HR 8333 United States House · 118th Congress

BIOSECURE Act

The BIOSECURE Act prohibits U.S. federal agencies from contracting for or using biotechnology equipment and services from designated "biotechnology companies of concern," such as BGI, MGI, Complete Genomics, WuXi AppTec, and WuXi Biologics, and bans federal funds for these purposes. It requires the Office of Management and Budget to create and update a list of these companies based on national security risks, with implementation phased in over 60-180 days after regulations are issued. Exceptions include intelligence activities, overseas health care for U.S. personnel, and publicly available multiomic data, while limited waivers for national security or overseas health care are permitted with congressional notification. The law does not require new funding and mandates annual reviews of the designated companies.
Bill status passed 3 of 5 stages cleared
Introduction
May 2024
Committee Review
Sep 2024
House Passage
Sep 2024
Senate Passage
President
Introduced May 10, 2024 Last action Sep 10, 2024
Maddy AI version diff · 1 comparison

What changed between versions

Introduced in House Engrossed in House · 5 edits · Sep 9, 2024
MODERATE
The Engrossed version of the BIOSECURE Act makes several targeted changes from the Introduced version: it adds the National Cyber Director to multiple coordination and consultation roles, adds the Senate Select Committee on Intelligence and House Permanent Select Committee on Intelligence as appropriate congressional committees, narrows the scope of existing contract exceptions by changing 'currently negotiated contract option years' to 'previously negotiated contract options,' clarifies the trigger for the five-year transition period for newly designated companies, and carves out an exception to the contract definition for specific subsections.
Scope change
The bill's scope was slightly narrowed in its grandfathering provisions for existing contracts (limiting them to 'previously negotiated' options rather than 'currently negotiated' option years) while being broadened in terms of oversight by adding intelligence committees and the National Cyber Director to coordination roles.
SCOPE

The exception for existing contracts in subsection (c)(3) was narrowed: 'currently negotiated contract option years' was changed to 'previously negotiated contract options,' which likely limits the scope of grandfathered contracts that are exempt from the prohibition.

The definition of 'appropriate congressional committees' now includes the Senate Select Committee on Intelligence and the House Permanent Select Committee on Intelligence, expanding which committees receive notifications and reports under the Act.

TIMELINE

The five-year transition period for newly designated biotechnology companies of concern (subsection f(2)(B)) now runs from 'the issuance of the regulation in subsection (h) that identifies' the company, rather than simply from 'the identification' of the company. This ties the clock to a formal regulatory action.

REQUIREMENT

The National Cyber Director was added to the list of officials who coordinate with OMB on guidance (subsection f(3)), list updates (subsection f)(4)), and the national security risk assessment (subsection g)(1)).

DEFINITION

The definition of 'contract' in subsection (k)(3) now includes an exception: 'Except as the term is used under subsection (b)(2) and subsection (c)(3),' meaning those subsections use a broader or different understanding of contract than the Federal Acquisition Regulation-based definition.

Floor votes · House Sep 9, 2024

How they voted

30681
Passed · 44 other
Total votes 431
Sep 9, 2024
D Democratic211
111 Yea 79 Nay 21
52% Yea
I Independent1
1 Yea
100% Yea
R Republican219
194 Yea 2 Nay 23
88% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
2
Committee
3
Amendments
2
Sep 10, 2024
Committee
Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
upper
Sep 9, 2024
Introduced
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 306 - 81 (Roll no. 402). (text: CR H5051-5052)
lower
Sep 9, 2024
Lower · Passed
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 306 - 81 (Roll no. 402). (text: CR H5051-5052)
lower
Sep 9, 2024
Introduced
Mr. Comer moved to suspend the rules and pass the bill, as amended.
lower
May 15, 2024
Lower · Passed
Committee Consideration and Mark-up Session Held
lower
May 10, 2024
Committee
Referred to the Committee on Oversight and Accountability, and in addition to the Committee on Intelligence (Permanent Select), 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.
lower
May 10, 2024
Introduced
Introduced in House
lower
1 primary · 14 co-sponsors

Sponsors