PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on Energy and Commerce.
Congressional Research Service
No official summary is available in the imported record yet.
People & committees
Rep. Pfluger, August [R-TX-11] · R–TX
Legislative record
A procedural vote is different from passage. Passage in one chamber does not establish enactment. Explore the glossary.
Referred to the House Committee on Energy and Commerce.
Introduced in House
Introduced in House
Primary sources
Text links open the official source. We also preserved the text version used in the PlainBill explanation below.
No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.
Source last updated: Sep 22, 2026. Consult Congress.gov for the current record.
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PlainBill explanation
Based on the full Introduced in House · 2026-08-31 text. This explanation has not received human editorial review. This overview describes the proposal’s major provisions; it does not establish what its real-world effects would be.
The proposed Biosecurity Modernization and Innovation Act would cover persons operating in interstate or foreign commerce who synthesize and sell nucleic acids—genetic material—or supply equipment for synthesizing them, subject to an internal-use exception. For nucleic acid sequences they make available in interstate or foreign commerce, covered entities would have to verify buyers’ identities and purposes and identify “covered sequences,” which the Secretary would designate for a list. Entities would have to establish risk-based criteria for refusing sales of covered sequences and notify the Secretary when they reasonably believe a buyer or prospective buyer is likely to use one in a way that poses a high risk to U.S. national security or to people’s security and safety in the United States.
This Act may be cited as the Biosecurity Modernization and Innovation Act.
(2) Covered entity (A) In general The term covered entity means a person operating in interstate or foreign commerce who— (i) synthesizes and sells nucleic acids to a person in the United States or in a foreign country; or (ii) produces, distributes, sells, or resells equipment for synthesizing nucleic acids, including a benchtop nucleic acid synthesizer, to persons in the United States or in a foreign country. (B) Exception Subparagraph (A) does not apply to the extent a person produces, distributes, sells, or resells synthetic acids within a commercial entity solely for the internal use of such commercial entity.
A covered entity shall establish a program of reasonable administrative and technical protocols to carry out, with respect to any nucleic acid sequence made available in interstate or foreign commerce by such covered entity, the following requirements: (1) Verify the identity of any buyer or prospective buyer of such a nucleic acid sequence, including with respect to any such nucleic acid sequence generated by a benchtop nucleic acid synthesizer. (2) Establish the purpose for which any such buyer or prospective buyer seeks to obtain any such nucleic acid sequence. (3) Identify whether such a nucleic acid sequence, including any such nucleic acid sequence generated by a benchtop nucleic acid synthesizer, is a covered sequence as determined by the Secretary under paragraph (1)(A) of subsection (e), and on the list established and made available under paragraph (1)(C) of such subsection. (4) Establish risk-based criteria for refusing the sale of a covered sequence to a buyer, prospective buyer, or any combination thereof, and document each instance of refusal by the covered entity in accordance with such criteria. (5) Provide timely notification to the Secretary if the covered entity has a reasonable belief that such a buyer or prospective buyer is likely to use a covered sequence in a manner that poses a high risk to the national security of the United States or to the security and safety of persons in the United States.
(f) Covered sequence list (1) In general Not later than 180 days after the date of the enactment of this Act, and regularly thereafter, the Secretary, in consultation with the relevant heads of other Federal departments, agencies, or offices, as appropriate, shall carry out the following: (A) A determination of whether a nucleic acid sequence is a covered sequence. (B) If the Secretary makes a determination that a nucleic acid sequence is a covered sequence, make available to covered entities a statement that explains the basis for such determination, including any basis specified in paragraph (2), as applicable. (C) Establish and make available to covered entities a list that includes any such covered sequence.
Coverage would include persons operating in interstate or foreign commerce who synthesize and sell nucleic acids or produce, distribute, sell, or resell equipment for doing so. An exception would apply to specified activities involving “synthetic acids” within a commercial entity solely for its own internal use; that phrase is not defined in the supplied text.
(2) Covered entity (A) In general The term covered entity means a person operating in interstate or foreign commerce who— (i) synthesizes and sells nucleic acids to a person in the United States or in a foreign country; or (ii) produces, distributes, sells, or resells equipment for synthesizing nucleic acids, including a benchtop nucleic acid synthesizer, to persons in the United States or in a foreign country. (B) Exception Subparagraph (A) does not apply to the extent a person produces, distributes, sells, or resells synthetic acids within a commercial entity solely for the internal use of such commercial entity.
The bill’s definition of a “benchtop nucleic acid synthesizer” would cover a product, device, or integrated system in interstate or foreign commerce that can generate a new sequence at an end user’s direction or without requiring that user to order its generation from another covered entity. It must be intended for distribution to or use by end users other than its developer, but its physical size would not matter.
The term benchtop nucleic acid synthesizer means a product, device, or integrated system in interstate or foreign commerce that is— (A) capable of generating de novo a nucleic acid sequence— (i) at the direction of an end user of such product, device, or system; or (ii) without requiring an end user of such product, device, or system to submit to another covered entity an order to perform the generation of such nucleic acid sequence; and (B) intended for distribution to, or use by, end users other than the developer of the product, device, or system, regardless of the physical dimensions of such product, device, or system.
For nucleic acid sequences they make available in interstate or foreign commerce, covered entities would need reasonable administrative and technical procedures to verify buyers and prospective buyers, establish their purposes, and check whether sequences are designated covered sequences. These checks would include sequences generated by benchtop equipment and would not be limited to buyers already known to pose a risk. Section 2(a)(3) refers to subsection (e) for determinations and the list, although the corresponding provisions appear in subsection (f); the supplied text leaves that cross-reference inconsistent.
A covered entity shall establish a program of reasonable administrative and technical protocols to carry out, with respect to any nucleic acid sequence made available in interstate or foreign commerce by such covered entity, the following requirements: (1) Verify the identity of any buyer or prospective buyer of such a nucleic acid sequence, including with respect to any such nucleic acid sequence generated by a benchtop nucleic acid synthesizer. (2) Establish the purpose for which any such buyer or prospective buyer seeks to obtain any such nucleic acid sequence. (3) Identify whether such a nucleic acid sequence, including any such nucleic acid sequence generated by a benchtop nucleic acid synthesizer, is a covered sequence as determined by the Secretary under paragraph (1)(A) of subsection (e), and on the list established and made available under paragraph (1)(C) of such subsection.
(f) Covered sequence list (1) In general Not later than 180 days after the date of the enactment of this Act, and regularly thereafter, the Secretary, in consultation with the relevant heads of other Federal departments, agencies, or offices, as appropriate, shall carry out the following: (A) A determination of whether a nucleic acid sequence is a covered sequence. (B) If the Secretary makes a determination that a nucleic acid sequence is a covered sequence, make available to covered entities a statement that explains the basis for such determination, including any basis specified in paragraph (2), as applicable. (C) Establish and make available to covered entities a list that includes any such covered sequence.
Entities would have to establish risk-based criteria for refusing sales of covered sequences and document each refusal under those criteria. They would also have to provide timely notification to the Secretary when they reasonably believe a buyer or prospective buyer is likely to use a covered sequence in a way that poses a high risk to U.S. national security or to people’s security and safety in the United States.
(4) Establish risk-based criteria for refusing the sale of a covered sequence to a buyer, prospective buyer, or any combination thereof, and document each instance of refusal by the covered entity in accordance with such criteria. (5) Provide timely notification to the Secretary if the covered entity has a reasonable belief that such a buyer or prospective buyer is likely to use a covered sequence in a manner that poses a high risk to the national security of the United States or to the security and safety of persons in the United States.
Entities would need regular independent compliance assessments, which could include adversarial testing, third-party certifications, independent internal or external audits, or examination by the Secretary. They would have to retain records demonstrating compliance for at least five years, “as practicable.”
(6) Ensure regular independent assessment of compliance by the covered entity with paragraphs (1) through (5) and paragraph (7), including through adversarial testing, third-party certifications, independent internal or external audits, direct examination by the Secretary, or any combination thereof. (7) Maintain records sufficient to demonstrate to the Secretary compliance with the requirements described in paragraphs (1) through (6) for a period of not less than 5 years, as practicable.
Within 180 days after enactment, the Secretary would have to issue guidance on compliance methods, independent assessments, and the timing and manner of risk notifications. Guidance on enforcement priorities would be due within one year. Both would require the covered public-comment process. These guidance documents could not create rights or bind the Secretary or people addressed by them.
Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with relevant heads of other Federal departments, agencies, or offices, as appropriate, shall issue guidance that identifies the following: (A) Approaches, best practices, frameworks, and methods that may be implemented, alone or in combination, by a covered entity to satisfy the requirements under subsection (a). (B) How a covered entity may ensure regular independent assessment of compliance as described in paragraph (6) of such subsection. (C) What constitutes a timely notification under paragraph (5) of such subsection, including by when and in what manner a covered entity is required to provide such a notification to the Secretary.
(2) Enforcement plan Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue guidance relating to the priorities of the Secretary for enforcing the requirements under subsection (a). (3) Process Any guidance issued by the Secretary under paragraphs (1) and (2) shall be developed through a covered process. (4) No conferring of rights or binding effect Any guidance issued by the Secretary under paragraphs (1) and (2) may not confer any rights on any person, State, or locality or bind the Secretary or any person recommended in such guidance.
Whenever the bill requires a “covered process,” the Secretary would have to request feedback through the Federal Register, allow at least 60 days for public comment, make comments not marked confidential available for public inspection, and demonstrate consideration of the comments.
The term covered process means, with respect to the implementation of a requirement under this section, a process by which the Secretary— (A) publishes in the Federal Register a request for public feedback on the matters described in such provision; (B) provides the public with an opportunity to comment on the matters described in subparagraph (A) for a period of not less than 60 days; (C) ensures that public comments made under subparagraph (B) that are not marked confidential are available for public inspection; and (D) demonstrates consideration of any such public comments with respect to such implementation.
Within 180 days after enactment, using the public-comment process, the Secretary would have to establish ways to receive risk notifications, coordinate identification of buyers or prospective buyers splitting orders across multiple entities to obtain or synthesize a covered sequence, and provide direct compliance examinations when an entity requests one.
(c) Notification, coordination, and direct examination Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a means, using a covered process, for the Secretary to carry out the following: (1) Accept a notification provided by a covered entity under paragraph (5) of subsection (a). (2) Facilitate coordination with covered entities and stakeholders to identify a buyer, prospective buyer, or any combination thereof, that has split orders across two or more covered entities with the purpose of obtaining or synthesizing a covered sequence. (3) At the request of a covered entity, provide direct examination to carry out the requirement under paragraph (6) of such subsection.
Within one year after enactment, the Secretary would have to begin regular consultation with stakeholders, including academia and the private sector. Topics would include improving screening and assessments; how a covered entity may offer expedited review to its own previous buyers after that entity has completed their identity and purpose checks; identifying sequences with low potential for misuse or high security or safety risks; and reducing misuse of benchtop equipment.
Not later than 1 year after the date of the enactment of this Act, the Secretary shall, in consultation with the relevant heads of other Federal departments, agencies, or offices, as appropriate, regularly consult with stakeholders, including persons from academia and the private sector, to identify the approaches, best practices, frameworks, and methods under subsection (b)(1)(A), including related to the following: (A) Improving the accuracy, efficiency, and reliability of any administrative and technical protocols required under subsection (a), including with respect to the independent assessment requirement under paragraph (6) of such subsection. (B) How a covered entity may offer an expedited review process to a previous buyer of such covered entity with respect to which the covered entity has carried out the requirements under paragraphs (1) and (2) of subsection (a). (C) How the Secretary and any covered entity may identify nucleic acid sequences with a low potential for misuse. (D) How the Secretary and any covered entity may identify nucleic acid sequences, including novel nucleic acid sequences, that may be used in a manner that would pose a high risk to the national security of the United States or to the security and safety of persons in the United States. (E) Mitigate any risk related to misuse of benchtop nucleic acid synthesizers.
A report on the compliance approaches identified through consultation would be due to the House Energy and Commerce Committee and the Senate Commerce, Science, and Transportation Committee within two years after enactment, then annually for six years. It would have to be developed through the public-comment process.
(2) Report Not later than 2 years after the date of the enactment of this Act, and annually thereafter for 6 years, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report— (A) developed through a covered process; and (B) that includes information related to any approaches, best practices, frameworks, or methods identified under paragraph (1).
A separate public report would assess U.S. biotechnology competitiveness, including nucleic acid manufacturing, and the ability to reduce national-security risks from covered sequences manufactured and sold in interstate or foreign commerce. It would include any related legislative recommendations. The report would be due within two years after enactment and every two years thereafter for six years, use the public-comment process, and go to the two named congressional committees before publication.
(e) Report and recommendations (1) In general Not later than 2 years after the date of the enactment of this Act, and every 2 years thereafter for 6 years, the Secretary shall publish on a publicly available website a report that includes the following: (A) An assessment on the following: (i) The economic competitiveness of the United States with respect to biotechnology, including the manufacturing of nucleic acids. (ii) The ability of the Secretary, covered entities, and any other relevant entity to mitigate any national security risk related to covered sequences manufactured and sold in interstate or foreign commerce. (B) Any legislative recommendation related to the following: (i) Advancing such competitiveness. (ii) Mitigating any such national security risk. (2) Public consultation In carrying out paragraph (1), the Secretary shall use a covered process. (3) Congressional notification Prior to publishing a report under paragraph (1), the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate such report.
Within 180 days after enactment and regularly afterward, the Secretary would have to determine whether sequences are covered and establish and make available to covered entities a list of covered sequences. When the Secretary determines that a sequence is covered, the Secretary would have to make an explanation of that determination available to covered entities. Access to statements and lists for other stakeholders would follow a procedure that avoids unacceptable risks to U.S. national security or to the security and safety of United States persons.
(f) Covered sequence list (1) In general Not later than 180 days after the date of the enactment of this Act, and regularly thereafter, the Secretary, in consultation with the relevant heads of other Federal departments, agencies, or offices, as appropriate, shall carry out the following: (A) A determination of whether a nucleic acid sequence is a covered sequence. (B) If the Secretary makes a determination that a nucleic acid sequence is a covered sequence, make available to covered entities a statement that explains the basis for such determination, including any basis specified in paragraph (2), as applicable. (C) Establish and make available to covered entities a list that includes any such covered sequence. (D) Establish a procedure to make any such statement and such list available to stakeholders in a manner that does not pose an unacceptable risk to the national security of the United States or the security and safety of United States persons.
A covered-sequence determination would have to rest on at least one listed basis: another federal agency head’s assessment, a public or covered-entity submission, or the Secretary’s determination of an imminent or highly likely use posing unacceptable security or safety risks. The provision refers to submissions under paragraph (3)(A), which addresses updates, while the submission procedure appears in paragraph (3)(B). The intended operation of that cross-reference is uncertain.
(2) Basis A determination under paragraph (1)(A) shall be based on one or more of the following: (A) An assessment by the head of any other Federal agency, including a relevant national security agency or public health agency. (B) A submission by a member of the public or a covered entity under paragraph (3)(A). (C) A determination by the Secretary that a nucleic acid sequence poses an imminent or high likelihood of use in such a manner that it poses an unacceptable risk to the national security of the United States or the security and safety of United States persons.
(3) Updates (A) In general The Secretary shall update, as the Secretary determines appropriate, any list established and made available to covered entities under subparagraph (C) of paragraph (1), and any statement or list made available to stakeholders pursuant to the procedure established under subparagraph (D) of such paragraph, including in response to a novel nucleic acid sequence. (B) Submission process Not later than 180 days after the date of the enactment of this Act, the Secretary shall, through a covered process, establish a process for the following:
The Secretary would update lists and stakeholder materials as deemed appropriate, including in response to novel sequences. Within 180 days after enactment, the Secretary would have to establish a publicly consulted process for public recommendations to add, remove, or change listings and for covered entities to request reviews and submit supporting evidence.
(3) Updates (A) In general The Secretary shall update, as the Secretary determines appropriate, any list established and made available to covered entities under subparagraph (C) of paragraph (1), and any statement or list made available to stakeholders pursuant to the procedure established under subparagraph (D) of such paragraph, including in response to a novel nucleic acid sequence. (B) Submission process Not later than 180 days after the date of the enactment of this Act, the Secretary shall, through a covered process, establish a process for the following: (i) A member of the public to submit to the Secretary a recommendation related to adding a nucleic acid sequence to, removing a covered sequence from, or otherwise modifying any list established and made available to covered entities under subparagraph (C) of paragraph (1), and any statement or list made available to stakeholders pursuant to the procedure established under subparagraph (D) of such paragraph. (ii) A covered entity to carry out the following: (I) Submit to the Secretary a request for the Secretary to review the inclusion of a covered sequence in any list established and made available to covered entities under subparagraph (C) of paragraph (1), and any statement or list made available to stakeholders pursuant to the procedure established under subparagraph (D) of such paragraph, to remove the covered sequence from, or otherwise modify, such list or statement. (II) Submit evidence to the Secretary related to such request.
Information related to submissions under the list-review process would be treated as trade-secret and commercial or financial information exempt from disclosure under the cited federal provision. Submitters would also have to be offered the option to request that their information not be published or disclosed in a form that identifies them or allows their identity to be reasonably inferred. The referenced law is not supplied, so this describes the bill’s express treatment without determining how it would change existing disclosure obligations.
(C) Confidentiality Any information related to a recommendation, request, or evidence submitted pursuant to the process established under subparagraph (B) shall be treated as a trade secret and commercial or financial information, and shall be exempt from disclosure, under section 552(b)(4) of title 5, United States Code. (D) Option to request nondisclosure In carrying out subparagraph (B), the Secretary shall offer any member of the public or covered entity that utilizes the process established under such subparagraph the ability to request that any information related to a recommendation, request, or evidence submitted pursuant to such process is not published or disclosed in any identifiable form, including any publication or disclosure of any such information that would allow the identity of the member of the public or covered entity to be reasonably inferred.
The Secretary would have to send the sequence list to the two named congressional committees at least five days before establishing and making it available or adding, removing, or otherwise changing entries. The committees could request a briefing.
(4) Congressional notification With respect to any list established and made available to covered entities under subparagraph (C) of paragraph (1), and any statement or list made available to stakeholders pursuant to the procedure established under subparagraph (D) of such paragraph, the Secretary shall— (A) at least 5 days before establishing and making available such a list under such paragraph, or adding a nucleic acid sequence to, removing a covered sequence from, or otherwise modifying such list, submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate such list; and (B) provide to such committees a briefing related to such list, upon request by such committees.
To enforce the screening and compliance duties, the Secretary would be authorized to require, inspect, and compel records and other information from covered entities; compel testimony or production of records by subpoena; administer oaths or affirmations; and investigate inside and outside the United States.
(g) Enforcement (1) Authority The Secretary shall have the authority to carry out any of the following to enforce subsection (a): (A) Require, inspect, and compel the provision of any physical and electronic records and any other information from such covered entity. (B) Administer oaths or affirmations and require any person to appear and testify or to appear and produce any such record or other information by subpoena. (C) Conduct investigations within the United States and outside the United States.
The Secretary could bring a civil case in federal district court for a violation of subsection (a), seeking appropriate relief including penalties or an injunction. The maximum penalty would be $750,000 per violation, adjusted each January 1 for any increase in the specified consumer-price index during the preceding 12 months.
(2) Civil actions (A) In general The Secretary may commence a civil action against a covered entity for a violation of subsection (a) in any district court of the United States for appropriate relief, including— (i) the penalty described under subparagraph (B); or (ii) an injunction. (B) Penalty The penalty for a violation of subsection (a) may not exceed $750,000 per violation (as adjusted on January 1 each year by the percentage increase, if applicable, in the consumer price index for all urban consumers published by the Bureau of Labor Statistics with respect to the 12-month period preceding the date of such adjustment).
Before suing, the Secretary would have to give written notice describing the alleged violation and the relevant requirement, then wait at least 30 days. Fixing the alleged violation within 30 days would require the Secretary to treat the subsection (a) requirements as satisfied for that entity. A lawsuit could follow failure to fix it or a later repeat violation of the same requirement.
(C) Right to cure (i) In general The Secretary may initiate a civil action under subparagraph (A) only if— (I) the Secretary has provided to the relevant covered entity a written notice that describes the alleged violation and identifies the provision under subsection (a) related to such alleged violation; and (II) at least 30 days have passed since the date on which such written notice was so provided. (ii) Effect of cure If a covered entity that receives a written notice under clause (i)(I) cures the alleged violation described in such notice not later than 30 days after the date on which such covered entity was provided such notice, the Secretary shall consider the requirements under subsection (a) as satisfied with respect to such covered entity. (iii) Failure to cure After carrying out clause (i), the Secretary may initiate an action under subparagraph (A)— (I) if the relevant covered entity fails to cure the alleged violation described in the written notice provided pursuant to clause (i)(I); or (II) if, after the curing the alleged violation as specified in clause (ii), the covered entity violates the relevant provision under subsection (a) again.
The Secretary could not bring a civil case solely because an entity fulfilled the statutory duties in a way inconsistent with the compliance guidance.
(3) Relation to guidance The Secretary may not commence a civil action under paragraph (2) solely on the basis that a covered entity has carried out the requirements under subsection (a) in a manner that is inconsistent with any guidance issued under subsection (b)(1).
The proposed subsection (a) requirements would supersede voluntary federal guidelines or recommendations on screening nucleic acid sequences made available in interstate or foreign commerce that were in effect before enactment. No specific existing guideline or recommendation is supplied for comparison.
(h) Relationship with other Federal guidelines and recommendations The requirements in subsection (a) shall supersede any Federal guideline or recommendation related to the screening of nucleic acid sequences made available in interstate or foreign commerce if such guideline or recommendation is voluntary and in effect before the date of the enactment of this Act.
States and local governments would be barred from prescribing, maintaining, or enforcing binding provisions to the extent those provisions are covered by a requirement in subsection (a). The bill would preserve their laws on contract, tort, or product liability; consumer protection, data privacy, or data security; generally applicable laws relating to public health; and state or local procurement or use of nucleic acids or sequences.
(i) Preemption (1) In general No State or political subdivision of a State may prescribe, maintain, or enforce any law, rule, regulation, requirement, standard, or other provision having the force and effect of law to the extent such law, rule, regulation, requirement, standard, or other provision is covered by a requirement under subsection (a). (2) Exception Notwithstanding paragraph (1), nothing in this Act may be construed to preempt any law, rule, requirement, or regulation of a State, or political subdivision of a State, with respect to any of the following: (A) Contract, tort, or product liability. (B) Consumer protection, data privacy, or data security. (C) Any such generally applicable law, rule, requirement, or regulation of a State, or a political subdivision of a State, as it relates to public health. (D) The procurement or use of nucleic acids or nucleic acid sequences by a State or a political subdivision of a State.
The bill would not itself prohibit a covered entity from synthesizing a nucleic acid sequence or producing equipment for synthesizing nucleic acids, including benchtop equipment.
(j) Rule of construction Nothing in this Act may be construed to prohibit a covered entity from synthesizing a nucleic acid sequence or prohibit a covered entity from producing equipment for synthesizing a nucleic acid, including a benchtop nucleic acid synthesizer.
The screening and compliance duties in subsection (a) would take effect one year after enactment. The Commerce Secretary, acting through the Office of the Secretary, would administer the section.
(k) Effective date The requirement under subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act.
(4) Secretary The term Secretary means the Secretary of Commerce, acting through the Office of the Secretary.
The supplied actions snapshot, updated September 22, 2026, records introduction in the House and referral to the House Committee on Energy and Commerce on August 31, 2026. It does not establish subsequent legislative action or enactment.
Source snapshot updated 2026-09-22T18:30:54Z. 2026-08-31: Referred to the House Committee on Energy and Commerce. 2026-08-31: Introduced in House 2026-08-31: Introduced in House
A closer look
Reviewed version: Introduced in House · 2026-08-31. These findings describe provisions and who may benefit; they are not judgments of waste, corruption, or motive.
This review covers the supplied bill text. “None identified” does not rule out provisions in later versions or accompanying reports and disclosures.
Provisions outside the bill’s main subject, or policy changes attached to appropriations.
None identified in the reviewed text
No provision meeting the rider definition was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials, or establish amendment attachment history.
Spending directed to particular recipients or places outside ordinary competitive or formula-based allocation.
None identified in the reviewed text
No congressionally directed spending for particular recipients or places was identified after reviewing the complete supplied introduced text. This conclusion is limited to that version and does not establish absence in other versions or accompanying materials; earmark requests, disclosures, and committee or conference materials were not supplied.
Narrow exceptions, exemptions, or preferential treatment that warrant a closer look.
Findings to examine
A narrow coverage exception and a process-specific disclosure exemption warrant scrutiny as targeted benefits. This classification does not imply improper purpose; the findings distinguish express protections from uncertain effects under existing law.
Persons conducting specified activities involving “synthetic acids” within a commercial entity solely for that entity’s internal use would be excluded from the covered-entity definition to that extent. This provides preferential treatment for qualifying internal commercial activity relative to the bill’s general coverage of synthesis sellers and equipment suppliers. The undefined phrase “synthetic acids” leaves the exception’s precise scope uncertain.
(2) Covered entity (A) In general The term covered entity means a person operating in interstate or foreign commerce who— (i) synthesizes and sells nucleic acids to a person in the United States or in a foreign country; or (ii) produces, distributes, sells, or resells equipment for synthesizing nucleic acids, including a benchtop nucleic acid synthesizer, to persons in the United States or in a foreign country. (B) Exception Subparagraph (A) does not apply to the extent a person produces, distributes, sells, or resells synthetic acids within a commercial entity solely for the internal use of such commercial entity.
Members of the public and covered entities submitting recommendations, requests, or evidence through the covered-sequence list-review process would receive a special disclosure protection: any information related to those submissions would be treated as trade-secret and commercial or financial information and exempt from disclosure under the cited law. They would also have to be offered the ability to request nondisclosure in an identifiable form; that option is a right to request, not an express guarantee that the request will be granted. The blanket treatment of information within this specific biosecurity review process warrants scrutiny as a targeted benefit. Because the referenced disclosure law is absent, the supplied evidence does not establish how much protection this would add to existing law.
(C) Confidentiality Any information related to a recommendation, request, or evidence submitted pursuant to the process established under subparagraph (B) shall be treated as a trade secret and commercial or financial information, and shall be exempt from disclosure, under section 552(b)(4) of title 5, United States Code.
(D) Option to request nondisclosure In carrying out subparagraph (B), the Secretary shall offer any member of the public or covered entity that utilizes the process established under such subparagraph the ability to request that any information related to a recommendation, request, or evidence submitted pursuant to such process is not published or disclosed in any identifiable form, including any publication or disclosure of any such information that would allow the identity of the member of the public or covered entity to be reasonably inferred.
Full text preserved for this analysis. Legislative record snapshot: Sep 22, 2026. How PlainBill uses AI