(2) In recent years, the PRC has pursued a 
strategy known as ‘‘military-civil fusion’’ that 
merges public and private industries to enable the 
military modernization of the People’s Liberation 
Army (PLA). 
(3) In the PRC’s 14th Five-Year Plan, the 
PRC emphasized the use of artificial intelligence for 
biological discovery and called to accelerate the de-
velopment of biotechnology. 
(4) PRC biotechnology companies have repeat-
edly collaborated with PLA entities, including Third 
Military Medical University and the PLA’s Key Lab-
oratory of High-Altitude Medicine. 
(5) PRC law requires companies that are con-
trolled by a PRC entity, like BGI, to comply with 
PRC national security laws, which provide the Chi-
nese Communist Party (CCP) with the power to 
compel Chinese companies to turn over their data. 
(6) Pursuant to the PRC’s laws, the PRC can 
require a company headquartered in the PRC to sur-
render all its data to the Government of the PRC, 
making it an espionage tool of the CCP. 
(7) The National Intelligence Law, passed in 
China in 2017, states that ‘‘any organization’’ must 
assist or cooperate with CCP intelligence work. 
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(8) China’s 2014 counter-espionage law also 
states that ‘‘relevant organizations . . . may not 
refuse’’ to collect evidence for an investigation. 
(9) The PRC’s Data Security Law of 2021 
states that the Government has the power to access 
and control private data. 
(10) The PRC’s counter-espionage law grants 
PRC state security agencies nearly unfettered discre-
tion, if acting under an effectively limitlessly capa-
cious understanding of national security, to access 
data from companies. 
(11) The executive branch has determined that 
BGI, formerly known as Beijing Genomics Institute, 
is a national security threat. 
(12) In October 2022, the Department of De-
fense added BGI Genomics Co., LTD (BGI) to the 
Department of Defense’s list of PRC Military Com-
panies. 
(13) In March 2023, the Department of Com-
merce added BGI Tech Solutions (Hong Kong) a 
subsidiary of BGI, to the Entity List for concerns 
the unit poses a significant risk to contributing to 
PRC Government surveillance. 
(14) In February 2021, the National Counter-
intelligence and Security Center published a public 
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advisory that the Government of the PRC seeks to 
leverage access to genetic data to conduct repression 
and surveillance with mention of BGI’s role in this 
campaign. 
(15) BGI is engaged in global campaign to col-
lect foreign person’s genetic data. 
(16) As of October 2023, United States press 
reports BGI operates genetic collection sites or 
‘‘Fire-Eye’’ laboratories, in over 30 countries. 
(17) According to a July 2021 United States 
press report, BGI collected genetic data from mil-
lions of pregnant women through prenatal tests. 
BGI reportedly has worked with the PLA to improve 
‘‘population quality’’ in the PRC. 
(18) 
BGI 
operates 
the 
China 
National 
GeneBank, the world’s largest repository of genetic 
data. 
(19) MGI and Complete Genomics are subsidi-
aries and direct affiliates of BGI that have access to 
the United States market and population. 
(20) In 2013, BGI purchased United States 
genomic sequencing firm Complete Genomics. 
(21) According to MGI’s previous Securities 
and Exchange Commission disclosures, MGI is ‘‘part 
of the BGI’’ group and BGI ‘‘established’’ MGI. 
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(22) According to an April 2023 United States 
press report, BGI founder, Wang Jian, holds 47 per-
cent of MGI shares. 
(23) According to corporate disclosures, Com-
plete Genomics is owned by MGI and is therefore 
owned by BGI. 
(24) WuXi Apptec presents a national security 
threat to the United States. 
(25) According to PRC press, WuXi Apptec has 
sponsored Military-Civil Fusion events in the PRC. 
(26) WuXi AppTec has received investments 
from a ‘‘Military-Civil Integration Selected Hybrid 
Securities Investment Fund’’. 
(27) According to PRC press, WuXi AppTec 
has granted awards to PLA researchers and invited 
PLA institutes to participate in the selection process 
of company awards. 
(28) Chris Chen, CEO of WuXi Biologics, was 
previously an adjunct professor at the PLA’s Acad-
emy of Military Medical Sciences. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the time has come to— 
(1) stop United States taxpayer dollars from 
flowing to foreign adversary biotech companies like 
BGI that have ties to the PLA; and 
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(2) prevent United States taxpayers from buy-
ing biotech equipment from foreign adversaries that 
facilitate the transfer of United States persons ge-
netic data to a foreign adversary. 
SEC. 3. PROHIBITION ON CONTRACTING WITH CERTAIN 
BIOTECHNOLOGY PROVIDERS. 
(a) IN GENERAL.—The head of an executive agency 
may not— 
(1) procure or obtain any biotechnology equip-
ment or service produced or provided by a bio-
technology company of concern; or 
(2) enter into a contract or extend or renew a 
contract with any entity that— 
(A) uses biotechnology equipment or serv-
ices produced or provided by a biotechnology 
company of concern and acquired after the ap-
plicable effective date in subsection (c) in per-
formance of the contract; or 
(B) enters into any contract the perform-
ance of which will require the direct use of bio-
technology equipment or services produced or 
provided by a biotechnology company of concern 
and acquired after the applicable effective date 
in subsection (c). 
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(b) PROHIBITION ON LOAN AND GRANT FUNDS.— 
The head of an executive agency may not obligate or ex-
pend loan or grant funds to— 
(1) procure or obtain any biotechnology equip-
ment or services produced or provided by a bio-
technology 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 sub-
section (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 bio-
technology companies of concern covered by sub-
section (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) . 
(d) WAIVER AUTHORITIES.— 
(1) SPECIFIC BIOTECHNOLOGY EXCEPTION.— 
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(A) WAIVER.—The head of an executive 
agency may waive the prohibition under sub-
section (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 Acquisi-
tion Security Council and the Secretary of 
Defense; and 
(ii) if such head submits a notification 
and justification to the appropriate con-
gressional 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 sub-
paragraph (A) shall last for a period of not 
more than 365 days. 
(ii) EXTENSION.—The Director of the 
Office of Management and Budget, in con-
sultation with the Federal Acquisition Se-
curity Council and the Secretary of De-
fense, 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 
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extension is in the national security inter-
ests 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 prohibi-
tions under subsections (a) and (b) with respect to 
a contract, subcontract, or transaction for the acqui-
sition 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 execu-
tive 
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 con-
sultation 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 
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committees not later than 30 days after grant-
ing such waiver. 
(e) EXCEPTIONS.—The prohibitions under sub-
sections (a) and (b) shall not apply to— 
(1) any activity subject to the reporting require-
ments under title V of the National Security Act of 
1947 (50 U.S.C. 3091 et seq.) or any authorized in-
telligence activities of the United States; 
(2) the acquisition or provision of health care 
services overseas for— 
(A) employees of the United States, includ-
ing members of the uniformed services (as de-
fined 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 sub-
contractors of the United States— 
(i) who are performing under a con-
tract that directly supports the missions or 
activities of individuals described in sub-
paragraph (A); and 
(ii) whose primary duty stations are 
located overseas or are on permissive tem-
porary duty travel overseas; or 
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(3) the acquisition, use, or distribution of 
human multiomic data, however compiled, that is 
commercially or publicly available. 
(f) EVALUATION OF CERTAIN BIOTECHNOLOGY EN-
TITIES.— 
(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 Budg-
et, 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 bio-
technology 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, direc-
tion, control, or operates on behalf of the 
government of a foreign adversary; 
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(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 secu-
rity of the United States based on— 
(I) engaging in joint research 
with, being supported by, or being af-
filiated with a foreign adversary’s 
military, internal security forces, or 
intelligence agencies; 
(II) providing multiomic data ob-
tained via biotechnology equipment or 
services to the government of a for-
eign adversary; or 
(III) obtaining human multiomic 
data via the biotechnology equipment 
or services without express and in-
formed consent. 
(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 con-
sultation with the Secretary of Defense, the Attor-
ney General, the Secretary of Health and Human 
Services, the Secretary of Commerce, the Director of 
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National Intelligence, the Secretary of Homeland Se-
curity, 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 Sec-
retary of Health and Human Services, the Secretary 
of Commerce, the Director of National Intelligence, 
the Secretary of Homeland Security, and the Sec-
retary 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. 
(g) REGULATIONS.—Not later than one year after the 
date of establishment of guidance required under sub-
section (f)(3), the Federal Acquisition Regulatory Council 
shall revise the Federal Acquisition Regulation as nec-
essary to implement the requirements of this section. 
(h) NO ADDITIONAL FUNDS.—No additional funds 
are authorized to be appropriated for the purpose of car-
rying out this section. 
(i) DEFINITIONS.—In this section: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Homeland Security and Gov-
ernmental 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 Com-
mittee on Strategic Competition between the 
United States and the Chinese Communist 
Party of the House of Representatives. 
(2) BIOTECHNOLOGY
EQUIPMENT
OR
SERV-
ICE.—The term ‘‘biotechnology equipment or serv-
ice’’ means— 
(A) equipment, including genetic sequenc-
ers, mass spectrometers, polymerase chain reac-
tion machines, or any other instrument, appa-
ratus, 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 
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that are specifically designed for use in, and 
necessary for the operation of, such equipment; 
(B) any service for the research, develop-
ment, production, analysis, detection, or provi-
sion of information, including data storage and 
transmission related to biological materials, in-
cluding— 
(i) advising, consulting, or support 
services with respect to the use or imple-
mentation of a instrument, apparatus, ma-
chine, or device described in subparagraph 
(A); and 
(ii) disease detection, genealogical in-
formation, and related services; and 
(C) any other service, instrument, appa-
ratus, machine, component, accessory, device, 
software, or firmware that the Director of the 
Office of Management and Budget, in consulta-
tion 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 
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title 31, Code of Federal Regulations, or any suc-
cessor 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 Common-
wealth of Puerto Rico, or a territory or possession 
of the United States. 
Æ 
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