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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3558 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 521
118th CONGRESS
  2d Session
                                S. 3558

                          [Report No. 118-229]

 To prohibit contracting with certain biotechnology providers, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 20, 2023

  Mr. Peters (for himself, Mr. Hagerty, Mr. Romney, Mr. Marshall, Mr. 
Lankford, Mr. Scott of Florida, Mr. Hawley, Mr. Warner, Mr. Rubio, Mrs. 
 Britt, and Mr. Hoeven) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

                           September 23, 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
 To prohibit contracting with certain biotechnology providers, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. PROHIBITION ON CONTRACTING WITH CERTAIN 
              BIOTECHNOLOGY PROVIDERS.</DELETED>

<DELETED>    (a) In General.--The head of an executive agency may not--
</DELETED>
        <DELETED>    (1) procure or obtain any biotechnology equipment 
        or service produced or provided by a biotechnology company of 
        concern; or</DELETED>
        <DELETED>    (2) enter into a contract or extend or renew a 
        contract with any entity that--</DELETED>
                <DELETED>    (A) uses biotechnology equipment or 
                services produced or provided by a biotechnology 
                company of concern and acquired after the applicable 
                effective date in subsection (c) in performance of the 
                contract; or</DELETED>
                <DELETED>    (B) enters into any contract the 
                performance of which will require the direct use of 
                biotechnology equipment or services produced or 
                provided by a biotechnology company of concern and 
                acquired after the applicable effective date in 
                subsection (c).</DELETED>
<DELETED>    (b) Prohibition on Loan and Grant Funds.--The head of an 
executive agency may not obligate or expend loan or grant funds to--
</DELETED>
        <DELETED>    (1) procure or obtain any biotechnology equipment 
        or services produced or provided by a biotechnology company of 
        concern; or</DELETED>
        <DELETED>    (2) enter into a contract or extend or renew a 
        contract with an entity described in subsection 
        (a)(2).</DELETED>
<DELETED>    (c) Effective Dates.--</DELETED>
        <DELETED>    (1) Certain entities.--With respect to the 
        biotechnology companies of concern covered by subsection 
        (f)(2)(A), the prohibitions under subsections (a) and (b) shall 
        take effect 60 days after the issuance of the implementing 
        guidance in subsection (f)(3) or the expiration of the deadline 
        set forth in subsection (f)(3), whichever occurs 
        first.</DELETED>
        <DELETED>    (2) Other entities.--With respect to the 
        biotechnology companies of concern covered by subsection 
        (f)(2)(B), the prohibitions under subsections (a) and (b) shall 
        take effect 180 days after the issuance of the implementing 
        guidance in subsection (f)(3).</DELETED>
<DELETED>    (d) Waiver Authorities.--</DELETED>
        <DELETED>    (1) Specific biotechnology exception.--</DELETED>
                <DELETED>    (A) Waiver.--The head of an executive 
                agency may waive the prohibition under subsection (a) 
                and (b) on a case-by-case basis--</DELETED>
                        <DELETED>    (i) with the approval of the 
                        Director of the Office of Management and 
                        Budget, in consultation with the Federal 
                        Acquisition Security Council and the Secretary 
                        of Defense; and</DELETED>
                        <DELETED>    (ii) if such head submits a 
                        notification and justification to the 
                        appropriate congressional committees not later 
                        than 30 days after granting such 
                        waiver.</DELETED>
                <DELETED>    (B) Duration.--</DELETED>
                        <DELETED>    (i) In general.--Except as 
                        provided in clause (ii), a waiver granted under 
                        subparagraph (A) shall last for a period of not 
                        more than 365 days.</DELETED>
                        <DELETED>    (ii) Extension.--The Director of 
                        the Office of Management and Budget, in 
                        consultation with the Federal Acquisition 
                        Security Council and the Secretary of Defense, 
                        may extend a waiver granted under subparagraph 
                        (A) one time, for a period up to 180 days after 
                        the date on which the waiver would otherwise 
                        expire, if such an extension is in the national 
                        security interests of the United States and the 
                        Director submits to the appropriate 
                        congressional committees a notification of such 
                        waiver.</DELETED>
        <DELETED>    (2) Overseas health care services.--The head of an 
        executive agency may waive the prohibitions under subsections 
        (a) and (b) with respect to a contract, subcontract, or 
        transaction for the acquisition or provision of health care 
        services overseas on a case-by-case basis--</DELETED>
                <DELETED>    (A) if the head of such executive agency 
                determines that the waiver is--</DELETED>
                        <DELETED>    (i) necessary to support the 
                        mission or activities of the employees of such 
                        executive agency described in subsection 
                        (e)(2)(A); and</DELETED>
                        <DELETED>    (ii) in the interest of the United 
                        States;</DELETED>
                <DELETED>    (B) with the approval of the Director of 
                the Office of Management and Budget, in consultation 
                with the Federal Acquisition Security Council and the 
                Secretary of Defense; and</DELETED>
                <DELETED>    (C) if such head submits a notification 
                and justification to the appropriate congressional 
                committees not later than 30 days after granting such 
                waiver.</DELETED>
<DELETED>    (e) Exceptions.--The prohibitions under subsections (a) 
and (b) shall not apply to--</DELETED>
        <DELETED>    (1) any activity subject to the reporting 
        requirements under title V of the National Security Act of 1947 
        (50 U.S.C. 3091 et seq.) or any authorized intelligence 
        activities of the United States;</DELETED>
        <DELETED>    (2) the acquisition or provision of health care 
        services overseas for--</DELETED>
                <DELETED>    (A) employees of the United States, 
                including members of the uniformed services (as defined 
                in section 101(a) of title 10, United States Code), 
                whose official duty stations are located overseas or 
                are on permissive temporary duty travel overseas; 
                or</DELETED>
                <DELETED>    (B) employees of contractors or 
                subcontractors of the United States--</DELETED>
                        <DELETED>    (i) who are performing under a 
                        contract that directly supports the missions or 
                        activities of individuals described in 
                        subparagraph (A); and</DELETED>
                        <DELETED>    (ii) whose primary duty stations 
                        are located overseas or are on permissive 
                        temporary duty travel overseas; or</DELETED>
        <DELETED>    (3) the acquisition, use, or distribution of human 
        multiomic data, however compiled, that is commercially or 
        publicly available.</DELETED>
<DELETED>    (f) Evaluation of Certain Biotechnology Entities.--
</DELETED>
        <DELETED>    (1) Entity consideration.--Not later than 120 days 
        after the date of the enactment of this Act, the Director of 
        the Office of Management and Budget, in consultation with the 
        Secretary of Defense, the Attorney General, the Secretary of 
        Health and Human Services, the Secretary of Commerce, the 
        Director of National Intelligence, the Secretary of Homeland 
        Security, and the Secretary of State, shall develop a list of 
        the entities that constitute biotechnology companies of 
        concern.</DELETED>
        <DELETED>    (2) Biotechnology companies of concern defined.--
        The term ``biotechnology company of concern'' means--</DELETED>
                <DELETED>    (A) BGI, MGI, Complete Genomics, Wuxi 
                Apptec, and any subsidiary, parent affiliate, or 
                successor of such entities; and</DELETED>
                <DELETED>    (B) any entity that--</DELETED>
                        <DELETED>    (i) is subject to the 
                        jurisdiction, direction, control, or operates 
                        on behalf of the government of a foreign 
                        adversary;</DELETED>
                        <DELETED>    (ii) is to any extent involved in 
                        the manufacturing, distribution, provision, or 
                        procurement of a biotechnology equipment or 
                        service; and</DELETED>
                        <DELETED>    (iii) poses a risk to the national 
                        security of the United States based on--
                        </DELETED>
                                <DELETED>    (I) engaging in joint 
                                research with, being supported by, or 
                                being affiliated with a foreign 
                                adversary's military, internal security 
                                forces, or intelligence 
                                agencies;</DELETED>
                                <DELETED>    (II) providing multiomic 
                                data obtained via biotechnology 
                                equipment or services to the government 
                                of a foreign adversary; or</DELETED>
                                <DELETED>    (III) obtaining human 
                                multiomic data via the biotechnology 
                                equipment or services without express 
                                and informed consent.</DELETED>
        <DELETED>    (3) Guidance.--Not later than 120 days after the 
        date of the enactment of this Act, the Director of the Office 
        of Management and Budget, in consultation with the Secretary of 
        Defense, the Attorney General, the Secretary of Health and 
        Human Services, the Secretary of Commerce, the Director of 
        National Intelligence, the Secretary of Homeland Security, and 
        the Secretary of State, shall establish guidance necessary to 
        implement the requirements of this section.</DELETED>
        <DELETED>    (4) Updates.--The Director of the Office of 
        Management and Budget, in consultation with the Secretary of 
        Defense, the Attorney General, the Secretary of Health and 
        Human Services, the Secretary of Commerce, the Director of 
        National Intelligence, the Secretary of Homeland Security, and 
        the Secretary of State, shall periodically, though not less 
        than annually, review and, as appropriate, make a determination 
        to modify the list of biotechnology companies of 
        concern.</DELETED>
<DELETED>    (g) Regulations.--Not later than one year after the date 
of establishment of guidance required under subsection (f)(3), the 
Federal Acquisition Regulatory Council shall revise the Federal 
Acquisition Regulation as necessary to implement the requirements of 
this section.</DELETED>
<DELETED>    (h) No Additional Funds.--No additional funds are 
authorized to be appropriated for the purpose of carrying out this 
section.</DELETED>
<DELETED>    (i) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Appropriate congressional committees.--The 
        term ``appropriate congressional committees'' means--</DELETED>
                <DELETED>    (A) the Committee on Armed Services and 
                the Committee on Homeland Security and Governmental 
                Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Armed Services, the 
                Committee on Foreign Affairs, the Committee on 
                Oversight and Accountability, the Committee on Energy 
                and Commerce, and the Select Committee on Strategic 
                Competition between the United States and the Chinese 
                Communist Party of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) Biotechnology equipment or service.--The term 
        ``biotechnology equipment or service'' means--</DELETED>
                <DELETED>    (A) equipment, including genetic 
                sequencers, mass spectrometers, polymerase chain 
                reaction machines, or any other instrument, apparatus, 
                machine, or device, including components and 
                accessories thereof, that is designed for use in the 
                research, development, production, or analysis of 
                biological materials as well as any software, firmware, 
                or other digital components that are specifically 
                designed for use in, and necessary for the operation 
                of, such equipment;</DELETED>
                <DELETED>    (B) any service for the research, 
                development, production, analysis, detection, or 
                provision of information, including data storage and 
                transmission related to biological materials, 
                including--</DELETED>
                        <DELETED>    (i) advising, consulting, or 
                        support services with respect to the use or 
                        implementation of a instrument, apparatus, 
                        machine, or device described in subparagraph 
                        (A); and</DELETED>
                        <DELETED>    (ii) disease detection, 
                        genealogical information, and related services; 
                        and</DELETED>
                <DELETED>    (C) any other service, instrument, 
                apparatus, machine, component, accessory, device, 
                software, or firmware that the Director of the Office 
                of Management and Budget, in consultation with the 
                heads of Executive agencies, as determined appropriate 
                by the Director of the Office of Management and Budget, 
                determines appropriate.</DELETED>
        <DELETED>    (3) Control.--The term ``control'' has the meaning 
        given to that term in section 800.208 of title 31, Code of 
        Federal Regulations, or any successor regulations.</DELETED>
        <DELETED>    (4) Executive agency.--The term ``executive 
        agency'' has the meaning given the term ``Executive agency'' in 
        section 105 of title 5, United States Code.</DELETED>
        <DELETED>    (5) Foreign adversary.--The term ``foreign 
        adversary'' has the meaning given the term ``covered nation'' 
        in section 4872(d) of title 10, United States Code.</DELETED>
        <DELETED>    (6) Multiomic.--The term ``multiomic'' means data 
        types that include genomics, epigenomics, transcriptomics, 
        proteomics, and metabolomics.</DELETED>
        <DELETED>    (7) Overseas.--The term ``overseas'' means any 
        area outside of the United States, the Commonwealth of Puerto 
        Rico, or a territory or possession of the United 
        States.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prohibiting Foreign Access to 
American Genetic Information Act of 2024''.

SEC. 2. PROHIBITION ON CONTRACTING WITH CERTAIN BIOTECHNOLOGY 
              PROVIDERS.

    (a) In General.--The head of an executive agency may not--
            (1) procure or obtain any biotechnology equipment or 
        service produced or provided by a biotechnology company of 
        concern; or
            (2) enter into a contract or extend or renew a contract 
        with any entity that--
                    (A) uses biotechnology equipment or services 
                produced or provided by a biotechnology company of 
                concern and acquired after the applicable effective 
                date in subsection (c) in performance of the contract 
                with the executive agency; or
                    (B) enters into any contract the performance of 
                which such entity knows or has reason to believe will 
                require, in performance of the contract with the 
                executive agency, the use of biotechnology equipment or 
                services produced or provided by a biotechnology 
                company of concern and acquired after the applicable 
                effective date in subsection (c).
    (b) Prohibition on Loan and Grant Funds.--The head of an executive 
agency may not obligate or expend loan or grant funds to, and a loan or 
grant recipient may not use loan or grant funds to--
            (1) procure or obtain any biotechnology equipment or 
        services produced or provided by a biotechnology company of 
        concern; or
            (2) enter into a contract or extend or renew a contract 
        with an entity described in subsection (a)(2).
    (c) Effective Dates.--
            (1) Certain entities.--With respect to the biotechnology 
        companies of concern covered by subsection (f)(2)(A), the 
        prohibitions under subsections (a) and (b) shall take effect 60 
        days after the issuance of the implementing guidance in 
        subsection (f)(3) or the expiration of the deadline set forth 
        in subsection (f)(3), whichever occurs first.
            (2) Other entities.--With respect to the biotechnology 
        companies of concern covered by subsection (f)(2)(B), the 
        prohibitions under subsections (a) and (b) shall take effect 
        180 days after the issuance of the implementing guidance in 
        subsection (f)(3) or the expiration of the deadline set forth 
        in subsection (f)(3), whichever occurs first.
            (3) Rules of construction.--
                    (A) Certain entities.--With respect to 
                biotechnology companies of concern covered by 
                subsection (f)(2)(A), subsections (a)(2) and (b)(2) 
                shall not apply to biotechnology equipment or services 
                produced or provided under a contract or agreement 
                entered into before the effective date under subsection 
                (c)(1).
                    (B) Other entities.--With respect to the 
                biotechnology companies of concern covered by 
                subsection (f)(2)(B), subsections (a)(2) and (b)(2) 
                shall not apply to biotechnology equipment or services 
                produced or provided under a contract or agreement 
                entered into before the effective date under subsection 
                (c)(2).
    (d) Waiver Authorities.--
            (1) Specific biotechnology exception.--
                    (A) Waiver.--The head of the applicable executive 
                agency may waive the prohibition under subsection (a) 
                and (b) on a case-by-case basis--
                            (i) with the approval of the Director of 
                        the Office of Management and Budget, in 
                        consultation with the Federal Acquisition 
                        Security Council and the Secretary of Defense; 
                        and
                            (ii) if such head submits a notification 
                        and justification to the appropriate 
                        congressional committees not later than 30 days 
                        after granting such waiver.
                    (B) Duration.--
                            (i) In general.--Except as provided in 
                        clause (ii), a waiver granted under 
                        subparagraph (A) shall last for a period of not 
                        more than 365 days.
                            (ii) Extension.--The head of the applicable 
                        executive agency, with the approval of the 
                        Director of the Office of Management and 
                        Budget, and in consultation with the Federal 
                        Acquisition Security Council and the Secretary 
                        of Defense, may extend a waiver granted under 
                        subparagraph (A) one time, for a period up to 
                        180 days after the date on which the waiver 
                        would otherwise expire, if such an extension is 
                        in the national security interests of the 
                        United States and the Director submits to the 
                        appropriate congressional committees a 
                        notification of such waiver.
            (2) Overseas health care services.--The head of an 
        executive agency may waive the prohibitions under subsections 
        (a) and (b) with respect to a contract, subcontract, or 
        transaction for the acquisition or provision of health care 
        services overseas on a case-by-case basis--
                    (A) if the head of such executive agency determines 
                that the waiver is--
                            (i) necessary to support the mission or 
                        activities of the employees of such executive 
                        agency described in subsection (e)(2)(A); and
                            (ii) in the interest of the United States;
                    (B) with the approval of the Director of the Office 
                of Management and Budget, in consultation with the 
                Federal Acquisition Security Council and the Secretary 
                of Defense; and
                    (C) if such head submits a notification and 
                justification to the appropriate congressional 
                committees not later than 30 days after granting such 
                waiver.
    (e) Exceptions.--The prohibitions under subsections (a) and (b) 
shall not apply to--
            (1) any activity subject to the reporting requirements 
        under title V of the National Security Act of 1947 (50 U.S.C. 
        3091 et seq.) or any authorized intelligence activities of the 
        United States;
            (2) the acquisition or provision of health care services 
        overseas for--
                    (A) employees of the United States, including 
                members of the uniformed services (as defined in 
                section 101(a) of title 10, United States Code), whose 
                official duty stations are located overseas or are on 
                permissive temporary duty travel overseas; or
                    (B) employees of contractors or subcontractors of 
                the United States--
                            (i) who are performing under a contract 
                        that directly supports the missions or 
                        activities of individuals described in 
                        subparagraph (A); and
                            (ii) whose primary duty stations are 
                        located overseas or are on permissive temporary 
                        duty travel overseas; or
            (3) the acquisition, use, or distribution of human 
        multiomic data, lawfully compiled, that is commercially or 
        publicly available.
    (f) Evaluation of Certain Biotechnology Entities.--
            (1) Entity consideration.--Not later than 120 days after 
        the date of the enactment of this Act, the Director of the 
        Office of Management and Budget, in consultation with the 
        Secretary of Defense, the Attorney General, the Secretary of 
        Health and Human Services, the Secretary of Commerce, the 
        Director of National Intelligence, the Secretary of Homeland 
        Security, and the Secretary of State, shall develop a list of 
        the entities that constitute biotechnology companies of 
        concern.
            (2) Biotechnology companies of concern defined.--The term 
        ``biotechnology company of concern'' means--
                    (A) BGI, MGI, Complete Genomics, WuXi AppTec, and 
                any subsidiary, parent affiliate, or successor of such 
                entities; and
                    (B) any entity that--
                            (i) is subject to the jurisdiction, 
                        direction, control, or operates on behalf of 
                        the government of a foreign adversary;
                            (ii) is to any extent involved in the 
                        manufacturing, distribution, provision, or 
                        procurement of a biotechnology equipment or 
                        service; and
                            (iii) poses a risk to the national security 
                        of the United States based on--
                                    (I) engaging in joint research 
                                with, being supported by, or being 
                                affiliated with a foreign adversary's 
                                military, internal security forces, or 
                                intelligence agencies;
                                    (II) providing multiomic data 
                                obtained via biotechnology equipment or 
                                services to the government of a foreign 
                                adversary; or
                                    (III) obtaining human multiomic 
                                data via the biotechnology equipment or 
                                services without express and informed 
                                consent.
            (3) Guidance.--Not later than 120 days after the date of 
        the enactment of this Act for the biotechnology companies of 
        concern named in paragraph (2)(A), and not later than 180 days 
        after the development of the list pursuant to paragraph (1) and 
        any update to the list pursuant to paragraph (4), the Director 
        of the Office of Management and Budget, in consultation with 
        the Secretary of Defense, the Attorney General, the Secretary 
        of Health and Human Services, the Secretary of Commerce, the 
        Director of National Intelligence, the Secretary of Homeland 
        Security, and the Secretary of State, shall establish guidance 
        necessary to implement the requirements of this section.
            (4) Updates.--The Director of the Office of Management and 
        Budget, in consultation with the Secretary of Defense, the 
        Attorney General, the Secretary of Health and Human Services, 
        the Secretary of Commerce, the Director of National 
        Intelligence, the Secretary of Homeland Security, and the 
        Secretary of State, shall periodically, though not less than 
        annually, review and, as appropriate, modify the list of 
        biotechnology companies of concern, and notify the appropriate 
        congressional committees of any such modifications.
            (5) Notice of a designation and review.--
                    (A) In general.--A notice of a designation as a 
                biotechnology company of concern under subparagraph (B) 
                of paragraph (2) shall be issued to any source named in 
                the designation--
                            (i) advising that a designation has been 
                        made;
                            (ii) identifying the criteria relied upon 
                        under such subparagraph and, to the extent 
                        consistent with national security and law 
                        enforcement interests, the information that 
                        formed the basis for the designation;
                            (iii) advising that, within 90 days after 
                        receipt of notice, the source may submit 
                        information and argument in opposition to the 
                        designation;
                            (iv) describing the procedures governing 
                        the review and possible issuance of a 
                        designation pursuant to paragraph (1); and
                            (v) where practicable, identifying 
                        mitigation steps that could be taken by the 
                        source that may result in the rescission of the 
                        designation.
                    (B) Congressional notification requirements.--
                            (i) Notice of designation.--The Director of 
                        the Office of Management and Budget shall 
                        submit the notice required under subparagraph 
                        (A) to the Committee on Homeland Security and 
                        Governmental Affairs of the Senate and the 
                        Committee on Oversight and Accountability of 
                        the House of Representatives.
                            (ii) Information and argument in opposition 
                        to designations.--Not later than 7 days after 
                        receiving any information and argument in 
                        opposition to a designation pursuant to 
                        subparagraph (A)(iii), the Director of the 
                        Office of Management and Budget shall submit 
                        such information to the Committee on Homeland 
                        Security and Governmental Affairs of the Senate 
                        and the Committee on Oversight and 
                        Accountability of the House of Representatives.
                    (C) Exceptions.--The provisions under subparagraph 
                (A) and (B) shall not apply to an entity listed under 
                paragraph (2)(A).
            (6) No immediate public release.--Any designation made 
        under paragraph (1) or paragraph (4) shall not be made publicly 
        available until the Director of the Office of Management and 
        Budget, in coordination with appropriate agencies, reviews all 
        information submitted under paragraph (5)(A)(iii) and issues a 
        final determination that a company shall remain listed as a 
        biotechnology company of concern.
    (g) Evaluation of National Security Risks Posed by Foreign 
Adversary Acquisition of American Multiomic Data.--
            (1) Assessment.--Not later than 270 days after the 
        enactment of this Act, the Director of National Intelligence, 
        in consultation with the Secretary of Defense, the Attorney 
        General of the United States, the Secretary of Health and Human 
        Services, the Secretary of Commerce, the Secretary of Homeland 
        Security, and the Secretary of State, shall complete an 
        assessment of risks to national security posed by human 
        multiomic data from United States citizens that is collected or 
        stored by a foreign adversary from the provision of 
        biotechnology equipment or services.
            (2) Report requirement.--Not later than 30 days after the 
        completion of the assessment developed under paragraph (1), the 
        Director of National Intelligence shall submit a report with 
        such assessment to the appropriate congressional committees.
            (3) Form.--The report required under paragraph (2) shall be 
        in unclassified form accompanied by a classified annex.
    (h) Regulations.--Not later than one year after the date of 
establishment of guidance required under subsection (f)(3), the Federal 
Acquisition Regulatory Council shall revise the Federal Acquisition 
Regulation as necessary to implement the requirements of this section.
    (i) No Additional Funds.--No additional funds are authorized to be 
appropriated for the purpose of carrying out this section.
    (j) Reporting on Intelligence on Nefarious Activities of 
Biotechnology Companies With Human Multiomic Data.--Not later than 180 
days after the date of the enactment of this Act, and annually 
thereafter, the Director of National Intelligence, in consultation with 
the heads of executive agencies, shall submit to the appropriate 
congressional committees a report on any intelligence in possession of 
such agencies related to nefarious activities conducted by 
biotechnology companies with human multiomic data. The report shall 
include information pertaining to potential threats to national 
security or public safety from the selling, reselling, licensing, 
trading, transferring, sharing, or otherwise providing or making 
available to any foreign country of any forms of multiomic data of a 
United States citizen.
    (k) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate; and
                    (B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, the Committee on Oversight and 
                Accountability, the Committee on Energy and Commerce, 
                and the Select Committee on Strategic Competition 
                between the United States and the Chinese Communist 
                Party of the House of Representatives.
            (2) Biotechnology equipment or service.--The term 
        ``biotechnology equipment or service'' means--
                    (A) equipment, including genetic sequencers, mass 
                spectrometers, polymerase chain reaction machines, or 
                any other instrument, apparatus, machine, or device, 
                including components and accessories thereof, that is 
                designed for use in the research, development, 
                production, or analysis of biological materials as well 
                as any software, firmware, or other digital components 
                that are specifically designed for use in, and 
                necessary for the operation of, such equipment;
                    (B) any service for the research, development, 
                production, analysis, detection, or provision of 
                information, including data storage and transmission 
                related to biological materials, including--
                            (i) advising, consulting, or support 
                        services with respect to the use or 
                        implementation of a instrument, apparatus, 
                        machine, or device described in subparagraph 
                        (A); and
                            (ii) disease detection, genealogical 
                        information, and related services; and
                    (C) any other service, instrument, apparatus, 
                machine, component, accessory, device, software, or 
                firmware that the Director of the Office of Management 
                and Budget, in consultation with the heads of Executive 
                agencies, as determined appropriate by the Director of 
                the Office of Management and Budget, determines 
                appropriate.
            (3) Control.--The term ``control'' has the meaning given to 
        that term in section 800.208 of title 31, Code of Federal 
        Regulations, or any successor regulations.
            (4) Executive agency.--The term ``executive agency'' has 
        the meaning given the term ``Executive agency'' in section 105 
        of title 5, United States Code.
            (5) Foreign adversary.--The term ``foreign adversary'' has 
        the meaning given the term ``covered nation'' in section 
        4872(d) of title 10, United States Code.
            (6) Multiomic.--The term ``multiomic'' means data types 
        that include genomics, epigenomics, transcriptomics, 
        proteomics, and metabolomics.
            (7) Overseas.--The term ``overseas'' means any area outside 
        of the United States, the Commonwealth of Puerto Rico, or a 
        territory or possession of the United States.
                                                       Calendar No. 521

118th CONGRESS

  2d Session

                                S. 3558

                          [Report No. 118-229]

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                                 A BILL

 To prohibit contracting with certain biotechnology providers, and for 
                            other purposes.

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                           September 23, 2024

                       Reported with an amendment
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