Overview
Title
To prohibit contracting with certain biotechnology providers, and for other purposes.
ELI5 AI
The BIOSECURE Act is a plan to help keep the country safe by not buying things from certain companies that work with living stuff in a risky way. This means if a government needs something, it can't get it from companies that might not be safe, unless it's a real emergency.
Summary AI
The BIOSECURE Act aims to restrict U.S. government contracts and financial dealings with specific biotechnology companies deemed to pose a national security risk. It prohibits executive agencies from procuring equipment or services from such companies and also extends this prohibition to loan and grant funds. Waivers can be granted under certain conditions, such as national security interests or for overseas healthcare services. The bill also outlines an evaluation process to identify these companies and includes measures for periodic updates and reporting to Congress on national security risks related to multiomic data.
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Keywords AI
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AnalysisAI
General Summary
The bill titled "H. R. 8333" aims to restrict the U.S. government's ability to engage in contracts with specific biotechnology companies deemed as potential threats to national security. Known as the "BIOSECURE Act," this proposed legislation identifies and targets companies that might have foreign influences that could jeopardize U.S. interests, particularly pertaining to data security and integrity. It primarily affects executive agencies and outlines timelines for compliance, waivers, exceptions, and criteria for the designation of "biotechnology companies of concern."
Summary of Significant Issues
The bill outlines a series of actions to prohibit government contracts with certain biotechnology companies but leaves room for questions and potential complications. A significant concern is the absence of clear and consistent criteria for determining what constitutes a "biotechnology company of concern," potentially leading to ambiguity in enforcement. Additionally, the provision that allows for waivers through a complex inter-agency process could slow down critical operations, especially in urgent situations that demand swift action. Another critical issue is the risk of unintentionally limiting access to essential biotechnology services, which could affect national defense and public health sectors. Moreover, frequent updates to the list of concerning companies may introduce instability for businesses operating in this sector.
Impact on the Public
The bill may have far-reaching implications for the public, particularly in safeguarding national security. By restricting contracts with certain biotechnology providers, the government aims to protect sensitive data and prevent foreign entities from potentially exploiting U.S. resources. However, this protective measure could also disrupt access to vital technological tools and services, potentially affecting the healthcare and defense industries reliant on cutting-edge biotechnology. The general public might initially see these changes as steps towards enhancing national security, but concerns about accessibility and efficiency of government services might surface over time.
Impact on Specific Stakeholders
For government agencies, the bill imposes strict limitations that could complicate procurement processes and limit available resources. Agencies might struggle with the nuanced waiver process that involves multiple levels of approval. Businesses within the biotechnology sector may face significant disruption and uncertainty, as the list of concerning companies is subject to frequent updates. This could lead to investment hesitance and affect economic stability in the biotechnology industry. Conversely, companies focused on data security and those aligned with government criteria may find increased opportunities as trusted providers. National security experts and policymakers may view these restrictions as necessary strides towards protecting sensitive information and reducing foreign interference, aligning their interests with broader national security goals.
In sum, the BIOSECURE Act seeks to enhance national safety by restricting specific contractual relationships but faces challenges related to clarity, implementation, and potential unintended consequences for critical sectors.
Issues
The lack of clear definitions for 'biotechnology company of concern' in Section 2 leaves ambiguity about which entities are affected, potentially leading to legal challenges and hindered enforcement.
The prohibition on contracting with certain biotechnology providers in Section 2 might unintentionally restrict access to essential biotechnology services and equipment needed for national defense and healthcare, impacting public welfare and national security.
The waiver process in Section 2(d) introduces complex coordination requirements with multiple agencies, potentially making it cumbersome and slow to grant waivers in urgent situations, which could impact government efficiency and response times.
The effective dates in Section 2(c) create a complex timeline that may confuse stakeholders about when certain actions are required or prohibited, potentially leading to compliance issues and legal disputes.
The 'No Immediate Public Release' clause in Section 2(f)(6) could delay the release of important information to the public, impacting transparency and accountability, which are crucial in maintaining public trust.
The term 'biotechnology equipment or service' in Section 2(k)(2) might cast a wide net, possibly targeting benign entities and requiring a narrower scope to avoid unintended negative impacts on businesses.
The safe harbor clause in Section 2(c)(3)(C) lacks clear procedures or criteria for removing a biotechnology company from the list of concern, leading to potential administrative inefficiencies or market disruptions.
Frequent updates to the list of biotechnology companies of concern, as outlined in Section 2(f)(4), could create business instability and uncertainty, negatively affecting economic planning and investments in the biotechnology sector.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The BIOSECURE Act is the name that may be used to refer to this law.
2. Prohibition on contracting with certain biotechnology providers Read Opens in new tab
Summary AI
The section prohibits U.S. executive agencies from buying or contracting with companies that are considered biotechnology threats, specifying timelines and exceptions, such as for overseas healthcare services. It establishes a process for identifying and listing these companies, including criteria related to foreign influence and data security, and ensures these actions do not use extra funding.