Constitution Index · H.R. 3062 · 2025-04-29
Promoting Cross-border Energy Infrastructure Act
Latest official status (2025-09-19): Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Constitutional grade
B
Mostly sound
The bill is largely constitutional, as it operates within Congress's enumerated powers over foreign commerce and interstate commerce, and it does not infringe upon individual rights. The main concern is the requirement for congressional approval before the President can revoke permits, which may raise separation of powers issues, but this is a minor tension that can be addressed.
Article I, Section 8, Clause 3 Article IV, Section 3, Clause 2
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has the power to regulate commerce with foreign nations and among the several states under Article I, Section 8, Clause 3. The bill regulates cross-border energy infrastructure, which directly involves foreign commerce and interstate commerce. Additionally, Congress has the power to dispose of and make all needful rules respecting the territory or other property belonging to the United States under Article IV, Section 3, Clause 2, which may apply to border facilities. The bill's delegation of permitting authority to FERC and DOE is within Congress's legislative authority.
Bill of Rights · passes
The bill does not infringe upon any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, fair trial, jury, cruel and unusual punishment, or unenumerated rights. The permitting process is a regulatory measure that does not implicate these rights.
Individual liberty · passes
The bill imposes a permitting requirement on persons seeking to construct or operate cross-border energy infrastructure. This is a reasonable regulation of commercial activity that has significant interstate and international implications. The government has a compelling interest in ensuring the safety, reliability, and environmental compliance of such infrastructure. The burden on individuals is minimal and justified by the need for oversight.
Decentralization · raises concerns · severity: minor
The bill centralizes permitting authority at the federal level, which is appropriate given the interstate and international nature of the infrastructure. However, it fails the decentralization test because it consolidates decision-making at the federal level, whereas states could potentially handle some aspects of permitting. Nevertheless, the federal role is necessary for cross-border facilities, so the failure is minor.
Due process and takings · passes
The bill establishes a clear process for obtaining certificates and sets deadlines for agency action, which provides procedural due process. It does not take property without just compensation; rather, it regulates the construction and operation of new facilities. The requirement for congressional approval before revoking permits provides an additional layer of due process for permit holders.
Provenance
- Congress.gov: HR 3062 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| B · #461 | 2026-10-10 | vfa-constitutional-grade/1.0 | 4043c1d0e949 | current |
Cite this
Values for America. “Constitutional grade: H.R. 3062, Promoting Cross-border Energy Infrastructure Act.” VFA Constitution Index, grade 461 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/461. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/461
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