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October 21, 2026

Bipartisan, Bicameral Bills Would Designate Biotechnology and Biomanufacturing as Critical Infrastructure

Lynn L. BergesonCarla N. Hutton

On September 24, 2026, the National Security Commission on Emerging Biotechnology (NSCEB) announced the introduction of two bills “that would require the Cybersecurity and Infrastructure Security Agency (CISA) to protect biotechnology data and infrastructure from malicious actors.” Senators Todd Young (R-IN), NSCEB Chair, and Maggie Hassan (D-NH) introduced the bills in the Senate, and Representatives and NSCEB Commissioners Stephanie Bice (R-OK) and Ro Khanna (D-CA), as well as Representative Scott Peters (D-CA), introduced the bills in the House. The Protecting Biotechnology and Biomanufacturing as Critical Infrastructure Act (H.R. 10569, S. 5502) would direct the Department of Homeland Security (DHS) to develop and execute a work plan within 45 days to ensure that biotechnology and biomanufacturing is protected as critical infrastructure, without adding a new sector. The work plan would include:

  • An identification of biotechnology and biomanufacturing infrastructure stakeholders, including Information Sharing and Analysis Organizations;
  • An outreach plan to ensure such stakeholders are aware, if applicable, of their protection under existing critical infrastructure sectors;
  • An action plan to ensure such stakeholders are represented at appropriate consortia and sector coordinating councils; and
  • An action plan to update, by September 30, 2027, strategic plans under Section 2202(e)(1)(E) of the Homeland Security Act of 2002 with input from such stakeholders.

DHS would then conduct a follow-up evaluation within two years of updating the national strategic plan, noting if there are critical biotechnology areas that remain unprotected.

The Protecting Biological Data as Critical Infrastructure Act (H.R. 10568, S. 5522) would direct CISA to:

  • Oversee the planning, management, and coordination of duties related to security management of, and responsibilities associated with, genetic data systems that involve genomic sequences and other sensitive biometric data;
  • Provide training for relevant federal personnel regarding protecting genetic data systems that involve genomic sequences and other sensitive biometric data, including addressing unique security challenges and ethical considerations; and
  • Take necessary actions to ensure the protection of biological data and critical biotechnology infrastructure, including genetic data systems that involve genomic sequences and other sensitive biometric data.

Under the bill, the responsibilities of the DHS would be amended to include:

  • Treating as critical infrastructure genetic data systems that involve genomic sequences and other sensitive biometric data; and
  • Consulting with U.S. biotechnology sector stakeholders to gain input for the development of security protocols relating to genetic data systems, as well as relevant federal agencies responsible for collecting and protecting such systems, such as the DHS Office of Biometric Identity Management.

More information is available in NSCEB’s summary of the bills.