,,ii #aaith ,,congress #ast ,session ,s4 #cdeb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #aa1 #bjbe,mr4 ,cotton 7for himself1 ,ms4 ,hassan1 and ,mr4 ,budd7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to restrict the export to foreign entities of concern of ,united ,states intellectual property and sensitive information related to synthetic biology1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,biological ,intellectual ,property ,protection ,act of #bjbe4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,people's ,republic of ,china is conducting a systematic campaign to access and exploit sensitive ,united ,states data and intellectual property to modernize its military1 intelligence1 and other security apparatuses1 enable human rights abuses1 and develop dual-use strategic technologies2 7#b7 access by the ,people's ,republic of ,china to sensitive ,united ,states data and intellectual property poses grave and direct threats to ,united ,states national security2 7#c7 the efforts of the ,people's ,republic of ,china to access such data and intellectual property are supported by a military-civil fusion strategy1 through which the ,people's ,republic of ,china increases the size of its military-industrial complex by compelling civilian ,chinese companies and research institutions to support its military and intelligence activities1 which results in ostensibly private and civilian companies that access ,united ,states capital supporting the modernization of the ,people's ,liberation ,army2 7#d7 the law of the ,people's ,republic of ,china requires that all citizens of the ,people's ,republic of ,china cooperate with national security priorities1 enabling the modernization of the ,people's ,liberation ,army1 including through-- 7,a7 the ,national ,security ,law of #bjae1 which states that citizens of the ,people's ,republic of ,china shall have duties and obligations to maintain national security2 7,b7 the ,national ,intelligence ,law of #bjag1 which states that all organizations and citizens shall support1 assist1 and cooperate with national intelligence work2 7,c7 the ,data ,security ,law of #bjba1 which states that where a public security organ or national security organ needs to obtain data for the sake of national security or for investigating crimes in accordance with the law ''' the relevant organizations and individuals shall cooperate2 and 7,d7 the ,counterespionage ,law1 revised in #bjbc1 which states that citizens of the ,people's ,republic of ,china have the duty to maintain the security1 honor and interests of the state1 and shall not engage in any act that endangers the security1 honor or interests of the state2 7#e7 the export of novel synthetic ,,dna and ,,rna sequences provides insight into the designs and research of biotechnology entities1 leading to a high potential for intellectual property theft by foreign adversaries2 and 7#f7 the ,united ,states should therefore control the export of synthetic ,,dna and ,,rna sequences to foreign adversaries4 #c4 ,license requirement to protect ,united ,states intellectual property and sensitive information related to synthetic biology ,part ,i of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhaa et seq47 is amended by inserting after section #ageh the following3 #ageh;,a4 ,license requirement to protect ,united ,states intellectual property and sensitive information related to synthetic biology 7a7 ,license requirement ,not later than #a year after the date of the enactment of this section1 the ,secretary shall1 except as provided for in subsection 7b71 require a license for the export1 reexport1 or in-country transfer to a foreign entity of concern of a digital sequence of synthetic ,,dna or ,,rna designed by humans or artificial intelligence systems4 7b7 ,exception ,the requirement for a license under subsection 7a7 shall not apply with respect to information described in section #gcd4c7;b7 of the ,export ,administration ,regulations4 7c7 ,definitions ,in this section3 7#a7 ,digital sequence ,the term digital sequence means a binary file or other digital representation containing symbols representing the identity1 order1 and any chemical modification for each position in a ,,dna or ,,rna molecule4 7#b7 ,foreign country of concern ,the term foreign country of concern has the meaning given that term in section #ajfab7;a7 of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aibba7;a774 7#c7 ,foreign entity of concern ,the term foreign entity of concern means-- 7,a7 a government entity of a foreign country of concern2 7,b7 a foreign person subject to the jurisdiction of1 or organized under the laws of1 a foreign country of concern2 or 7,c7 a foreign person owned1 directed1 or controlled by an entity described in subparagraph 7,a7 or 7,b74 7#d7 ,synthetic ,,dna or ,,rna ,the term synthetic ,,dna or ,,rna means-- 7,a7 molecules that are constructed by joining nucleic acid molecules and can replicate in a living cell1 such as recombinant nucleic acids2 7,b7 nucleic acid molecules that are chemically or by other means synthesized1 including such molecules that are chemically or otherwise modified but can base pair with naturally occurring nucleic acid molecules1 such as synthetic nucleic acids2 or 7,c7 molecules that result from the replication of molecules described in subparagraph 7,a7 or 7,b74 4