Real bill currently in Congress  c/o  HR/119/8790

Next-Generation Geothermal Research and Development Act

Policy area: Energy ▲ 45 days since action Sponsor: Pat Harrigan, NC-10, R → Congress.gov

Latest action (2026-07-21): Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.

Official summary

Next-Generation Geothermal Research and Development Act This bill directs the Department of Energy (DOE) to support the development of next-generation geothermal systems, such as closed-loop geothermal systems in supercritical conditions. Specifically, the bill expands the Energy Independence and Security Act of 2007 to modify and establish geothermal energy programs, such as programs concerning research and development, grants, and data management. DOE must support a program of research, development, demonstration, and commercial application for next-generation geothermal systems. DOE may administer grants for carrying out certain focus areas of the program. DOE must also ensure that at least one Frontier Observatory for Research in Geothermal Energy (FORGE) field research site has the capabilities to include next-generation geothermal testing. Additionally, DOE must provide grants for (1) the continuation and expansion of research, development, demonstration, testing, and commercial application activities applicable to FORGE sites; and (2) the establishment of a next-generation geothermal systems center of excellence. DOE must also provide grants to accelerate the development, testing, and implementation of innovative technologies to improve the commercial-readiness of geothermal energy projects using next-generation geothermal systems. DOE must expand its repository of geothermal drilling information to include publicly available subsurface data, including data reported as part of fossil fuel and mining operations. DOE must also periodically update the repository to improve its functionality and usability. The bill authorizes the Department of the Interior to commission the drilling of supercritical geothermal exploration boreholes in certain areas to provide control points for deep heat mapping and geothermal development.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 0.75

Synthesis

The bill is constitutional under the Spending Clause, Commerce Clause, Property Clause, and Necessary and Proper Clause, as it promotes the general welfare, regulates interstate commerce, and manages federal lands without infringing on state sovereignty.

Hamilton YES

This bill is a constitutional exercise of the powers of Congress. The primary authority lies in the Spending Clause, which empowers Congress to lay and collect taxes to provide for the general welfare. The authorization of grants and research programs for geothermal energy falls squarely within that broad power, as it promotes the general welfare by advancing domestic energy resources and national economic independence. Additionally, the bill's provisions regarding the Department of the Interior’s drilling on federal lands are supported by the Property Clause, which grants Congress the power t…

Article I, Section 8, Clause 1 Article IV, Section 3, Clause 2 Federalist No. 23 Federalist No. 34
Jefferson NO

The Constitution enumerates only limited powers to the federal government. The Tenth Amendment reserves all powers not delegated to the United States to the states or the people. This bill authorizes the Department of Energy and the Department of the Interior to engage in research, development, grants, and data collection for next-generation geothermal systems. Such activities are not among the enumerated powers in Article I, Section 8. The Commerce Clause does not extend to purely intrastate energy research, and the General Welfare Clause does not authorize specific internal improvements of t…

Amendment X Article I, Section 8
Madison YES

The bill is constitutional under the Commerce Clause and the General Welfare Clause. The development of geothermal energy resources directly affects interstate commerce in energy, and the federal government has a legitimate interest in supporting research and development that promotes the general welfare. The grants and programs authorized by the bill are exercises of the spending power, which is broad and not limited to specific enumerated objects, so long as the spending is for the general welfare. Additionally, the involvement of the Department of the Interior in drilling boreholes on certa…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 1 (General Welfare Clause) Article IV, Section 3, Clause 2 (Property Clause) Federalist No. 45
Marshall YES

This bill falls squarely within the enumerated powers of Congress. The promotion of geothermal energy research and development is a regulation of commerce among the several states, as energy markets and technological innovation inherently affect interstate commerce. The Necessary and Proper Clause authorizes Congress to establish programs and grant funds to achieve legitimate ends of the commerce power. Furthermore, the authorization for the Department of the Interior to drill on federal lands is a valid exercise of the Property Clause, which grants Congress plenary authority over territories …

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) Article IV, Section 3, Clause 2 (Property Clause)

What should pass

“AI Consensus Solution”

No solution yet

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