Biological IP Protection Act

Summary#

This bill would add a new export control for digital sequences of synthetic DNA and RNA. It would require a license before exporting, reexporting, or transferring in-country any digital file that encodes a human- or AI-designed synthetic DNA or RNA sequence to a "foreign entity of concern." The Secretary must put the rule in place within one year after the section becomes law. The bill amends the Export Control Reform Act of 2018 and includes an exception for information covered by section 734.3(b) of the Export Administration Regulations. The bill also defines key terms, including "digital sequence," "foreign entity of concern," "foreign country of concern," and several categories of "synthetic DNA or RNA." The bill text includes a Sense of Congress describing concerns about access to sensitive U.S. data and intellectual property by the People's Republic of China and the risks of military-civil fusion.

What it means for you#

  • If you create, store, or send digital files that represent synthetic DNA or RNA, transfers to entities meeting the bill's definition of a foreign entity of concern would need a license.
  • The rule covers exports, reexports, and in-country transfers of the digital sequence files.
  • The definition of "digital sequence" covers binary files or other digital representations that show the identity, order, and chemical modifications of each position in a DNA or RNA molecule.

Expenses#

No publicly available information.

Proponents' View#

The bill's Sense of Congress states supporters believe access to novel synthetic DNA and RNA sequences can reveal research designs and enable intellectual property theft. It says some foreign countries — specifically the People's Republic of China, as described in the text — seek to obtain sensitive U.S. data and technology, and that export controls are needed to protect U.S. intellectual property and sensitive biological information.

Opponents' View#

No publicly available information.