[Congressional Record Volume 172, Number 114 (Tuesday, July 14, 2026)]
[Senate]
[Pages S3958-S3961]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6689. Mr. CASSIDY (for himself, Ms. Lummis, and Mrs. Blackburn)
submitted an amendment intended to be proposed by him to the bill S.
4784, to authorize appropriations for fiscal year 2027 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Mined in America Act
SEC. 1094. SHORT TITLE.
This subtitle may be cited as the ``Mined in America Act of
2026''.
SEC. 1095. FINDINGS; PURPOSE.
(a) Findings.--Congress finds that--
(1) blockchain and digital asset technologies serve an
essential role in the future economic, technological, and
strategic interests of the United States, as reflected in
official statements from the President, bipartisan action in
Congress, and recent legislation establishing oversight and
regulatory frameworks for digital assets;
(2) Bitcoin is the original digital asset, has operated
through an open, decentralized network with no central
authority for more than 15 years, and continues to
demonstrate technical resilience, economic relevance, and
functional independence;
(3) the establishment and management of a strategic reserve
of Bitcoin by the Federal Government reinforces the
continuing role in the national interest and the important
long-term strategic value of Bitcoin;
(4) the reliability of the Bitcoin blockchain depends on a
decentralized validation process and a globally distributed
infrastructure, but a substantial portion of mining hardware
currently in use is manufactured by companies related to
foreign adversaries, creating national security and
operational integrity risks;
(5) the ability of the United States to lead in Bitcoin and
digital asset innovation requires that critical blockchain
infrastructure, including mining hardware and consensus
software, be developed, operated, and maintained within the
United States, or friendly nations, and free from control by
entities related to foreign adversaries;
(6) Bitcoin mining operators in the United States have
contributed materially to domestic artificial intelligence
capabilities by converting existing facilities and
infrastructure to support machine learning, inference, and
high-density compute operations; and
(7) the replacement of mining hardware related to foreign
adversaries with compute infrastructure manufactured in the
United States, or friendly nations, is a necessary national
objective.
(b) Purpose.--The purpose of this subtitle is to facilitate
the objective described in subsection (a)(7) through the use
of existing Federal programs and authorities.
SEC. 1096. DEFINITIONS.
In this subtitle:
(1) Certification program.--The term ``certification
program'' means the Mined in America Certification Program
established under section 1097(a).
(2) Demand response; demand-responsive.--The terms ``demand
response'' and ``demand-responsive'' mean the capability of a
facility, including a distributed energy system or
controllable load, to adjust electricity consumption in
response to price signals, grid reliability needs, or market
incentives to enhance grid efficiency and resilience.
(3) Foreign adversary.--The term ``foreign adversary'' has
the meaning given the term ``covered nation'' in section
4872(f) of title 10, United States Code.
(4) Friendly nation.--The term ``friendly nation'' means a
foreign country that--
(A) is not a foreign adversary; and
(B) the Secretary of State designates as an ally or partner
of the United States for purposes of this subtitle.
(5) High-density compute.--The term ``high-density
compute'' means a computational operation or facility
characterized by high power density and intensive processing
workloads, including those used for artificial intelligence
training, inference, blockchain validation, advanced data
processing, and other energy intensive compute tasks.
(6) Mining facility.--The term ``mining facility'' means a
physical site that houses and operates specialized computer
hardware for the purpose of performing proof-of-work mining,
including associated power, cooling, and network
infrastructure.
(7) Mining pool.--The term ``mining pool'' means a group of
participants in a proof-of-work mining network that--
(A) combine their computational resources over a network to
increase the probability of validating a block; and
(B) share any resulting rewards in proportion to the
contributed hash power of each participant.
(8) Proof-of-work mining.--The term ``proof-of-work
mining'' means the operation of specialized hardware or
computing systems to validate transactions and secure
decentralized blockchain networks by solving cryptographic
puzzles, resulting in the issuance of new units of a digital
asset as a reward.
(9) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
SEC. 1097. MINED IN AMERICA CERTIFICATION PROGRAM.
(a) Establishment.--
(1) In general.--The Secretary shall establish a voluntary
certification program, to be known as the ``Mined in America
Certification Program'', to certify mining facilities and
mining pools that meet the requirements established under
this section.
(2) Scope.--A certification under the certification
program--
(A) shall not confer any regulatory license or waiver of
legal requirements under any other provision of law
(including regulations);
(B) may serve as a basis for eligibility for, priority for,
or participation in a Federal loan, grant, reimbursement, or
procurement program, in accordance with applicable law or
regulations; and
(C) shall not be required for any mining facility or mining
pool except as a condition of eligibility for, priority for,
or participation in a program described in subparagraph (B),
in accordance with applicable law or regulations.
(b) Certification Criteria and Administration.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall promulgate
regulations governing the certification of mining facilities
and mining pools under the certification program.
(2) Eligibility.--To be eligible for certification under
the certification program--
(A) the proof-of-work mining operations of the mining
facility or mining pool shall be physically located within
the United States or a friendly nation;
(B) in the case of the certification of a mining pool, the
mining pool--
(i) shall be headquartered and operated in the United
States or a friendly nation; and
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(ii) shall not be owned, controlled, or subject to undue
influence by an entity related to a foreign adversary;
(C) in the case of the certification of a mining facility,
the mining facility--
(i) shall not be owned, controlled, or subject to undue
influence by an entity related to a foreign adversary; and
(ii) shall participate in a mining pool described in
subparagraph (B);
(D) the mining facility or mining pool shall document and
attest to compliance with the applicable hardware sourcing
standards described in paragraph (3);
(E) the mining facility or mining pool shall maintain
cybersecurity protocols consistent with minimum standards
established by the Secretary, including protection of network
systems, private keys, remote access tools, and physical
facilities; and
(F) the mining facility or mining pool shall satisfy any
additional criteria that the Secretary determines to be
necessary to uphold the integrity of the certification.
(3) Hardware sourcing standards.--
(A) In general.--To be eligible for certification under the
certification program, a mining facility or mining pool shall
be in compliance with the following hardware sourcing
standards:
(i) Beginning on January 1, 2027, the mining facility or
mining pool may not purchase any proof-of-work mining
equipment manufactured by any entity related to any foreign
adversary.
(ii) Beginning on January 1, 2028, not more than 75 percent
of the active proof-of-work mining hardware of the mining
facility or mining pool may be manufactured by an entity
related to a foreign adversary.
(iii) Beginning on January 1, 2029, not more than 50
percent of the active proof-of-work mining hardware of the
mining facility or mining pool may be manufactured by an
entity related to a foreign adversary.
(iv) Beginning on January 1, 2030, 0 percent of the active
proof-of-work mining hardware of the mining facility or
mining pool may be manufactured by an entity related to a
foreign adversary.
(B) Initial certifications.--The Secretary may issue a
certification under the certification program before January
1, 2027, if--
(i) the applicable mining facility or mining pool has not
purchased any proof-of-work mining equipment manufactured by
any entity related to any foreign adversary since the date of
enactment of this Act; and
(ii) the operator of the applicable mining facility or
mining pool submits to the Secretary a plan for achieving
compliance with the hardware sourcing standards described in
subparagraph (A).
(C) Preferred certifications.--During the period beginning
on January 1, 2027, and ending on December 31, 2029, the
Secretary may designate a certification of a mining facility
or mining pool under the certification program as a preferred
certification for Federal program eligibility if not more
than 25 percent of the active proof-of-work mining hardware
of the mining facility or mining pool is manufactured by an
entity related to a foreign adversary.
(D) Recognition of infrastructure conversion.--For the
purposes of determining compliance with subparagraph (B) or
(C), the Secretary shall consider proof-of-work mining
hardware related to foreign adversaries to be removed from
active deployment if the operator of the mining facility or
mining pool demonstrates that the hardware has been replaced,
repurposed, or retired in favor of proof-of-work mining
hardware manufactured in the United States or a friendly
nation, including infrastructure deployed for artificial
intelligence training, inference, or grid-responsive
computational operations.
(4) Duration; renewal.--A certification under the
certification program--
(A) shall be valid for a period of not more than 2 years;
and
(B) may be renewed only on a demonstration of continued
compliance with all applicable requirements under this
section.
(5) Information sharing.--In carrying out the certification
program, the Secretary may share information with, or request
information from, the Secretary of Energy or the Secretary of
Agriculture.
(c) Application and Review Process.--
(1) In general.--In administering the certification
program, the Secretary shall establish an application and
review process for certification.
(2) Applications.--
(A) In general.--To apply for certification under the
certification program, an operator of a proof-of-work mining
facility or mining pool shall submit to the Secretary an
application, which shall contain information necessary for
the Secretary to determine eligibility under subsection (b).
(B) Disclosure.--An application submitted under
subparagraph (A)--
(i) shall disclose ownership and control information
sufficient to identify any person exercising control over the
proof-of-work mining operations of the applicant; and
(ii) shall not use any shell companies, passthrough
entities, or nominee arrangements to obscure ownership or
influence by a foreign adversary.
(d) Registry.--The Secretary shall maintain a publicly
accessible registry of mining facilities and mining pools
certified under the certification program, including--
(1) the effective dates of certification and renewal, if
applicable; and
(2) the applicable hardware sourcing standards under
subsection (b)(3) with which the mining facility or mining
pool is compliant, including whether the certification is a
preferred certification under subsection (b)(3)(C).
(e) Federal Program Eligibility.--
(1) In general.--The head of a Federal agency that
administers a loan, grant, reimbursement, or procurement
program for which eligibility, priority, or participation is
based on certification under the certification program may
rely on the registry maintained under subsection (d) to
determine the eligibility, priority, or participation of an
entity in that program, in accordance with applicable law
(including regulations).
(2) Requirement.--An entity shall not be granted
eligibility for, priority for, or participation in a loan,
grant, reimbursement, or procurement program for which that
eligibility, priority, or participation is based on
certification under the certification program unless the
entity holds a valid certification under the certification
program.
(f) Confidentiality.--
(1) In general.--In carrying out the certification program,
the Secretary shall safeguard the confidentiality of all
proprietary operational data, financial records, trade
secrets, and personally identifiable information submitted in
connection with a certification.
(2) Exemption from foia.--Information in the registry
maintained under subsection (d) shall be exempt from
disclosure under section 552 of title 5, United States Code.
(g) Oversight and Reporting.--
(1) In general.--The Secretary shall promulgate regulations
to ensure transparency of, compliance with, and enforcement
under the certification program, including--
(A) requirements for certified mining facilities and mining
pools to submit periodic reports verifying continuing
compliance with the requirements under subsection (b);
(B) procedures for the suspension or revocation of a
certification in the case of a material misrepresentation,
noncompliance, or fraud; and
(C) regulations relating to audits and inspections under
paragraph (2).
(2) Audits or inspections.--The Secretary shall conduct
audits or inspections of mining facilities and mining pools
certified under the certification program as necessary to
ensure compliance with this section.
(3) Publication of data.--The Secretary shall publish
aggregate, nonconfidential data relating to certifications of
mining facilities and mining pools and compliance with this
section sufficient to inform Federal agencies and the public
of trends in certifications and compliance.
(h) Rule of Construction.--Nothing in this section may be
construed to confer upon the Secretary any regulatory
authority over digital asset markets or transactions.
SEC. 1098. PROGRAM ELIGIBILITY FOR CERTIFIED COMPUTE
INFRASTRUCTURE PROJECTS.
(a) Department of Energy Title XVII Loan Guarantees.--
(1) In general.--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:
``(14) Projects carried out by entities that are certified
under section 1097 of the Mined in America Act of 2026 and
involve 1 or more of the following activities:
``(A) The replacement of proof-of-work mining (as defined
in section 1096 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.
``(B) The conversion of an existing mining operation or
data center into a grid-interactive or demand-responsive (as
defined in section 1096 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).
``(C) 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
1096 of the Mined in America Act of 2026) market.''.
(2) Rulemaking.--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
1097, 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.).
(3) Rule of construction.--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).
(b) Department of Energy Infrastructure Reinvestment
Program.--
(1) In general.--Section 1706(a) of the Energy Policy Act
of 2005 (42 U.S.C. 16517(a)) is amended--
(A) in paragraph (2), by striking ``or'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
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``(4) are carried out by entities described in section
1703(b)(14) and involve--
``(A) an activity described in subparagraph (A) or (B) of
that section; or
``(B) 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.''.
(2) Rulemaking.--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 1097.
(3) Rule of construction.--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).
(c) Department of Energy Smart Grid Investment Grants.--
(1) In general.--Section 1306 of the Energy Independence
and Security Act of 2007 (42 U.S.C. 17386) is amended--
(A) in subsection (a), by striking ``of qualifying Smart
Grid investments.'' and inserting the following: ``of--
``(1) qualifying smart grid investments; and
``(2) projects for the deployment of Mined in America grid-
interactive infrastructure.'';
(B) in subsection (b)--
(i) by redesignating paragraphs (1) through (14) as clauses
(i) through (xiv), respectively, and indenting appropriately;
and
(ii) 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:
``(b) Definitions.--In this section:
``(1) Demand response; demand-responsive.--The terms
`demand response' and `demand-responsive' have the meaning
given the terms in section 1096 of the Mined in America Act
of 2026.
``(2) Friendly nation.--The term `friendly nation' has the
meaning given the term in section 1096 of the Mined in
America Act of 2026.
``(3) Grid-responsive infrastructure.--The term `grid-
responsive infrastructure' includes hardware, software, and
control systems that support 1 or more of the following
functions:
``(A) Load curtailment or flexible demand response in
coordination with a grid operator, electric utility, or
demand response provider.
``(B) Integration of localized energy storage, smart
metering, or real-time load control technologies that reduce
peak demand or improve grid reliability.
``(C) Cybersecurity protections to safeguard grid-facing
compute infrastructure, including systems used to manage
energy telemetry, remote access, or distributed power
systems.
``(4) Mined in america grid-interactive infrastructure.--
The term `Mined in America grid-interactive infrastructure'
means grid-responsive infrastructure that--
``(A) is manufactured in the United States; and
``(B) is or will be deployed at a facility--
``(i) located in the United States or a friendly nation;
``(ii) the owners and operators of which are certified
under section 1097 of the Mined in America Act of 2026; and
``(iii) that is engaged in--
``(I) proof-of-work mining operations using compute
infrastructure manufactured in the United States or a
friendly nation; or
``(II) artificial intelligence training or inference using
compute infrastructure manufactured in the United States or a
friendly nation.
``(5) Proof-of-work mining.--The term `proof-of-work
mining' has the meaning given the term in section 1096 of the
Mined in America Act of 2026.
``(6) Qualifying smart grid investment.--
``(A) In general.--The term `qualifying smart grid
investment' includes'';
(C) in subsection (c)--
(i) 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))'';
(ii) in paragraph (9), by striking ``Qualifying Smart Grid
Investments'' and inserting ``qualifying smart grid
investments'';
(iii) by redesignating paragraphs (1) through (9) as
clauses (i) through (ix), respectively, and indenting
appropriately; and
(iv) 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:
``(B) Exclusions.--The term `qualifying smart grid
investment' does not include'';
(D) in subsection (d)--
(i) by redesignating paragraphs (1) through (16) as clauses
(i) through (xvi), respectively, and indenting appropriately;
and
(ii) 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:
``(6) Smart grid function.--The term `smart grid function'
means'';
(E) in subsection (e)--
(i) in paragraph (1)--
(I) by striking ``(1) The Secretary shall'' and all that
follows through ``proposals--'' in the matter preceding
subparagraph (A) and inserting the following:
``(1) In general.--The Secretary shall--'';
(II) by indenting subparagraphs (A) through (E)
appropriately;
(III) in subparagraph (C), by striking ``investments, and''
and inserting ``investments or Mined in America grid-
interactive infrastructure, and, if applicable,''; and
(IV) 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
(ii) in paragraph (2), by striking ``(2) The Secretary''
and inserting the following:
``(2) Discretion.--The Secretary'';
(F) in subsections (b) through (e), by striking ``Smart
Grid'' each place it appears and inserting ``smart grid'';
(G) in subsection (f), by striking ``for fiscal years 2008
through 2012'';
(H) 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
(I) by inserting after subsection (c) (as so redesignated)
the following:
``(d) Guidance on Mined in America Grid-interactive
Infrastructure.--
``(1) In general.--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.
``(2) Requirement.--The guidance issued under paragraph (1)
shall--
``(A) identify Mined in America grid-interactive
infrastructure for which a grant provided under this
subsection may be used; and
``(B) establish procedures for verifying the certification
of the owners and operators of the applicable facility under
section 1097 of the Mined in America Act of 2026, in
coordination with the Secretary of Commerce.''.
(2) Rule of construction.--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).
SEC. 1099. DEPARTMENT OF ENERGY STUDY ON COMPUTE-BASED LOAD
MANAGEMENT.
(a) Study Required.--The Secretary of Energy shall conduct
a study to assess the load-management capabilities and grid-
balancing potential of proof-of-work mining operations and
high-density compute facilities located in the United States.
(b) Scope of Study.--The study under subsection (a) shall
evaluate--
(1) the ability of proof-of-work mining operations and
high-density compute facilities--
(A) to reduce electricity consumption during periods of
peak demand;
(B) to shift load in coordination with grid operators; or
(C) to participate in demand response and grid reliability
programs;
(2) the technologies, energy infrastructure, and
contractual mechanisms that support flexible operation of
high-density compute workloads; and
(3) the emissions impacts, energy efficiency benefits, and
market integration potential associated with the deployment
of grid-interactive compute infrastructure in various
geographic and regulatory contexts.
(c) Consultation.--
(1) In general.--In carrying out the study under subsection
(a), the Secretary of Energy shall consult with--
(A) the Secretary;
(B) the Federal Energy Regulatory Commission; and
(C) at least 1 Regional Transmission Organization or
Independent System Operator (as those terms are defined in
section 3 of the Federal Power Act (16 U.S.C. 796)).
(2) Requirement.--The Secretary of Energy, the Secretary of
Defense, and the Secretary shall coordinate to enhance
efficiency and avoid duplication with respect to the study
required under subsection (a).
(d) Reports.--The Secretary of Energy shall submit to the
Committee on Energy and Natural Resources of the Senate, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives--
(1) an interim report on the findings of the study under
subsection (a) not later than 1 year after the date of
enactment of this Act; and
(2) a final report on the findings of that study not later
than 2 years after that date of enactment.
SEC. 1100. SUPPORT FOR DEVELOPMENT OF SECURE, ENERGY-
EFFICIENT CRYPTO-MINING HARDWARE.
(a) Support From National Institute of Standards and
Technology.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall take such actions as the
Director considers appropriate to support the development of
secure, energy-efficient hardware for the mining of
cryptocurrency.
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(2) Grants authorized.--In carrying out paragraph (1), the
Director may award grants to design rigs for the mining of
cryptocurrency that meets United States cybersecurity
standards.
(b) Support From Hollings Manufacturing Extension
Partnership.--
(1) In general.--The Director shall, acting through the
Hollings Manufacturing Extension Partnership, provide
assistance to United States manufacturers to retool for the
production of secure, energy-efficient hardware for the
mining of cryptocurrency.
(2) Technical assistance.--The Director may, acting through
the Partnership, provide technical assistance to United
States persons who manufacturer hardware that can be used for
the mining of cryptocurrency.
SEC. 1101. PROMOTION OF EXPORTS TO FRIENDLY NATIONS OF
CERTAIN MINING EQUIPMENT PRODUCED IN THE UNITED
STATES.
The Under Secretary of Commerce for International Trade
shall develop a program to promote exports to friendly
nations of equipment for proof-of-work mining that is
produced in the United States.
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