H.R. 10763 explained · 119th Congress · Pending in Congress
Know Your Risk Act
Cosponsors: none · per Congress.gov, 2026-10-15
Introduced: 2026-10-06
Latest action (2026-10-06): Referred to the House Committee on Energy and Commerce.
What H.R. 10763 does, in plain terms
The Congressional Research Service has not published a summary of H.R. 10763 yet. Its official title: “Know Your Risk Act”.
Constitution Index
“VFA Constitution grade”
Not graded yet
H.R. 10763 has not been graded yet. New measures with an official summary are graded daily under the published rubric.
The Framers
“Founders’ Verdict”
Confidence 1.00
SI-generated · automated checksSI-generated · passed automated checks (Constitution citation, source verification, independent SI critic) · not individually reviewed by a person · Report an error: hello@valuesforamerica.com
Synthesis
Under Article I, Section 8, Clause 3, the Know Your Risk Act, referred to the House Committee on Energy and Commerce, is constitutional only if confined to interstate commerce with a clear jurisdictional nexus. Congress may regulate disclosure of risk information that moves in or substantially affects commerce among the states, and under Article I, Section 8, Clause 18 may use means plainly adapted to that lawful end. That authority gives conservatives enumerated-powers discipline and federalism safeguards, and gives progressives uniform national disclosure where interstate risks cross state lines. The strongest objection is that a commerce referral alone could become an indefinite federal police power compelling speech or intruding on persons, homes, and records in violation of the First and Tenth Amendments and due process. That objection is answered by condition: duties must be defined, penalties must satisfy due process, speech compulsion must be avoided, and state police powers must be respected.
The proposed Know Your Risk Act, referred to the House Committee on Energy and Commerce, appears to concern interstate communication of risk information. Under Article I, Section 8, Clause 3, Congress may regulate commerce among the several states, which sustains uniform disclosure where the subject moves in or substantially affects such commerce, as defended in Federalist No. 11 and Federalist No. 22. Under Article I, Section 8, Clause 18, Congress may employ means plainly adapted to a lawful end, provided they are necessary and proper and not prohibited, per Federalist No. 33 and Federalist …
This proposed federal statute, known under title Know Your Risk, now rests before House Committee on Energy Commerce. Without text setting forth powers or objects, no strict construction judgment is proper. Where Congress legislates within enumerated powers, with no curb on speech or press or conscience, with no uncompensated seizure, with full due process, such power is sound. Where it exceeds enumerated powers, or compels speech, or intrudes on home or person, or seizes property or records, or erodes powers reserved to States or people, it is void.
As Madison I judge this measure by enumeration and by the extended system described in Federalist No. 10. Where the bill regulates commerce among the several States, Article I, Section 8 supplies authority, and Federalist No. 51 explains the need for precise division of that authority. Yet referral to Commerce alone does not establish that every risk disclosure touches interstate exchange. I hold it constitutional only if confined to interstate transactions, with clear objects, defined duties, and safeguards for state police powers under the Tenth Amendment and for speech and due process.
As Chief Justice, I hold the Constitution supreme over legislative will, and it is the duty of the Court to say what the law is. Congress may act only within its enumerated powers, though it may employ all means plainly adapted to a legitimate end under the Necessary and Proper Clause. A measure styled Know Your Risk Act, referred to Commerce, may be sustained if it regulates commerce among the States or effects a regulation thereof, as expounded in Gibbons v. Ogden, and employs means conducive to that end, per McCulloch. If it commands mere knowledge or conduct with no relation to an enumerat…
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