H.R. 6179

[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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