S. 5379 explained  ·  119th Congress  ·  Pending in Congress

BIS STRENGTH Act

Create a free account or sign in to follow S. 5379 and get alerts. Policy area: Government Operations and Politics Create a free account or sign in to follow the Government Operations and Politics policy area and get alerts. ▲ 74 days since action Sponsor: Jon Husted, OH-Senate, R → Congress.gov

Cosponsors: 1 (1 D, 0 R) · per Congress.gov, 2026-10-14

Introduced: 2026-08-07

Latest action (2026-08-07): Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

What S. 5379 does, in plain terms

The Congressional Research Service has not published a summary of S. 5379 yet. Its official title: “BIS STRENGTH Act”.

Constitution Index

“VFA Constitution grade”

Not graded yet

S. 5379 has not been graded yet. New measures with an official summary are graded daily under the published rubric.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 1.00

Archived SI output (machine-generated)

No editorial review recorded. This historical SI verdict was machine-generated by software and predates the review desk; check it against the official bill text.

Synthesis

The bill is a constitutional exercise of Congress's power under the Necessary and Proper Clause (Article I, Section 8, Clause 18) to structure the executive branch and provide for the efficient execution of the laws, particularly in the areas of commerce and national security. The authority granted to the Under Secretary of Commerce for Industry and Security to attract highly qualified experts is a legitimate means to achieve these enumerated ends, does not violate the separation of powers, and is subject to the Appointments Clause (Article II, Section 2, Clause 2) to ensure proper officer appointment.

Hamilton YES

This bill is a proper exercise of Congress's power to structure the executive branch and to provide for the efficient execution of the laws. The authority granted to the Under Secretary of Commerce for Industry and Security to attract highly qualified experts is a necessary and proper means to carry into execution the commercial and national security powers vested in the federal government. The executive department must possess the flexibility to secure skilled personnel, for without such capability, the feeble administration of our laws would betray the public confidence. The Constitution doe…

Article I, Section 8, Clause 18 Article II, Section 2, Clause 2 Federalist No. 70
Jefferson YES

This bill, which empowers the Under Secretary of Commerce for Industry and Security to attract highly qualified experts, falls within the constitutional authority of the federal government to regulate commerce and provide for the common defense. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce with foreign nations and among the several states, and the Necessary and Proper Clause (Article I, Section 8, Clause 18) permits Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. Attracting ex…

Article I, Section 8, Clause 3 (Commerce Clause) Article I, Section 8, Clause 18 (Necessary and Proper Clause) Amendment X
Madison YES

This bill is constitutional. Congress possesses the power to establish executive departments and to authorize the hiring of personnel necessary to execute the laws, as derived from the Necessary and Proper Clause in conjunction with the Commerce Clause, which empowers Congress to regulate commerce with foreign nations and among the several states. The authority to attract highly qualified experts for the Under Secretary of Commerce for Industry and Security is a legitimate exercise of that power, as it aids the execution of the commerce power and the general administration of the executive bra…

Article I, Section 8, Clause 18 (Necessary and Proper Clause) Article II, Section 2, Clause 2 (Appointments Clause)
Marshall YES

The bill is a proper exercise of Congress's power under Article I, Section 8, Clause 18 to make all laws necessary and proper for carrying into execution the powers of the government. The authority to attract highly qualified experts is a means plainly adapted to the legitimate ends of regulating commerce and providing for the national security, as the Under Secretary of Commerce for Industry and Security administers laws related to these ends. As established in McCulloch v. Maryland (1819), the Constitution grants implied powers to the federal government to select appropriate means to achieve…

Article I, Section 8, Clause 18 McCulloch v. Maryland (1819) Marbury v. Madison (1803)
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