H.R. 9194 explained  ·  119th Congress  ·  Pending in Congress

Build American Efficiency Act

Create a free account or sign in to follow H.R. 9194 and get alerts. Policy area: Housing and Community Development Create a free account or sign in to follow the Housing and Community Development policy area and get alerts. ▲ 134 days since action Sponsor: Tracey Mann, KS-01, R → Congress.gov

Cosponsors: 7 (2 D, 5 R) · per Congress.gov, 2026-10-08

Introduced: 2026-06-08

Latest action (2026-06-08): Referred to the House Committee on Financial Services.

What H.R. 9194 does, in plain terms

The Congressional Research Service has not published a summary of H.R. 9194 yet. Its official title: “Build American Efficiency Act”.

Constitution Index

“VFA Constitution grade”

Not graded yet

H.R. 9194 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

UNCONSTITUTIONAL

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 unconstitutional because it expands federal evidentiary authority beyond enumerated powers, undermines federalism, and encroaches on state sovereignty over judicial procedures, as argued by Madison, Jefferson, and partially by Hamilton's conditional concerns.

Hamilton CONDITIONAL

The proposed bill aims to modify evidentiary rules for compliance with the Build America, Buy America Act, which touches upon Congress's power to regulate commerce, provide for the general Welfare, and make necessary and proper laws. Under Article I, Section 8, Clause 1 (General Welfare) and Clause 18 (Necessary and Proper Clause), Congress may establish standards and procedures for procurement to promote domestic industry, as I argued in Federalist No. 35 concerning the encouragement of manufactures. However, the bill's 'qualifying process standard' must not impair the supremacy of federal la…

Article I, Section 8, Clause 1 Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Tenth Amendment
Jefferson NO

This bill seeks to alter evidentiary rules for compliance with a federal procurement statute, thereby expanding the reach of Congress into matters of local commerce and judicial procedure. The Constitution grants Congress only enumerated powers, and the Tenth Amendment reserves to the States or the people all powers not delegated. The Bill of Rights, particularly the Seventh Amendment, guarantees the right to trial by jury in civil cases, and the Sixth Amendment secures the rights of the accused; altering evidentiary standards for federal compliance intrudes upon these protections and the trad…

Amendment X Amendment VII Amendment VI
Madison NO

This bill proposes to alter evidentiary rules for documentation under the Build America, Buy America Act, which itself conditions federal spending on domestic content requirements. The Constitution empowers Congress to regulate commerce among the states and to spend for the general welfare, but any such regulation must respect the separation of powers and the limited, enumerated nature of federal authority. The bill's purpose—to 'clarify' evidentiary treatment—masks a substantive expansion of federal oversight into state and private procurement processes, undermining the spirit of federalism. …

Article I, Section 8 Federalist No. 45
Marshall YES

This bill, which clarifies the evidentiary treatment of documentation under a qualifying process standard for compliance with the Build America, Buy America Act, is a proper exercise of Congress's enumerated powers. The Constitution grants Congress authority over interstate commerce and the power to make all laws necessary and proper for executing its enumerated powers. The bill merely refines the procedural framework for implementing a valid federal procurement statute, thereby facilitating the execution of Congress's spending and commerce powers. It does not infringe upon any constitutional …

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) McCulloch v. Maryland (1819) (broad construction of necessary and proper power)
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