I 

118TH CONGRESS 

2D SESSION H. R. 7085 

To prohibit contracting with certain biotechnology providers, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 25, 2024 

Mr. GALLAGHER (for himself, Mr. KRISHNAMOORTHI, Mr. AUCHINCLOSS, Mr. 

MOULTON, and Mr. DUNN of Florida) introduced the following bill; which 

was referred to the Committee on Oversight and Accountability 

A BILL 

To prohibit contracting with certain biotechnology providers, 

and for other purposes. 

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 ‘‘BIOSECURE Act’’. 

5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The Government of the People’s Republic of 

8 China (PRC) seeks to dominate biotechnology as an 

9 industry of the future. 


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1 (2) In recent years, the PRC has pursued a 

2 strategy known as ‘‘military-civil fusion’’ that 

3 merges public and private industries to enable the 

4 military modernization of the People’s Liberation 

5 Army (PLA). 

6 (3) In the PRC’s 14th Five-Year Plan, the 

7 PRC emphasized the use of artificial intelligence for 

8 biological discovery and called to accelerate the de9 velopment of biotechnology. 

10 (4) PRC biotechnology companies have repeat11 edly collaborated with PLA entities, including Third 

12 Military Medical University and the PLA’s Key Lab13 oratory of High-Altitude Medicine. 

14 (5) PRC law requires companies that are con15 trolled by a PRC entity, like BGI, to comply with 

16 PRC national security laws, which provide the Chi17 nese Communist Party (CCP) with the power to 

18 compel Chinese companies to turn over their data. 

19 (6) Pursuant to the PRC’s laws, the PRC can 

20 require a company headquartered in the PRC to sur21 render all its data to the Government of the PRC, 

22 making it an espionage tool of the CCP. 

23 (7) The National Intelligence Law, passed in 

24 China in 2017, states that ‘‘any organization’’ must 

25 assist or cooperate with CCP intelligence work. 


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1 (8) China’s 2014 counter-espionage law also 

2 states that ‘‘relevant organizations . . . may not 

3 refuse’’ to collect evidence for an investigation. 

4 (9) The PRC’s Data Security Law of 2021 

5 states that the Government has the power to access 

6 and control private data. 

7 (10) The PRC’s counter-espionage law grants 

8 PRC state security agencies nearly unfettered discre9 tion, if acting under an effectively limitlessly capa10 cious understanding of national security, to access 

11 data from companies. 

12 (11) The executive branch has determined that 

13 BGI, formerly known as Beijing Genomics Institute, 

14 is a national security threat. 

15 (12) In October 2022, the Department of De16 fense added BGI Genomics Co., LTD (BGI) to the 

17 Department of Defense’s list of PRC Military Com18 panies. 

19 (13) In March 2023, the Department of Com20 merce added BGI Tech Solutions (Hong Kong) a 

21 subsidiary of BGI, to the Entity List for concerns 

22 the unit poses a significant risk to contributing to 

23 PRC Government surveillance. 

24 (14) In February 2021, the National Counter25 intelligence and Security Center published a public 


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1 advisory that the Government of the PRC seeks to 

2 leverage access to genetic data to conduct repression 

3 and surveillance with mention of BGI’s role in this 

4 campaign. 

5 (15) BGI is engaged in global campaign to col6 lect foreign person’s genetic data. 

7 (16) As of October 2023, United States press 

8 reports BGI operates genetic collection sites or 

9 ‘‘Fire-Eye’’ laboratories, in over 30 countries. 

10 (17) According to a July 2021 United States 

11 press report, BGI collected genetic data from mil12 lions of pregnant women through prenatal tests. 

13 BGI reportedly has worked with the PLA to improve 

14 ‘‘population quality’’ in the PRC. 

15 (18) BGI operates the China National 

16 GeneBank, the world’s largest repository of genetic 

17 data. 

18 (19) MGI and Complete Genomics are subsidi19 aries and direct affiliates of BGI that have access to 

20 the United States market and population. 

21 (20) In 2013, BGI purchased United States 

22 genomic sequencing firm Complete Genomics. 

23 (21) According to MGI’s previous Securities 

24 and Exchange Commission disclosures, MGI is ‘‘part 

25 of the BGI’’ group and BGI ‘‘established’’ MGI. 


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1 (22) According to an April 2023 United States 

2 press report, BGI founder, Wang Jian, holds 47 per3 cent of MGI shares. 

4 (23) According to corporate disclosures, Com5 plete Genomics is owned by MGI and is therefore 

6 owned by BGI. 

7 (24) WuXi Apptec presents a national security 

8 threat to the United States. 

9 (25) According to PRC press, WuXi Apptec has 

10 sponsored Military-Civil Fusion events in the PRC. 

11 (26) WuXi AppTec has received investments 

12 from a ‘‘Military-Civil Integration Selected Hybrid 

13 Securities Investment Fund’’. 

14 (27) According to PRC press, WuXi AppTec 

15 has granted awards to PLA researchers and invited 

16 PLA institutes to participate in the selection process 

17 of company awards. 

18 (28) Chris Chen, CEO of WuXi Biologics, was 

19 previously an adjunct professor at the PLA’s Acad20 emy of Military Medical Sciences. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that the time has come to— 

23 (1) stop United States taxpayer dollars from 

24 flowing to foreign adversary biotech companies like 

25 BGI that have ties to the PLA; and 


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1 (2) prevent United States taxpayers from buy2 ing biotech equipment from foreign adversaries that 

3 facilitate the transfer of United States persons ge4 netic data to a foreign adversary. 

5 SEC. 3. PROHIBITION ON CONTRACTING WITH CERTAIN 

6 BIOTECHNOLOGY PROVIDERS. 

7 (a) IN GENERAL.—The head of an executive agency 

8 may not— 

9 (1) procure or obtain any biotechnology equip10 ment or service produced or provided by a bio11 technology company of concern; or 

12 (2) enter into a contract or extend or renew a 

13 contract with any entity that— 

14 (A) uses biotechnology equipment or serv15 ices produced or provided by a biotechnology 

16 company of concern and acquired after the ap17 plicable effective date in subsection (c) in per18 formance of the contract; or 

19 (B) enters into any contract the perform20 ance of which will require the direct use of bio21 technology equipment or services produced or 

22 provided by a biotechnology company of concern 

23 and acquired after the applicable effective date 

24 in subsection (c). 


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1 (b) PROHIBITION ON LOAN AND GRANT FUNDS.— 

2 The head of an executive agency may not obligate or ex3 pend loan or grant funds to— 

4 (1) procure or obtain any biotechnology equip5 ment or services produced or provided by a bio6 technology company of concern; or 

7 (2) enter into a contract or extend or renew a 

8 contract with an entity described in subsection 

9 (a)(2). 

10 (c) EFFECTIVE DATES.— 

11 (1) CERTAIN ENTITIES.—With respect to the 

12 biotechnology companies of concern covered by sub13 section (f)(2)(A), the prohibitions under subsections 

14 (a) and (b) shall take effect 60 days after the 

15 issuance of the implementing guidance in subsection 

16 (f)(3) or the expiration of the deadline set forth in 

17 subsection (f)(3), whichever occurs first. 

18 (2) OTHER ENTITIES.—With respect to the bio19 technology companies of concern covered by sub20 section (f)(2)(B), the prohibitions under subsections 

21 (a) and (b) shall take effect 180 days after the 

22 issuance of the implementing guidance in subsection 

23 (f)(3) . 

24 (d) WAIVER AUTHORITIES.— 

25 (1) SPECIFIC BIOTECHNOLOGY EXCEPTION.— 


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1 (A) WAIVER.—The head of an executive 

2 agency may waive the prohibition under sub3 section (a) and (b) on a case-by-case basis— 

4 (i) with the approval of the Director 

5 of the Office of Management and Budget, 

6 in consultation with the Federal Acquisi7 tion Security Council and the Secretary of 

8 Defense; and 

9 (ii) if such head submits a notification 

10 and justification to the appropriate con11 gressional committees not later than 30 

12 days after granting such waiver. 

13 (B) DURATION.— 

14 (i) IN GENERAL.—Except as provided 

15 in clause (ii), a waiver granted under sub16 paragraph (A) shall last for a period of not 

17 more than 365 days. 

18 (ii) EXTENSION.—The Director of the 

19 Office of Management and Budget, in con20 sultation with the Federal Acquisition Se21 curity Council and the Secretary of De22 fense, may extend a waiver granted under 

23 subparagraph (A) one time, for a period 

24 up to 180 days after the date on which the 

25 waiver would otherwise expire, if such an 


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1 extension is in the national security inter2 ests of the United States and the Director 

3 submits to the appropriate congressional 

4 committees a notification of such waiver. 

5 (2) OVERSEAS HEALTH CARE SERVICES.—The 

6 head of an executive agency may waive the prohibi7 tions under subsections (a) and (b) with respect to 

8 a contract, subcontract, or transaction for the acqui9 sition or provision of health care services overseas on 

10 a case-by-case basis— 

11 (A) if the head of such executive agency 

12 determines that the waiver is— 

13 (i) necessary to support the mission or 

14 activities of the employees of such execu15 tive agency described in subsection 

16 (e)(2)(A); and 

17 (ii) in the interest of the United 

18 States; 

19 (B) with the approval of the Director of 

20 the Office of Management and Budget, in con21 sultation with the Federal Acquisition Security 

22 Council and the Secretary of Defense; and 

23 (C) if such head submits a notification and 

24 justification to the appropriate congressional 


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1 committees not later than 30 days after grant2 ing such waiver. 

3 (e) EXCEPTIONS.—The prohibitions under sub4 sections (a) and (b) shall not apply to— 

5 (1) any activity subject to the reporting require6 ments under title V of the National Security Act of 

7 1947 (50 U.S.C. 3091 et seq.) or any authorized in8 telligence activities of the United States; 

9 (2) the acquisition or provision of health care 

10 services overseas for— 

11 (A) employees of the United States, includ12 ing members of the uniformed services (as de13 fined in section 101(a) of title 10, United 

14 States Code), whose official duty stations are 

15 located overseas or are on permissive temporary 

16 duty travel overseas; or 

17 (B) employees of contractors or sub18 contractors of the United States— 

19 (i) who are performing under a con20 tract that directly supports the missions or 

21 activities of individuals described in sub22 paragraph (A); and 

23 (ii) whose primary duty stations are 

24 located overseas or are on permissive tem25 porary duty travel overseas; or 


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1 (3) the acquisition, use, or distribution of 

2 human multiomic data, however compiled, that is 

3 commercially or publicly available. 

4 (f) EVALUATION OF CERTAIN BIOTECHNOLOGY EN5 TITIES.— 

6 (1) ENTITY CONSIDERATION.—Not later than 

7 120 days after the date of the enactment of this Act, 

8 the Director of the Office of Management and Budg9 et, in consultation with the Secretary of Defense, the 

10 Attorney General, the Secretary of Health and 

11 Human Services, the Secretary of Commerce, the 

12 Director of National Intelligence, the Secretary of 

13 Homeland Security, and the Secretary of State, shall 

14 develop a list of the entities that constitute bio15 technology companies of concern. 

16 (2) BIOTECHNOLOGY COMPANIES OF CONCERN

17 DEFINED.—The term ‘‘biotechnology company of 

18 concern’’ means— 

19 (A) BGI, MGI, Complete Genomics, Wuxi 

20 Apptec, and any subsidiary, parent affiliate, or 

21 successor of such entities; and 

22 (B) any entity that— 

23 (i) is subject to the jurisdiction, direc24 tion, control, or operates on behalf of the 

25 government of a foreign adversary; 


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1 (ii) is to any extent involved in the 

2 manufacturing, distribution, provision, or 

3 procurement of a biotechnology equipment 

4 or service; and 

5 (iii) poses a risk to the national secu6 rity of the United States based on— 

7 (I) engaging in joint research 

8 with, being supported by, or being af9 filiated with a foreign adversary’s 

10 military, internal security forces, or 

11 intelligence agencies; 

12 (II) providing multiomic data ob13 tained via biotechnology equipment or 

14 services to the government of a for15 eign adversary; or 

16 (III) obtaining human multiomic 

17 data via the biotechnology equipment 

18 or services without express and in19 formed consent. 

20 (3) GUIDANCE.—Not later than 120 days after 

21 the date of the enactment of this Act, the Director 

22 of the Office of Management and Budget, in con23 sultation with the Secretary of Defense, the Attor24 ney General, the Secretary of Health and Human 

25 Services, the Secretary of Commerce, the Director of 


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1 National Intelligence, the Secretary of Homeland Se2 curity, and the Secretary of State, shall establish 

3 guidance necessary to implement the requirements of 

4 this section. 

5 (4) UPDATES.—The Director of the Office of 

6 Management and Budget, in consultation with the 

7 Secretary of Defense, the Attorney General, the Sec8 retary of Health and Human Services, the Secretary 

9 of Commerce, the Director of National Intelligence, 

10 the Secretary of Homeland Security, and the Sec11 retary of State, shall periodically, though not less 

12 than annually, review and, as appropriate, make a 

13 determination to modify the list of biotechnology 

14 companies of concern. 

15 (g) REGULATIONS.—Not later than one year after the 

16 date of establishment of guidance required under sub17 section (f)(3), the Federal Acquisition Regulatory Council 

18 shall revise the Federal Acquisition Regulation as nec19 essary to implement the requirements of this section. 

20 (h) NO ADDITIONAL FUNDS.—No additional funds 

21 are authorized to be appropriated for the purpose of car22 rying out this section. 

23 (i) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ means— 

4 (A) the Committee on Armed Services and 

5 the Committee on Homeland Security and Gov6 ernmental Affairs of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Foreign Affairs, the Committee 

9 on Oversight and Accountability, the Committee 

10 on Energy and Commerce, and the Select Com11 mittee on Strategic Competition between the 

12 United States and the Chinese Communist 

13 Party of the House of Representatives. 

14 (2) BIOTECHNOLOGY EQUIPMENT OR SERV15 ICE.—The term ‘‘biotechnology equipment or serv16 ice’’ means— 

17 (A) equipment, including genetic sequenc18 ers, mass spectrometers, polymerase chain reac19 tion machines, or any other instrument, appa20 ratus, machine, or device, including components 

21 and accessories thereof, that is designed for use 

22 in the research, development, production, or 

23 analysis of biological materials as well as any 

24 software, firmware, or other digital components 


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1 that are specifically designed for use in, and 

2 necessary for the operation of, such equipment; 

3 (B) any service for the research, develop4 ment, production, analysis, detection, or provi5 sion of information, including data storage and 

6 transmission related to biological materials, in7 cluding— 

8 (i) advising, consulting, or support 

9 services with respect to the use or imple10 mentation of a instrument, apparatus, ma11 chine, or device described in subparagraph 

12 (A); and 

13 (ii) disease detection, genealogical in14 formation, and related services; and 

15 (C) any other service, instrument, appa16 ratus, machine, component, accessory, device, 

17 software, or firmware that the Director of the 

18 Office of Management and Budget, in consulta19 tion with the heads of Executive agencies, as 

20 determined appropriate by the Director of the 

21 Office of Management and Budget, determines 

22 appropriate. 

23 (3) CONTROL.—The term ‘‘control’’ has the 

24 meaning given to that term in section 800.208 of 


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1 title 31, Code of Federal Regulations, or any suc2 cessor regulations. 

3 (4) EXECUTIVE AGENCY.—The term ‘‘executive 

4 agency’’ has the meaning given the term ‘‘Executive 

5 agency’’ in section 105 of title 5, United States 

6 Code. 

7 (5) FOREIGN ADVERSARY.—The term ‘‘foreign 

8 adversary’’ has the meaning given the term ‘‘covered 

9 nation’’ in section 4872(d) of title 10, United States 

10 Code. 

11 (6) MULTIOMIC.—The term ‘‘multiomic’’ means 

12 data types that include genomics, epigenomics, 

13 transcriptomics, proteomics, and metabolomics. 

14 (7) OVERSEAS.—The term ‘‘overseas’’ means 

15 any area outside of the United States, the Common16 wealth of Puerto Rico, or a territory or possession 

17 of the United States. 

Æ 


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