,,ii  #aahth ,,congress  #ast ,session  
,s4 #cche  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #d1  
#bjbc,mr4 ,hagerty introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to prohibit contracting with
 certain biotechnology providers4  #a4  
,prohibition on contracting with certain
 biotechnology providers  7a7 ,in       
general ,the head of an ,executive      
agency may not-- 7#a7 procure or obtain 
or extend or renew a contract to procure
 or obtain any covered biotechnology    
equipment or service2 or  7#b7 enter    
into a contract or extend or renew a    
contract with any entity that-- 7,a7    
uses covered biotechnology equipment or 
services acquired after the date of the 
enactment of this ,act2 or  7,b7 that   
enters into any contract the performance
 of which such entity knows or has      
reason to believe will require the      
direct use of covered biotechnology     

equipment or services4  7b7 ,prohibition
 on loan and grant funds ,the head of an
 ,executive agency may not obligate or  
expend loan or grant funds to-- 7#a7    
procure or obtain or extend or renew a  
contract to procure or obtain any       
covered biotechnology equipment or      
service2 or  7#b7 enter into a contract 
or extend or renew a contract with an   
entity described in subsection 7a77#b74 
7c7 ,effective date ,the prohibitions   
under subsections 7a7 and 7b7 shall take
 effect #ahj days after the date of the 
enactment of this ,act4  7d7 ,waiver    
authorities  7#a7 ,specific             
biotechnology exception  7,a7 ,waiver   
,the head of an ,executive agency may   
waive the prohibitions under subsection 
7a7 and 7b7 on a case-by-case basis--   
7i7 with the approval of the ,director  
of the ,office of ,management and       
,budget1 in consultation with the       
,federal ,acquisition ,security ,council
 and the ,secretary of ,defense2 and    
7ii7 if such head submits a notification

 and justification to the appropriate   
congressional committees not later than 
#cj days after granting such waiver4    
7,b7 ,duration  7i7 ,in general ,except 
as provided in clause 7ii71 a waiver    
granted under subparagraph 7,a7 shall   
last for a period of not more than #ahj 
days4  7ii7 ,extension ,the ,director of
 the ,office of ,management and ,budget1
 in consultation with the ,federal      
,acquisition ,security ,council and the 
,secretary of ,defense1 may extend a    
waiver granted under subparagraph 7,a7  
one time1 for a period up to #ahj days  
after the date on which the waiver would
 otherwise expire1 if such an extension 
is in the national security interests of
 the ,united ,states and the ,director  
submits to the appropriate congressional
 committees a notification of such      
waiver4  7#b7 ,overseas health care     
services ,the head of an ,executive     
agency may waive the prohibitions under 
subsections 7a7 and 7b7 with respect to 
a contract1 subcontract1 or transaction 

for the acquisition or provision of     
health care services overseas on a      
case-by-case basis-- 7,a7 if the head of
 such ,executive agency determines that 
the waiver is-- 7i7 necessary to support
 the mission or activities of the       
employees of such ,executive agency     
described in subsection 7e77#b77;,a72   
and  7ii7 in the interest of the ,united
 ,states2  7,b7 with the approval of the
 ,director of the ,office of ,management
 and ,budget1 in consultation with the  
,federal ,security ,acquisition ,council
 and the ,secretary of ,defense2 and    
7,c7 if such head submits a notification
 and justification to the appropriate   
congressional committees not later than 
#cj days after granting such waiver4    
7e7 ,exceptions ,the prohibitions under 
subsections 7a7 and 7b7 shall not apply 
to-- 7#a7 any activity subject to the   
reporting requirements under title ,v of
 the ,national ,security ,act of #aidg  
7#ej ,u4,s4,c4 #cjia et seq47 or any    
authorized intelligence activities of   

the ,united ,states2  7#b7 the          
acquisition or provision of health care 
services overseas for-- 7,a7 employees  
of the ,united ,states1 including       
members of the uniformed services 7as   
defined in section #aja7;a7 of title    
#aj1 ,united ,states ,code71 whose      
official duty stations are located      
overseas2 or  7,b7 employees of         
contractors or subcontractors of the    
,united ,states-- 7i7 who are performing
 under a contract that directly supports
 the missions or activities of          
individuals described in subparagraph   
7,a72 and  7ii7 whose primary duty      
stations are located overseas2 or  7#c7 
the acquisition1 use1 or distribution of
 genetic sequencing data1 however       
complied1 that is commercially          
available4  7f7 ,evaluation of certain  
biotechnology entities ,not later than  
#ij days after the date of the enactment
 of this ,act1 the ,secretary of        
,defense shall determine whether ,wuxi  
,app,tec1 ,ax,bio1 and any subsidiary1  

affiliate1 or successor of such         
entities1 or any other entity           
headquartered in or organized under the 
laws of the ,people's ,republic of      
,china is a biotechnology company of    
concern4  7g7 ,regulations  7#a7        
,guidance ,not later than #ahj days     
after the date of the enactment of this 
,act1 the ,director of the ,office of   
,management and ,budget1 in coordination
 with the ,federal ,acquisition         
,security ,council1 the ,federal        
,acquisition ,regulatory ,council1 the  
,secretary of ,defense1 and other heads 
of ,executive agencies as determined    
appropriate by the ,director of the     
,office of ,management and ,budget1     
shall establish guidance1 as necessary1 
to implement the requirements of this   
section4  7#b7 ,federal ,acquisition    
,regulation ,not later than #bgj days   
after the date of the enactment of this 
,act1 the ,federal ,acquisition         
,regulatory ,council shall revise the   
,federal ,acquisition ,regulation as    

necessary to implement the requirements 
of this section4  7h7 ,definitions ,in  
this section3 7#a7 ,appropriate         
congressional committees ,the term      
appropriate congressional committees    
means-- 7,a7 the ,committee on ,armed   
,services and the ,committee on         
,homeland ,security and ,governmental   
,affairs of the ,senate2 and  7,b7 the  
,committee on ,armed ,services1 the     
,committee on ,foreign ,affairs1 the    
,committee on ,oversight and            
,accountability1 the ,committee on      
,energy and ,commerce1 and the ,select  
,committee on ,strategic ,competition   
between the ,united ,states and the     
,chinese ,communist ,party of the ,house
 of ,representatives4  7#b7             
,biotechnology company of concern ,the  
term biotechnology company of concern   
means-- 7,a7 the ,,bgi ,group1 ,,mgi    
,group1 or ,complete ,genomics1 or any  
subsidiary1 parent1 affiliate1 or       
successor of such entities2 and  7,b7   
any entity that-- 7i7 is subject to the 

jurisdiction1 direction1 or control of a
 foreign adversary2  7ii7 operates      
primarily in the biotechnology industry2
 and  7iii7 the ,secretary of ,defense  
deems to pose a risk to the national    
security of the ,united ,states4  7#c7  
,biotechnology equipment or service ,the
 term biotechnology equipment or service
 means-- 7,a7 any instrument1 apparatus1
 machine1 or device1 including          
components and accessories thereof1 that
 is designed for use in the research1   
development1 production1 or analysis of 
biological materials as well as any     
software1 firmware1 or other digital    
components that are specifically        
designed for use in1 and necessary for  
the operation of1 such an instrument1   
apparatus1 machine1 or device2  7,b7 any
 service for the research1 development1 
production1 analysis1 detection1 or     
provision of information related to     
biological materials1 including-- 7i7   
advising1 consulting1 or support        
services provided by a biotechnology    

company of concern with respect to the  
use or implementation of a instrument1  
apparatus1 machine1 or device described 
in subparagraph 7,a72 and  7ii7 disease 
detection1 genealogical information1 and
 related services2 and  7,c7 any other  
service1 instrument1 apparatus1 machine1
 component1 accessory1 device1 software1
 or firmware that the ,federal          
,acquisition ,security ,council1 in     
coordination with the ,secretary of     
,defense and such other heads of        
,executive agencies 7as determined by   
the ,federal ,acquisition ,security     
,council71 determines appropriate4  7#d7
 ,control ,the term control has the     
meaning given to that term in section   
#hjj4bjh of title #ca1 ,code of ,federal
 ,regulations1 or any successor         
regulations4  7#e7 ,covered             
biotechnology equipment or service ,the 
term covered biotechnology equipment or 
service means a biotechnology equipment 
or service produced or provided by a    
biotechnology company of concern4  7#f7 

,executive agency ,the term ,executive  
agency has the meaning given such term  
in section #aje of title #e1 ,united    
,states ,code4  7#g7 ,foreign adversary 
,the term foreign adversary has the     
meaning given the term covered nation in
 section #dhgb7;d7 of title #aj1 ,united
 ,states ,code4  7#h7 ,overseas ,the    
term overseas means any area outside of 
the ,united ,states1 the ,commonwealth  
of ,puerto ,rico1 or a territory or     
possession of the ,united ,states4