Hagerty, Peters Applaud Senate Passage of BIOSECURE Act
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Hagerty, Peters Applaud Senate Passage of BIOSECURE Act
WASHINGTON—Today, United States Senators Bill Hagerty (R-TN) and Gary Peters (D-MI) applauded the Senate’s passage of their Prohibiting Foreign Access to American Genetic Information (BIOSECURE) Act as a bipartisan amendment to the National Defense Authorization Act (NDAA) by voice vote. The BIOSECURE Act would ban U.S. taxpayer dollars, including government procurement, contracts, loans, and grants, from going to biotechnology companies controlled or directed by foreign adversaries—such as the BGI Group, which is included in the Department of War’s so-called “1260H List” of Chinese military companies operating in the United States.
“Backed by the PRC’s balance sheet, BGI and other highly-subsidized CCP-directed companies have subsidized their way into a critical position in the U.S. biotech market while aggressively collecting the genetic and other sensitive medical data of tens of millions of Americans,” said Senator Hagerty. “Vital genetic data which could be transferred back to China for malign or unknown purposes. We have seen this play before with Huawei’s nefarious tactics against the telecoms sectors of the United States and our allies. I’m pleased that, tonight, the Senate sent a strong bipartisan message in favor of preventing U.S. taxpayer funds from advancing these predatory efforts that put Americans at long-term risk.”
“It’s critical that Americans’ personal health and genetic information doesn’t end up in the wrong hands, especially as more biotech companies are controlled by foreign adversaries like the Chinese Communist Party,” said Senator Gary Peters. “I’m glad that the Senate has passed this critical national security provision – we need to be doing everything we can to continue to safeguard this highly sensitive data.”
Background:
Biotechnology is a rapidly expanding field with many beneficial applications, including promoting human health, improving agricultural production, and spurring industrial innovation. U.S. academic institutions and companies have accelerated investments in biotechnology to advance American science and maintain America’s global economic edge in this highly competitive and complex field. However, biological data, such as DNA sequences, can be exploited for military purposes, used to invade privacy, and used to violate human rights. The U.S. intelligence community has cited the Chinese Communist Party’s concerted efforts to acquire human genetic and related data through biotechnology companies, such as the BGI Group, as a serious threat to U.S. national security. Other adversarial governments also recognize the strategic value of biotechnology to gain military and economic advantage. The U.S. has taken some steps to mitigate these threats, including by adding BGI subsidiaries to the U.S. Department of Commerce Entity List – which identifies foreign entities that may pose a security threat to the United States. However, the Chinese government and other adversaries often seek ways to get around these restrictions, and a more comprehensive strategic approach to addressing these threats is needed.
In addition to quickly banning the biotechnology companies with the most concerning business practices and ties to adversarial governments, the bipartisan legislation also establishes criteria to identify other companies of concern based on risks they may pose to U.S. national security. It also requires an annual review to ensure that new companies or existing companies that try to evade the ban through corporate restructuring can be readily identified as a potential threat. The bill also creates a redress process for biotechnology companies who are identified by the annual review process as a company of concern, allowing them the chance to appeal their designation before it is final.