I 
118TH CONGRESS 
1ST SESSION H. R. 4087 
To prohibit the use of Federal funds to conduct or support certain gain- 
of-function research by a foreign adversary. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2023 
Mr. WENSTRUP (for himself and Mrs. LESKO) introduced the following bill; 
which was referred to the Committee on Energy and Commerce 
A BILL 
To prohibit the use of Federal funds to conduct or support 
certain gain-of-function research by a foreign adversary. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Adversary 
Gain-of-Function Research Prevention Act of 2023’’. 
SEC. 2. PROHIBITION ON FEDERAL FUNDING FOR CERTAIN 
GAIN-OF-FUNCTION RESEARCH BY A FOR-
EIGN ADVERSARY. 
(a) IN GENERAL.—No Federal funds may be made 
available, whether directly or indirectly, or used by an en-
VerDate Sep 11 2014 
04:53 Jul 15, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4087.IH
H4087
pbinns on DSKJLVW7X2PROD with $$_JOB
tity, to conduct or support any gain-of-function research 
involving a potential pandemic pathogen by a foreign ad-
versary, including— 
(1) China, Russia, Iran, and North Korea; and 
(2) any other country the Secretary of State, in 
consultation with the Secretary of Defense, the Di-
rector of National Intelligence, or any other appro-
priate Federal official, determines to be a foreign 
adversary for the purposes of this section. 
(b) FUNDING FREEZE FOR VIOLATIONS.—If the Sec-
retary of State determines that an entity has violated sub-
section (a), such entity— 
(1) for the 3-year period beginning on the date 
of such determination, may not receive any award or 
subaward of a grant, cooperative agreement, loan, or 
contract from the Department of Health and 
Human Services; and 
(2) for the 3-year period beginning on the day 
after the last day of the period described in para-
graph (1), may not receive any award of a grant, co-
operative agreement, loan, or contract from the De-
partment of Health and Human Services unless the 
entity agrees, as a condition of receiving such award 
to— 
VerDate Sep 11 2014 
04:53 Jul 15, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4087.IH
H4087
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) give notice to the Congress before 
using such award to make any subaward; and 
(B) include in any such notice the intended 
recipient and purpose of the subaward. 
(c) DEFINITIONS.—In this section: 
(1) GAIN-OF-FUNCTION RESEARCH.—The term 
‘‘gain-of-function research’’ means any research that 
may be reasonably anticipated to confer an attribute 
to a pathogen such that the pathogen would have 
enhanced pathogenicity or transmissibility in mam-
mals, including the creation of a chimera. 
(2) POTENTIAL
PANDEMIC
PATHOGEN.—The 
term ‘‘potential pandemic pathogen’’ means a patho-
gen that, as a result of any gain-of-function re-
search— 
(A) is likely more transmissible or likely 
capable of wide and uncontrollable spread in 
human populations; 
(B) is likely more virulent or likely to 
cause modest or greater morbidity or mortality 
in humans; or 
(C) is likely to pose a severe threat to pub-
lic health, the capacity of the public health sys-
tems to function, or national security. 
Æ 
VerDate Sep 11 2014 
04:53 Jul 15, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H4087.IH
H4087
pbinns on DSKJLVW7X2PROD with $$_JOB