Real bill currently in Congress c/o HR/119/3029
Nucleic Acid Standards for Biosecurity Act
Latest action (2026-07-16): Placed on the Union Calendar, Calendar No. 654.
Official summary
Nucleic Acid Standards for Biosecurity Act This bill explicitly requires the National Institute of Standards and Technology (NIST) to support the development of best practices and technical standards for nucleic acid synthesis. Nucleic acids, including deoxyribonucleic acid (DNA) and ribonucleic acid (RNA) carry genetic information within cells. Nucleic acid synthesis is the process of designing and creating custom nucleic acids; it is used in the development of medications and agricultural products. However, this technology also poses a risk of misuse (e.g., the intentional or unintentional creation of dangerous biological agents). The bill requires NIST to carry out measurement research to support the development and improvement of biosecurity best practices and technical standards related to nucleic acid synthesis. This effort must address specified topics including nucleic acid synthesis screening, operational security, and conformity assessment. (A 2023 executive order titled Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence directed NIST to develop and refine similar specifications and best practices for use by synthetic nucleic acid providers. NIST's work on this topic is ongoing.) In carrying out this effort, NIST must convene stakeholders to develop and periodically update consensus priorities and best practices for synthetic nucleic acid screening mechanisms. Within a specified period, NIST must submit a summary of the stakeholder group’s findings to Congress. NIST must also take steps to advance risk management best practices and technical standards for engineering biology and biomanufacturing, including with respect to risks associated with the use of artificial intelligence.
The Framers
“Founders’ Verdict”
Confidence 0.75
Synthesis
The bill is constitutional as it falls within Congress's enumerated powers under the Commerce Clause (Article I, Section 8, Clause 3), the Patent and Copyright Clause (Article I, Section 8, Clause 8), the Weights and Measures Clause (Article I, Section 8, Clause 5), and the Necessary and Proper Clause (Article I, Section 8, Clause 18). The development of technical standards for nucleic acid synthesis by NIST is a legitimate means to promote scientific progress, regulate interstate commerce, and secure public welfare, without violating the Tenth Amendment.
This bill is a constitutional exercise of Congress's enumerated powers. The Commerce Clause (Article I, Section 8, Clause 3) grants Congress the authority to regulate interstate and international commerce. Nucleic acid synthesis is a commercial activity that often involves materials and products crossing state lines, and the development of uniform technical standards for biosecurity directly facilitates the smooth flow of such commerce while preventing harmful disruptions. Furthermore, the Patent and Copyright Clause (Article I, Section 8, Clause 8) empowers Congress to promote the progress of…
The Constitution enumerates only limited powers to the federal government. Nowhere does it authorize Congress to establish technical standards for nucleic acid synthesis or to direct the National Institute of Standards and Technology to engage in such activities. The promotion of science and the setting of standards for biosecurity are not among the enumerated powers in Article I, Section 8. The Tenth Amendment reserves all powers not delegated to the United States to the states or the people. While the Commerce Clause grants Congress authority over interstate commerce, the mere possibility th…
The bill authorizes the National Institute of Standards and Technology to develop technical standards and best practices for nucleic acid synthesis, a power that falls within the constitutional authority of Congress to fix the standard of weights and measures. This enumerated power, found in Article I, Section 8, Clause 5, has been understood to extend to a wide range of measurement standards necessary for commerce and public safety. Moreover, the regulation of synthetic nucleic acids implicates interstate commerce and the general welfare, as the misuse of such technology could pose dangers to…
This bill is constitutional as it falls within the enumerated powers of Congress to promote the progress of science and useful arts, and to regulate interstate commerce. The establishment of standards for nucleic acid synthesis is a necessary and proper means to secure the public welfare and prevent the misuse of technology that could affect interstate and foreign commerce. The Constitution vests Congress with the power to 'promote the Progress of Science and useful Arts' (Article I, Section 8, Clause 8) and to 'regulate Commerce with foreign Nations, and among the several States' (Article I, …
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.