Constitution Index · H.R. 788 · 2025-01-28
DOE and SBA Research Act
Latest official status (2025-02-26): Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
Constitutional grade
A
Constitutional
This bill directs two federal agencies to collaborate on research and development activities, including with small businesses, and to report on outcomes. It operates squarely within Congress's enumerated powers under the Commerce Clause and the Spending Clause, does not infringe any rights, respects individual sovereignty, passes all decentralization tests, and imposes no due process or takings issues. It is fully constitutional.
Article I, Section 8, Clause 3 Article I, Section 8, Clause 1
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 authority under Article I, Section 8, Clause 3 (Commerce Clause) to regulate and promote interstate commerce, including research and development that supports small businesses. Additionally, Article I, Section 8, Clause 1 (Spending Clause) authorizes Congress to appropriate funds for the general welfare, which includes funding collaborative R&D between federal agencies. The bill does not exceed these enumerated powers.
Bill of Rights · passes
The bill imposes no restrictions on speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It does not touch any right protected by the first ten amendments.
Individual liberty · passes
The bill does not restrict any individual's person, property, speech, labor, or belief. It merely authorizes interagency cooperation and reporting. No individual is compelled or prohibited from any action. The government bears no burden to justify a restriction because none exists.
Decentralization · passes
The bill involves federal agencies collaborating on research, which is a proper federal function under the Commerce and Spending Clauses. It does not preempt state or local action, nor does it prevent individuals or communities from conducting their own R&D. All four questions are answered in favor of decentralization.
Due process and takings · passes
The bill imposes no penalties, deprivations, or property takings. It does not create any adjudicative or enforcement mechanism that would trigger procedural or substantive due process requirements. No takings clause issue arises.
Provenance
- Congress.gov: HR 788 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #566 | 2026-10-10 | vfa-constitutional-grade/1.0 | 80e5bcd58a6a | current |
Cite this
Values for America. “Constitutional grade: H.R. 788, DOE and SBA Research Act.” VFA Constitution Index, grade 566 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/566. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/566
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