Risky Research Review Act

SI-generated grade · five published checks · not individually reviewed by a person · methodology

The Risky Research Review Act raises significant constitutional concerns. While the federal government has enumerated powers to fund and regulate research under the Spending Clause and Commerce Clause, the bill's creation of an independent board with broad authority to review and approve research, including pre-enactment awards, and its imposition of penalties on researchers and agency employees, implicates due process and individual sovereignty. The bill also centralizes decision-making at the federal level, failing the decentralization test. The bill is not a direct violation of the Bill of Rights, but it requires structural revisions to ensure due process and to limit federal overreach.

• ✓ Passes · Enumerated powers
  The federal government has authority to regulate and fund scientific research under Article I, Section 8, Clause 1 (Spending Clause) and Clause 3 (Commerce Clause). The bill's focus on high-risk life sciences research that could pose a significant threat to public health falls within the federal interest in interstate commerce and national security. However, the bill's reach into pre-enactment awa…
• ✓ Passes · Bill of Rights
  The bill does not directly infringe on the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, or Tenth Amendments. It does not restrict speech, religion, assembly, press, or petition. It does not involve search and seizure, self-incrimination, or cruel and unusual punishment. The bill's requirements for attestation and review are regulatory, not criminal, and do not implicate the …
• ✗ Concern · Individual sovereignty
  The bill restricts the freedom of researchers and institutions to conduct life sciences research without federal oversight. While the government has a compelling interest in preventing biosecurity threats, the bill's broad definition of 'high-risk' and the requirement for federal approval before funding could be used to restrict research that does not pose a significant threat. The burden is on th…
• ✗ Concern · Decentralization
  The bill fails the decentralization test. (1) An individual or family cannot handle high-risk life sciences research without government involvement, but (2) local communities and (3) states could potentially handle this research with their own oversight mechanisms. (4) The bill consolidates decision-making at the federal level by creating a new federal board to review all high-risk research, which…
• ✗ Concern · Due process and takings
  The bill raises due process concerns. It allows the board to review awards made before enactment, which could retroactively affect funding decisions. It also imposes disciplinary action on agency employees and loss of funding for researchers without clear procedural safeguards, such as notice and hearing. The bill's criteria for 'high-risk' are vague, and the board's determinations may be arbitrar…

Sources: Congress.gov: HR 1864 summary