Real bill currently in Congress c/o S/119/5198
Build to Scale Reauthorization Act of 2026
Latest action (2026-07-30): Read twice and referred to the Committee on Commerce, Science, and Transportation.
The Framers
“Founders’ Verdict”
Confidence 0.60
Synthesis
The bill is constitutional under the Commerce Clause (Article I, Section 8, Clause 3), the Patent and Copyright Clause (Article I, Section 8, Clause 8), and the Necessary and Proper Clause (Article I, Section 8, Clause 18), as it promotes the progress of science and regulates interstate commerce. Congress has broad discretion to choose means to execute its enumerated powers, and the reauthorization of a regional innovation program is a proper exercise of that discretion, provided it remains tied to these constitutional foundations and does not infringe on state powers reserved by the Tenth Amendment.
This bill reauthorizes a regional innovation program under the Stevenson-Wydler Technology Innovation Act, which falls within Congress's power to promote the progress of science and useful arts, as well as to regulate interstate commerce. The Constitution grants Congress authority to provide for the general welfare and to make all laws necessary and proper for executing its enumerated powers. Federalist No. 23 argues that the federal government must possess powers commensurate with the objects of national concern, and promoting technological innovation is a matter of national economic interest…
The reauthorization of a regional innovation program extends federal authority into matters not enumerated in the Constitution. The promotion of technology and innovation, while commendable, is not a power delegated to the general government. The states themselves, as sovereign entities, are better suited to foster such local enterprises. To allow Congress to assume this role would be to expand its powers beyond the limited list provided in Article I, Section 8, thereby infringing upon the rights of the states and the people.
The Constitution vests in Congress the power to promote the progress of science and useful arts, as per Article I, Section 8, Clause 8, which grants authority over patents and copyrights. However, the general welfare clause (Article I, Section 8, Clause 1) must be strictly construed to mean only those powers specifically enumerated, not a general license to legislate for any purpose. A regional innovation program, if it involves direct federal funding or regulation of commerce among the states, may be permissible under the commerce power (Article I, Section 8, Clause 3) only if it regulates in…
This bill, which reauthorizes a regional innovation program, falls within the enumerated powers of Congress under Article I, Section 8, Clause 3, which grants Congress the power to regulate commerce among the several states, and under Clause 8, which empowers Congress to promote the progress of science and useful arts. The program, by fostering innovation and technology transfer, directly supports these constitutional objectives. Moreover, as established in McCulloch v. Maryland (1819), Congress possesses broad discretion in selecting the means to execute its enumerated powers, and the Necessa…
What should pass
“AI Consensus Solution”
Regional Innovation Reauthorization with Performance-Based Safeguards Act of 2025
To continue federal support for regional technology-based innovation clusters by reauthorizing the regional innovation program under the Stevenson-Wydler Technology Innovation Act, helping local research hubs create jobs and spur economic growth.
Bipartisan rationale: Honors Democratic priorities by maintaining robust federal investment in regional innovation ecosystems, particularly in underserved areas, and supporting workforce development through university-community partnerships. Honors Republican priorities by imposing a strict 5-year sunset, mandatory performance metrics, a 25% non-federal match requirement, and a full offset through administrative spending reductions, ensuring fiscal restraint and limited federal footprint.
Vote-count path: ~300 House votes: 180 D centrists + 120 R fiscal federalists; ~70 Senate votes: 50 D + 20 R from the Commerce and oversight-minded caucus.