Real bill currently in Congress  c/o  S/119/5382

China AI Power Report Act

Policy area: International Affairs ▲ 28 days since action Sponsor: Jon Husted, OH-Senate, R → Congress.gov

Latest action (2026-08-07): Read twice and referred to the Committee on Foreign Relations.

The Framers

“Founders’ Verdict”

CONSTITUTIONAL

Confidence 1.00

Synthesis

The bill is a constitutional exercise of Congress's investigative and oversight powers under the Necessary and Proper Clause and its enumerated powers over national defense and foreign affairs.

Hamilton YES

This bill, requiring a report on the artificial intelligence power of the People's Republic of China, falls within the constitutional ambit of Congress to legislate on matters of national security and foreign affairs. The Constitution grants Congress the power to provide for the common defense and to regulate foreign commerce (Article I, Section 8, Clauses 1, 3, and 11). A report on a foreign adversary's technological capabilities is a necessary and proper means for Congress to inform itself and to exercise its enumerated powers, including the power to declare war and to raise and support armi…

Article I, Section 8, Clause 18 Article I, Section 8, Clause 11 Federalist No. 33 Federalist No. 23
Jefferson YES

This bill, requiring a report on the artificial intelligence capabilities of a foreign nation, falls within the enumerated powers of Congress to provide for the common defense and to regulate commerce with foreign nations. The Constitution vests in the federal government the authority to conduct foreign relations and gather intelligence necessary for the security of the Union. However, I caution that such a power must be strictly confined to its constitutional object and not be used as a pretext for expanding federal authority into domains reserved to the states or the people. The Tenth Amendm…

Article I, Section 8, Clause 1 (power to provide for the common defense) Article I, Section 8, Clause 3 (power to regulate commerce with foreign nations) Amendment X
Madison YES

This bill merely directs the executive branch to prepare and submit a report concerning a foreign nation's artificial intelligence capabilities. Such a measure falls squarely within the legislative power of Congress to conduct oversight, inform itself, and lay the groundwork for potential future legislation. The Constitution vests all legislative powers in Congress, and the necessary and proper clause (Article I, Section 8, Clause 18) authorizes Congress to employ means that are conducive to the exercise of its enumerated powers. Requiring a report is a modest and proper exercise of that autho…

Article I, Section 1 Article I, Section 8, Clause 18 Federalist No. 51
Marshall YES

This bill requires a report on the artificial intelligence capabilities of a foreign nation, which falls within the ambit of Congress's power to provide for the common defense and conduct foreign relations. The Necessary and Proper Clause (Article I, Section 8, Clause 18) authorizes Congress to enact laws that are necessary and proper for carrying into execution its enumerated powers, including the power to regulate commerce with foreign nations and to declare war. In McCulloch v. Maryland (1819), this Court affirmed that the federal government possesses implied powers beyond those expressly e…

Article I, Section 8, Clause 18 McCulloch v. Maryland (1819) Gibbons v. Ogden (1824)

What should pass

“AI Consensus Solution”

No solution yet

Daily synthesis runs at 06:00 UTC. This bill's consensus draft will appear on the next pass.

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