PolicyBrief
H.R. 1365
119th CongressFeb 14th 2025
America First Energy Act
IN COMMITTEE

The "America First Energy Act" amends the Research and Development, Competition, and Innovation Act to restrict the Foundation for Energy Security and Innovation of the Department of Energy to only allow U.S. citizens, nationals, refugees, or permanent residents to be voting members, the Executive Director, officers, or employees.

Daniel Webster
R

Daniel Webster

Representative

FL-11

LEGISLATION

Department of Energy's Foundation Board Gets Citizenship Requirements: New Bill Tightens Eligibility

The "America First Energy Act" just reshaped the rules for who can work at the Department of Energy's (DOE) Foundation for Energy Security and Innovation. This bill amends Section 10691 of the Research and Development, Competition, and Innovation Act, focusing on the Foundation's leadership and staff.

Citizenship at the Core

The core change? A strict citizenship requirement. The Act now mandates that every voting member of the Foundation's Board, its Executive Director, and all employees must be either a U.S. citizen, a U.S. national, an admitted refugee, or a lawful permanent resident. This means that if you're not in one of those categories, you're not eligible for these positions. Also, no DOE employee can be a voting member of the Board.

Real-World Rollout

Imagine you're a scientist with a green card, working on cutting-edge energy solutions. Under this new rule, you could be hired by the Foundation. But, if you are not a Lawful Permanent Resident, you can not. This clearly defines who can contribute to and lead the Foundation's work, focusing on individuals with established legal ties to the U.S.

Aligning with Existing Laws

This isn't just about citizenship; it's also about fitting into the bigger picture of national security. The Act specifically states that these new requirements must align with subtitle D of this title and section 223 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021. What does that mean? It's all about making sure that the Foundation's operations are consistent with existing laws designed to protect national interests.

Potential Challenges

This bill could create some potential challenges. While the intention is clear, there are potential limitations:

  • Limited Pool: By restricting positions to citizens and lawful permanent residents, the Foundation might miss out on talented individuals who don't meet these criteria.
  • Fairness: There is potential for discrimination claims if the requirements are not applied fairly.

Overall, the "America First Energy Act" clarifies who can work within the DOE's Foundation, emphasizing citizenship and alignment with national security laws. It's a move that streamlines eligibility but also raises questions about access and opportunity within this key energy organization.