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Code · BILL · 119th Congress · S. 4251 (Introduced in Senate) — To direct the Secretary of Commerce to establish a voluntary Mined in America Certification Program, to use Federal p... · Sec. 5

Sec. 5. Program eligibility for certified compute infrastructure projects

1,743 words·~8 min read·/bill/119/s/4251/is/section-5·

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Section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) ) is amended by adding at the end the following: Projects carried out by entities that are certified under section 4 of the Mined in America Act of 2026 and involve 1 or more of the following activities: The replacement of proof-of-work mining (as defined in section 3 of the Mined in America Act of 2026 ) hardware related to foreign adversaries (as defined in that section) with compute infrastructure that is manufactured in the United States or a friendly nation (as defined in that section), including equipment used for blockchain validation, artificial intelligence training, or high-efficiency data processing.
The conversion of an existing mining operation or data center into a grid-interactive or demand-responsive (as defined in section 3 of the Mined in America Act of 2026 ) computing facility that uses infrastructure manufactured in the United States or a friendly nation (as so defined). The deployment of computing systems that enable load shifting, flexible demand, or emissions reduction in coordination with a regional transmission organization, electric utility, or demand response (as defined in section 3 of the Mined in America Act of 2026 ) market. .
Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall issue rules to implement the amendment made by paragraph (1), including procedures for verifying the eligibility of projects described in paragraph
(14)of section 1703(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16513(b) ), establishing documentation requirements, coordinating with the Secretary to confirm certification status under section 4, and identifying any emissions or energy performance standards necessary to satisfy the objectives of title XVII of the Energy Policy Act of 2005 ( 42 U.S.C. 16511 et seq. ). Nothing in the amendment made by paragraph
(1)alters or waives any other requirement for project approval under section 1703 of the Energy Policy Act of 2005 ( 42 U.S.C. 16513 ). Section 1706(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16517(a) ) is amended— in paragraph (2), by striking or at the end; in paragraph (3), by striking the period at the end and inserting ; or ; and by adding at the end the following: are carried out by entities described in section 1703(b)(14) and involve— an activity described in subparagraph
(A)or
(B)of that section; or the repurposing of energy infrastructure previously used in connection with foreign manufactured crypto mining hardware into facilities that reduce net energy intensity, improve flexibility in load management, or provide computing for strategic industrial applications. . Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall issue rules to implement the amendment made by paragraph (1), including documentation requirements, technical criteria for demonstrating infrastructure conversion, emissions or energy performance metrics, and procedures for coordinating with the Secretary to confirm certification status under section 4. Nothing in the amendment made by paragraph
(1)alters or waives any other requirement for project approval under section 1706 of the Energy Policy Act of 2005 ( 42 U.S.C. 16517 ). Section 1306 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17386 ) is amended— in subsection (a), by striking of qualifying Smart Grid investments. and inserting the following: “of— qualifying smart grid investments; and projects for the deployment of Mined in America grid-interactive infrastructure. ; in subsection (b)— by redesignating paragraphs
(1)through
(14)as clauses
(i)through (xiv), respectively, and indenting appropriately; and by striking the subsection designation and heading and all that follows through include in the matter preceding clause
(i)(as so redesignated) and inserting the following: In this section: The terms demand response and demand-responsive have the meaning given the terms in section 3 of the Mined in America Act of 2026 . The term friendly nation has the meaning given the term in section 3 of the Mined in America Act of 2026 . The term grid-responsive infrastructure includes hardware, software, and control systems that support 1 or more of the following functions: Load curtailment or flexible demand response in coordination with a grid operator, electric utility, or demand response provider. Integration of localized energy storage, smart metering, or real-time load control technologies that reduce peak demand or improve grid reliability. Cybersecurity protections to safeguard grid-facing compute infrastructure, including systems used to manage energy telemetry, remote access, or distributed power systems. The term Mined in America grid-interactive infrastructure means grid-responsive infrastructure that— is manufactured in the United States; and is or will be deployed at a facility— located in the United States or a friendly nation; the owners and operators of which are certified under section 4 of the Mined in America Act of 2026 ; and that is engaged in— proof-of-work mining operations using compute infrastructure manufactured in the United States or a friendly nation; or artificial intelligence training or inference using compute infrastructure manufactured in the United States or a friendly nation. The term proof-of-work mining has the meaning given the term in section 3 of the Mined in America Act of 2026 . The term qualifying smart grid investment includes ; in subsection (c)— in paragraph (3), by striking Smart Grid Information Standard under section 1307 (paragraph
(17)of section 111(d) of the Public Utility Regulatory Policies Act of 1978) and inserting smart grid information standard under paragraph
(19)of section 111(d) of the Public Utility Regulatory Policies Act of 1978 ( ; 42 U.S.C. 2621(d) ) in paragraph (9), by striking Qualifying Smart Grid Investments and inserting qualifying smart grid investments ; by redesignating paragraphs
(1)through
(9)as clauses
(i)through (ix), respectively, and indenting appropriately; and by striking the subsection designation and heading and all that follows through do not include in the matter preceding clause
(i)(as so redesignated) and inserting the following: The term qualifying smart grid investment does not include ; in subsection (d)— by redesignating paragraphs
(1)through
(16)as clauses
(i)through (xvi), respectively, and indenting appropriately; and by striking the subsection designation and heading and all that follows through means in the matter preceding clause
(i)(as so redesignated) and inserting the following: The term smart grid function means ; in subsection (e)— in paragraph (1)— by striking
(1)The Secretary shall and all that follows through proposals— in the matter preceding subparagraph
(A)and inserting the following: The Secretary shall— ; by indenting subparagraphs
(A)through
(E)appropriately; in subparagraph (C), by striking investments, and and inserting investments or Mined in America grid-interactive infrastructure, and, if applicable, ; and in subparagraph (D), by striking investments which have received grants and inserting investments and Mined in America grid-interactive infrastructure for which grants have been provided ; and in paragraph (2), by striking
(2)The Secretary and inserting the following: The Secretary ; in subsections
(b)through (e), by striking Smart Grid each place it appears and inserting smart grid ; in subsection (f), by striking for fiscal years 2008 through 2012 ; by redesignating subsections (a), (b), (e), and
(f)as subsections (b), (a), (c), and (e), respectively, and moving the subsections so as to appear in alphabetical order; and by inserting after subsection
(c)(as so redesignated) the following: Not later than 180 days after the date of enactment of the Mined in America Act of 2026 , the Secretary shall issue guidance relating to the provision of grants under this section for projects for the deployment of Mined in America grid-interactive infrastructure. The guidance issued under paragraph
(1)shall— identify Mined in America grid-interactive infrastructure for which a grant provided under this subsection may be used; and establish procedures for verifying the certification of the owners and operators of the applicable facility under section 4 of the Mined in America Act of 2026 , in coordination with the Secretary of Commerce. . Nothing in this subsection or an amendment made by this subsection waives, or may be construed to waive, any cost-share, technical, or emissions performance requirement applicable to a grant awarded under section 1306 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17386 ). Section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ) is amended— in subsection (a)— in paragraph (2), by striking the period at the end and inserting ; and ; by redesignating paragraphs
(1)and
(2)as subparagraphs
(A)and (B), respectively, and indenting appropriately; in the matter preceding subparagraph
(A)(as so redesignated), by striking for agricultural producers and inserting the following: “for— agricultural producers ; and by adding at the end the following: compute-focused entities through grants and loan guarantees, in accordance with subsection (d). ; be redesignating subsections
(d)through
(f)as subsections
(e)through (g), respectively; by striking subsection
(f)each place it appears and inserting subsection
(g); and by inserting after subsection
(c)the following: The Secretary shall make grants and loan guarantees to eligible entities described in paragraph
(2)to carry out projects described in paragraph (3). An eligible entity under this subsection is an entity that— is certified under section 4 of the Mined in America Act of 2026 ; and is located in a rural area. A project referred to in paragraph
(1)shall involve 1 or more of the following activities: The deployment of energy storage, load control systems, or demand-responsive compute infrastructure that enables the eligible entity to curtail load, shift demand, or otherwise contribute to local grid reliability. The support of the retention or creation of employment in a rural area through the operation or expansion of a certified compute facility. On-site renewable energy generation or emissions-reducing technology that supports energy efficiency or peak-load mitigation. An eligible entity under paragraph
(2)receiving assistance under this subsection shall employ at least 1 individual who resides within the county or equivalent jurisdiction in which the project is located. . Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall issue guidance on implementing the amendment made by paragraph (1), including procedures for verifying local employment and coordinating with the Secretary to confirm certification status under section 4. Nothing in the amendment made by paragraph
(1)alters or waives any requirement of the program under section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 ).
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  • 42 USC 2621(d)
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Sec. 5
Program eligibility for certified compute infrastructure projects
Cite42 USC 2621(d)
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