the amount of the fee that is
assessed with respect to the electric
utility for the previous calendar year
under clause (i); and
``(II) the owner of each covered
facility of the total amount of any fee
assessed for the previous calendar year
under clause (i) that is attributable,
pursuant to clause (ii), to the
electricity consumed by the covered
facility.
``(v) Remittance of fee amount.--A fee
assessed under clause (i) for a calendar year
shall be due and payable to the Administrator
not later than March 31 of the calendar year
after the calendar year for which the fee is
assessed.
``(vi) Pass-through limitation.--
``(I) In general.--Any electric
utility assessed a fee under clause (i)
may not recoup the cost of the fee by
raising rates or assessing fees on any
customer that is not a covered
facility.
``(II) Monitoring compliance.--The
Administrator, in conjunction with the
Administrator of the Energy Information
Administration, shall use the best
available data, including the
information collected pursuant to
subsection (b)(1)(B) and described in
subsection (b)(3)(C), to monitor the
compliance of electric utilities with
subclause (I).
``(III) Penalty.--If the
Administrator, in conjunction with the
Administrator of the Energy Information
Administration, determines that an
electric utility has violated subclause
(I), the Administrator shall assess a
fine on the electric utility in an
amount equal to 2 times the amount
recouped by the electric utility, as
described in subclause (I), from
customers that are not covered
facilities.
``(B) Fee on covered facilities.--
``(i) Imposition of fee on covered
facilities.--Beginning on January 1, 2026, the
Administrator shall, in accordance with this
subparagraph and using the information
collected under subsection (b) but subject to
subparagraphs (C) and (D), assess on the owner
of any covered facility a fee with respect to
the greenhouse gas emissions of the electricity
consumed by the covered facility from
electricity generation assets located behind
the power meter of the covered facility above
the baseline of the region the covered facility
is located in for that calendar year.
``(ii) Amount of fee.--The amount of a fee
assessed under clause (i) with respect to a
covered facility for a calendar year shall be
the product (rounded to the nearest dollar)
obtained by multiplying--
``(I) the total electricity
consumed by the covered facility from
electricity generation assets located
behind the power meter of the covered
facility during the calendar year, as
expressed in kilowatt-hours;
``(II) subject to clause (iii),
$20; and
``(III) the amount, if any, that
the greenhouse gas emissions intensity
of the electricity consumed by the
covered facility from electricity
generation assets located behind the
power meter of the covered facility,
expressed in terms of metric tons of
carbon dioxide-equivalent of greenhouse
gases per kilowatt-hour, exceeds the
baseline of the region the covered
facility is located in for the calendar
year.
``(iii) Fee adjustment.--Beginning in
calendar year 2027, the Administrator shall
annually increase the amount described in
clause (ii)(II) by the sum obtained by adding--
``(I) the product obtained by
multiplying--
``(aa) the applicable
amount under clause (ii)(II)
during the previous calendar
year; and
``(bb) the rate of
inflation, as determined by the
Administrator using the changes
for the 12-month period ending
the preceding November 30 in
the Consumer Price Index for
All Urban Consumers published
by the Bureau of Labor
Statistics of the Department of
Labor; and
``(II) $10.
``(iv) Notification of fee amount.--Not
later than January 31, 2027, and not later than
January 31 of each calendar year thereafter,
the Administrator shall notify the owner of
each covered facility the amount of the fee
that is assessed with respect to the covered
facility for the previous calendar year under
clause (i).
``(v) Remittance of fee amount.--A fee
assessed under clause (i) for a calendar year
shall be due and payable to the Administrator
not later than March 31 of the calendar year
after the calendar year for which the fee is
assessed.
``(C) Applicability to zero-carbon electricity
generation assets.--This paragraph shall not apply to a
covered facility if the Administrator, in conjunction
with the Administrator of the Energy Information
Administration, determines, pursuant to the information
collected under subsection (b), that the covered
facility is powered entirely by zero-carbon electricity
generation assets during all hours of the operation of
the covered facility.
``(D) Alternative baseline.--If the Administrator
determines at any point that the greenhouse gas
emissions intensity of the electric grid of any region
falls below the baseline of that region, during the
period beginning on the date of that determination and
ending on the date on which the Administrator
determines that the determination is no longer
applicable, subparagraphs (A) and (B) shall be applied
to covered facilities located in that region by
substituting `greenhouse gas emissions intensity of the
electric grid' for `baseline'.
``(4) Use of funds.--
``(A) Administration.--For fiscal year 2028 and
each fiscal year thereafter, there are appropriated,
out of any funds in the Treasury not otherwise
appropriated, to the Administrator an amount equal to 3
percent of the amounts collected pursuant to fees and
penalties assessed under paragraph (3) during the
previous calendar year to support the administration of
the reporting program under subsection (b) and the
assessment of the fees and penalties under this
subsection.
``(B) Consumer energy costs.--For fiscal year 2028
and each fiscal year thereafter, there are
appropriated, out of any funds in the Treasury not
otherwise appropriated, to the Administrator an amount
equal to 25 percent of the amounts collected pursuant
to fees and penalties assessed under paragraph (3)
during the previous calendar year to award grants to
States, Indian Tribes, municipalities, and electric
utilities to support programs that lower residential
electricity consumer energy costs, such as through
energy use savings or direct rebates, to offset cost
increases resulting from increased data center
electricity consumption.
``(C) Clean firm grants.--
``(i) In general.--For fiscal year 2028 and
each fiscal year thereafter, there are
appropriated, out of any funds in the Treasury
not otherwise appropriated, to the
Administrator an amount equal to 70 percent of
the amounts collected pursuant to fees and
penalties assessed under paragraph (3) during
the previous calendar year to award to eligible
entities, as determined by the Administrator,
grants, rebates, advanced market commitments,
or low-interest loans, as determined
appropriate by the Administrator, for the
research, development, demonstration, and
deployment of--
``(I) zero-carbon electricity
generation assets that are capable of
generating electricity throughout the
year, with the exception of planned
outages for maintenance, refueling, or
retrofits, at capacity factors greater
than 70 percent; or
``(II) long-duration energy storage
assets that are capable of continuously
discharging energy at their rated power
output for at least 10 hours.
``(ii) Application.--An eligible entity
seeking an award under clause (i) shall submit
to the Administrator an application at such
time, in such manner, and containing such
information as the Administrator may require.
``(iii) Certification and clawback.--
``(I) Certification.--An eligible
entity that receives an award under
clause (i) for the purpose of financing
the construction or operation of an
electricity generation asset or energy
storage asset shall certify that any
electric utility selling or contracted
to sell electricity generated or stored
by the asset shall--
``(aa) not later than 2
years after the date on which
the eligible entity receives
the award, allow the customers
of the electric utility to
voluntarily pay a higher rate
for the purchase of electricity
service that is sourced from
zero-carbon electricity
generation assets, including
long-duration energy storage
assets charged by zero-carbon
electricity, in all hours of
the year; and
``(bb) exclusively use the
additional amounts collected
pursuant to those higher rates
to support the financing,
development, or acquisition
of--
``(AA) zero-carbon
electricity generation
assets that are capable
of generating
electricity throughout
the year, with the
exception of planned
outages for
maintenance, refueling,
or retrofits, at
capacity factors
greater than 70
percent; or
``(BB) long-
duration energy storage
assets that are capable
of continuously
discharging energy at
their rated power
output for at least 10
hours.
``(II) Clawback.--If the
Administrator determines that a
recipient of an award described in
subclause (I) has violated the
certification required under that
subclause, the Administrator shall seek
reimbursement of the full amount of the
award from the recipient.
``(d) Applicability to Leased Facilities.--For purposes of this
section--
``(1) if a covered facility is leased to a tenant, the
tenant shall be considered the owner of the facility; and
``(2) if a portion of a covered facility is leased to a
tenant and the leased space also meets the requirements
described in subsection (a)(1)--
``(A) the leased space shall be considered to be a
separate covered facility from the rest of the larger
facility; and
``(B) the tenant shall be considered the owner of
the covered facility that comprises the leased
space.''.
SEC. 4. SEVERABILITY.
If any provision of this Act, an 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 by the holding.
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