I 

118TH CONGRESS 

1ST SESSION H. R. 5209 

To impose export controls and sanctions to address the security threat posed 

by the genetic mapping efforts of the Government of the People’s Republic of China and other countries, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 15, 2023 

Mr. DUNN of Florida introduced the following bill; which was referred to the 

Committee on Foreign Affairs, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To impose export controls and sanctions to address the security threat posed by the genetic mapping efforts of the 

Government of the People’s Republic of China and other 

countries, 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 ‘‘Stopping Genetic Mon5 itoring by China Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADMISSION; ADMITTED; ALIEN.—The terms 

2 ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’ have the 

3 meanings given those terms in section 101 of the 

4 Immigration and Nationality Act (8 U.S.C. 1101). 

5 (2) COMMERCE CONTROL LIST.—The term 

6 ‘‘Commerce Control List’’ means the list maintained 

7 by the Bureau of Industry and Security of the De8 partment of Commerce and set forth in Supplement 

9 No. 1 to part 774 of the Export Administration 

10 Regulations. 

11 (3) COVERED COUNTRY.—The term ‘‘covered 

12 country’’ means any of the following: 

13 (A) The Islamic Republic of Iran. 

14 (B) Democratic People’s Republic of North 

15 Korea. 

16 (C) The People’s Republic of China. 

17 (D) The Russian Federation. 

18 (E) The Republic of Cuba. 

19 (F) The Maduro Regime of Venezuela. 

20 (G) The Syrian Arab Republic. 

21 (H) Any other country the government of 

22 which is determined by the Secretary of State 

23 to be a foreign adversary (as defined in section 

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1 tions Networks Act of 2019 (47 U.S.C. 

2 1607(c))). 

3 (4) ENTITY LIST.—The term ‘‘Entity List’’ 

4 means the list maintained by the Bureau of Industry 

5 and Security and set forth in Supplement No. 4 to 

6 part 744 of the Export Administration Regulations. 

7 (5) EXPORT; EXPORT ADMINISTRATION REGU8 LATIONS; IN-COUNTRY TRANSFER; REEXPORT.—The 

9 terms ‘‘export’’, ‘‘Export Administration Regula10 tions’’, ‘‘in-country transfer’’, and ‘‘reexport’’ have 

11 the meanings given those terms in section 1742 of 

12 the Export Control Reform Act of 2018 (50 U.S.C. 

13 4801). 

14 SEC. 3. CONTROL OF EXPORTS OF GENETIC COLLECTION 

15 AND ANALYSIS TECHNOLOGY TO CERTAIN 

16 COUNTRIES. 

17 (a) IN GENERAL.—Not later than 90 days after the 

18 date of enactment of this Act, the heads of the agencies 

19 that are represented on the End-User Review Committee 

20 shall, in consultation with the Secretary of Health and 

21 Human Services— 

22 (1) add technology described in subsection (b) 

23 to the Commerce Control List; and 

24 (2) deny any license required for the export, re25 export, or in-country transfer to or in a covered 


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1 country of any such technology, unless the person 

2 seeking the license submits to the Committee such 

3 documentation as the Secretary of State may rea4 sonably require to demonstrate by clear and con5 vincing evidence that, if the license is approved, the 

6 technology will not be used for human rights abuses 

7 or by an entity that has engaged in human rights 

8 abuses. 

9 (b) TECHNOLOGY DESCRIBED.—Technology de10 scribed in this subsection is technology identified by the 

11 Secretary of Defense or the Secretary of State, in con12 sultation with the Secretary of Health and Human Serv13 ices, or the Secretary of Energy as genetic instruments, 

14 including— 

15 (1) Next Generation and Sanger Generation ge16 netic sequencers; 

17 (2) genetic sequencing kits and reagents; 

18 (3) genetic testing and sampling kits (including 

19 forensic DNA testing kits); 

20 (4) related laboratory instruments; 

21 (5) any instrument-specific software— 

22 (A) relating to genetic testing, genetic 

23 mapping, genetic sequencing, genetic analysis 

24 and editing, or any technology described in any 

25 of paragraphs (1) through (4); and 


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1 (B) included, on the day before the date of 

2 the enactment of this Act, under the definition 

3 of crime control and detection instruments 

4 under section 742.7 of the Export Administra5 tion Regulations; or 

6 (6) any other related genetic technology that 

7 could enable human rights abuses, as identified by 

8 the head of any agency represented on the End-User 

9 Review Committee, in consultation with the Sec10 retary of Health and Human Services. 

11 (c) END-USER REVIEW COMMITTEE DEFINED.—In 

12 this section, the term ‘‘End-User Review Committee’’ 

13 means— 

14 (1) the End-User Review Committee established 

15 under section 744.16(d) of title 15, Code of Federal 

16 Regulations; or 

17 (2) any successor committee. 

18 SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PRO19 VISION OF GENETIC MONITORING TECH20 NOLOGY TO COVERED COUNTRIES. 

21 (a) IN GENERAL.—Not later than the date that is 

22 90 days after the date of the enactment of this Act, and 

23 as appropriate thereafter, the President shall— 

24 (1) impose the sanctions described in subsection 

25 (b) with respect to each foreign person that the SecVerDate Sep 11 2014 05:26 Aug 22, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5209.IH H5209

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1 retary of the Treasury, in consultation with the Sec2 retary of State, determines— 

3 (A) is responsible for or complicit in, or 

4 has directly or indirectly engaged in, gross vio5 lations of internationally recognized human 

6 rights; 

7 (B) has provided, is providing, or poses a 

8 significant risk of providing, to an entity in a 

9 covered country genetic sampling and analysis 

10 technology that could directly or indirectly en11 able gross violations of internationally recog12 nized human rights, as determined by the Sec13 retary of State or the Secretary of the Treas14 ury, in consultation with the Secretary of 

15 Health and Human Services; 

16 (C) conducts genetic sampling and analysis 

17 and is located in, has headquarters in, or is or18 ganized under the laws of, a covered country, 

19 including— 

20 (i) any entity placed on the Entity 

21 List for human rights abuses directly or 

22 indirectly related to genetic monitoring ef23 forts, including— 

24 (I) the Institute of Forensic 

25 Science; 


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1 (II) CloudWalk Technology; 

2 (III) FiberHome Technologies 

3 Group; 

4 (IV) Forensic Genomics Inter5 national; 

6 (V) the Chinese Academy of Mili7 tary Medical Sciences; 

8 (VI) the Chinese Academy of 

9 Sciences; and 

10 (VII) BGI Group; 

11 (ii) national key labs and other state12 affiliated research institutes providing ge13 netic sampling and analysis technology for 

14 public security purposes; 

15 (iii) any college or university in the 

16 People’s Republic of China that is deter17 mined by the Secretary of Defense to be 

18 involved in genetic monitoring and human 

19 rights abuses, including— 

20 (I) any college or university in 

21 the People’s Republic of China that 

22 conducts genetic research or hosts 

23 dedicated security and monitoring ini24 tiatives or laboratories, including such 

25 a college or university designated 


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1 under the ‘‘double first-class univer2 sity plan’’; and 

3 (II) any college or university in 

4 the People’s Republic of China that 

5 conducts research or hosts dedicated 

6 initiatives or laboratories for any se7 curity entity of the People’s Republic 

8 of China, including the People’s Lib9 eration Army, the People’s Armed Po10 lice, the Ministry of Public Security, 

11 and the Ministry of State Security; 

12 (iv) any enterprise for which the ma13 jority shareholder or ultimate parent entity 

14 is the Government of the People’s Republic 

15 of China at any level of that government; 

16 (v) any privately owned company in 

17 the People’s Republic of China that has— 

18 (I) a history of subcontracting 

19 for the People’s Liberation Army, the 

20 People’s Armed Police, the Ministry of 

21 Public Security, the Ministry of State 

22 Security, or any affiliate of any such 

23 entity; or 

24 (II) an owner, director, or senior 

25 management official who has served 


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1 as a delegate to the National People’s 

2 Congress, a member of the Chinese 

3 People’s Political Consultative Con4 ference, or a member of the Central 

5 Committee of the Chinese Communist 

6 Party; and 

7 (vi) any subsidiary, successor, or alias 

8 of an entity described in any of clauses (i) 

9 through (v); or 

10 (D) owns or controls, is owned or con11 trolled by, or is under common ownership or 

12 control with, an entity described in subpara13 graph (A), (B), or (C); and 

14 (2) impose the sanctions described in subsection 

15 (c) with respect to each alien the Secretary of State, 

16 in consultation with the Secretary of the Treasury, 

17 determines is a corporate officer of an entity de18 scribed in paragraph (1). 

19 (b) PROPERTY BLOCKING.—The sanctions described 

20 in this subsection are the exercise of all of the powers 

21 granted to the President by the International Emergency 

22 Economic Powers Act (50 U.S.C. 1701 et seq.) to the ex23 tent necessary to block and prohibit all transactions in 

24 property and interests in property of a foreign person if 

25 such property or interests in property are in the United 


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1 States, come within the United States, or are or come 

2 within the possession or control of a United States person. 

3 (c) INADMISSIBILITY OF CERTAIN SANCTIONED PER4 SONS.— 

5 (1) VISAS, ADMISSION, OR PAROLE.—An alien 

6 described in subsection (a)(2) shall be— 

7 (A) inadmissible to the United States; 

8 (B) ineligible to receive a visa or other doc9 umentation to enter the United States; and 

10 (C) otherwise ineligible to be admitted or 

11 paroled into the United States or to receive any 

12 other benefit under the Immigration and Na13 tionality Act (8 U.S.C. 1101 et seq.). 

14 (2) CURRENT VISAS REVOKED.— 

15 (A) IN GENERAL.—The visa or other entry 

16 documentation of any alien described in para17 graph (1) is subject to revocation regardless of 

18 the date on which the visa or other entry docu19 mentation is or was issued. 

20 (B) IMMEDIATE EFFECT.—A revocation 

21 under subparagraph (A) shall— 

22 (i) take effect immediately; and 

23 (ii) cancel any other valid visa or 

24 entry documentation that is in the posses25 sion of the alien. 


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1 (d) IMPLEMENTATION; PENALTIES.— 

2 (1) IMPLEMENTATION.—The President shall ex3 ercise all authorities provided under sections 203 

4 and 205 of the International Emergency Economic 

5 Powers Act (50 U.S.C. 1702 and 1704) to carry out 

6 this section. 

7 (2) REGULATORY AUTHORITY.—Not later than 

8 180 days after the date of enactment of this Act, the 

9 Secretary of the Treasury shall issue such regula10 tions, licenses, and orders as are necessary to carry 

11 out this section. 

12 (3) PENALTIES.—A person that violates, at13 tempts to violate, conspires to violate, or causes a 

14 violation of subsection (b) or any regulation, license, 

15 or order issued to carry out that subsection shall be 

16 subject to the penalties set forth in subsections (b) 

17 and (c) of section 206 of the International Emer18 gency Economic Powers Act (50 U.S.C. 1705) to the 

19 same extent as a person that commits an unlawful 

20 act described in subsection (a) of that section. 

21 (e) EXCEPTIONS.— 

22 (1) EXCEPTION FOR INTELLIGENCE ACTIVI23 TIES.—Sanctions under this section shall not apply 

24 to any activity subject to the reporting requirements 

25 under title V of the National Security Act of 1947 


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1 (50 U.S.C. 3091 et seq.) or any authorized intel2 ligence activities of the United States. 

3 (2) COMPLIANCE WITH UNITED NATIONS HEAD4 QUARTERS AGREEMENT.—Subsection (c) shall not 

5 apply with respect to the admission of an alien to 

6 the United States if such admission is necessary to 

7 permit the United States to comply with the Agree8 ment regarding the Headquarters of the United Na9 tions, signed at Lake Success, June 26, 1947, and 

10 entered into force, November 21, 1947, between the 

11 United Nations and the United States. 

12 (3) EXCEPTION RELATING TO IMPORTATION OF

13 GOODS.— 

14 (A) IN GENERAL.—The authorities and re15 quirements to impose sanctions authorized 

16 under this section shall not include the author17 ity or a requirement to impose sanctions on the 

18 importation of goods. 

19 (B) GOOD DEFINED.—In this paragraph, 

20 the term ‘‘good’’ means any article, natural or 

21 manmade substance, material, supply, or manu22 factured product, including inspection and test 

23 equipment, and excluding technical data. 

Æ 


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