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Montana committee advances Genomic Security Act with registration requirement for foreign-linked sequencers

House Energy, Technology, and Federal Relations Committee · March 28, 2025
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Summary

The House Energy committee voted to concur in an amended Montana Genomic Security Act that requires registration of genetic sequencers and restricts storage of Montanans' sequencing data outside the U.S.; the amendment clarifies registration and removes legislative intent language. The measure moves to the House floor.

The House Energy, Technology, and Federal Relations Committee on Wednesday advanced Senate Bill 410, the Montana Genomic Security Act, adopting a sponsor-requested amendment that replaces a section of the bill with registration requirements for genetic sequencers and sequencing technologies.

Mr. Burns, committee staff, told members the bill would prohibit medical and research facilities from using genetic sequencers or sequencing software produced by a foreign adversary, provide reimbursement to facilities that replace such equipment, bar storage of Montanans' genetic sequencing data outside the United States, and require written consent for remote access to non-public sequencing data. The amendment (001.002) strikes the bill's legislative intent language and adds a registration regime administered through the attorney general's office.

Representative Griffith, who worked with the bill sponsor, said the registration approach is intended to target devices tied to foreign adversaries rather than all sequencers used lawfully in-state, noting she will bring clarifying language to the floor: "I will be bringing an amendment to add ... the word foreign adversary to each of those. I think that's what we intended." Chair Perry and other members discussed federal preemption and dormant Commerce Clause limits, with members noting that Congress controls interstate trade while the state can require registration information about devices present in Montana.

Representative Carter raised concerns about scope and stakeholder input, saying private labs and universities may be swept up by a broadly worded registration requirement and urging narrower, risk-focused language. Committee members debated the trade-off between broad protections for Montanans' genomic data and potential regulatory burdens on in-state research and private industry.

The committee voted on the sponsor-requested amendment by voice and the clerk reported 14 ayes and zero nays. Members then took a voice vote to concur in the amended bill; Chair Perry announced the measure will proceed to the full House. Representative Griffith agreed to serve as carrier if needed.

The bill’s registration requirement and the definition of "foreign adversary" were central topics in committee debate; Representative Griffith said the floor amendment she plans to offer will tighten the bill's focus. The next step is floor consideration, where additional amendments and stakeholder discussion may occur.