USA Act

This bill directs the National Institute of Standards and Technology (NIST) and the Department of State to act, respectively, under the authority granted to Congress to promote the progress of science and useful arts (Article I, Section 8, Clause 8) and to conduct foreign affairs (Article II, Section 2, Clause 2, as executed through the Department of State). The legislation does not exceed the enumerated powers of Congress, nor does it violate any express limitation. It properly delegates to executive agencies the execution of policies that advance the general welfare and common defense by sec…

While promoting United States leadership in technical standards may serve the general welfare, this bill must be strictly examined under the enumerated powers doctrine. The Constitution grants Congress no express authority to direct scientific or technical standard-setting in the private sphere. Any such federal direction must be limited to those standards that necessarily and properly serve an enumerated power, such as regulating interstate commerce or securing patents and copyrights. The Tenth Amendment reserves to the States or to the people all powers not delegated to the United States, an…

The proposed legislation directs two federal departments to promote U.S. leadership in technical standards for emerging technologies. Under the Constitution, Congress may delegate to the Executive the authority to execute laws, provided the delegation is bounded by an intelligible principle and respects the separation of powers (see Article I, Section 1; Article II, Section 3). Furthermore, the Treaty Clause and the foreign commerce power (Article I, Section 8, Clause 3; Article II, Section 2, Clause 2) grant the federal government authority over international negotiations and standard-setting…

The Constitution vests in Congress the power to promote the progress of science and useful arts, and to regulate commerce with foreign nations. Directing the National Institute of Standards and Technology and the Department of State to encourage participation in developing technical standards for artificial intelligence and emerging technologies is a proper exercise of Congress's authority under the Commerce Clause, as it facilitates United States engagement in interstate and international commerce. Furthermore, such action is necessary and proper to carry into execution the express powers of …