America First Energy Act
- Bill Number
- H.R. 1365
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Energy
- Status
- Introduced
- Latest Action
- 2025-02-14: Referred to the House Committee on Science, Space, and Technology.
- Last Updated
- 2025-06-24T08:05:41Z
AI-Generated Summary
Purpose
The America First Energy Act (H.R. 1365) aims to amend the Research and Development, Competition, and Innovation Act to impose restrictions on the membership and leadership of the Foundation for Energy Security and Innovation (FESI) within the Department of Energy (DOE). These changes prioritize U.S. citizens and certain lawful residents in key roles to enhance national security and control over energy innovation activities.
Key Provisions
- Board Membership Restrictions:
- Prohibits any DOE employee from serving as a voting member of FESI's Board of Directors.
- Requires all voting Board members to be either U.S. citizens, U.S. nationals (as defined under immigration law), refugees admitted under U.S. refugee policy, or lawful permanent residents (green card holders).
- Leadership and Staff Restrictions:
- The Executive Director of FESI must meet the same citizenship or residency criteria as Board members.
- All officers and employees of FESI are subject to these eligibility requirements.
- Security Implementation:
- FESI operations must comply with existing federal security provisions, including those in subtitle D of the Research and Development, Competition, and Innovation Act and Section 223 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (which addresses protections for sensitive energy research).
Significant Changes to Existing Law
- The original law (Section 10691 of the Research and Development, Competition, and Innovation Act) did not explicitly restrict Board membership based on employment status or require specific citizenship/residency qualifications for voting members, the Executive Director, or staff.
- These amendments introduce new eligibility criteria tied to U.S. immigration status, effectively limiting roles to individuals with strong ties to the United States.
- A new subsection (d) is added to mandate adherence to broader national security protocols for FESI, which were not previously specified in this section.
Potential Impacts
- On Government Agencies: The DOE and FESI may face administrative challenges in recruiting and appointing qualified individuals, potentially narrowing the pool of experts available for energy security and innovation initiatives. This could slow decision-making or program implementation if suitable U.S.-affiliated candidates are limited.
- On Citizens and Residents: Eligible U.S. citizens, nationals, refugees, and permanent residents gain prioritized access to leadership and staff positions in FESI, which could foster opportunities in energy research. However, it may exclude foreign nationals or temporary visa holders, limiting international collaboration.
- On International Relations: By restricting non-U.S. affiliated individuals from key roles, the law could signal a more insular approach to energy innovation, potentially straining partnerships with international researchers or allies in global energy security efforts.
Main Stakeholders Affected
- Department of Energy (DOE) and FESI: Directly impacted through new hiring and appointment rules, requiring updates to internal policies and compliance with security standards.
- Potential Board Members, Executives, and Employees: U.S. citizens, nationals, refugees, and permanent residents who seek roles in FESI; others (e.g., foreign experts on temporary visas) are excluded from voting or leadership positions.
- Energy Innovation Community: Researchers, innovators, and organizations involved in DOE-funded energy security projects, who may experience changes in governance and collaboration dynamics.
- Congressional Oversight Committees: Such as the House Committee on Science, Space, and Technology, which will monitor implementation.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: The bill integrates references to the Immigration and Nationality Act (defining nationals and refugees) and national defense laws, ensuring FESI aligns with federal security frameworks. This could lead to legal challenges if interpreted as overly restrictive on employment, but it builds on existing government hiring preferences for sensitive roles.
- Constitutional Implications: No direct conflicts with constitutional rights are evident, as the restrictions apply to a quasi-governmental foundation rather than broad public employment. However, they may raise questions under equal protection principles if challenged for discriminating based on national origin in a non-citizen context.
- Political Implications: The "America First" title and focus on U.S.-centric eligibility reflect nationalist priorities in energy policy, potentially influencing debates on immigration's role in science and technology. It emphasizes domestic control over strategic sectors like energy security amid geopolitical tensions.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Webster, Daniel [R-FL-11]
Cosponsors (1)
Recent Actions
- 2025-02-14: Referred to the House Committee on Science, Space, and Technology.
- 2025-02-14: Introduced in House
- 2025-02-14: Introduced in House
Bill Versions
- America First Energy Act — issued 2025-02-14 — PDF (4 pages)