H.R. 4087 — Introduced in House

I 118th CONGRESS 1st Session H. R. 4087 IN THE HOUSE OF REPRESENTATIVES June 13, 2023Mr. 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. 1. Short title This Act may be cited as the Foreign Adversary Gain-of-Function Research Prevention Act of 2023. 2. Prohibition on Federal funding for certain gain-of-function research by a foreign adversary (a) In general No Federal funds may be made available, whether directly or indirectly, or used by an entity, to conduct or support any gain-of-function research involving a potential pandemic pathogen by a foreign adversary, 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 Director of National Intelligence, or any other appropriate Federal official, determines to be a foreign adversary for the purposes of this section. (b) Funding freeze for violations If the Secretary of State determines that an entity has violated subsection (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 paragraph (1), may not receive any award of a grant, cooperative agreement, loan, or contract from the Department of Health and Human Services unless the entity agrees, as a condition of receiving such award to— (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 mammals, including the creation of a chimera. (2) Potential pandemic pathogen The term potential pandemic pathogen means a pathogen that, as a result of any gain-of-function research— (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 public health, the capacity of the public health systems to function, or national security.