Constitution Index · H.R. 856 · 2025-01-31
Safe and Smart Federal Purchasing Act
Latest official status (2025-03-04): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Constitutional grade
A
Constitutional
This bill is a routine congressional oversight measure directing the Office of Management and Budget to study and report on federal procurement practices. It does not expand federal power beyond existing authority, does not infringe on individual rights, and does not centralize decision-making beyond the federal government's established role in managing its own procurement. The bill is fully consistent with the Constitution.
Article I, Section 8, Clause 18 Article I, Section 8, Clause 1 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 explicit authority under Article I, Section 8, Clause 18 (the Necessary and Proper Clause) to make laws that are necessary and proper for executing its enumerated powers, including the power to regulate federal property and spending under Article I, Section 8, Clause 1 (the Spending Clause). Requiring a report on federal procurement is a legitimate exercise of Congress's oversight and legislative functions.
Bill of Rights · passes
The bill imposes no restriction on speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, takings, trial rights, or cruel and unusual punishment. It is a purely administrative reporting requirement that does not touch any protected right.
Individual liberty · passes
The bill does not restrict any individual's control over their person, property, speech, labor, or belief. It only directs a federal agency to evaluate its own procurement rules and report to Congress. No individual is compelled to act or refrain from acting.
Decentralization · passes
Federal procurement is inherently a federal function, and the bill does not consolidate decision-making at a higher level than necessary. The federal government already manages its own purchasing; this bill merely adds a reporting requirement. It does not shift authority from individuals, localities, or states to the federal government.
Due process and takings · passes
The bill does not deprive any person of life, liberty, or property, nor does it take private property for public use. It imposes no penalties, no adjudicative procedures, and no deprivation of rights. It is a simple reporting requirement that does not implicate the Due Process Clause or the Takings Clause of the Fifth Amendment.
Provenance
- Congress.gov: HR 856 summary · fetched 2026-10-08 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #563 | 2026-10-10 | vfa-constitutional-grade/1.0 | f9dd5bfdea42 | current |
Cite this
Values for America. “Constitutional grade: H.R. 856, Safe and Smart Federal Purchasing Act.” VFA Constitution Index, grade 563 (rubric vfa-constitutional-grade/1.0), graded October 10, 2026. https://www.valuesforamerica.com/constitution-index/grades/563. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/563
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