Limitation related to countries of concern conducting certain research

Section 2315(c) of the PREVENT Pandemics Act (42 U.S.C. 6627) is amended to read as follows: (c) Limitations on countries of concern conducting certain research (1) In general The Secretary of Health and Human Services (referred to in this subsection as the Secretary) shall not fund research that may reasonably be anticipated to involve the creation, transfer, and use of enhanced pathogens of pandemic potential or biological agents or toxins listed pursuant to section 351A(a)(1) of the Public Health Service Act if such research is conducted by a foreign entity at a facility located in a country that is determined to be a country of concern as defined in paragraph (2). (2) Countries of concern (A) Definition For purposes of this subsection, a country of concern means the People’s Republic of China, the Democratic People’s Republic of Korea, the Russian Federation, the Islamic Republic of Iran, and any other country as determined pursuant to subparagraph (B). (B) Additional countries The Director of National Intelligence (referred to in this subsection as the Director) shall, in consultation with the Secretary, add additional countries of concern for purposes of paragraph (1), only if— (i) the Director determines that evidence exists that a country has malicious intent related to the creation, enhancement, transfer, or use of pathogens of pandemic potential or biological agents or toxins listed pursuant to such section 351A(a)(1); and (ii) in a manner that does not compromise national security, the Director provides such evidence in a report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives. (C) Limitation Paragraph (1) shall not take effect with respect to a country of concern identified under subparagraph (B) until the date that is 15 days after the date on which the Director submits the report described in subparagraph (B)(ii). (3) Clarification (A) In general The requirement of paragraph (1) may be waived by the President for the duration of the initial response to an outbreak of a novel emerging infectious disease if the President determines that such requirement impedes the ability of the Federal Government to immediately respond to such outbreak. (B) Notification The President shall notify such committees of Congress not later than 48 hours after exercising the waiver under subparagraph (A), and shall provide updates to such committees related to the use of such waiver every 15 days thereafter. (4) Sunset The limitation under this subsection shall expire on December 31, 2026..