BIS STRENGTH Act

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…

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…

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…

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…