[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5209 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5209

To impose export controls and sanctions to address the security threat 
posed by the genetic mapping efforts of the Government of the People's 
     Republic of China and other countries, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 15, 2023

 Mr. Dunn of Florida introduced the following bill; which was referred 
 to the Committee on Foreign Affairs, and in addition to the Committee 
  on the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To impose export controls and sanctions to address the security threat 
posed by the genetic mapping efforts of the Government of the People's 
     Republic of China and other countries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping Genetic Monitoring by China 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Admission; admitted; alien.--The terms ``admission'', 
        ``admitted'', and ``alien'' have the meanings given those terms 
        in section 101 of the Immigration and Nationality Act (8 U.S.C. 
        1101).
            (2) Commerce control list.--The term ``Commerce Control 
        List'' means the list maintained by the Bureau of Industry and 
        Security of the Department of Commerce and set forth in 
        Supplement No. 1 to part 774 of the Export Administration 
        Regulations.
            (3) Covered country.--The term ``covered country'' means 
        any of the following:
                    (A) The Islamic Republic of Iran.
                    (B) Democratic People's Republic of North Korea.
                    (C) The People's Republic of China.
                    (D) The Russian Federation.
                    (E) The Republic of Cuba.
                    (F) The Maduro Regime of Venezuela.
                    (G) The Syrian Arab Republic.
                    (H) Any other country the government of which is 
                determined by the Secretary of State to be a foreign 
                adversary (as defined in section 8(c) of the Secure and 
                Trusted Communications Networks Act of 2019 (47 U.S.C. 
                1607(c))).
            (4) Entity list.--The term ``Entity List'' means the list 
        maintained by the Bureau of Industry and Security and set forth 
        in Supplement No. 4 to part 744 of the Export Administration 
        Regulations.
            (5) Export; export administration regulations; in-country 
        transfer; reexport.--The terms ``export'', ``Export 
        Administration Regulations'', ``in-country transfer'', and 
        ``reexport'' have the meanings given those terms in section 
        1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801).

SEC. 3. CONTROL OF EXPORTS OF GENETIC COLLECTION AND ANALYSIS 
              TECHNOLOGY TO CERTAIN COUNTRIES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the heads of the agencies that are represented on the End-
User Review Committee shall, in consultation with the Secretary of 
Health and Human Services--
            (1) add technology described in subsection (b) to the 
        Commerce Control List; and
            (2) deny any license required for the export, reexport, or 
        in-country transfer to or in a covered country of any such 
        technology, unless the person seeking the license submits to 
        the Committee such documentation as the Secretary of State may 
        reasonably require to demonstrate by clear and convincing 
        evidence that, if the license is approved, the technology will 
        not be used for human rights abuses or by an entity that has 
        engaged in human rights abuses.
    (b) Technology Described.--Technology described in this subsection 
is technology identified by the Secretary of Defense or the Secretary 
of State, in consultation with the Secretary of Health and Human 
Services, or the Secretary of Energy as genetic instruments, 
including--
            (1) Next Generation and Sanger Generation genetic 
        sequencers;
            (2) genetic sequencing kits and reagents;
            (3) genetic testing and sampling kits (including forensic 
        DNA testing kits);
            (4) related laboratory instruments;
            (5) any instrument-specific software--
                    (A) relating to genetic testing, genetic mapping, 
                genetic sequencing, genetic analysis and editing, or 
                any technology described in any of paragraphs (1) 
                through (4); and
                    (B) included, on the day before the date of the 
                enactment of this Act, under the definition of crime 
                control and detection instruments under section 742.7 
                of the Export Administration Regulations; or
            (6) any other related genetic technology that could enable 
        human rights abuses, as identified by the head of any agency 
        represented on the End-User Review Committee, in consultation 
        with the Secretary of Health and Human Services.
    (c) End-User Review Committee Defined.--In this section, the term 
``End-User Review Committee'' means--
            (1) the End-User Review Committee established under section 
        744.16(d) of title 15, Code of Federal Regulations; or
            (2) any successor committee.

SEC. 4. IMPOSITION OF SANCTIONS WITH RESPECT TO PROVISION OF GENETIC 
              MONITORING TECHNOLOGY TO COVERED COUNTRIES.

    (a) In General.--Not later than the date that is 90 days after the 
date of the enactment of this Act, and as appropriate thereafter, the 
President shall--
            (1) impose the sanctions described in subsection (b) with 
        respect to each foreign person that the Secretary of the 
        Treasury, in consultation with the Secretary of State, 
        determines--
                    (A) is responsible for or complicit in, or has 
                directly or indirectly engaged in, gross violations of 
                internationally recognized human rights;
                    (B) has provided, is providing, or poses a 
                significant risk of providing, to an entity in a 
                covered country genetic sampling and analysis 
                technology that could directly or indirectly enable 
                gross violations of internationally recognized human 
                rights, as determined by the Secretary of State or the 
                Secretary of the Treasury, in consultation with the 
                Secretary of Health and Human Services;
                    (C) conducts genetic sampling and analysis and is 
                located in, has headquarters in, or is organized under 
                the laws of, a covered country, including--
                            (i) any entity placed on the Entity List 
                        for human rights abuses directly or indirectly 
                        related to genetic monitoring efforts, 
                        including--
                                    (I) the Institute of Forensic 
                                Science;
                                    (II) CloudWalk Technology;
                                    (III) FiberHome Technologies Group;
                                    (IV) Forensic Genomics 
                                International;
                                    (V) the Chinese Academy of Military 
                                Medical Sciences;
                                    (VI) the Chinese Academy of 
                                Sciences; and
                                    (VII) BGI Group;
                            (ii) national key labs and other state-
                        affiliated research institutes providing 
                        genetic sampling and analysis technology for 
                        public security purposes;
                            (iii) any college or university in the 
                        People's Republic of China that is determined 
                        by the Secretary of Defense to be involved in 
                        genetic monitoring and human rights abuses, 
                        including--
                                    (I) any college or university in 
                                the People's Republic of China that 
                                conducts genetic research or hosts 
                                dedicated security and monitoring 
                                initiatives or laboratories, including 
                                such a college or university designated 
                                under the ``double first-class 
                                university plan''; and
                                    (II) any college or university in 
                                the People's Republic of China that 
                                conducts research or hosts dedicated 
                                initiatives or laboratories for any 
                                security entity of the People's 
                                Republic of China, including the 
                                People's Liberation Army, the People's 
                                Armed Police, the Ministry of Public 
                                Security, and the Ministry of State 
                                Security;
                            (iv) any enterprise for which the majority 
                        shareholder or ultimate parent entity is the 
                        Government of the People's Republic of China at 
                        any level of that government;
                            (v) any privately owned company in the 
                        People's Republic of China that has--
                                    (I) a history of subcontracting for 
                                the People's Liberation Army, the 
                                People's Armed Police, the Ministry of 
                                Public Security, the Ministry of State 
                                Security, or any affiliate of any such 
                                entity; or
                                    (II) an owner, director, or senior 
                                management official who has served as a 
                                delegate to the National People's 
                                Congress, a member of the Chinese 
                                People's Political Consultative 
                                Conference, or a member of the Central 
                                Committee of the Chinese Communist 
                                Party; and
                            (vi) any subsidiary, successor, or alias of 
                        an entity described in any of clauses (i) 
                        through (v); or
                    (D) owns or controls, is owned or controlled by, or 
                is under common ownership or control with, an entity 
                described in subparagraph (A), (B), or (C); and
            (2) impose the sanctions described in subsection (c) with 
        respect to each alien the Secretary of State, in consultation 
        with the Secretary of the Treasury, determines is a corporate 
        officer of an entity described in paragraph (1).
    (b) Property Blocking.--The sanctions described in this subsection 
are the exercise of all of the powers granted to the President by the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to 
the extent necessary to block and prohibit all transactions in property 
and interests in property of a foreign person if such property or 
interests in property are in the United States, come within the United 
States, or are or come within the possession or control of a United 
States person.
    (c) Inadmissibility of Certain Sanctioned Persons.--
            (1) Visas, admission, or parole.--An alien described in 
        subsection (a)(2) shall be--
                    (A) inadmissible to the United States;
                    (B) ineligible to receive a visa or other 
                documentation to enter the United States; and
                    (C) otherwise ineligible to be admitted or paroled 
                into the United States or to receive any other benefit 
                under the Immigration and Nationality Act (8 U.S.C. 
                1101 et seq.).
            (2) Current visas revoked.--
                    (A) In general.--The visa or other entry 
                documentation of any alien described in paragraph (1) 
                is subject to revocation regardless of the date on 
                which the visa or other entry documentation is or was 
                issued.
                    (B) Immediate effect.--A revocation under 
                subparagraph (A) shall--
                            (i) take effect immediately; and
                            (ii) cancel any other valid visa or entry 
                        documentation that is in the possession of the 
                        alien.
    (d) Implementation; Penalties.--
            (1) Implementation.--The President shall exercise all 
        authorities provided under sections 203 and 205 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1702 and 
        1704) to carry out this section.
            (2) Regulatory authority.--Not later than 180 days after 
        the date of enactment of this Act, the Secretary of the 
        Treasury shall issue such regulations, licenses, and orders as 
        are necessary to carry out this section.
            (3) Penalties.--A person that violates, attempts to 
        violate, conspires to violate, or causes a violation of 
        subsection (b) or any regulation, license, or order issued to 
        carry out that subsection shall be subject to the penalties set 
        forth in subsections (b) and (c) of section 206 of the 
        International Emergency Economic Powers Act (50 U.S.C. 1705) to 
        the same extent as a person that commits an unlawful act 
        described in subsection (a) of that section.
    (e) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under 
        this section shall not apply to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (2) Compliance with united nations headquarters 
        agreement.--Subsection (c) shall not apply with respect to the 
        admission of an alien to the United States if such admission is 
        necessary to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success, June 26, 1947, and entered into force, 
        November 21, 1947, between the United Nations and the United 
        States.
            (3) Exception relating to importation of goods.--
                    (A) In general.--The authorities and requirements 
                to impose sanctions authorized under this section shall 
                not include the authority or a requirement to impose 
                sanctions on the importation of goods.
                    (B) Good defined.--In this paragraph, the term 
                ``good'' means any article, natural or manmade 
                substance, material, supply, or manufactured product, 
                including inspection and test equipment, and excluding 
                technical data.
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