HR 6938
Subject: Urgent Concerns Regarding H.R. 6938 and Its Infringement on Presidential Authority
Dear ( )
I am writing to express my profound concerns about H.R. 6938, the Commerce, Justice, Science; Energy and Water Development; and Interior and Environment Appropriations Act, 2026, which has passed both the House and Senate and awaits presidential action as of January 17, 2026. While intended to fund essential government operations for FY2026, this bill constitutes a blatant overreach by Congress, imposing excessive restrictions that undermine the President's constitutional authority to execute laws, manage executive agencies, and conduct foreign policy. By mandating congressional notifications, approvals, and prohibitions on fund use, the legislation micromanages executive functions, threatening the balance of powers and our nation's ability to respond agilely to domestic and international challenges.
Violations of Presidential Powers Through Specific Bill Provisions
H.R. 6938 is replete with provisions across its divisions that curtail executive discretion, particularly in areas of national security, energy policy, environmental management, and justice administration. These restrictions often require advance notifications or approvals from congressional committees, effectively granting Congress veto power over routine executive decisions.
In Division A (Commerce, Justice, Science, and Related Agencies), several sections limit the President's ability to allocate resources flexibly:
Section 103 caps transfers at 5% of any appropriation, with no single increase exceeding 10%, and treats such actions as reprogrammings under Section 505, which demands 15- to 30-day advance notifications to congressional committees for capital assets or program changes. This hampers the Department of Commerce's ability to adapt to emerging economic or technological needs, such as in NOAA's operations.
Section 505 (cross-referenced throughout) requires 30-day notifications for any reprogramming that creates or eliminates programs, increases funds or personnel by more than $500,000 or 5%, or relocates offices—directly impeding administrative management in agencies like the FBI, DOJ, and NIST, where emergent needs (e.g., litigation or security threats) demand swift action.
In the Department of Justice subsections, Title II prohibits transfers for specific programs without treating them as reprogrammings (e.g., no transfers under Section 205 for FBI salaries), and mandates spending plans submitted to committees, restricting the executive's implementation of law enforcement priorities.
Division B (Energy and Water Development) extends these encroachments into critical infrastructure and national security:
Section 101(a) prohibits reprogrammings for new or eliminated programs in the Corps of Engineers, capping increases at 15-25% with strict limits (e.g., $3M for construction), and requires 60-day reports on baselines—limiting the President's oversight of water projects and emergency responses.
Section 306 bans Strategic Petroleum Reserve (SPR) drawdowns or sales to entities influenced by the Chinese Communist Party or exports to China, constraining the President's foreign policy tools in energy diplomacy and crisis management.
Section 307(a) and Section 308 further restrict awards over $10M to "entities of concern" and prohibit admission of Russian or Chinese citizens to nuclear facilities without 30-day notifications, interfering with executive decisions on international collaboration and security.
In Division C (Interior, Environment, and Related Agencies):
Section 201(a-c) bars reprogrammings for new programs or increases over 15%/$500,000 in the Department of the Interior, with quarterly reports required—undermining efficient management of public lands and resources.
Section 301(a-g) in the Department of Energy prohibits initiating programs without full funding, demands 3- to 30-day notifications for grants or reprogrammings over $5M/10%, and bans creating or eliminating programs without congressional approval, severely limiting policy implementation in energy sectors.
General provisions like Section 409 require notifications for land acquisitions, and Section 421 mandates approvals for any reprogramming, extending congressional control over environmental and interior policies.
These measures collectively tie the executive's hands, preventing proactive adjustments in response to evolving threats in energy security, environmental protection, and foreign relations.
Constitutional Violations
Such provisions flagrantly violate Article II of the U.S. Constitution, which vests executive power in the President:
Article II, Section 2 empowers the President to conduct foreign affairs and serve as Commander in Chief. Restrictions like those in Sections 306-308 on SPR sales and international access to facilities encroach on this authority, limiting diplomatic leverage and national security decisions that should remain executive prerogatives.
Article II, Section 3 obligates the President to "take Care that the Laws be faithfully executed." The bill's pervasive reprogramming limits (Sections 101, 201, 301, 505) and notification requirements subject executive implementation to congressional micromanagement, transforming appropriations into a mechanism for ongoing legislative interference rather than mere funding.
Although Congress holds appropriations authority under Article I, Section 9, H.R. 6938 exceeds this by imposing granular controls that blur separation of powers, akin to unconstitutional line-item vetoes in reverse—allowing Congress to dictate executive operations without formal legislation.
Congressional Overreach as a Threat to Democracy and Sovereignty
This legislative overreach endangers our democracy by fostering gridlock and weakening the executive's capacity to safeguard national interests. By requiring constant congressional approvals, the bill slows responses to crises, from energy shortages to environmental emergencies, thus compromising U.S. sovereignty in a volatile global landscape.
President George Washington's Farewell Address of 1796 presciently warned of such dangers, particularly in party divisions and foreign entanglements that this bill exacerbates. On partisan splits, Washington cautioned: "The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension... is itself a frightful despotism." The bill's passage amid heated FY2026 budget debates, with cuts to non-defense spending and "poison pill" avoidance claims, reflects this factionalism, using appropriations as a weapon that erodes unified governance and public confidence.
In foreign affairs, Washington advised: "It is our true policy to steer clear of permanent alliances with any portion of the foreign world," highlighting the "trials of foreign affairs" that could ensnare the nation. Provisions like Section 306's bans on China-related energy transactions entangle executive policy in rigid congressional mandates, potentially provoking international tensions without presidential flexibility—precisely the foreign policy pitfalls Washington identified and warned against, risking our sovereignty through inflexible commitments.
Call to Action
I implore you to oppose or seek amendments to H.R. 6938 to preserve constitutional balance. Our nation's strength depends on an empowered executive free from undue legislative intrusion. Let us heed Washington's warnings to protect democracy from internal divisions and external vulnerabilities.
Thank you for considering this urgent issue. I await your response.
