H.R. 6938 explained  ·  119th Congress  ·  Became law

Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026

Create a free account or sign in to follow H.R. 6938 and get alerts. Policy area: Economics and Public Finance Create a free account or sign in to follow the Economics and Public Finance policy area and get alerts. ▲ 270 days since action Sponsor: Tom Cole, OK-04, R → Congress.gov

Cosponsors: none · per Congress.gov, 2026-10-09

Introduced: 2026-01-06

Latest action (2026-01-23): Became Public Law No: 119-74.

What H.R. 6938 does, in plain terms

Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026 This bill provides FY2026 appropriations to several federal departments and agencies for activities and programs related to commerce, law enforcement, science, energy and water development, public lands, and the environment. Specifically, the bill includes 3 of the 12 regular FY2026 appropriations bills: the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2026; the Energy and Water Development and Related Agencies Appropriations Act, 2026; and the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2026. The departments, agencies, and activities funded in the bill include the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration (NASA), the National Science Foundation, U.S. Army Corps of Engineers civil works projects, the Department of Energy, the Department of the Interior, the Environmental Protection Agency, the Forest Service, the Indian Health Service, and several related and independent agencies. 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”

A

Constitutionally sound

Graded 2026-10-08

SI-generated grade · five published checks · not individually reviewed by a person · methodology

HR 6938 as summarized is a routine FY2026 appropriations package funding Commerce, Justice, Energy, Interior and related agencies. It rests squarely on the Article I appropriations and spending powers, creates no direct restriction on protected freedoms, property, or due process, and does not centralize new authority. Grade A constitutional on its face; specific spending riders or enforcement uses would need provision-level review.

  • ✓ Passes · Enumerated powers
    Federal appropriations are expressly authorized by Article I, Section 9, Clause 7 requiring that no money be drawn from the Treasury but in consequence of appropriations made by law, combined with Article I, Section 8, Clause 1 power to pay debts and provide for the common defence and general welfare, and Clause 18 necessary and proper authority to fund departments created to execute enumerated fu…
  • ✓ Passes · Bill of Rights
    On its face as summarized, the bill is a funding measure and does not direct censorship, disarmament, warrantless search, compelled testimony, or denial of trial rights. No provision described restricts speech, religion, press, assembly under the First Amendment, arms under the Second Amendment, or privacy under the Fourth Amendment. Any future use of Department of Justice or other funds for surve…
  • ✓ Passes · Individual sovereignty
    The bill as summarized does not prohibit any personal conduct, speech, belief, labor, or use of private property. It allocates public funds to public agencies rather than restricting what a person may do with their own person or property. No burden-shifting justification is therefore triggered, and no compelling-justification test under the Ninth Amendment and liberty protected by the Fifth and Fo…
  • ✓ Passes · Decentralization
    Test applied to the core functions funded: (1) Individuals or families cannot operate federal courts, federal law enforcement, interstate water projects, or national science programs alone, so individual handling is not feasible. (2) Local counties cannot manage NASA, Department of Energy nuclear matters, Army Corps civil works, or nationwide justice functions. (3) States cannot separately conduct…
  • ✓ Passes · Due process and takings
    The summary describes appropriations and funding restrictions, not criminal penalties, civil forfeiture, or physical appropriation of private property. No bypass of notice, hearing, presumption of innocence, or Fifth Amendment Takings Clause just-compensation requirement is shown. If funds were later used for seizures or regulatory takings, that implementation would require separate Fifth Amendmen…

Sources: Congress.gov: HR 6938 summary

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