[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2551 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2551
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 SENATE OF THE UNITED STATES
July 26, 2023
Mr. Rubio introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
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 the
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 the 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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