II 

117TH CONGRESS 

1ST SESSION S. 3159 

To restrict the use of Federal Funds for gain-of-function research in the 

People’s Republic of China. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 3, 2021 

Ms. ERNST (for herself, Mr. RUBIO, Mr. BRAUN, and Mr. WICKER) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

A BILL 

To restrict the use of Federal Funds for gain-of-function 

research in the People’s Republic of China. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness and Account5 ability in Underwriting Chinese Institutions Act’’ or the 

6 ‘‘FAUCI Act’’. 


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•S 3159 IS

1 SEC. 2. RESTRICTIONS ON FEDERAL FUNDING OF CERTAIN 

2 GAIN-OF-FUNCTION RESEARCH. 

3 (a) GAIN-OF-FUNCTION RESEARCH DEFINITION.—In 

4 this section, the term ‘‘gain-of-function research’’ means 

5 any research that— 

6 (1) may be reasonably anticipated to confer at7 tributes to influenza, MERS, or SARS viruses such 

8 that the virus would have enhanced pathogenicity or 

9 transmissibility in any organism; or 

10 (2) involves the enhancement of potential pan11 demic pathogens or related risky research with po12 tentially dangerous pathogens. 

13 (b) FUNDING LIMITATIONS.— 

14 (1) IN GENERAL.—Notwithstanding any other 

15 provision of law, no Federal funding may be made 

16 available for any purpose, including under any con17 tract, grant, subgrant, or other assistance, to labora18 tories or research institutions in the People’s Repub19 lic of China for the purposes of gain-of-function re20 search. 

21 (2) CERTIFICATION.—Any recipient of Federal 

22 funding for the purposes of scientific research shall 

23 certify to the issuing authority that such recipient 

24 will not distribute any such Federal funds, whether 

25 directly or through subgrants, to any qualifying lab26 oratory or research institution that is in the People’s 


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•S 3159 IS

1 Republic of China or that receives any funding from 

2 the People’s Republic of China, for the purposes of 

3 gain-of-function research. 

4 (c) PENALTY FOR LACK OF CANDOR.—With respect 

5 to any official or employee of the National Institutes of 

6 Health, or grantee or employee or contractor of a grantee 

7 of the National Institutes of Health, who is determined 

8 by the Inspector General of the Department of Health and 

9 Human Services to have intentionally misled, or omitted 

10 information in a disclosure to, Congress, the National In11 stitutes of Health, or any relevant Inspector General about 

12 the direction, scope, or extent of Federal funding of inter13 national gain-of-function research, in addition to being 

14 subject to all other applicable criminal penalties— 

15 (1) such person shall not be eligible for any new 

16 Federal grant or other funding; 

17 (2) if such person previously received a Federal 

18 grant or other funding, such grant or other funding 

19 shall be immediately terminated and any unexpended 

20 funds shall be rescinded; and 

21 (3) such person shall not be eligible for Federal 

22 employment. 

23 (d) REPORT REQUIRED.—Not later than 30 months 

24 after the date of enactment of this Act, the Office of 

25 Science and Technology Policy, in consultation with the 


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1 Department of Health and Human Services, the Depart2 ment of Homeland Security, the Department of Justice, 

3 the Director of National Intelligence, and the Department 

4 of State, shall submit, in both classified and unclassified 

5 forms, a report to the appropriate committees of Congress 

6 providing an assessment of— 

7 (1) the United States capacity to determine the 

8 extent of gain-of-function research conducted by any 

9 laboratories of research institutions in the People’s 

10 Republic of China, including the Wuhan Institute of 

11 Virology, and safety protocols followed by labora12 tories or research institutions in the People’s Repub13 lic of China, including the Wuhan Institute of Virol14 ogy, in conducting any gain-of-function research; 

15 (2) the United States capacity to determine 

16 whether cooperation or relationships between labora17 tories or research facilities in the People’s Republic 

18 of China conducting gain-of-function research and 

19 the People’s Liberation Army exist; 

20 (3) costs and potential risks or benefits of any 

21 United States cooperation or funding with labora22 tories or research facilities in the People’s Republic 

23 of China conducting gain-of-function research; 

24 (4) a recommendation of whether the United 

25 States should resume or continue to suspend any coVerDate Sep 11 2014 21:33 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3159.IS S3159

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1 operation or funding of laboratories or research fa2 cilities in the People’s Republic of China conducting 

3 gain-of-function research; 

4 (5) a list of all gain-of-function research cur5 rently being funded with financial support of any 

6 agency of the Federal Government, including the 

7 purpose, cost, pathogens, and location of research; 

8 (6) a detailed list of all Federal funding for re9 search being conducted in or with the People’s Re10 public of China; and 

11 (7) a determination of whether the Chinese lab12 oratories identified in the report have had, or con13 tinue to have, a connection to the proliferation of 

14 fentanyl and fentanyl-analogues in the United 

15 States. 

16 (e) NATIONAL SECURITY WAIVER.—The President 

17 may waive the limitation under subsection (b) with respect 

18 to particular research described in such subsection upon 

19 a determination that such a waiver would be in the na20 tional security interest. Such waiver shall be made publicly 

21 available at the time of its issuance. 

Æ 


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