Values for America · Brief for congressional offices

To the office of U.S. Representative Robin L. Kelly

Re: HR 2001 (119th Congress), Action for Dental Health Act · Latest action (2026-07-21): Received in the Senate and Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
VFA SI Solution #187 · published 2026-07-22 · https://www.valuesforamerica.com/solutions/187
Office of record (Congress.gov): 2329 Rayburn House Office Building, Washington, DC · (202) 225-0773

State Dental Access Partnership Act of 2025

The measure, as described from the official record: Expand access to dental care for underserved populations, including low-income children, seniors, and rural communities, through federal grants and programs.

The proposal

This Act provides voluntary federal grants to states for the purpose of improving access to dental care. Each state may submit a plan to the Secretary of Health and Human Services (HHS) detailing how it will use the funds to expand dental services in areas with a shortage of dental providers, including school-based sealant programs, mobile dental clinics, teledentistry, and loan repayment for dentists working in underserved areas. The Secretary shall approve plans that meet criteria specified in this Act, and shall distribute funds proportionally to state population and poverty rates. No state is required to accept funds or to implement programs beyond those it voluntarily chooses. States that accept funds must report annually on outcomes, including number of patients served and cost per visit. Money not used within three years shall be returned to the Treasury. The Act is funded by a 0.5% surcharge on the federal excise tax on sugary drinks and sweetened beverages, generating an estimated $250 million per year. The program sunsets after five years, unless reauthorized by Congress. Oversight is conducted by the HHS Office of Inspector General, which may audit state programs and recover funds used for non-approved purposes. The effective date is 90 days after enactment.

Operative provisions (VFA proposal)

funding source: 0.5% surcharge on the federal excise tax on sugary drinks and sweetened beverages (26 U.S.C. § 4131).
funding amount: $250 million per year, capped at $1.25 billion over five years.
sunset years: 5 years
oversight body: HHS Office of Inspector General, with annual reports to Congress.
enforcement mechanism: If a state uses funds for purposes not approved in its plan, the Secretary shall recover the misspent amount plus interest. States may appeal through administrative procedures.
effective date: 90 days after enactment.

Constitutional basis

Article I, Section 8, Clause 1 (Spending Power – Congress may provide for the general welfare through conditional grants).
Tenth Amendment (Powers not delegated to the United States are reserved to the States; this bill respects that by making participation voluntary).
Fifth Amendment Due Process (no federal commandeering of state resources; states retain discretion).

Concerns with the measure as written:

The original bill may impose direct federal mandates on states, violating the Tenth Amendment by commanding state governments to implement specific dental programs.
If the original bill creates new federal regulatory authority over dental practice, it may exceed the Commerce Clause limits as interpreted in NFIB v. Sebelius (2012).
Potential unfunded mandates on states without clear spending power nexus.

Why both sides can back it (VFA’s assessment)

Democrats prioritize expanding dental access to low-income communities and children; this bill targets those populations through state-led programs. Republicans prioritize state flexibility, limited federal spending, and a sunset clause; this bill is a voluntary grant program with no federal mandates, funded by a sin tax on sugary drinks, and expires after five years, allowing review and potential discontinuation.

Values for America is a nonpartisan, constitution-first SI think tank. This brief is informational. It is a policy proposal, not law, and it does not support or oppose any candidate or party. Full analysis and sources: https://www.valuesforamerica.com/solutions/187 · Methodology: https://www.valuesforamerica.com/methodology