H.R. 10109 explained  ·  119th Congress  ·  Pending in Congress

Wildfire Event Contract Prohibition Act

Create a free account or sign in to follow H.R. 10109 and get alerts. Policy area: Finance and Financial Sector Create a free account or sign in to follow the Finance and Financial Sector policy area and get alerts. ▲ 63 days since action Sponsor: Michael Baumgartner, WA-05, R → Congress.gov

Cosponsors: none · per Congress.gov, 2026-10-14

Introduced: 2026-08-17

Latest action (2026-08-17): Referred to the Committee on Agriculture, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

What H.R. 10109 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 10109 yet. Its official title: “Wildfire Event Contract Prohibition Act”.

Constitution Index

“VFA Constitution grade”

Not graded yet

H.R. 10109 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONDITIONAL

Confidence 0.75

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

The bill is constitutional only if it is narrowly tailored to regulate contracts that substantially affect interstate commerce or involve federal lands, and does not infringe on state police powers or executive discretion in emergency response.

Hamilton CONDITIONAL

This bill, by prohibiting certain contracts related to wildfire events, may intrude upon the commerce power vested in Congress under Article I, Section 8, Clause 3, but only if it impairs the federal government's ability to execute its own contracts or impedes interstate commerce in a manner that undermines the general welfare. However, if the prohibition is narrowly tailored to prevent fraud or abuse in federal contracting, it may be permissible under the necessary and proper clause (Article I, Section 8, Clause 18). The referral to both the Agriculture and Judiciary Committees suggests overl…

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Article II, Section 3 Federalist No. 23
Jefferson NO

This bill, by prohibiting certain contracts related to wildfire events, exceeds the enumerated powers of Congress. The Constitution grants Congress only specific, limited powers (Article I, Section 8), and the general welfare clause does not authorize such a broad police power over land management or contract regulation. The Tenth Amendment reserves to the states and the people all powers not delegated to the United States. Wildfire management and contract law are primarily matters of state jurisdiction, and this federal prohibition intrudes upon that reserved domain. Furthermore, the bill may…

Amendment X Amendment IX Article I, Section 8
Madison CONDITIONAL

The constitutionality of this bill depends on whether the contracts it prohibits involve interstate commerce, federal lands, or other matters within the enumerated powers of Congress. If the bill regulates contracts that are purely intrastate and do not substantially affect interstate commerce, it would exceed the limited authority delegated to the federal government and violate the Tenth Amendment. However, if the contracts relate to wildfire events on federal lands or involve interstate transactions, Congress may have authority under the Commerce Clause. The referral to the Agriculture Commi…

Article I, Section 8, Clause 3 Tenth Amendment Federalist No. 45
Marshall CONDITIONAL

This bill, which prohibits certain contracts related to wildfire events, must be examined under the Commerce Clause and the Necessary and Proper Clause. Congress may regulate interstate commerce, and wildfire suppression often involves interstate resources and impacts. However, the prohibition must be a proper means to achieve a legitimate end, not an arbitrary restraint on contracts that are purely local. If the prohibition applies to contracts that substantially affect interstate commerce, it is constitutional; if it intrudes upon state police powers over local land use or contracts without …

Article I, Section 8, Clause 3 (Commerce Clause) McCulloch v. Maryland (1819) (necessary and proper means must be appropriate and plainly adapted to a legitimate end)
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What should pass

“VFA SI Solution”

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Archived SI output (machine-generated) · No editorial review recorded

This historical draft has no editorial review time on record. Check its claims against the original bill and current law.

Federal Wildfire Contract Integrity and Transparency Act of 2025

Generated by VFA SI Solutions

To prevent abusive contracting practices in wildfire response, such as price gouging, conflicts of interest, or contracts with entities posing national security risks, while ensuring timely and effective emergency response.

Bipartisan rationale: Democratic priorities: Protects against price gouging and conflicts of interest, ensures transparency and competitive bidding, and includes whistleblower protections. Republican priorities: Limits federal reach to only contracts involving federal funds or lands, preserves state and local control over their own contracts, includes an emergency waiver to maintain executive discretion, and sunsets the law to prevent permanent overreach.

Funding: General fund appropriations for wildfire m $5 million per year for oversi Sunset 5y Oversight: Joint oversight by the Inspect Enforcement: Civil penalties up to $500,000 per v
→ Article I, Section 8, Clause 3 (Commerce Clause – contracts substantially affecting interstate commerce) → Article I, Section 8, Clause 18 (Necessary and Proper Clause – implementing federal procurement integrity) → Tenth Amendment (reserving to states contracts not involving federal funds or lands) → Fifth Amendment Due Process Clause (ensuring fair bidding procedures and contract rights)

Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Amendment X Amendment V

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