H.R. 10170 explained · 119th Congress · Pending in Congress
Memory Chip Competitiveness Assessment Act of 2026
Cosponsors: 1 (1 D, 0 R) · per Congress.gov, 2026-10-14
Introduced: 2026-08-27
Latest action (2026-09-16): Ordered to be Reported (Amended) by the Yeas and Nays: 45 - 0.
What H.R. 10170 does, in plain terms
Memory Chip Competitiveness Assessment Act of 2026 This bill requires the Department of Commerce to study and report on the advanced memory technology marketplace. Under the bill, advanced memory technology means semiconductor memory products manufactured using leading-edge process technologies and primarily designed for high-performance, high-bandwidth, or energy-efficient computing applications. The study must assess the advanced memory technology supply chain, the impact of market trends on the cost of end products, and mechanisms to increase supply (without acquiring products from North Korea, China, Russia, or Iran). Commerce must provide an opportunity for public comment on the report before finalizing it.
Official summary by the Congressional Research Service, via Congress.gov.
Constitution Index
“VFA Constitution grade”
Constitutionally sound
Graded 2026-10-17
SI-generated grade · five published checks · not individually reviewed by a person · methodology
This bill is a straightforward study-and-report mandate that does not regulate private conduct, restrict rights, or take property. It falls within Congress's enumerated power to regulate interstate and foreign commerce, imposes no burden on individual sovereignty, and leaves all decision-making at the federal level only for information-gathering, not for coercive action.
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✓ Passes · Enumerated powers
The bill directs the Department of Commerce to study the advanced memory technology marketplace and supply chain. This falls squarely within Congress's power under Article I, Section 8, Clause 3 (Commerce Clause) to regulate commerce with foreign nations and among the several states, as semiconductor memory products are articles of interstate and international commerce. The study is informational … -
✓ Passes · Bill of Rights
The bill requires no action from any private individual or entity that would implicate the First, Second, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. It does not restrict speech, assembly, press, religion, or petition; it does not authorize searches or seizures; it does not impose criminal penalties or cruel punishments. The public comment requirement is a procedural safegua… -
✓ Passes · Individual sovereignty
The bill imposes no restriction on what any person may do with their own person, property, speech, labor, or belief. It merely requires the government to study a market and produce a report. No individual is compelled to act or refrain from acting. The burden on government to justify a restriction is not triggered because no restriction exists. -
✓ Passes · Decentralization
This bill passes all four questions of the decentralization test. (1) An individual or family could not handle a nationwide assessment of the advanced memory technology marketplace; this is a matter of national industrial policy. (2) A local community or county could not handle such an assessment. (3) A state could not handle it because the supply chain and market are national and international in… -
✓ Passes · Due process and takings
The bill does not deprive any person of life, liberty, or property without due process. It does not impose fines, penalties, or forfeitures. It does not take private property for public use without just compensation. The public comment period provides procedural fairness for any interested parties who wish to contribute to the report.
Sources: Congress.gov: HR 10170 summary
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What should pass
“VFA SI Solution”
SI-generated · passed automated checks (Constitution citation, source verification, independent SI critic) · not individually reviewed by a person · Report an error: hello@valuesforamerica.com
Limited Memory Chip Study With Cost Cap and Sunset
Generated by VFA SI Solutions
Understand the market and supply chain for advanced memory chips and find ways to expand supply and lower costs for finished products.
Bipartisan rationale: VFA assesses this draft honors Democratic priorities for supply chain resilience, lower costs for finished goods, and open public input, while it honors Republican priorities for fiscal restraint, no new mandates on private firms, exclusion of sourcing from North Korea, China, Russia, or Iran, and a firm sunset with outside oversight.
Possible legislative path: House support may come from members focused on manufacturing and technology costs, with questions from members wary of study costs; Senate review may focus on trade security and fiscal restraint.
Source limits: The full bill text, current law, data collection powers, cost effects, and appeal rights are not in the official summary and should be verified at Congress.gov; public comment and outside review described here are new proposed safeguards, not confirmed existing rights.
Article I, Section 8, Clause 3 Article I, Section 8, Clause 18 Amendment V Amendment X
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