S.Amdt. 3236

SA 3236 is an amendment to bill S. 2296 that aims to stop the United States government from doing business with certain biotechnology providers that are considered a risk to national security.

Purpose and Changes

The amendment adds Section 881, which creates a prohibition on contracting with biotechnology companies of concern. The key changes include:

• Contracting Restrictions: Executive agencies cannot buy biotechnology equipment or services from these companies. They are also blocked from signing or renewing contracts with any entity that uses equipment or services from these companies.
• Funding Bans: The amendment prohibits using loan or grant funds to get or use biotechnology equipment or services from these providers.
• Identifying Risks: The Director of the Office of Management and Budget will maintain a list of these companies. This includes entities linked to foreign adversaries or those on the Department of Defense list of Chinese military companies operating in the U.S.
• Safety and Oversight:
  • It requires a national security assessment and report on the risks of foreign adversaries acquiring American multiomic data.
  • It mandates annual reporting on "nefarious activities" conducted by biotech companies using human multiomic data.
• Exceptions and Waivers:
  • Exceptions are made for authorized intelligence activities, certain overseas health care services, publicly available multiomic data, and medical supplies needed for public health emergencies.
  • Waivers can be granted on a case-by-case basis if approved by the Director of the Office of Management and Budget and coordinated with the Secretary of Defense.