Constitution Index · H.R. 4776 · 2025-07-25
SPEED Act
Latest official status (2025-12-18): Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Constitutional grade
A
Constitutional
The SPEED Act modifies the National Environmental Policy Act (NEPA) to limit the scope and duration of environmental reviews for major federal actions. Congress has clear enumerated authority under the Commerce Clause and the Property Clause to regulate the environmental effects of federal projects and to define the procedures for such reviews. The bill does not infringe any provision of the Bill of Rights, as it does not restrict speech, religion, assembly, press, petition, arms, or other enumerated rights; it merely adjusts statutory review requirements. Individual sovereignty is not restricted—if anything, the bill reduces federal regulatory burdens, though it may limit public participation in environmental decisions, which is a statutory rather than constitutional right. The decentralization analysis shows that the bill allows substitution of state or tribal environmental reviews for federal NEPA review, thereby pushing decision-making downward, and it does not consolidate power upward. Due process and takings concerns are minimal because the bill preserves some judicial review and does not take private property; it only redefines the triggers for environmental analysis. All five constitutional checks pass, earning the bill a grade of A.
Article I, Section 8, Clause 3 Article IV, Section 3, Clause 2 Amendment I Amendment X Amendment V
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) and Article IV, Section 3, Clause 2 (Property Clause) to regulate the environmental impacts of federal actions and to define the procedures for such regulation. NEPA is a federal statute governing federal agency actions, and Congress may amend it to limit its scope. The bill does not exceed these enumerated powers.
Bill of Rights · passes
The bill does not infringe any of the first ten amendments. It does not restrict speech, religion, assembly, press, petition (the right to petition the government is preserved through other avenues), or the right to keep and bear arms. It does not authorize unreasonable searches or seizures, nor does it affect criminal procedure rights. Limiting judicial review of NEPA claims does not violate the First Amendment right to petition because NEPA is a statutory right, not a constitutional one, and Congress may define the scope of review for its own statutes.
Individual liberty · passes · severity: minor
The bill does not restrict what an individual may do with their own person, property, speech, labor, or belief. It reduces the regulatory burden on federal projects, which may indirectly increase individual freedom by allowing faster development. While it limits public comment and judicial review opportunities under NEPA, those are statutory participation rights, not constitutional liberties. The government has a compelling interest in efficient project delivery, and the burden remains on the government to justify any restriction on individual sovereignty—here, no such restriction exists.
Decentralization · passes
The bill passes all four questions of the decentralization test. (1) An individual or family cannot handle environmental review of major federal actions; that is inherently a government function. (2) Local communities could handle such reviews, but the bill does not prevent that—it allows substitution of state or tribal reviews. (3) States can handle environmental reviews, and the bill explicitly permits reliance on state environmental review statutes that meet NEPA requirements, thereby decentralizing authority. (4) The bill does not consolidate decision-making upward; it reduces the scope of federal NEPA review and allows lower levels of government to conduct equivalent reviews. Thus, it does not violate the Tenth Amendment.
Due process and takings · passes
The bill does not bypass due process or take property without just compensation. It preserves some judicial review of NEPA decisions, so affected parties still have a forum to challenge arbitrary agency action. The redefinition of 'major federal action' does not deprive anyone of property; it merely changes when an environmental document is required. The Takings Clause (Fifth Amendment) is not implicated because the bill does not authorize the taking of private property. Procedural due process is satisfied because the bill provides fair notice of the new standards and maintains a mechanism for review.
Provenance
- Congress.gov: HR 4776 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #394 | 2026-10-09 | vfa-constitutional-grade/1.0 | a1e54f4443d7 | current |
Cite this
Values for America. “Constitutional grade: H.R. 4776, SPEED Act.” VFA Constitution Index, grade 394 (rubric vfa-constitutional-grade/1.0), graded October 9, 2026. https://www.valuesforamerica.com/constitution-index/grades/394. Accessed 2026-10-20.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/394
Data: this grade as JSON · full export. Attribution required.