Prohibition on intelligence community contracting with Chinese military companies engaged in biotechnology research, development, or manufacturing

(a) Definitions In this section: (1) 1260H list The term 1260H list means the list of Chinese military companies operating in the United States most recently submitted under section 1260H(b)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law 116–283). (2) Affiliate The term affiliate means an entity that directly or indirectly controls, is controlled by, or is under common control with another entity. (3) Biotechnology The term biotechnology means the use of biological processes, organisms, or systems for manufacturing, research, or medical purposes, including genetic engineering, synthetic biology, and bioinformatics. (b) Prohibition Subject to subsections (d) and (e), a head of an element of the intelligence community may not enter into, renew, or extend any contract for a good or service with— (1) any entity listed on the 1260H list that is engaged in biotechnology research, development, manufacturing, or related activities; (2) any entity that is an affiliate, subsidiary, or parent company of a biotechnology company included on the 1260H list; (3) any entity that has a known joint venture, partnership, or contractual relationship with a biotechnology company included on the 1260H list, where such relationship presents a risk to national security as determined by the Director of National Intelligence; or (4) any entity that is engaged in biotechnology research, development, manufacturing, or related activities and deemed to be a threat to national security as determined by the Director. (c) Implementation and compliance The Director of National Intelligence shall— (1) establish guidelines for determining affiliation and contractual relationships under this section; (2) maintain a publicly available list of biotechnology companies and affiliates with whom contracting is prohibited under subsection (b); (3) require that each head of an element of the intelligence community ensure that the contractors and subcontractors engaged by the element certify that they are not engaged in a contract for a good or service with an entity included on the 1260H list that is engaged in biotechnology research, development, manufacturing, or a related activity; and (4) conduct regular audits to ensure compliance with subsection (b). (d) Waiver authority (1) In general The Director of National Intelligence may waive the prohibition under subsection (b) for a procurement on a case-by-case basis if the Director determines, in writing, that— (A) the procurement is essential for national security and no reasonable alternative source exists; and (B) appropriate measures are in place to mitigate risks associated with the procurement. (2) Congressional notification For each waiver for a procurement issued under subsection (b), the Director shall, not later than 30 days after issuing the waiver, submit to the congressional intelligence committees a notice of the waiver, which shall include a justification for the waiver and a description of the risk mitigation measures implemented for the procurement. (e) Exceptions The prohibitions under subsection (b) shall not apply to— (1) the acquisition or provision of health care services overseas for— (A) employees of the United States, including members of the uniformed services (as defined in section 101(a) of title 10, United States Code), whose official duty stations are located overseas or who are on permissive temporary duty travel overseas; or (B) employees of contractors or subcontractors of the United States— (i) who are performing under a contract that directly supports the missions or activities of individuals described in subparagraph (A); and (ii) whose primary duty stations are located overseas or who are on permissive temporary duty travel overseas; or (2) the acquisition, use, or distribution of human multiomic data, lawfully compiled, that is commercially or publicly available. (f) Effective date This section shall take effect on the date that is 60 days after the date of the enactment of this Act. (g) Sunset The provisions of this section shall terminate on the date that is 10 years after the date of the enactment of this Act.