H.R. 4016 explained · 119th Congress · Pending in Congress
Department of Defense Appropriations Act, 2026
Cosponsors: none · per Congress.gov, 2026-10-10
Introduced: 2025-06-16
Latest action (2025-12-08): Motion to proceed to consideration of measure made in Senate. (CR S8522)
What H.R. 4016 does, in plain terms
Department of Defense Appropriations Act, 2026 This bill provides FY2026 appropriations to the Department of Defense (DOD) for military activities. (The bill excludes military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are all included in other appropriations bills.) Within the DOD budget, the bill provides appropriations for Military Personnel; Operation and Maintenance; Procurement; Research, Development, Test and Evaluation; and Revolving and Management Funds. The bill provides appropriations for Other Department of Defense Programs, including the Defense Health Program, Chemical Agents and Munitions Destruction, Drug Interdiction and Counter-Drug Activities, and the Office of the Inspector General. In addition, the bill provides appropriations for Related Agencies, including (1) the Central Intelligence Agency Retirement and Disability System Fund, and (2) the Intelligence Community Management Account. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-09
SI-generated grade · five published checks · not individually reviewed by a person · methodology
The Department of Defense Appropriations Act, 2026 is a valid exercise of Congress's constitutional power of the purse for the common defense. It funds military personnel, operations, procurement, research, and related national-security activities under explicit enumerated powers. The summary shows no infringement of the Bill of Rights, no restriction on individual sovereignty, no need for lower levels of government to handle national defense, and no due-process or takings violation.
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✓ Passes · Enumerated powers
Congress has explicit constitutional authority under Article I, Section 8, Clauses 12-16 to raise and support armies, provide and maintain a navy, and make rules for the regulation of military forces. Funding the Department of Defense for military activities also serves the common defense under the spending power in Article I, Section 8, Clause 1. This bill is a straightforward exercise of that au… -
✓ Passes · Bill of Rights
The bill as summarized simply appropriates funds to the Department of Defense and related agencies. It does not regulate speech, religion, press, assembly, or petition; it does not restrict arms; it does not authorize quartering soldiers; it does not authorize searches or seizures; it does not implicate criminal process, juries, or cruel punishment. No provision of the first ten amendments is infr… -
✓ Passes · Individual sovereignty
The bill does not restrict what any person may do with their own person, property, speech, labor, or belief. It directs government expenditure toward military activities. There is no government-imposed restriction on individual freedom in the bill's summarized content. -
✓ Passes · Decentralization
National defense is a core federal responsibility. Individuals, local communities, and states cannot independently provide for the common defense without federal coordination and constitutional authority. The Constitution expressly delegates military powers to Congress and prohibits states from maintaining standing forces without federal consent. This bill does not consolidate decision-making upwa… -
✓ Passes · Due process and takings
The bill does not deprive any person of life, liberty, or property without due process, nor does it take private property for public use without just compensation. It authorizes appropriations rather than direct coercive legal action against individuals. The procedural and substantive due process requirements of the Fifth Amendment are not implicated by the bill's summarized provisions.
Sources: Congress.gov: HR 4016 summary
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