License requirement to protect United States intellectual property and sensitive information related to synthetic biology

Part I of the Export Control Reform Act of 2018 (50 U.S.C. 4811 et seq.) is amended by inserting after section 1758 the following: 1758A. License requirement to protect United States intellectual property and sensitive information related to synthetic biology (a) License requirement Not later than 1 year after the date of the enactment of this section, the Secretary shall, except as provided for in subsection (b), require a license for the export, reexport, or in-country transfer to a foreign entity of concern of a digital sequence of synthetic DNA or RNA designed by humans or artificial intelligence systems. (b) Exception The requirement for a license under subsection (a) shall not apply with respect to information described in section 734.3(b) of the Export Administration Regulations. (c) Definitions In this section: (1) Digital sequence The term digital sequence means a binary file or other digital representation containing symbols representing the identity, order, and any chemical modification for each position in a DNA or RNA molecule. (2) Foreign country of concern The term foreign country of concern has the meaning given that term in section 10612(a) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)). (3) Foreign entity of concern The term foreign entity of concern means— (A) a government entity of a foreign country of concern; (B) a foreign person subject to the jurisdiction of, or organized under the laws of, a foreign country of concern; or (C) a foreign person owned, directed, or controlled by an entity described in subparagraph (A) or (B). (4) Synthetic DNA or RNA The term synthetic DNA or RNA means— (A) molecules that are constructed by joining nucleic acid molecules and can replicate in a living cell, such as recombinant nucleic acids; (B) nucleic acid molecules that are chemically or by other means synthesized, including such molecules that are chemically or otherwise modified but can base pair with naturally occurring nucleic acid molecules, such as synthetic nucleic acids; or (C) molecules that result from the replication of molecules described in subparagraph (A) or (B)..